Protocols annexed to the Treaty establishing a Constitution for
Europe
34. PROTOCOL ON THE TRANSITIONAL PROVISIONS RELATING TO THE INSTITUTIONS AND
BODIES OF THE UNION
THE HIGH CONTRACTING PARTIES, WHEREAS, in order to organise the transition
from the European Union established by the Treaty on European Union and the
European Community to the European Union established by the Treaty establishing
a Constitution for Europe which is their successor, it is necessary to lay
down transitional provisions which will apply before all the provisions of
the Constitution and the instruments necessary for their implementation take
full effect, HAVE AGREED UPON the following provisions, which shall be annexed
to the Treaty establishing a Constitution for Europe and to the Treaty establishing
the European Atomic Energy Community:
TITLE I
PROVISIONS CONCERNING THE EUROPEAN PARLIAMENT
Article 1
1. In accordance with the second subparagraph of Article I-20(2) of the Constitution,
the European Council shall adopt a European decision determining the composition
of the European Parliament sufficiently in advance of the 2009 European Parliament
elections.
2. During the 2004-2009 parliamentary term, the composition and the number
of representatives elected to the European Parliament in each Member State
shall remain the same as on the date of the entry into force of the Treaty
establishing a Constitution for Europe, the number of representatives being
as follows:
| Belgium |
24 |
| Czech Republic |
24 |
| Denmark |
14 |
| Germany |
99 |
| Estonia |
6 |
| Greece |
24 |
| Spain |
54 |
| France |
78 |
| Ireland |
13 |
| Italy |
78 |
| Cyprus |
6 |
| Latvia |
9 |
| Lithuania |
13 |
| Luxembourg |
6 |
| Hungary |
24 |
| Malta |
5 |
| Netherlands |
27 |
| Austria |
18 |
| Poland |
54 |
| Portugal |
24 |
| Slovenia |
7 |
| Slovakia |
14 |
| Finland |
14 |
| Sweden |
19 |
| United Kingdom |
78 |
TITLE II
PROVISIONS CONCERNING THE EUROPEAN COUNCIL AND THE COUNCIL
Article 2
1. The provisions of Article I-25(1), (2) and (3) of the Constitution on the
definition of the qualified majority in the European Council and the Council
shall take effect on 1 November 2009, after the 2009 European Parliament elections
have taken place in accordance with Article I-20(2) of the Constitution.
2. The following provisions shall remain in force until 31 October 2009, without
prejudice to Article I-25(4) of the Constitution. For acts of the European
Council and of the Council requiring a qualified majority, members' votes
shall be weighted as follows:
| Belgium |
12 |
| Czech Republic |
12 |
| Denmark |
7 |
| Germany |
29 |
| Estonia |
4 |
| Greece |
12 |
| Spain |
27 |
| France |
29 |
| Ireland |
7 |
| Italy |
29 |
| Cyprus |
4 |
| Latvia |
4 |
| Lithuania |
7 |
| Luxembourg |
4 |
| Hungary |
12 |
| Malta |
3 |
| Netherlands |
13 |
| Austria |
10 |
| Poland |
27 |
| Portugal |
12 |
| Slovenia |
4 |
| Slovakia |
7 |
| Finland |
7 |
| Sweden |
10 |
| United Kingdom |
29 |
Acts shall be adopted if there are at least 232 votes in favour representing
a majority of the members where, under the Constitution, they must be adopted
on a proposal from the Commission. In other cases decisions shall be adopted
if there are at least 232 votes in favour representing at least two thirds
of the members. A member of the European Council or the Council may request
that, where an act is adopted by the European Council or the Council by a
qualified majority, a check is made to ensure that the Member States comprising
the qualified majority represent at least 62 % of the total population of
the Union. If that proves not to be the case, the act shall not be adopted.
3. For subsequent accessions, the threshold referred to in paragraph 2 shall
be calculated to ensure that the qualified majority threshold expressed in
votes does not exceed that resulting from the table in the Declaration on
the enlargement of the European Union in the Final Act of the Conference which
adopted the Treaty of Nice.
4. The provisions of the following Articles shall take effect on 1 November
2009:
Article I-44(3), third, fourth and fifth subparagraphs, of the Constitution,
Article I-59(5), second and third subparagraphs, of the Constitution,
Article I-60(4), second subparagraph, of the Constitution,
Article III-179(4), third and fourth subparagraphs, of the Constitution,
Article III-184(6), third and fourth subparagraphs, of the Constitution,
Article III-184(7), third and fourth subparagraphs, of the Constitution,
Article III-194(2), second and third subparagraphs, of the Constitution,
Article III-196(3), second and third subparagraphs, of the Constitution,
Article III-197(4), second and third subparagraphs, of the Constitution,
Article III-198(2), third subparagraph, of the Constitution,
Article III-312(3), third and fourth subparagraphs, of the Constitution,
Article III-312(4), third and fourth subparagraphs, of the Constitution,
Article 1, second, third and fourth paragraphs, and Article 3(1), second,
third and fourth subparagraphs, of the 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,
Article 1, second, third and fourth paragraphs and Article 5, third, fourth
and fifth paragraphs, of the Protocol on the position of Denmark. Until 31
October 2009, the qualified majority shall, in cases where not all the members
of the Council participate in voting, namely in the cases referred to in the
articles mentioned in the first subparagraph, be defined as the same proportion
of the weighted votes and the same proportion of the number of the Council
members and, if appropriate, the same percentage of the population of the
Member States concerned as laid down in paragraph 2.
Article 3
Until the entry into force of the European decision referred to in Article
I-24(4) of the Constitution, the Council may meet in the configurations laid
down in Article I-24(2) and (3) and in the other configurations on the list
established by a European decision of the General Affairs Council, acting
by a simple majority.
TITLE III
PROVISIONS CONCERNING THE COMMISSION, INCLUDING THE UNION MINISTER FOR FOREIGN
AFFAIRS
Article 4
The members of the Commission in office on the date of entry into force of
the Treaty establishing a Constitution for Europe shall remain in office until
the end of their term of office. However, on the day of the appointment of
the Union Minister for Foreign Affairs, the term of office of the member having
the same nationality as the Union Minister for Foreign Affairs shall end.
TITLE IV
PROVISIONS CONCERNING THE SECRETARY-GENERAL OF THE COUNCIL, HIGH REPRESENTATIVE
FOR THE COMMON FOREIGN AND SECURITY POLICY, AND THE DEPUTY SECRETARY-GENERAL
OF THE COUNCIL
Article 5
The terms of office of the Secretary-General of the Council, High Representative
for the common foreign and security policy, and the Deputy Secretary-General
of the Council shall end on the date of entry into force of the Treaty establishing
a Constitution for Europe. The Council shall appoint a Secretary-General in
conformity with Article III-344(2) of the Constitution.
TITLE V
PROVISIONS CONCERNING ADVISORY BODIES
Article 6
Until entry into force of the European decision referred to in Article III-386
of the Constitution, the allocation of members of the Committee of the Regions
shall be as follows:
| Belgium |
12 |
| Czech Republic |
12 |
| Denmark |
9 |
| Germany |
24 |
| Estonia |
7 |
| Greece |
12 |
| Spain |
21 |
| France |
24 |
| Ireland |
9 |
| Italy |
24 |
| Cyprus |
6 |
| Latvia |
7 |
| Lithuania |
9 |
| Luxembourg |
6 |
| Hungary |
12 |
| Malta |
5 |
| Netherlands |
12 |
| Austria |
12 |
| Poland |
27 |
| Portugal |
12 |
| Slovenia |
7 |
| Slovakia |
9 |
| Finland |
9 |
| Sweden |
12 |
| United Kingdom |
24 |
Article 7
Until entry into force of the European decision referred to in Article III-389
of the Constitution, the allocation of members of the Economic and Social
Committee shall be as follows:
| Belgium |
12 |
| Czech Republic |
12 |
| Denmark |
9 |
| Germany |
24 |
| Estonia |
7 |
| Greece |
12 |
| Spain |
21 |
| France |
24 |
| Ireland |
9 |
| Italy |
24 |
| Cyprus |
6 |
| Latvia |
7 |
| Lithuania |
9 |
| Luxembourg |
6 |
| Hungary |
12 |
| Malta |
5 |
| Netherlands |
12 |
| Austria |
12 |
| Poland |
27 |
| Portugal |
12 |
| Slovenia |
7 |
| Slovakia |
9 |
| Finland |
9 |
| Sweden |
12 |
| United Kingdom |
24 |
35. PROTOCOL ON THE FINANCIAL CONSEQUENCES OF THE EXPIRY OF THE TREATY ESTABLISHING
THE EUROPEAN COAL AND STEEL COMMUNITY AND ON THE RESEARCH FUND FOR COAL AND
STEEL
THE HIGH CONTRACTING PARTIES, RECALLING that all assets and liabilities of
the European Coal and Steel Community, as they existed on 23 July 2002, were
transferred to the European Community on 24 July 2002; TAKING ACCOUNT of the
desire to use these funds for research in sectors related to the coal and
steel industry and therefore the necessity to provide for certain special
rules in this regard, HAVE AGREED UPON the following provisions, which shall
be annexed to the Treaty establishing a Constitution for Europe:
Article 1
1. The net worth of the assets and liabilities of the European Coal and Steel
Community, as they appear in the balance sheet of the European Coal and Steel
Community of 23 July 2002, subject to any increase or decrease which may occur
as a result of the liquidation operations, shall be considered as Union assets
intended for research in sectors related to the coal and steel industry, referred
to as the 'European Coal and Steel Community in liquidation'. On completion
of the liquidation they shall be referred to as the 'Assets of the Research
Fund for Coal and Steel'.
2. The revenue from these assets, referred to as the 'Research Fund for Coal
and Steel', shall be used exclusively for research, outside the research framework
programme, in sectors related to the coal and steel industry in accordance
with this Protocol and with acts adopted under it.
Article 2
1. A European law of the Council shall lay down all the necessary provisions
for the implementation of this Protocol, including essential principles. The
Council shall act after obtaining the consent of the European Parliament.
2. The Council shall adopt, on a proposal from the Commission, the European
regulations or decisions establishing multiannual financial guidelines for
managing the assets of the Research Fund for Coal and Steel and technical
guidelines for the research programme of the Research Fund for Coal and Steel.
It shall act after consulting the European Parliament.
Article 3
Except as otherwise provided in this Protocol and in the acts adopted under
it, the provisions of the Constitution shall apply.
36. PROTOCOL AMENDING THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY
THE HIGH CONTRACTING PARTIES, RECALLING the necessity that the provisions
of the Treaty establishing the European Atomic Energy Community should continue
to have full legal effect; DESIRING to adapt that Treaty to the new rules
laid down by the Treaty establishing a Constitution for Europe, in particular
in the institutional and financial fields, HAVE AGREED UPON the following
provisions, which shall be annexed to the Treaty establishing a Constitution
for Europe and which amend the Treaty establishing the European Atomic Energy
Community as follows:
Article 1
This Protocol shall amend the Treaty establishing the European Atomic Energy
Community (hereinafter referred to as the 'EAEC Treaty') in its version in
force at the time of entry into force of the Treaty establishing a Constitution
for Europe. Notwithstanding the provisions of Article IV-437 of the Treaty
establishing a Constitution for Europe and without prejudice to the other
provisions of this Protocol, the legal effects of the amendments made to the
EAEC Treaty by the Treaties and Acts repealed pursuant to Article IV-437 of
the Treaty establishing a Constitution for Europe and the legal effects of
the acts in force adopted on the basis of the EAEC Treaty shall not be affected.
Article 2
The heading of Title III of the EAEC Treaty 'Institutional provisions' shall
be replaced by the heading: 'Institutional and financial provisions' .
Article 3
The following chapter shall be inserted at the beginning of Title III of the
EAEC Treaty:
'CHAPTER I
APPLICATION OF CERTAIN PROVISIONS OF THE TREATY ESTABLISHING A CONSTITUTION
FOR EUROPE
Article 106a
1. Articles I-19 to I-29, Articles I-31 to I-39, Articles I-49 and I-50, Articles
I-53 to I-56, Articles I-58 to I-60, Articles III-330 to III-372, Articles
III-374 and III-375, Articles III-378 to III-381, Articles III-384 and III-385,
Articles III-389 to III-392, Articles III-395 to III-410, Articles III-412
to III-415 and Articles III-427, III-433, IV-439 and IV-443 of the Treaty
establishing a Constitution for Europe shall apply to this Treaty.
2. Within the framework of this Treaty, the references to the Union and to
the Constitution in the provisions referred to in paragraph 1 and those in
the protocols annexed both to the Treaty establishing a Constitution for Europe
and to this Treaty shall be taken, respectively, as references to the European
Atomic Energy Community and to this Treaty. 3. The provisions of the Treaty
establishing a Constitution for Europe shall not derogate from the provisions
of this Treaty.'
Article 4
Chapters I, II and III of Title III of the EAEC Treaty shall be renumbered
II, III and IV.
Article 5
1. Article 3, Articles 107 to 132, Articles 136 to 143, Articles 146 to 156,
Articles 158 to 163, Articles 165 to 170, Articles 173 and 173A, Article 175,
Articles 177 to 179a, and Articles 180b, 181, 183, 183A, 190 and 204 of the
EAEC Treaty shall be repealed.
2. The Protocols previously annexed to the EAEC Treaty shall be repealed.
Article 6
The heading of Title IV of the EAEC Treaty 'Financial provisions' shall be
replaced by the heading: 'Specific financial provisions' .
Article 7
1. In the third paragraph of Article 38 and the third paragraph of Article
82 of the EAEC Treaty the references to Articles 141 and 142 shall be replaced
by references to Articles III-360 and III-361 respectively of the Constitution.
2. In Article 171(2) and Article 176(3) of the EAEC Treaty the references
to Article 183 shall be replaced by references to Article III-412 of the Constitution.
3. In Article 172(4) of the EAEC Treaty the reference to Article 177(5) shall
be replaced by a reference to Article III-404 of the Constitution.
4. In Articles 38, 82, 96 and 98 of the EAEC Treaty the term 'directive' shall
be replaced by the term 'European regulation' .
5. In the EAEC Treaty the term 'decision' shall be replaced by 'European decision'
save in Articles 18, 20 and 23 and the first paragraph of Article 53 and in
cases where a decision is taken by the Court of Justice of the European Union.
In the EAEC
Treaty the term 'Court of Justice' shall be replaced by 'Court of Justice
of the European Union' .
Article 8
Article 191 of the EAEC Treaty shall be replaced by the following:
'Article 191 The Community shall enjoy in the territories of the Member States
such privileges and immunities as are necessary for the performance of its
tasks, under the conditions laid down in the Protocol on the privileges and
immunities of the European Union.'
Article 9
Article 198 of the EAEC Treaty shall be replaced by the following:
'Article 198 Save as otherwise provided, the provisions of this Treaty shall
apply to the European territories of the Member States and to the non-European
territories under their jurisdiction. They shall also apply to the European
territories for whose external relations a Member State is responsible. The
provisions of this Treaty shall apply to the Űland Islands with the derogations
which were originally set out in the Treaty referred to in Article IV-437(2)(d)
of the Treaty establishing a Constitution for Europe and which have been incorporated
in the Protocol on the Treaties and Acts of Accession of the Kingdom of Denmark,
Ireland and the United Kingdom of Great Britain and Northern Ireland, of the
Hellenic Republic, of the Kingdom of Spain and the Portuguese Republic, and
of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.
Notwithstanding the first, second and third paragraphs:
(a) this Treaty shall not apply to the Faroe Islands or to Greenland;
(b) this Treaty shall not apply to the Sovereign Base Areas of the United
Kingdom of Great Britain and Northern Ireland in Cyprus;
(c) this Treaty shall not apply to the overseas countries and territories
having special relations with the United Kingdom of Great Britain and Northern
Ireland which are not mentioned in the list in Annex II to the Treaty establishing
a Constitution for Europe; (d) this Treaty shall apply to the Channel Islands
and the Isle of Man only to the extent necessary to ensure the implementation
of the arrangements for those islands originally set out in the Treaty referred
to in Article IV-437(2)(a) of the Treaty establishing a Constitution for Europe
and which have been incorporated in the Protocol on the Treaties and Acts
of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland, of the Hellenic Republic, of the Kingdom
of Spain and the Portuguese Republic, and of the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden.'
Article 10 Article 206 of the EAEC Treaty shall be replaced by the following:
'Article 206 The Community may conclude with one or more States or international
organisations agreements establishing an association involving reciprocal
rights and obligations, common action and special procedures. These agreements
shall be concluded by the Council, acting unanimously after consulting the
European Parliament. Where such agreements call for amendments to this Treaty,
these amendments shall first be adopted in accordance with the procedure laid
down in Article IV-443 of the Treaty establishing a Constitution for Europe.'
Article 11
In Article 225 of the EAEC Treaty, the second paragraph shall be replaced
by the following:
'The Czech, Danish, English, Estonian, Finnish, Greek, Hungarian, Irish, Latvian,
Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish
versions of the Treaty shall also be authentic.'
Article 12
The revenue and expenditure of the European Atomic Energy Community, except
for those of the Supply Agency and Joint Undertakings, shall be shown in the
budget of the Union.
