Amsterdam Treaty: Provisions on EU, EC, ECSC, and Euratom, Study Guides, Projects, Research of Anatomy

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10. 11. 97 | EN I Official Journal of the European Communities C^340 /^145

CONSOLIDATED VERSION

OF THE

TREATY ON EUROPEAN UNION

( 97 /C 340 / 02 )

C 340 / 146 | EN | Official Journal of the European Communities 10. 11. 97 CONTENTS Page I. Text of the Treaty Preamble TITLE I — Common provisions 152 TITLE II — Provisions amending the Treaty establishing the European Economic Community with a view to establishing the European Community 154 TITLE III — Provisions amending the Treaty establishing the European Coal and Steel Community 154 TITLE IV — Provisions amending the Treaty establishing the European Atomic Energy Community 155 TITLE V — Provisions on a common foreign and security policy 155 TITLE VI — Provisions on police and judicial cooperation in criminal matters 162 TITLE VII — Provisions on closer cooperation 169 TITLE VIII — Final provisions 170 II. PROTOCOLS (text not reproduced) Note : The references to Treaty articles, titles and sections contained in the protocols are adapted in accordance with the tables of equivalence set out in the Annex to the Treaty of Amsterdam. Protocol annexed to the Treaty on European Union : — Protocol (No 1 ) on Article 17 of the Treaty on European Union ( 1997 ) Protocols annexed to the Treaty on European Union and to the Treaty establishing the European Community : — Protocol ( No 2 ) integrating the Schengen acquis into the framework of the European Union ( 1997 ) — Protocol (No 3 ) on the application of certain aspects of Article 14 of the Treaty establishing the European Community to the United Kingdom and to Ireland ( 1997 ) — Protocol (No 4 ) on the position of the United Kingdom and Ireland ( 1997 ) — Protocol ( No 5 ) on the position of Denmark ( 1997 )

10. 11. 97 fEN Official Journal of the European Communities C^340 /^149 HIS MAJESTY THE KING OF THE BELGIANS, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE HELLENIC REPUBLIC, HIS MAJESTY THE KING OF SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF IRELAND, THE PRESIDENT OF THE ITALIAN REPUBLIC, HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS, THE PRESIDENT OF THE PORTUGUESE REPUBLIC, HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, RESOLVED to mark a new stage in the process of European integration undertaken with the estab lishment of the European Communities,

• RECALLING the historic importance of the ending of the division of the European continent and the need to create firm bases for the construction of the future Europe, CONFIRMING their attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law, CONFIRMING their attachment to fundamental social rights as defined in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, DESIRING to deepen the solidarity between their peoples while respecting their history, their culture and their traditions, DESIRING to enhance further the democratic and efficient functioning of the institutions so as to enable them better to carry out, within a single institutional framework, the tasks entrusted to them, RESOLVED to achieve the strengthening and the convergence of their economies and to establish an economic and monetary union including, in accordance with the provisions of this Treaty, a single and stable currency, DETERMINED to promote economic and social progress for their peoples, taking into account the principle of sustainable development and within the context of the accomplishment of the internal market and of reinforced cohesion and environmental protection, and to implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields , RESOLVED to establish a citizenship common to nationals of their countries, RESOLVED to implement a common foreign and security policy including the progressive framing of a common defence policy, which might lead to a common defence in accordance with the provisions of Article 17 , thereby reinforcing the European identity and its independence in order to promote peace, security and progress in Europe and in the world,

10. 11. 97 I EN Official Journal of the European Communities C^340 /^151 THE PRESIDENT OF IRELAND : Gerard COLLINS, Minister for Foreign Affairs, Bertie AHERN, Minister for Finance ; THE PRESIDENT OF THE ITALIAN REPUBLIC : Gianni DE MICHELIS, Minister for Foreign Affairs, Guido CARLI, Minister for the Treasury; HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG : Jacques F. POOS, Deputy Prime Minister, Minister for Foreign Affairs, Jean-Claude JUNCKER, Minister for Finance ; HER MAJESTY THE QUEEN OF THE NETHERLANDS : Hans VAN DEN BROEK, Minister for Foreign Affairs, Willem KOK, Minister for Finance ; THE PRESIDENT OF THE PORTUGUESE REPUBLIC : João de Deus PINHEIRO, Minister for Foreign Affairs, Jorge BRAGA DE MACEDO, Minister for Finance ; HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND : The Rt. Hon. Douglas HURD, Secretary of State for Foreign and Commonwealth Affairs, The Hon. Francis MAUDE, Financial Secretary to the Treasury ; WHO, having exchanged their full powers, found in good and due form, have agreed as follows.

C 340 / 152 I EN Official Journal of the European Communities 10.^11.^97 TITLE I COMMON PROVISIONS Article 1 ( ex Article A)

By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a

EUROPEAN UNION, hereinafter called 'the Union'.

This Treaty marks a new stage in the process of creating an ever closer union among the

peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen. The Union shall be founded on the European Communities , supplemented by the policies and forms of cooperation established by this Treaty. Its task shall be to organise, in a manner demonstrating consistency and solidarity, relations between the Member States and between their peoples. Article 2 ( ex Article B ) The Union shall set itself the following objectives :

— to promote economic and social progress and a high level of employment and to achieve

balanced and sustainable development, in particular through the creation of an area without internal frontiers, through the strengthening of economic and social cohesion and

through the establishment of economic and monetary union, ultimately including a single

currency in accordance with the provisions of this Treaty ;

— to assert its identity on the international scene, in particular through the implementation of a common foreign and security policy including the progressive framing of a common defence policy, which might lead to a common defence , in accordance with the provisions of Article 1 7 ;

— to strengthen the protection of the rights and interests of the nationals of its Member

States through the introduction of a citizenship of the Union ;

— to maintain and develop the Union as an area of freedom, security and justice , in which the free movement of persons is assured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime ; — to maintain in full the acquis communautaire and build on it with a view to considering to

what extent the policies and forms of cooperation introduced by this Treaty may need to

be revised with the aim of ensuring the effectiveness of the mechanisms and the institutions of the Community. The objectives of the Union shall be achieved as provided in this Treaty and in accordance with the conditions and the timetable set out therein while respecting the principle of subsi diarity as defined in Article 5 of the Treaty establishing the European Community.

C 340 / 154 1 EN Official Journal of the European Communities 10.^11.^97 Article 7 (ex Article F.l )

1. The Council, meeting in the composition of the Heads of State or Government and

acting by unanimity on a proposal by one third of the Member States or by the Commission

and after obtaining the assent of the European Parliament, may determine the existence of a

serious and persistent breach by a Member State of principles mentioned in Article 6(1 ), after

inviting the government of the Member State in question to submit its observations.

2. Where such a determination has been made, the Council, acting by a qualified majority,

may decide to suspend certain of the rights deriving from the application of this Treaty to the

Member State in question, including the voting rights of the representative of the government

of that Member State in the Council. In doing so, the Council shall take into account the

possible consequences of such a suspension on the rights and obligations of natural and legal

persons.

The obligations of the Member State in question under this Treaty shall in any case continue

to be binding on that State.

3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke

measures taken under paragraph 2 in response to changes in the situation which led to their being imposed.

4. For the purposes of this Article, the Council shall act without taking into account the

vote of the representative of the government of the Member State in question. Abstentions by

members present in person or represented shall not prevent the adoption of decisions referred

to in paragraph 1. A qualified majority shall be defined as the same proportion of the

weighted votes of the members of the Council concerned as laid down in Article 205(2 ) of the Treaty establishing the European Community.

This paragraph shall also apply in the event of voting rights being suspended pursuant to

paragraph 2.

5. For the purposes of this Article, the European Parliament shall act by a two-thirds

majority of the votes cast, representing a majority of its members.

TITLE II PROVISIONS AMENDING THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY WITH A VIEW TO ESTABLISHING THE EUROPEAN COMMUNITY Article 8 ( ex Article G) (not reproduced) TITLE III PROVISIONS AMENDING THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY Article 9 (ex Article H) ( not reproduced)

10. 11. 97 1 EN (^) Official Journal of the European Communities C^340 /^155 TITLE IV PROVISIONS AMENDING THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY Article 10 (ex Article I ) (not reproduced) TITLE V PROVISIONS ON A COMMON FOREIGN AND SECURITY POLICY Article 11 ( ex Article J.l )

1. The Union shall define and implement a common foreign and security policy covering all

areas of foreign and security policy, the objectives of which shall be :

— to safeguard the common values, fundamental interests, independence and integrity of the

Union in conformity with the principles of the United Nations Charter ;

— to strengthen the security of the Union in all ways ;

— to preserve peace and strengthen international security, in accordance with the principles

of the United Nations Charter, as well as the principles of the Helsinki Final Act and the objectives of the Paris Charter, including those on external borders ; — to promote international cooperation ;

— to develop and consolidate democracy and the rule of law, and respect for human rights

and fundamental freedoms.

2. The Member States shall support the Union's external and security policy actively and unreservedly in a spirit of loyalty and mutual solidarity.

The Member States shall work together to enhance and develop their mutual political soli

darity. They shall refrain from any action which is contrary to the interests of the Union or

likely to impair its effectiveness as a cohesive force in international relations. The Council shall ensure that these principles are complied with.

10. 11. (^97) I EN (^) Official Journal of the European Communities C 340 / 157
11. Joint actions shall commit the Member States in the positions they adopt and in the conduct of their activity.
12. The Council may request the Commission to submit to it any appropriate proposals relating to the common foreign and security policy to ensure the implementation of a joint action.
13. Whenever there is any plan to adopt a national position or take national action pursuant

to a joint action, information shall be provided in time to allow, if necessary, for prior consul

tations within the Council. The obligation to provide prior information shall not apply to

measures which are merely a national transposition of Council decisions.

6. In cases of imperative need arising from changes in the situation and failing a Council

decision, Member States may take the necessary measures as a matter of urgency having

regard to the general objectives of the joint action. The Member State concerned shall inform

the Council immediately of any such measures.

7. Should there be any major difficulties in implementing a joint action, a Member State

shall refer them to the Council which shall discuss them and seek appropriate solutions. Such

solutions shall not run counter to the objectives of the joint action or impair its effectiveness.

Article 15 (ex Article J. 5 )

The Council shall adopt common positions. Common positions shall define the approach of

the Union to a particular matter of a geographical or thematic nature. Member States shall

ensure that their national policies conform to the common positions. Article 16 (ex Article J.6 ) Member States shall inform and consult one another within the Council on any matter of

foreign and security policy of general interest in order to ensure that the Union's influence is

exerted as effectively as possible by means of concerted and convergent action.

Article 17 (ex Article J. 7 )

1. The common foreign and security policy shall include all questions relating to the security of the Union, including the progressive framing of a common defence policy, in accordance with the second subparagraph, which might lead to a common defence, should the European Council so decide. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements.

C 340 / 158 1 EN Official Journal of the European Communities 10.^11.^97 The Western European Union (WEU) is an integral part of the development of the Union providing the Union with access to an operational capability notably in the context of

paragraph 2. It supports the Union in framing the defence aspects of the common foreign and

security policy as set out in this Article. The Union shall accordingly foster closer institutional

relations with the WEU with a view to the possibility of the integration of the WEU into the

Union, should the European Council so decide. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitu tional requirements.

The policy of the Union in accordance with this Article 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 ( NATO), under the North Atlantic Treaty and be compatible

with the common security and defence policy established within that framework.

The progressive framing of a common defence policy will be supported , as Member States

consider appropriate, by cooperation between them in the field of armaments.

2. Questions referred to in this Article shall include humanitarian and rescue tasks, peace

keeping tasks and tasks of combat forces in crisis management, including peacemaking.

3. The Union will avail itself of the WEU to elaborate and implement decisions and actions of the Union which have defence implications.

The competence of the European Council to establish guidelines in accordance with Article 13

shall also obtain in respect of the WEU for those matters for which the Union avails itself of the WEU. When the Union avails itself of the WEU to elaborate and implement decisions of the Union on the tasks referred to in paragraph 2 all Member States of the Union shall be entitled to

participate fully in the tasks in question. The Council, in agreement with the institutions of the

WEU, shall adopt the necessary practical arrangements to allow all Member States

contributing to the tasks in question to participate fully and on an equal footing in planning

and decision-taking in the WEU. Decisions having defence implications dealt with under this paragraph shall be taken without

prejudice to the policies and obligations referred to in paragraph 1 , third subparagraph.

4. The provisions of this Article shall not prevent the development of closer cooperation between two or more Member States on a bilateral level, in the framework of the WEU and the Atlantic Alliance, provided such cooperation does not run counter to or impede that provided for in this Title.
5. With a view to furthering the objectives of this Article, the provisions of this Article will be reviewed in accordance with Article 48.

C 340 / 160 EN (^) Official Journal of the European Communities 10. 11. 97 Article 21 (ex Article J. 1 1 ) The Presidency shall consult the European Parliament on the main aspects and the basic choices of the common foreign and security policy and shall ensure that the views of the

European Parliament are duly taken into consideration. The European Parliament shall be

kept regularly informed by the Presidency and the Commission of the development of the

Union's foreign and security policy. The European Parliament may ask questions of the Council or make recommendations to it. It

shall hold an annual debate on progress in implementing the common foreign and security

policy. Article 22 ( ex Article J. 12 )

1. Any Member State or the Commission may refer to the Council any question relating to

the common foreign and security policy and may submit proposals to the Council.

2. In cases requiring a rapid decision, the Presidency, of its own motion, or at the request

of the Commission or a Member State, shall convene an extraordinary Council meeting within

forty-eight hours or, in an emergency, within a shorter period.

Article 23 (ex Article J. 13 )

1. Decisions under this Title shall be taken by the Council acting unanimously. Abstentions

by members present in person or represented shall not prevent the adoption of such decisions.

When abstaining in a vote, any member of the Council may qualify its abstention by making a

formal declaration under the present subparagraph. In that case, it shall not be obliged to

apply the decision, but shall accept that the decision commits the Union. In a spirit of mutual

solidarity, the Member State concerned shall refrain from any action likely to conflict with or

impede Union action based on that decision and the other Member States shall respect its

position. If the members of the Council qualifying their abstention in this way represent more

than one third of the votes weighted in accordance with Article 205(2 ) of the Treaty estab

lishing the European Community, the decision shall not be adopted.

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

majority : — when adopting joint actions, common positions or taking any other decision on the basis of a common strategy ; — when adopting any decision implementing a joint action or a common position. If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity.

10. 11. 97 I EN ] Official Journal of the European Communities C 340 / 161 The votes of the members of the Council shall be weighted in accordance with Article 205(2 ) of the Treaty establishing the European Community. For their adoption, decisions shall

require at least 62 votes in favour, cast by at least 10 members.

This paragraph shall not apply to decisions having military or defence implications.

3. For procedural questions, the Council shall act by a majority of its members. Article 24 ( ex Article J. 14 ) When it is necessary to conclude an agreement with one or more States or international

organisations in implementation of this Title, the Council, acting unanimously, may authorise

the Presidency, assisted by the Commission as appropriate, to open negotiations to that effect.

Such agreements shall be concluded by the Council acting unanimously on a recommendation

from the Presidency. No agreement shall be binding on a Member State whose representative

in the Council states that it has to comply with the requirements of its own constitutional

procedure ; the other members of the Council may agree that the agreement shall apply

provisionally to them.

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

Article 25 (ex Article J. 15 )

Without prejudice to Article 207 of the Treaty establishing the European Community, a

Political Committee shall monitor the international situation in the areas covered by the

common foreign and security policy and contribute to the definition of policies by delivering

opinions to the Council at the request of the Council or on its own initiative. It shall also

monitor the implementation of agreed policies, without prejudice to the responsibility of the

Presidency and the Commission. Article 26 (ex Article J. 16 )

The Secretary-General of the Council, High Representative for the common foreign and

security policy, shall assist the Council in matters coming within the scope of the common

foreign and security policy, in particular through contributing to the formulation, preparation

and implementation of policy decisions, and, when appropriate and acting on behalf of the

Council at the request of the Presidency, through conducting political dialogue with third parties. Article 27 (ex Article J. 17 )

The Commission shall be fully associated with the work carried out in the common foreign

and security policy field.

10. 11. 97 | EN 1 Official Journal of the European Communities C^340 /^163 — closer cooperation between judicial and other competent authorities of the Member States in accordance with the provisions of Articles 31(a) to (d) and 32 ;

— approximation, where necessary, of rules on criminal matters in the Member States , in

accordance with the provisions of Article 31(e). Article 30 ( ex Article K.2 )

1. Common action in the field of police cooperation shall include :

( a ) operational cooperation between the competent authorities, including the police, customs

and other specialised law enforcement services of the Member States in relation to the

prevention, detection and investigation of criminal offences ;

( b ) the collection, storage, processing, analysis and exchange of relevant information,

including information held by law enforcement services on reports on suspicious financial

transactions, in particular through Europol, subject to appropriate provisions on the

protection of personal data ;

( c ) cooperation and joint initiatives in training, the exchange of liaison officers, secondments, the use of equipment, and forensic research ; (d ) the common evaluation of particular investigative techniques in relation to the detection of serious forms of organised crime.

2. The Council shall promote cooperation through Europol and shall in particular, within a

period of five years after the date of entry into force of the Treaty of Amsterdam :

( a ) enable Europol to facilitate and support the preparation, and to encourage the coordi nation and carrying out, of specific investigative actions by the competent authorities of the Member States, including operational actions of joint teams comprising representatives of Europol in a support capacity ; (b ) adopt measures allowing Europol to ask the competent authorities of the Member States

to conduct and coordinate their investigations in specific cases and to develop specific

expertise which may be put at the disposal of Member States to assist them in investigating

cases of organised crime ;

(c ) promote liaison arrangements between prosecuting/investigating officials specialising in

the fight against organised crime in close cooperation with Europol ; ( d ) establish a research, documentation and statistical network on cross-border crime.

C 340 / 164 | EN Official Journal of the European Communities 10.^11.^97 Article 31 (ex Article K.3 ) Common action on judicial cooperation in criminal matters shall include : ( a) facilitating and accelerating cooperation between competent ministries and judicial or

equivalent authorities of the Member States in relation to proceedings and the

enforcement of decisions ; (b ) facilitating extradition between Member States ;

( c ) ensuring compatibility in rules applicable in the Member States , as may be necessary to

improve such cooperation ; ( d ) preventing conflicts of jurisdiction between Member States ; ( e ) progressively adopting measures establishing minimum rules relating to the constituent elements of criminal acts and to penalties in the fields of organised crime, terrorism and illicit drug trafficking. Article 32 (ex Article K.4 )

The Council shall lay down the conditions and limitations under which the competent auth

orities referred to in Articles 30 and 31 may operate in the territory of another Member State

in liaison and in agreement with the authorities of that State. Article 33 ( ex Article K.5 ) This Title shall not affect the exercise of the responsibilities incumbent upon Member States

with regard to the maintenance of law and order and the safeguarding of internal security.

Article 34 (ex Article K.6 )

1. In the areas referred to in this Title, Member States shall inform and consult one another

within the Council with a view to coordinating their action. To that end, they shall establish

collaboration between the relevant departments of their administrations.

2. The Council shall take measures and promote cooperation, using the appropriate form

and procedures as set out in this Title, contributing to the pursuit of the objectives of the

Union. To that end, acting unanimously on the initiative of any Member State or of the

Commission, the Council may :

( a ) adopt common positions defining the approach of the Union to a particular matter ;

(b ) adopt framework decisions for the purpose of approximation of the laws and regulations

of the Member States. Framework decisions shall be binding upon the Member States as to the result to be achieved but shall leave to the national authorities the choice of form and methods. They shall not entail direct effect ;