From: hellmond@phoenix.Princeton.EDU (Peter H. Hellmonds)
Newsgroups: soc.culture.europe
Subject: Maastricht Treaty Text complete (Part 9)
Summary: Part 9: Title 6 -- Cooperation in Justice and Home Affairs
Date: 22 Jul 92 01:41:33 GMT
Organization: Princeton University
Originator: news@ernie.Princeton.EDU


=== MAASTRICHT TREATY TEXT -- PART 9: TITLE 6 ===
    (COOPERATION IN JUSTICE AND HOME AFFAIRS)

TITLE VI
PROVISIONS ON COOPERATION IN THE FIELDS OF JUSTICE AND HOME AFFAIRS

ARTICLE K
Cooperation in the fields of justice and home affairs shall be governed by the 
following provisions.

ARTICLE K.1
For the purposes of achieving the objectives of the Union, in particular the 
free movement of persons, and without prejudice to the powers of the European 
Community, Member States shall regard the following areas as matters of common 
interest:
1. asylum policy;
2. rules governing the crossing by persons of the external borders of the 
Member States and the exercise of controls thereon;
3. immigration policy and policy regarding nationals of third countries;
 (a) conditions of entry and movement by nationals of third countries on the 
territory of Member States;
 (b) conditions of residence by nationals of third countries on the territory 
of Member States, including family reunion and access to employment;
 (c) combatting unauthorized immigration, residence and work by nationals of 
third countries on the territory of Member States;
4. combating drug addiction in so far as this is not covered by 7 to 9;
5. combating fraud on an international scale in so far as this is not covered 
by 7 to 9;
6. judicial cooperation in civil matters;
7. judicial cooperation in criminal matters;
8. customs cooperation;
9. police cooperation for the purposes of preventing and combating terrorism, 
unlawful drug trafficking and other serious forms of international crime, 
including if necessary certain aspects of customs cooperation, in connection 
with the organization of a Union-wide system for exchanging information within 
a European Police Office (Europol).

ARTICLE K.2
1. The matters referred to in Article K.1 shall be dealt with in compliance 
with the European Convention for the Protection of Human Rights and 
Fundamental Freedoms of 4 November 1950 and the Convention relating to the 
Status of Refugees of 28 July 1951 and having regard to the protection 
afforded by Member States to persons persecuted on political grounds.
2. 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 K.3
1. In the areas referred to in Article K.1, 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 may:
- on the initiative of any Member State of the Commission, in the areas 
referred to in Article K.1(1) to (6);
- on the initiative of any Member State, in the areas referred to Article 
K1(7) to (9):
 (a) adopt joint positions and promote, using the appropriate form and 
procedures, any cooperation contributing to the pursuit of the objectives of 
the Union;
 (b) adopt joint action in so far as the objectives of the Union can be 
attained better by joint action than by the Member States acting individually 
on account of the scale or effects of the action envisaged; it may decide that 
measures implementing joint action are to be adopted by a qualified majority;
 (c) without prejudice to Article 220 of the Treaty establishing the European 
Community, draw up conventions which it shall recommend to the Member States 
for adoption in accordance with their respective constitutional requirements.
Unless otherwise provided by such conventions, measures implementing them 
shall be adopted within the Council by a majority of two-thirds of the High 
Contracting Parties.
Such conventions may stipulate that the Court of Justice shall have 
jurisdiction to interpret their provisions and to rule on any disputes 
regarding their application, in accordance with such arrangements as they may 
lay down.

ARTICLE K.4
1. A Coordinating Committee shall be set up consisting of senior officials. In 
additions to its coordinating role, it shall be the task of the Committee to;
- give opinions for the attention of the Council, either at the Councils 
request or on its own initiative.
- contribute, without prejudice to Article 151 of the Treaty establishing the 
European Community, to the preparation of the Council's discussions in the 
areas referred to in Article K.1 and, in accordance with the conditions laid 
down in Article 100d of the Treaty establishing the European Community, in the 
areas referred to in Article 100c of that Treaty.
2. The Commission shall be fully associated with the work in the areas 
referred to in this Title.
3. The Council shall act unanimously, except on matters of procedure and in 
cases where Article K.3 expressly provides for other voting rules.
Where the Council is required to act by a qualified majority, the votes of its 
members shall be weighted as laid down in Article 148(2) of the Treaty 
establishing the European Community, and for their adoption, acts of the 
Council shall require at least fifty-four votes in favour, cast by at least 
eight members.

ARTICLE K.5
Within international organizations and at international conferences in which 
they take part, Member States shall defend the common positions adopted under 
the provisions of this Title.

ARTICLE K.6
The Presidency and the Commission shall regularly inform the European 
Parliament of discussions in the areas covered by this Title.
The Presidency shall consult the European Parliament on the principal aspects 
of activities in the areas referred to in this Title and shall ensure that the 
views of the European Parliament are duly taken into consideration.
The European Parliament may ask questions of the Council or make 
recommendations to it. Each year, it shall hold a debate on the progress made 
in implementation of the areas referred to in this Title.

ARTICLE K.7
The provisions of this Title shall not prevent the establishment or 
development of closer cooperation between two or more Member States in so far 
as such cooperation does not conflict with, or impede, that provided for in 
this Title.

ARTICLE K.8
1. The provisions referred to in Article 137,138,139 top 142, 146, 147, 150 to 
153, 157 to 163 and 217 of the Treaty establishing the European Community 
shall apply to the provisions relating to the areas referred to in this Title.
2. Administrative expenditure which the provisions relating to the areas 
referred to in this Title entail for the institutions shall be charged to the 
budget of European Communities.
The Council may also:
- either decide unanimously that operational expenditure to which the 
implementation of those provisions gives rise is to be charged to the budget 
of the European Communities; in that event, the budgetary procedure laid down 
in the treaty establishing the European Community shall be applicable;
- or determine that such expenditure shall be charged to the Member States, 
where appropriate in accordance with a scale to be decided.

ARTICLE K.9
The Council, acting unanimously on the initiative of the Commission or a 
Member State, may decide to apply Article 100c of the Treaty establishing the 
European Community to action in areas referred to in Article K.1(1) to (6), 
and at the same time determine the relevant voting conditions relating to it. 
It shall recommend the Member States to adopt that decision in accordance with 
their respective constitutional requirements.
-- 
Peter H. Hellmonds - Princeton University - Princeton, NJ, 08544, USA 
Tel (609) 683-4893 (home) - (609) 258-4804 (off) - Fax (609) 258-2809 
Internet: hellmond@phoenix.Princeton.EDU ------ BITNET: hellmond@PUCC 
"If you think education is expensive, try ignorance".   --  Derek Bok 
Newsgroups: soc.culture.europe