From: hellmond@phoenix.Princeton.EDU (Peter H. Hellmonds)
Subject: Maastricht Treaty Text complete (Part 4)
Summary: Part 4: Title 2(2)
Originator: news@ernie.Princeton.EDU
Organization: Princeton University
Date: Wed, 22 Jul 1992 01:23:33 GMT


=== MAASTRICHT TREATY TEXT -- PART 4: TITLE 2 (2)  ===
	(continuation of Title 2)

2. The Council, acting by a qualified majority, shall grant such mutual 
assistance; it shall adopt directives or decisions laying down the conditions 
and details of such assistance, which may take such forms as:
(a) a concerted approach to or within any other international organizations to 
which Member States may have recourse;
(b) measures needed to avoid deflection of trade where the State which is in 
difficulties maintains or reintroduces quantitative restrictions against third 
countries;
(c) the granting of limited credits by other Member States, subject to their 
agreement.
3. If the mutual assistance recommended by the Commission is not granted by 
the Council or if the mutual assistance granted and the measures taken are 
insufficient, the Commission shall authorize the State which is in 
difficulties to take protective measures, the conditions and details of which 
the Commission shall determine.
Such authorization may be revoked and such conditions and details may be 
changed by the Council acting by a qualified majority.
4. Subject to Article 109k(6), this Article shall cease to apply from the 
beginning of the third stage.
ARTICLE 109i
1. Where a sudden crisis in the balance of payments occurs and a decision 
within the meaning of Article 109h(2) is not immediately taken, the Member 
State concerned may, as a precaution, take the necessary protective measures. 
Such measures must cause the least possible disturbance in the functioning of 
the common market and must not be wider in scope than is strictly necessary to 
remedy the sudden difficulties which have arisen.
2. The Commission and the other Member State shall be informed of such 
protective measures not later than when they enter into force. The Commission 
may recommend to the Council the granting of mutual assistance under Article 
109h.
3. After the Commission has delivered an opinion and the Committee referred to 
in Article 109c has been consulted, the Council may, acting by a qualified 
majority, decide that the State concerned shall amend, suspend or abolish the 
protective measures referred to above.
4. Subject to Article 109k(6), this Article shall cease to apply from the 
beginning of the third stage.
ARTICLE 109j
1. The Commission and the EMI shall report to the Council on the progress made 
in the fulfilment by the Member States of their obligations regarding the 
achievement of economic and monetary union. These reports shall include an 
examination of the compatibility between each Member State's national 
legislation, including the statutes of its national central bank, and Articles 
107 and 108 of this Treaty and the Statute of the ESCB. The report shall also 
examine the achievement of a high degree of sustainable convergence by 
reference to the fulfilment by each Member State of the following criteria:
- the achievement of a high degree of price stability; this will be apparent 
from rate of inflation which is close to that of, at most, the three best 
performing Member States in terms of price stability;
- the sustainability of the government financial position; this will be 
apparent from having achieved a government budgetary position without a 
deficit that is excessive as determined in accordance with Article 104c(6);
- the observance of the normal fluctuation margins provided for by the 
Exchange Rate Mechanism of the European Monetary System, for at least two 
years, without devaluing against the currency of any other Member State;
- the durability of convergence achieved by the Member State and of its 
participation in the Exchange Rate Mechanism of the European Monetary System 
being reflected in the long-term interest rate levels.
The four criteria mentioned in this paragraph and the relevant periods over 
which they are to be respected are developed further in a Protocol annexed to 
this Treaty. The reports of the Commission and the EMI shall also take account 
of the development of the ECU, the results of the integration of markets, the 
situation and development of the balances of payments on current account and 
an examination of the development of unit labour costs and other price 
indices.
2. On the basis of these reports, the Council, acting by a qualified majority 
on a recommendation from the Commission, shall assess:
- for each Member State, whether it fulfils the necessary conditions for the 
adoption of a single currency;
- where a majority of the Member States fulfil the necessary conditions for 
the adoption of a single currency, 
and recommend its findings to the Council, meeting in the composition of the 
Heads of State or of Government. The European Parliament shall be consulted 
and forward its opinion to the Council, meeting in the composition of the 
Heads of State or of Government.
[[editors note: the above lines are as they appear in the original signed 
version of the Treaty: in the version published by the EC, ISBN 92-824-0959-7, 
the phrase used is "the Heads of State or Government".]] 
3. Taking due account of the reports referred to in paragraph 1 and the 
opinion of the European Parliament referred to in paragraph 2, the Council, 
meeting in the composition of Heads of State or of Government, shall acting by 
a qualified majority, not later than 31 December 1996:
- decide, on the basis of the recommendations of the Council referred to in 
paragraph 2, whether a majority of the Member States fulfil the necessary 
conditions for the adoption of a single currency;
- decide whether it is appropriate for the Community to enter the third stage,
and if so
- set the date for the beginning of the third stage.
4. If by the end of 1997 the date for the beginning of the third stage has not 
been set, the third stage shall start on 1 January 1999. Before 1 July 1998, 
the Council, meeting in the composition of heads of State or of Government, 
after a repetition of the procedure provided for in paragraphs 1 and 2, with 
the exception of the second indent of paragraph 2, taking into account the 
reports referred to in paragraph 1 and the opinion of the European parliament, 
shall, acting by a qualified majority and on the basis of the recommendations 
of the Council referred to in paragraph 2, confirm which member States fulfil 
the necessary conditions for the adoption of a single currency.
ARTICLE 109k
1. If the decision has been taken to set the date in accordance with Article 
109j(3), the Council shall, on the basis of its recommendation referred to in 
Article 109j(2), acting by a qualified majority on a recommendation from the 
Commission, decide whether any, and if so which, Member States shall have a 
derogation as defined in paragraph 3 of this Article. Such Member States shall 
in this Treaty be referred to as "Member States with a derogation".
If the Council has confirmed which Member States fulfil the necessary 
conditions for the adoption of a single currency, in accordance with Article 
109j(4), those Member States which do not fulfil the conditions shall have a 
derogation as defined in paragraph 3 of this Article. Such Member States shall 
in this Treaty be referred to as "Member States with a derogation".
If the Council has confirmed which Member States fulfil the necessary 
conditions for the adoption of a single currency, in accordance with Article 
109j(4), those Member States which do not fulfil the conditions shall have 
derogation as defined in paragraph 3 of this Article. Such Member States shall 
in this Treaty be referred to as "Member States with derogation".
2. At least once every two years, or at the request of a Member State with a 
derogation, the Commission and the ECB shall report to the Council in 
accordance with the procedure laid down in Article 109j(1). After consulting 
the European Parliament and after discussion in the Council, meeting in the 
composition of the Heads of State or of Government, the Council shall, acting 
by a qualified majority on a proposal from the Commission, decide which Member 
States with a derogation fulfil the necessary conditions on the basis of the 
criteria set out in Article 109j(1), and abrogate the derogations of the 
Member States concerned.
3. A derogation referred to in paragraph 1 shall entail that the following 
Articles do not apply to the Member State concerned: Articles 104c(9) and 
(11), 105(1),(2), (3) and (5), 105a, 108a, 109, 109a(2)(b). The exclusion of 
such a Member State and its national central bank from rights and obligations 
within the ESCB is laid down in Chapter IX of the Statute of the ESCB.
4. In Articles 105(1), (2) ,and (3), 105a, 108a, 109 and 109a(2)(b), "Member 
States" shall be read as "Member States without a derogation".
5. The voting rights of Member States with a derogation shall be suspended for 
the Council decisions referred to in the Articles of this Treaty mentioned in 
paragraph 3. In that case, by way of derogation from Articles 148 and 189a(1), 
a qualified majority shall be defined as two thirds of the votes of the 
representatives of the Member States without derogation weighted in accordance 
with Article 148(2), and unanimity of those Member States shall be required 
for an act requiring unanimity.
6. Articles 109h and 109i shall continue to apply to a Member State with a 
derogation.
ARTICLE 109l 
1. Immediately after the decision on the date for the beginning of the third 
stage has been taken in accordance with Article 109j(3), or, as the case may 
be, immediately after 1 July 1998:
- the Council shall adopt the provisions referred to in Article 106(6);
- the governments of the Member States without a derogation shall appoint, in 
accordance with the procedure set out in Article 50 of the Statute of the 
ESCB, the President, the Vice-President and the other members of the Executive 
Board of the ECB. If there are Member States with a derogation, the number of 
members of the Executive Board may be smaller than provided for in Article 
11.1 of the Statute of the ESCB, but in no circumstances shall it be less than 
four.
As soon as the Executive Board is appointed, the ESCB and the ECB shall be 
established and shall prepare for their full operation as described in this 
Treaty and the Statute of the ESCB. The full exercise of their powers shall 
start from the first day of the third stage.
2. As soon as the ECB is established, it shall, if necessary, take over tasks 
of the EMI. The EMI shall go into liquidation upon the establishment of the 
ECB; the modalities of liquidation are laid down in the Statute of the EMI.
3. If and as long as there are Member States with a derogation, and without 
prejudice to Article 106(3) of this Treaty, the general Council of the ECB 
referred to in Article 45 of the Statute of the ESCB shall be constituted as a 
third decision-making body of the ECB.
4. At the starting date of the third stage, the Council shall, acting with the 
unanimity of the Member States without derogation, on a proposal from the 
Commission and after consulting the ECB, adopt the conversion rates at which 
their currencies shall be irrevocably fixed and at which irrevocably fixed 
rate the ECU shall be substituted for these currencies, and the ECU will 
become a currency in its own right. This measure shall by itself not modify 
the external value of the ECU. The Council shall, acting according to the same 
procedure, also take the other measures necessary for the rapid introduction 
of the ECU as the single currency of those Member States.
5. If it is decided, according to the procedure set out in Article 109k(2), to 
abrogate a derogation, the Council shall, acting with the unanimity of the 
Member States without a derogation and the Member State concerned, on a 
proposal from the Commission and after consulting the ECB, adopt the rate at 
which the ECU shall be substituted for the currency of the Member State 
concerned, and take the other measures necessary for the introduction of the 
ECU as the single currency in the Member State concerned.
ARTICLE 109m
1. Until the beginning of the third stage, each Member State shall treat its 
exchange rate policy as a matter of common interest. In doing so, Member 
States shall take account of the experience acquired in cooperation within the 
framework of the European Monetary System (EMS) and in developing the ECU, and 
shall respect existing powers in this field.
2. From the beginning of the third stage and for as long as a member State has 
a derogation, paragraph 1 shall apply by analogy to the exchange rate policy 
of that Member State."

26) In Title II of Part Three, the title of Chapter 4 shall be replaced by the 
following:
"TITLE VII
Common Commercial Policy"

27) Article 111 shall be repealed.

28) Article shall be replaced with the following:
"ARTICLE 113 
1. The common commercial policy shall be based on uniform principles, 
particularly in regard to changes in tariff rates, the conclusion of tariff 
and trade agreements, the achievement of uniformity in measures of 
liberalization, export policy and measures to protect trade such as those to 
be taken in the event of dumping or subsidies.
2. The Commission shall submit proposals to the Council for implementing the 
common commercial policy.
3. Where agreements with one or more States or international organizations 
need to be negotiated, the Commission shall make recommendations to the 
Council, which shall authorize the Commission to open the necessary 
negotiations.
The Commission shall conduct these negotiations in consultation with a special 
committee appointed by the Council to assist the Commission in this task and 
within the framework of such directives as the Council may issue to it.
The relevant provision of Article 228 shall apply.
4. In exercising the powers conferred upon it by this Article, the Council 
shall act by a qualified majority."

29) Article 114 shall be repealed.

30) Article 115 shall be replaced by the following:
"ARTICLE 115
In order to ensure that the execution of measures of commercial policy taken 
in accordance with this Treaty by any Member State is not obstructed by 
deflection of trade, or where differences between such measures lead to 
economic difficulties in one or more Member States, the Commission shall 
recommend the methods for the requisite cooperation between Member States. 
Failing this, the Commission may authorise Member States to take the necessary 
protective measures, the conditions and details of which it shall determine.
In case of urgency,Member States shall request authorization to take the 
necessary measures themselves from the Commission, which shall take a decision 
as soon as possible; the Member States concerned shall then notify the 
measures to the other Member States. The Commission may decide at any time 
that the Member States concerned shall amend or abolish the measures in 
question.
In the selection of such measures, priority shall be given to those which 
cause the least disturbance to the functioning of the common market."

31) Article 116 shall be repealed.

32) In Part Three, the title of Title III shall be replaced by the following:
"TITLE VIII
Social Policy, Education,
Vocational Training and Youth"

33) The first subparagraph of Article 118a(2) shall be replaced by the 
following:
"2. In order to help achieve the objective laid down in the first paragraph, 
the Council, acting in accordance with the procedure referred to in Article 
189c and after consulting the Economic and Social Committee, shall adopt by 
means of directives, minimum requirements for gradual implementation, having 
regard to the conditions and technical rules obtaining in each of the Member 
States."

34) Article 123 shall be replaced by the following:
"ARTICLE 123
In order to improve employment opportunities for workers in the internal 
market and to contribute thereby to raising the standard of living, a European 
Social Fund is hereby established in accordance with the provisions set out 
below; it shall aim to render the employment of workers easier and to increase 
their geographical and occupational mobility within the Community, and to 
facilitate their adaptation to industrial changes and to changes in production 
systems, in particular through vocational training and retraining".

35) Article 125 shall be replaced by the following:
"ARTICLE 125
The Council, acting in accordance with the procedure referred to in Article 
189c and after consulting the Economic and Social Committee, shall adopt 
implementing decisions relating to the European Social Fund."

36) Articles 126,127 and 128 shall be replaced by the following:
"CHAPTER 3
EDUCATION, VOCATIONAL TRAINING AND YOUTH
ARTICLE 126
1. The Community shall contribute to the development of quality education by 
encouraging cooperation between Member States and, if necessary, by supporting 
and supplementing their action, while fully respecting the responsibility of 
the Member States for the content of teaching and the organization of 
education systems and their cultural and linguistic diversity.
2. Community action shall be aimed at:
- developing the European dimension in education, particularly through the 
teaching and dissemination of the languages of the Member States;
- encouraging mobility of students and teachers, inter alia by encouraging the 
academic recognition of diplomas and periods of study;
- promoting cooperation between educational establishments;
- developing exchanges of information and experience on issues common to the 
education systems of the Member States;
- encouraging the development of youth exchanges and of exchanges of socio-
educational instructors;
- encouraging the development of distance education.
3. The Community and the Member States shall foster co-operation with third 
countries and the competent international organizations in the field of 
education, in particular the Council of Europe
4. In order to contribute to the achievement of the objectives referred to in 
this Article, the Council:
- acting in accordance with the procedure referred to in Article 189b, after 
consulting the Economic and Social Committee and the Committee of the Regions, 
shall adopt incentive measures, excluding any harmonization of the laws and 
regulations of the Member States;
- acting by a qualified majority on a proposal from the Commission, shall 
adopt recommendations.
ARTICLE 127
1. The Community shall implement a vocational training policy which shall 
support and supplement the action of the Member States, while fully respecting 
the responsibility the responsibility of the Member States for the content and 
organization of vocational training. 
2. Community action shall aim to:
- facilitate adaptation to industrial changes, in particular through 
vocational training and retraining;
- improve initial and continuing vocational training in order to facilitate 
vocational integration and reintegration into the labour market;
- facilitate access to vocational training and encourage mobility of 
instructors and trainees and particularly young people;
- stimulate cooperation on training between educational or training 
establishments and firms;
- develop exchanges of information and experience on issues common to the 
training systems of the Member States.
3. The Community and the Member States shall foster cooperation with third 
countries and the competent international organizations in the sphere of 
vocational training.
4. The Council, acting in accordance with the procedure referred to in Article 
189c and after consulting the Economic and Social Committee, shall adopt 
measures to contribute to the achievement of the objectives referred to in 
this Article, excluding any harmonization of the laws and regulations of the 
Member States."

37) The following shall be inserted:
"TITLE IX
Culture
ARTICLE 128  
1. The Community shall contribute to the flowering of the cultures of the 
Member States, while respecting their national and regional diversity and at 
the same time bringing the common cultural heritage to the fore.
2. Action by the Community shall be aimed at encouraging cooperation between 
Member States and, if necessary, supporting and supplementing their action in 
the following areas:
- improvement of the knowledge and dissemination of the culture and history of 
the European peoples;
- conservation and safeguarding of cultural heritage of European significance;
- non-commercial cultural exchanges;
- artistic and literary creation, including in the audiovisual sector.
3. The Community and the Member States shall foster cooperation with third 
countries and the competent international organizations in the sphere of 
culture, in particular the Council of Europe.
4. The Community shall take cultural aspects into account in its action under 
other provisions of this Treaty.
5. In order to contribute to the achievement of the objectives referred to in 
this Article, the Council:
- acting in accordance with the procedure referred to in Article 189b and 
after consulting the Committee of the Regions, shall adopt incentive measures, 
excluding any harmonization of the laws and regulations of the Member States. 
The Council shall act unanimously throughout the procedures referred to in 
Article 189b;
- acting unanimously on a proposal from the Commission, shall adopt 
recommendations."

38) Titles IV, V, VI and VII shall be replaced by the following:
"TITLE X
Public Health
ARTICLE 129
1. The Community shall contribute towards ensuring a high level of human 
health protection by encouraging cooperation between the Member States and, if 
necessary, lending support to their action.
Community action shall be directed towards the prevention of diseases, in 
particular the major health scourges, including drug dependence, by promoting 
research into their causes and their transmission, as well as health 
information and education.
Health protection requirements shall form a constituent part of the 
Community's other policies.
2. Member States shall, in liaison with the Commission, coordinate among 
themselves their policies and programmes in the areas referred to in paragraph 
1. The Commission may, in close contact with the Member States, take any 
useful initiative to promote such coordination.
3. The Community and the Member States shall foster cooperation with third 
countries and the competent international organizations in the sphere of 
public health.
4. In order to contribute to the achievement of the objectives referred to in 
this Article, the Council:
- acting in accordance with the procedure referred to in Article 189b, after 
consulting the Economic and Social Committee and the Committee of the Regions, 
shall adopt incentive measures, excluding any harmonization of the laws and 
regulations of the Member States;
- acting by a qualified majority on a proposal from the Commission, shall 
adopt recommendations.
TITLE XI
Consumer protection
ARTICLE 129a
1. The Community shall contribute to the attainment of a high level of 
consumer protection through:
(a) measures adopted pursuant to Article 100a in the context of the completion 
of the internal market;
(b) specific action which supports and supplements the policy pursued by the 
Member States to protect the health, safety and economic interests of 
consumers and to provide adequate information to consumers.
2. The Council, acting in accordance with the procedure referred to in Article 
189b and after consulting the Economic and Social Committee, shall adopt the 
specific action referred to in paragraph 1(b).
3. Action adopted pursuant to paragraph 2 shall not prevent any Member State 
from maintaining or introducing more stringent protective measures. Such 
measures must be compatible with this Treaty. The Commission shall be notified 
of them.
TITLE XII
Trans-European networks
ARTICLE 129b
1. To help achieve the objectives referred to in Articles 7a and 130a and to 
enable citizens of the Union, economic operators and regional and local 
communities to derive the full benefit from the setting up of an area without 
internal frontiers, the Community shall contribute to the establishment and 
development of trans-European networks in the areas of transport, 
telecommunications and energy infrastructures.
2. Within the framework of a system of open and competitive markets, action by 
the Community shall aim at promoting the interconnection and inter-operability 
of national networks as well as access to such networks. It shall take account 
in particular of the need to link island, landlocked and peripheral regions 
with the central regions of the Community.
ARTICLE 129c
1. In order to achieve the objectives referred to in Article 129b, the 
Community:
- shall establish a series of guidelines covering the objectives, priorities 
and broad lines of measures envisaged in the sphere of trans-European 
networks; these guidelines shall identify projects of common interest;
- shall implement any measures that may prove necessary to ensure the inter-
operability of the networks, in particular in the field of technical 
standardization;
- may support the financial efforts made by the Member States for projects of 
common interest financed by Member States, which are identified in the 
framework of the guidelines referred to in the first indent, particularly 
through feasibility studies, loan guarantees or interest rate subsidies; the 
Community may also contribute, through the Cohesion Fund to be set up no later 
than 31 December 1993 pursuant to Article 130d, to the financing of specific 
projects in Member States in the area of transport infrastructure.
The Community's activities shall take into account the potential economic 
viability of the projects.
2. Member States shall, in liaison with the Commission, coordinate among 
themselves the policies pursued at national level which may have a significant 
impact on the achievement of the objectives referred to in Article 129b. The 
Commission may, in close cooperation with the Member States, take any useful 
initiative to promote such coordination.
3. The Community may decide to cooperate with third countries to promote 
projects of mutual interest and to ensure the inter-operability of networks.
ARTICLE 129d
The guidelines referred to in Article 129c(1) shall be adopted by the Council, 
acting in accordance with the procedure referred to in Article 189b and after 
consulting the Economic and Social Committee and the Committee of the Regions.
Guidelines and projects of common interest which relate to the territory of a 
Member State shall require the approval of the Member State concerned.
The Council, acting in accordance with the procedure referred to in Article 
189c and after consulting the Economic and Social Committee and the Committee 
of the Regions, shall adopt the other measures provided for in Article 
129c(1).
TITLE XIII
Industry
ARTICLE 130
1. The Community and the Member States shall ensure that the conditions 
necessary for the competitiveness of the Community's industry exist.
For that purpose, in accordance with a system of open and competitive markets, 
their action shall be aimed at:
- speeding up the adjustment of industry to structural changes;
- encouraging an environment favourable to initiative and to the development 
of undertakings throughout the Community, particularly small and medium-sized 
undertakings;
- encouraging an environment favourable to cooperation between undertakings;
- fostering better exploitation of the industrial potential of policies of 
innovation, research and technological development.
2. The Member States shall consult each other in liaison with the Commission 
and, where necessary, shall coordinate their action. The Commission may 
undertake any useful initiative to promote such coordination.
3. The Community shall contribute to the achievement of the objectives set out 
in paragraph 1 through the policies and activities it pursues under other 
provisions of this Treaty. The Council, acting unanimously on a proposal from 
the Commission, after consulting the European Parliament and the Economic and 
Social Committee, may decide on specific measures in support of action taken 
in the Member States to achieve the objectives set out in paragraph 1.
This Title shall not provide a basis for the introduction by the Community of 
any measure which could lead to a distortion of competition.
TITLE XIV
Economic and social cohesion
ARTICLE 130a
In order to promote its overall harmonious development, the Community shall 
develop and pursue its actions in leading to the strengthening of its economic 
and social cohesion.
In particular, the Community shall aim at reducing the disparities between the 
levels of development of the various regions and the backwardness of the 
least-favoured regions, including rural areas.
ARTICLE 130b
Member States shall conduct their economic policies and shall coordinate them 
is such a way as, in addition, to attain the objectives set out in Article 
130a. The formulation and implementation of the Community's policies and 
actions and the implementation of the internal market shall take into account 
the objectives set out in Article 130a and shall contribute to their 
achievement. The Community shall also support the achievement of these 
objectives by the action it takes through the Structural Funds (European 
Agricultural Guidance and Guarantee Fund, Guidance Section; European Social 
Fund; European Regional Development Fund), the European Investment Bank and 
other existing financial instruments.
The Commission shall submit a report to the European Parliament, the Council, 
the Economic and Social Committee and the Committee of the Regions every three 
years on the progress made towards achieving economic and social cohesion and 
on the manner in which the various means provided for in this Article have 
contributed to it. This report shall, if necessary, be accompanied by 
appropriate proposals.
If specific actions prove necessary outside the Funds and without prejudice to 
the measures decided upon within the framework of the other Community 
policies, such actions may be adopted by the Council acting unanimously on a 
proposal from the Commission and after consulting the European Parliament, the 
Economic and Social Committee and the Committee of the Regions.
ARTICLE 130c
The European Regional Development Fund is intended to help redress the main 
regional imbalances in the Community through participation in the development 
and structural adjustments of regions whose development is lagging behind and 
in the conversion of declining industrial regions.
ARTICLE 130d
Without prejudice to Article 130e, the Council, acting unanimously on a 
proposal from the Commission and after obtaining the assent of the European 
Parliament and consulting the Economic and Social Committee and the Committee 
of the Regions, shall define the tasks, priority objectives and the 
organization of the Structural Funds, which may involve grouping the Funds. 
The Council, acting by the same procedure, shall also define the general rules 
applicable to them and the provisions necessary to ensure their effectiveness 
and the coordination of the Funds with one another and with the other existing 
financial instruments.
The Council, acting in accordance with the same procedure, shall before 31 
December 1993 set up a Cohesion Fund to provide a financial contribution to 
projects in the fields of environment and trans-European networks in the area 
of transport infrastructure.
ARTICLE 130e
Implementing decisions relating to the European Regional Development Fund 
shall be taken by the Council, acting in accordance with the procedure 
referred to in Article 189c and after consulting the Economic and Social 
Committee and the Committee of the Regions.
With regard to the European Agricultural Guidance and Guarantee Fund -  
Guidance Section, and the European Social Fund, articles 43 and 125 
respectively shall continue to apply.
TITLE XV
Research and technological development
ARTICLE 130f
1. The Community shall have the objective of strengthening the scientific and 
technological bases of Community industry and encouraging it to become more 
competitive at international level, while promoting all the research 
activities deemed necessary by virtue of other chapters of this Treaty.
2. For this purpose the Community shall, throughout the Community, encourage 
undertakings, research centres and universities in their research and 
technological development activities of high quality; it shall support their 
efforts to cooperate with one another, aiming, notably, at enabling 
undertakings to exploit the internal market potential to the full, in 
particular through the opening up of national public contracts, the definition 
of common standards and the removal of legal and fiscal obstacles to that 
cooperation.
3. All community activities under this Treaty in the area of research and 
technological development, including demonstration projects, shall be decided 
on and implemented in accordance with the provisions of this Title.
ARTICLE 130g
In pursuing these objectives, the Community shall carry out the following 
activities, complementing the objectives complementing the activities carried 
out in the Member States:
(a) implementation of research, technological development and demonstration 
programmes, by promoting cooperation with and between undertakings, research 
centres and universities;
(b) promotion of cooperation in the field of Community research, technological 
development and demonstration with third countries and international 
organizations;
(c) dissemination and optimization of the results of activities in Community 
research, technological development and demonstration;
(d) stimulation of the training and mobility of researchers in the Community.
ARTICLE 130h
1. The Community and the Member States shall coordinate their research and 
technological development activities so as to ensure that national policies 
and Community policy are mutually consistent.
2. In close cooperation with the Member States, the Commission may take any 
useful initiative to promote the coordination referred to in paragraph 1.
ARTICLE 130i
1. A multiannual framework programme, setting out all activities of the 
Community, shall be adopted by the Council, acting in accordance with the 
procedure referred to in Article 189b after consulting the Economic and Social 
Committee. The Council shall act unanimously throughout the procedures 
referred to in Article 189b.
The framework programme shall:
- establish the scientific and technological objectives to be achieved by the 
activities provided for in Article 130g and fix the relevant priorities;
- indicate the broad lines of such activities;
- fix the maximum overall amount and the detailed rules for Community 
financial participation in the framework programme and the respective shares 
in each of the activities provided for.
2. The framework programme shall be adapted or supplementedas the situation 
changes.
3. The framework programme shall be implemented through specific programmes 
developed within each activity. Each specific programme shall define the 
detailed rules for implementing it, fix its duration and provide for the means 
deemed necessary. The sum of the amounts deemed necessary, fixed in the 
specific programmes, may not exceed the overall maximum amount fixed for the 
framework programme and each activity.
4. The Council, acting by a qualified majority on a proposal from the 
Commission and after consulting the European Parliament and the Economic and 
Social Committee, shall adopt the specific programmes.
ARTICLE 130j
For the implementation of the multiannual framework programme the Council 
shall:
- determine the rules for the participation of undertakings, research centres 
and universities;
- lay down the rules governing the dissemination of research results.
ARTICLE 130k
In implementing the multiannual framework programmes, supplementary programmes 
may be decided on involving the participation of certain Member States only, 
which shall finance them subject to possible Community participation.
The Council shall adopt the rules applicable to supplementary programmes, 
particularly as regards the dissemination of knowledge and access by other 
Member States.
ARTICLE 130l
In implementing the multiannual framework programme the Community may make 
provision, in agreement with the Member States concerned, for participation in 
research and development programmes undertaken by several Member States, 
including participation in the structures created for the execution of those 
programmes.
ARTICLE 130m
In implementing the multiannual framework programme the Community may make 
provision for cooperation in Community research, technological development and 
demonstration with third countries or international organizations.
The detailed arrangements for such cooperation may be the subject of 
agreements between the Community and the third parties concerned, which shall 
be negotiated and concluded in accordance with Article 228.
ARTICLE 130n
The Community may set up joint undertakings or any other structure necessary 
for the efficient execution of Community research, technological development 
and demonstration programmes.
ARTICLE 130o
The Council, acting unanimously on a proposal from the Commission and after 
consulting the European Parliament and the Economic and Social Committee, 
shall adopt the provisions referred to in Article 130n.
The Council, acting in accordance with the procedure referred to in Article 
189c and after consulting the Economic and Social Committee, shall adopt the 
provisions referred to in Articles 130j to l. Adoption of the supplementary 
programmes shall require the agreement of the Member States concerned.
ARTICLE 130p
At the beginning of each year the Commission shall send a report to the 
European Parliament and the Council. The report shall include information on 
research and technological development activities and the dissemination of 
results during the previous year, and the work programme for the current year.
TITLE XVI
Environment
ARTICLE 130r
1. Community policy on the environment shall contribute to pursuit of the 
following objectives:
- preserving, protecting and improving the quality of the environment;
- protecting human health;
- prudent and rational utilization of natural resources;
- promoting measures at international level to deal with regional or worldwide 
environmental problems.
2. Community policy on the environment shall aim at a high level of protection 
taking into account the diversity of situations in the various regions of the 
Community. It shall be based on the precautionary principle and on the 
principles that preventative action should be taken, that environmental damage 
should as a priority be rectified at source and that the polluter should pay. 
Environmental protection requirements must be integrated into the definition 
and implementation of other Community policies.
In this context, harmonization measures answering these requirements shall 
include, where appropriate, a safeguard clause allowing Member States to take 
provisional measures, for non-economic environmental reasons, subject to a 
Community inspection procedure.
3. In preparing its policy on the environment, the Community shall take 
account of:
- available scientific and technical data;
- environmental conditions in the various regions of the Community;
- the potential benefits and costs of action or lack of action;
- the economic and social development of the Community as a whole and the 
balanced development of its region.
4. Within their respective spheres of competence, the Community and the Member 
States shall cooperate with third countries and with the competent 
international organizations. The arrangements for Community cooperation may be 
the subject of agreements between the Community and the third parties 
concerned, which shall be negotiated and concluded in accordance with Article 
228.
The previous subparagraph shall be without prejudice to Member States' 
competence to negotiate in international bodies and to conclude international 
agreements.
ARTICLE 130s
1. The Council, acting in accordance with the procedure referred to in Article 
189c and after consulting the Economic and Social Committee, shall decide what 
action is to be taken by the Community in order to achieve the objective 
referred to in Article 130r.
2. By way of derogation from the decision-making procedure provided for in 
paragraph 1 and without prejudice to Article 100a, the Council, acting 
unanimously on a proposal from the Commission and after consulting the 
European Parliament and the Economic and Social Committee, shall adopt:
- provisions primarily of a fiscal nature;
- measures concerning town and country planning, land use with the exception 
of waste management and measures of a general nature, and management of water 
resources;
- measures significantly affecting a Member State's choice between different 
energy sources and the general structure of its energy supply.
The Council may, under the conditions laid down in the preceding 
subparagraph,define those matters referred to in this paragraph on which 
decisions are to be taken by a qualified majority.
3. In other areas, general action programmes setting out priority objectives 
to be attained shall be adopted by the Council, acting in accordance with the 
procedure referred to in Article 189b and after consulting the Economic and 
Social Committee.
The Council, acting under the terms of paragraph 1 or paragraph 2 according to 
the case, shall adopt the measures necessary for the implementation of these 
programmes.
4. Without prejudice to certain measures of a Community nature, the Member 
States shall finance and implement the environment policy.
5. Without prejudice to the principle that the polluter should pay, if a 
measure based on the provisions of paragraph 1 involves costs deemed 
disproportionate for the public authorities of a Member State, the Council 
shall, in the act adopting that measure, lay down appropriate provisions in 
the form of:
- temporary derogations and/or
- financial support from the Cohesion Fund to be set up no later than 31 
December 1993 pursuant to Article 130d.
ARTICLE 130t
The protective measures adopted pursuant to Article 130s shall not prevent any 
Member State from maintaining or introducing more stringent protective 
measures. Such measures must be compatible with this Treaty. They shall be 
notified to the Commission.
TITLE XVII
Development cooperation
ARTICLE 130u
1. Community policy in the sphere of development cooperation, which shall be 
complementary to the policies pursued by the Member States, shall foster:
- the sustainable economic and social development of the developing countries, 
and more particularly the most disadvantaged among them;
- the smooth and gradual integration of the developing countries into the 
world economy;
- the campaign against poverty in the developing countries.
2. Community policy in this area shall contribute to the general objective of 
developing and consolidating democracy and the rule of law, and to that of 
respecting human rights and fundamental freedoms.
3. The Community and the Member State shall comply with the commitments and 
take account of the objectives they have approved in the context of the United 
Nations and other competent international organizations.
ARTICLE 130v
The Community shall take account of the objectives referred to in Article 130u 
in the policies that it implements which are likely to affect developing 
countries.
ARTICLE 130w
1.. Without prejudice to the other provisions in this Treaty the Council, 
acting in accordance with the procedure referred to in Article 189c, shall 
adopt the measures necessary to further the objectives referred to in Article 
130u. Such measures may take the form of multiannual programmes.
2. The European Investment Bank shall contribute, under the terms laid down in 
its Statute, to the implementation of the measures referred to in paragraph 1.
3. The provisions of this Article shall not affect cooperation with the 
African, Caribbean and Pacific countries in the framework of the ACP-EEC 
Convention.
ARTICLE 130x
1. The Community and the Member States shall coordinate their policies on 
development cooperation and shall consult each other on their aid programmes, 
including in international organizations and during international conferences. 
They may undertake joint action. Member States shall contribute if necessary 
to the implementation of Community aid programmes.
2. The Commission may take any useful initiative to promote the coordination 
referred to in paragraph 1.
ARTICLE 130y
Within their respective spheres of competence, the Community and the Member 
States shall cooperate with third countries and with the competent 
international organizations. The arrangements for Community cooperation may be 
the subject of arrangements between the Community and the third parties 
concerned, which shall be negotiated and concluded in accordance with Article 
228.
The previous paragraph shall be without prejudice to Members States' 
competence to negotiate in international bodies and to conclude international 
agreements."
E. In Part Five "Institutions of the Community"

39) Article 137 shall be replaced by the following:
"ARTICLE 137 
The European Parliament, which shall consist of representatives of the peoples 
of the States brought together in the Community, shall exercise the powers 
conferred upon it by this Treaty."

40) Paragraph 3 of Article 138 shall be replaced by the following:
"3. The European Parliament shall draw up proposals for elections by direct 
universal suffrage in accordance in accordance with a uniform procedure in all 
Member States.
The Council shall, acting unanimously after obtaining the assent of the 
European Parliament, which shall act by a majority of its component members, 
lay down the appropriate provision, which it shall recommend to Member States 
for adoption in accordance with their respective constitutional requirements."

41) The following Article shall be inserted:
"ARTICLE 138a
Political parties at European level are important as a factor for integration 
within the Union. They contribute to forming a European awareness and to 
expressing the political will of the citizens of the Union.
ARTICLE 138b
In so far as provided in this Treaty, the European Parliament shall 
participate in the process leading up to the adoption of Community acts by 
exercising its powers under the procedures laid down in Articles 189b and 189c 
and by giving its assent or delivering advisory opinions.
The European Parliament may, acting by a majority of its members, request the 
Commission to submit any appropriate proposal on matters on which it considers 
that a Community act is required for the purpose of implementing this Treaty.
ARTICLE 138c
In the course of its duties, the European Parliament may, at the request of a 
quarter of its members, set up a temporary Committee of Inquiry to 
investigate, without prejudice to the powers conferred by this Treaty on other 
institutions or bodies, alleged contraventions or maladministration in the 
implementation of Community law, except where the alleged facts are being 
examined before a court and while the case is still subject to legal 
proceedings.
The temporary Committee of Inquiry shall cease to exist on the submission of 
its report.
The detailed provisions governing the exercise of the right of inquiry shall 
be determined by common accord of the European Parliament, the Council and the 
Commission.
ARTICLE 138d
Any citizen of the Union, and any natural or legal person residing or having 
his registered office in a Member State, shall have the right to address, 
individually or in association with other citizens or persons, a petition to 
the European Parliament on a matter which comes within the Community's fields 
of activity and which affects him, her or it directly.
[[editor's note: in the EEC publication of the Treaty ISBN 92-824-0959-7 the 
above phrase has been replaced by "was affects him directly".]]
ARTICLE 138e
1. The European Parliament shall appoint an Ombudsman empowered to receive 
complaints from any citizen of the Union or any natural or legal person 
residing its or having his registered office in a Member State concerning 
instances of maladministration in the activities of the Community institutions 
or bodies, with the exception of the Court of Justice and the Court of First 
Instance acting in their judicial role.
In accordance with his duties, the Ombudsman shall conduct inquiries for which 
he finds grounds, either on his own initiative or on the basis of complaints 
submitted to him direct or through a member of the European Parliament, except 
where the alleged facts are or have been the subject of legal proceedings. 
Where the Ombudsman establishes an instance of maladministration, he shall 
refer the matter to the institution concerned, which shall have a period of 
three months in which to inform him of its views. The Ombudsman shall then 
forward a report to the European Parliament and the institution concerned. The 
person lodging the complaint shall be informed of the outcome of such 
inquiries.
The Ombudsman shall submit an annual report to the European Parliament on the 
outcome of his inquiries.
2. The Ombudsman shall be appointed after each election of the European 
Parliament for the duration of its term of office. The Ombudsman shall be 
eligible for reappointment.
The Ombudsman may be dismissed by the Court of Justice at the request at the 
request of the European Parliament if he no longer fulfils the conditions 
required for the performance of this duties or if he is guilty of serious 
misconduct.
3. The Ombudsman shall be completely independent in the performance of his 
duties. In the performance of those duties he shall seek nor take instructions 
from any body. The Ombudsman may not, during his term of office, engage in any 
other occupation, whether gainful or not.
4. The European Parliament shall, after seeking an opinion from the Commission 
and with the approval of the Council acting by a qualified majority, lay down 
the regulations and general conditions governing the Ombudsman's duties."

42) The second subparagraph of Article 144 shall be supplemented by the 
following sentence:
"In this case, the term of office of the members of the Commission appointed 
to replace them shall expire on the date which the term of office of the 
members of the Commission obliged to resign as a body would have expired."

43) The following Article shall be inserted:
"ARTICLE 146
The Council shall consist of a representative of each Member State at 
ministerial level, authorized to commit the government of that Member State.
The office of President shall be held in turn by each Member State in the 
Council for a term of six months, in the following order of Member States:
- for a first cycle of six years: Belgium, Denmark, Germany, Greece, Spain, 
France, Ireland, Italy, Luxembourg, Netherlands, Portugal, United Kingdom;
- for the following cycle of six years: Denmark, Belgium, Greece, Germany, 
France, Spain, Italy, Ireland, Netherlands, Luxembourg, United Kingdom, 
Portugal.

44) The following Article shall be inserted:
"ARTICLE 147
The Council shall meet when convened by its President on his initiative or at 
the request of one of its members or of the Commission."

45) Article 149 shall be repealed.

46) The following Article shall be inserted:
"ARTICLE 151
1. A committee consisting of the Permanent Representatives of the Member 
States shall be responsible for preparing the work of the Council and for 
carrying out the tasks assigned to it by the Council.
2. The Council shall be assisted by a General Secretariat, under the direction 
of a Secretary-General. The Secretary-General shall be appointed by the 
Council acting unanimously.
The Council shall decide on the organization of the General Secretariat.
3. The Council shall adopt its rules of procedure."

47) The following Article shall be inserted:
"ARTICLE 154
The Council shall, acting by a qualified majority, determine the salaries, 
allowances and pensions of the President and members of the Commission, and of 
the president, Judges, Advocates-General and Registrar of the Court of 
Justice. It shall also, again by a qualified majority, determine any payment 
to be made instead of remuneration."

48) The following Articles shall be inserted:
"ARTICLE 156 
The Commission shall publish annually, not later than one month before the 
opening of the session of the European Parliament, a general report on the 
activities of the Community.
ARTICLE 157
1. The Commission shall consist of seventeen members, who shall be chosen on 
the grounds of their general competence and whose independence is beyond 
doubt.
The number of members of the Commission may be altered by the Council, acting 
unanimously. 
Only nationals of Member States may be members of the Commission.
The Commission must include at least one national of each of the Member 
States, but may not include more than two members having the nationality of 
the same State.
2. The members of the Commission shall, in the general interest of the 
Community, be completely independent in the performance of their duties.
In the performance of these duties, they shall neither seek nor take 
instructions from any government or from any other body. They shall refrain 
from any action incompatible with their duties. Each Member State undertakes 
to respect this principle and not to seek to influence the members of the 
Commission in the performance of their tasks.
The members of the Commission may not, during their term of office, engage in 
any other occupation, whether gainful or not. When entering upon their duties 
they shall give a solemn undertaking that, both during and after their term of 
office, they will respect the obligations arising therefrom and in particular 
their duty to behave with integrity and discretion as regards the acceptance, 
after they have ceased to hold office, of certain appointments or benefits. In 
the events of any breach of these obligations, the Court of Justice may, on 
application by the Council or the Commission, rule that the member concerned 
be, according to the circumstances, either compulsorily retired in accordance 
with Article 160 or deprived of his rights to a pension or benefits in its 
stead.
ARTICLE 158
1. The members of the Commission shall be appointed, in accordance with the 
procedure referred to in paragraph 2, for a period of five years, subject, if 
need be, to Article 144.
Their term of office shall be renewable.
2. The governments of the Member States shall nominate by common accord, after 
consulting the European Parliament, the person they intend to appoint as 
President of the Commission. 
The governments of the Member States shall, in consultation with the nominee 
for President, nominate the other persons whom they intend to appoint as 
members of the Commission.
The President and the other members of the Commission thus nominated shall be 
subject as a body to a vote of approval by the European Parliament. After 
approval by the European parliament, the President and the other members of 
the Commission shall be appointed by common accord of the governments of the 
Member States.
3. Paragraphs 1 and 2 shall be applied for the first time to the President and 
the other members of the Commission whose term of office begins on 7 January 
1995.
The president and the other members of the Commission whose term of office 
begins on 7 January 1993 shall be appointed by common accord of the 
governments of the Member States. Their term of office shall expire on 6 
January 1995.
ARTICLE 159
Apart from normal replacement, or death, the duties of a member of the 
Commission shall end when he resigns or is compulsorily retired.
The vacancy thus caused shall be filled for the remainder of the member's term 
of office by a new member appointed by common accord of the governments of the 
Member States. The Council may, acting unanimously, decide that such a vacancy 
need not be filled.
In the event of resignation, compulsory retirement or death, the President 
shall be replaced for the remainder of his term of office. The procedure laid 
down in Article 158(2) shall be applicable for the replacement of the 
President.
Save in the case of compulsory retirement under Article 160, members of the 
Commission shall remain in office until they have been replaced.
ARTICLE 160
If any member of the Commission no longer fulfills the conditions required for 
the performance of his duties or if he has been guilty of serious misconduct, 
the Court of Justice may, on application by the Council or the Commission, 
compulsorily retire him.
ARTICLE 161
The Commission may appoint a Vice-President or two Vice-Presidents from among 
its members.
ARTICLE 162
1. The Council and the Commission shall consult each other and shall settle by 
common accord their methods of cooperation.
2. The Commission shall adopt its rules of procedure so as to ensure that both 
it and its departments operate in accordance with the provisions of this 
Treaty. It shall ensure that these rules are published.
ARTICLE 163
The Commission shall act by a majority of the number of members provided for 
in Article 157.
A meeting of the Commission shall be valid only if the number of members laid 
down in its rules of procedure is present."

49) Article 165 shall be replaced by the following:
"ARTICLE 165
The Court of Justice shall consist of thirteen judges.
The Court of Justice shall sit in plenary session. It may, however, form 
chambers each consisting of three of five judges, either to undertake certain 
preparatory inquiries or to adjudicate on particular categories of cases in 
accordance with rules laid down for these purposes.
The Court of Justice shall sit in plenary session when a Member State or a 
Community institution that is a party to the proceedings so requests.
Should the Court of Justice so request, the Council may, acting unanimously, 
increase the number of judges and make necessary adjustments to the second and 
third paragraphs of this Article and to the second of Article 167."

50) Article 168a shall be replaced by the following:

-- 
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