ddrg/super_eurlex huggingface dataset:
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THE CONFERENCE OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES CONVENED AT LUXEMBOURG ON 9 SEPTEMBER 1985 , WHICH CARRIED ON ITS DISCUSSIONS IN LUXEMBOURG AND BRUSSELS HAS ADOPTED THE FOLLOWING TEXT :

I .

SINGLE EUROPEAN ACT

II .

AT THE TIME OF SIGNING THIS TEXT , THE CONFERENCE ADOPTED THE DECLARATIONS LISTED HEREINAFTER AND ANNEXED TO THIS FINAL ACT :

1 . DECLARATION ON THE POWERS OF IMPLEMENTATION OF THE COMMISSION

2 . DECLARATION ON THE COURT OF JUSTICE

3 . DECLARATION ON ARTICLE 8A OF THE EEC TREATY

4 . DECLARATION ON ARTICLE 100A OF THE EEC TREATY

5 . DECLARATION ON ARTICLE 100B OF THE EEC TREATY

6 . GENERAL DECLARATION ON ARTICLES 13 TO 19 OF THE SINGLE EUROPEAN ACT

7 . DECLARATION ON ARTICLE 118A ( 2 ) OF THE EEC TREATY

8 . DECLARATION ON ARTICLE 130D OF THE EEC TREATY

9 . DECLARATION ON ARTICLE 130R OF THE EEC TREATY

10 . DECLARATION BY THE HIGH CONTRACTING PARTIES ON TITLE III OF THE SINGLE EUROPEAN ACT

11 . DECLARATION ON ARTICLE 30 ( 10 ) ( G ) OF THE SINGLE EUROPEAN ACT .

THE CONFERENCE ALSO NOTES THE DECLARATIONS LISTED HEREINAFTER AND ANNEXED TO THIS FINAL ACT :

1 . DECLARATION BY THE PRESIDENCY ON THE TIME LIMIT WITHIN WHICH THE COUNCIL WILL GIVE ITS OPINION FOLLOWING A FIRST READING ( ARTICLE 149 ( 2 ) OF THE EEC TREATY )

2 . POLITICAL DECLARATION BY THE GOVERNMENTS OF THE MEMBER STATES ON THE FREE MOVEMENT OF PERSONS

3 . DECLARATION BY THE GOVERNMENT OF THE HELLENIC REPUBLIC ON ARTICLE 8A OF THE EEC TREATY

4 . DECLARATION BY THE COMMISSION ON ARTICLE 28 OF THE EEC TREATY

5 . DECLARATION BY THE GOVERNMENT OF IRELAND ON ARTICLE 57 ( 2 ) OF THE EEC TREATY

6 . DECLARATION BY THE GOVERNMENT OF THE PORTUGUESE REPUBLIC ON ARTICLES 59 , SECOND PARAGRAPH , AND 84 OF THE EEC TREATY

7 . DECLARATION BY THE GOVERNMENT OF THE KINGDOM OF DENMARK ON ARTICLE 100A OF THE EEC TREATY

8 . DECLARATION BY THE PRESIDENCY AND THE COMMISSION ON THE MONETARY CAPACITY OF THE COMMUNITY

9 . DECLARATION BY THE GOVERNMENT OF THE KINGDOM OF DENMARK ON EUROPEAN POLITICAL CO-OPERATION .

DONE AT LUXEMBOURG ON THE SEVENTEENTH DAY OF FEBRUARY IN THE YEAR ONE THOUSAND NINE HUNDRED AND EIGHTY-SIX AND AT THE HAGUE ON THE TWENTY-EIGHTH DAY OF FEBRUARY IN THE YEAR ONE THOUSAND NINE HUNDRED AND EIGHTY-SIX .

POUR SA MAJESTE LE ROI DES BELGES

VOOR ZIJNE MAJESTEIT DE KONING DER BELGEN

FOR HENDES MAJESTAET DANMARKS DRONNING

FUER DEN PRAESIDENTEN DER BUNDESREPUBLIK DEUTSCHLAND

! ***

POR SU MAJESTAD EL REY DE ESPANA

POUR LE PRESIDENT DE LA REPUBLIQUE FRANCAISE

THAR CEANN UACHTARAN NA HEIREANN

PER IL PRESIDENTE DELLA REPUBBLICA ITALIANA

POUR SON ALTESSE ROYALE LE GRAND-DUC DE LUXEMBOURG

VOOR HARE MAJESTEIT DE KONINGIN DER NEDERLANDEN

PELO PRESIDENTE DA REPUBLICA PORTUGUESA

FOR HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
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DECLARATION BY THE PRESIDENCY ON THE TIME LIMIT WITHIN WHICH THE COUNCIL WILL GIVE ITS OPINION FOLLOWING A FIRST READING

( ARTICLE 149 ( 2 ) OF THE EEC TREATY )

AS REGARDS THE DECLARATION BY THE EUROPEAN COUNCIL IN MILAN , TO THE EFFECT THAT THE COUNCIL MUST SEEK WAYS OF IMPROVING ITS DECISION-MAKING PROCEDURES , THE PRESIDENCY STATES ITS INTENTION OF COMPLETING THE WORK IN QUESTION AS SOON AS POSSIBLE .
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DECLARATION BY THE PRESIDENCY AND THE COMMISSION ON THE MONETARY CAPACITY OF THE COMMUNITY

THE PRESIDENCY AND THE COMMISSION CONSIDER THAT THE PROVISIONS INSERTED IN THE EEC TREATY WITH REFERENCE TO THE COMMUNITY'S MONETARY CAPACITY ARE WITHOUT PREJUDICE TO THE POSSIBILITY OF FURTHER DEVELOPMENT WITHIN THE FRAMEWORK OF THE EXISTING POWERS .
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ARTICLE 2

THE EUROPEAN COUNCIL SHALL BRING TOGETHER THE HEADS OF STATE OR OF GOVERNMENT OF THE MEMBER STATES AND THE PRESIDENT OF THE COMMISSION OF THE EUROPEAN COMMUNITIES . THEY SHALL BE ASSISTED BY THE MINISTERS FOR FOREIGN AFFAIRS AND BY A MEMBER OF THE COMMISSION .

THE EUROPEAN COUNCIL SHALL MEET AT LEAST TWICE A YEAR .
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DECLARATION ON ARTICLE 130D OF THE EEC TREATY

IN THIS CONTEXT THE CONFERENCE REFERS TO THE CONCLUSIONS OF THE EUROPEAN COUNCIL IN BRUSSELS IN MARCH 1984 , WHICH READ AS FOLLOWS :

" THE FINANCIAL RESOURCES ALLOCATED TO AID FROM THE FUNDS , HAVING REGARD TO THE IMPS , WILL BE SIGNIFICANTLY INCREASED IN REAL TERMS WITHIN THE LIMITS OF FINANCING POSSIBILITIES . " .
SINGLE EUROPEAN ACT, TITLE IV: GENERAL AND FINAL PROVISIONS, ARTICLE 32



Official Journal L 169 , 29/06/1987 P. 0015



++++ ARTICLE 32 SUBJECT TO ARTICLE 3 ( 1 ) , TO TITLE II AND TO ARTICLE 31 , NOTHING IN THIS ACT SHALL AFFECT THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES OR ANY SUBSEQUENT TREATIES AND ACTS MODIFYING OR SUPPLEMENTING THEM .
Treaty on European Union - Declaration on Article 109 of the Treaty establishing the European Community



Official Journal C 191 , 29/07/1992 P. 0099



DECLARATION on Article 109 of the Treaty establishing the European Community The Conference emphasizes that use of the term 'formal agreements' in Article 109(1) is not intended to create a new category of international agreement within the meaning of Community law.
Treaty on European Union - Title III: Provisions amending the Treaty establishing the European Coal and Steel Community - Article H.5



Official Journal C 191 , 29/07/1992 P. 0045



5) The following subparagraph shall be added to Article 18: 'The Council shall, acting by a qualified majority, determine any payment to be made instead of remuneration.'
Treaty on European Union - Protocol on the statute of the european system of central banks and of the European Central Bank - Chapter II: Objectifs and tasks of the ESCB - Article 2: Objectifs



Official Journal C 191 , 29/07/1992 P. 0069



Article 2 Objectives In accordance with Article 105(1) of this Treaty, the primary objective of the ESCB shall be to maintain price stability. Without prejudice to the objective of price stability, it shall support the general economic policies in the Community with a view to contributing to the achievement of the objectives of the Community as laid down in Article 2 of this Treaty. The ESCB shall act in accordance with the principle of an open market economy with free competition, favouring an efficient allocation of resources, and in compliance with the principles set out in Article 3a of this Treaty.
Article 36

Staff

36.1. The Governing Council, on a proposal from the Executive Board, shall lay down the conditions of employment of the staff of the ECB.

36.2. The Court of Justice shall have jurisdiction in any dispute between the ECB and its servants within the limits and under the conditions laid down in the conditions of employment.
Article 40

Privileges and immunities

The ECB shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol on the Privileges and Immunities of the European Communities annexed to the Treaty establishing a Single Council and a Single Commission of the European Communities.

CHAPTER VIII

AMENDMENT OF THE STATUTE AND

COMPLEMENTARY LEGISLATION
Treaty on European Union - Title VI: Provisions on cooperation in the fields of justice and home affairs - Article K.7



Official Journal C 191 , 29/07/1992 P. 0062



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.
11992MI

Treaty on European Union - Title IV: Provisions amending the Treaty establishing the European Atomic Energy Community



Official Journal C 191 , 29/07/1992 P. 0050
10) The first sentence of Article 49 shall be replaced by the following:

'As soon as this Treaty enters into force, the Council shall, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee, issue directives or make regulations setting out the measures required to bring about, by progressive stages, freedom of movement for workers, as defined in Article 48, in particular:'
Article 19

Minimum reserves

19.1. Subject to Article 2, the ECB may require credit institutions established in Member States to hold minimum reserves on accounts with the ECB and national central banks in pursuance of monetary policy objectives. Regulations concerning the calculation and determination of the required minimum reserves may be established by the Governing Council. In cases of non-compliance the ECB shall be entitled to levy penalty interest and to impose other sanctions with comparable effect.

19.2. For the application of this Article, the Council shall, in accordance with the procedure laid down in Article 42, define the basis for minimum reserves and the maximum permissible ratios between those reserves and their basis, as well as the appropriate sanctions in cases of non-compliance.
11992MG/D27

Treaty on European Union - Title II: Provisions amending the Treaty establishing the European Economic Community with a view to establishing the European Community - Article G - Article G D 27



Official Journal C 191 , 29/07/1992 P. 0022
Article 34

Legal acts

34.1. In accordance with Article 108a of this Treaty, the ECB shall:

- make regulations to the extent necessary to implement the tasks defined in Article 3.1, first indent, Articles 19.1, 22 or 25.2 and in cases which shall be laid down in the acts of the Council referred to in Article 42;

- take decisions necessary for carrying out the tasks entrusted to the ESCB under this Treaty and this Statute;

- make recommendations and deliver opinions.

34.2. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.

Recommendations and opinions shall have no binding force.

A decision shall be binding in its entirety upon those to whom it is addressed.

>Articles 190 to 192 of this Treaty shall apply to regulations and decisions adopted by the ECB.

The ECB may decide to publish its decisions, recommendations and opinions.

34.3. Within the limits and under the conditions adopted by the Council under the procedure laid down in Article 42, the ECB shall be entitled to impose fines or periodic penalty payments on undertakings for failure to comply with obligations under its regulations and decisions.
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. combatting drug addiction in so far as this is not covered by 7 to 9;

5. combatting 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 combatting 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).
DECLARATION on police cooperation

The Conference confirms the agreement of the Member States on the objectives underlying the German delegation's proposals at the European Council meeting in Luxembourg on 28 and 29 June 1991.

For the present, the Member States agree to examine as a matter of priority the drafts submitted to them, on the basis of the work programme and timetable agreed upon in the report drawn up at the request of the Luxembourg European Council, and they are willing to envisage the adoption of practical measures in areas such as those suggested by the German delegation, relating to the following functions in the exchange of information and experience:

- support for national criminal investigation and security authorities, in particular in the coordination of investigations and search operations;

- creation of data bases;

- central analysis and assessment of information in order to take stock of the situation and identify investigative approaches;

- collection and analysis of national prevention programmes for forwarding to Member States and for drawing up Europe- wide prevention strategies;

- measures relating to further training, research, forensic matters and criminal records departments.

Member States agree to consider on the basis of a report, during 1994 at the latest, whether the scope of such cooperation should be extended.
Treaty on European Union - Protocol on the statute of the European Monetary Institute - Article 14: Legal capacity



Official Journal C 191 , 29/07/1992 P. 0082



Article 14 Legal capacity The EMI, which in accordance with Article 109f(1) of this Treaty shall have legal personality, shall enjoy in each of the Member States the most extensive legal capacity accorded to legal persons under their law; it may, in particular, acquire or dispose of movable or immovable property and may be a party to legal proceedings.
Treaty on European Union - Protocol on the statute of the european system of central banks and of the European Central Bank - Chapter IX: Transitional and other provisions for the ESCB - Article 48: Transitional provisions for the capital of the ECB



Official Journal C 191 , 29/07/1992 P. 0078



Article 48 Transitional provisions for the capital of the ECB In accordance with Article 29.1 each national central bank shall be assigned a weighting in the key for subscription of the ECB's capital. By way of derogation from Article 28.3, central banks of Member States with a derogation shall not pay up their subscribed capital unless the General Council, acting by a majority representing at least two thirds of the subscribed capital of the ECB and at least half of the shareholders, decides that a minimal percentage has to be paid up as a contribution to the operational costs of the ECB.
Treaty on European Union - Protocol on the statute of the European Monetary Institute



Official Journal C 191 , 29/07/1992 P. 0079



PROTOCOL on the Statute of the European Monetary Institute THE HIGH CONTRACTING PARTIES, DESIRING to lay down the Statute of the European Monetary Institute, HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing the European Community:
Article L

The provisions of the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community concerning the powers of the Court of Justice of the European Communities and the exercise of those powers shall apply only to the following provisions of this Treaty:

(a) provisions amending the Treaty establishing the European Economic Community with a view to establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community;

(b) the third subparagraph of Article K.3(2)(c);

(c) Articles L to S.
Article 43

General provisions

43.1. A derogation as referred to in Article 109k(1) of this Treaty shall entail that the following Articles of this Statute shall not confer any rights or impose any obligations on the Member State concerned: 3, 6, 9.2, 12.1, 14.3, 16, 18, 19, 20, 22, 23, 26.2, 27, 30, 31, 32, 33, 34, 50 and 52.

43.2. The central banks of Member States with a derogation as specified in Article 109k(1) of this Treaty shall retain their powers in the field of monetary policy according to national law.

43.3. In accordance with Article 109k(4) of this Treaty, 'Member States' shall be read as 'Member States without a derogation' in the following Articles of this Statute: 3, 11.2, 19, 34.2 and 50.

43.4. 'National central banks' shall be read as 'central banks of Member States without a derogation' in the following Articles of this Statute: 9.2, 10.1, 10.3, 12.1, 16, 17, 18, 22, 23, 27, 30, 31, 32, 33.2 and 52.

43.5. 'Shareholders' shall be read as 'central banks of Member States without a derogation' in Articles 10.3 and 33.1.

43.6. 'Subscribed capital of the ECB' shall be read as 'capital of the ECB subscribed by the central banks of Member States without a derogation' in Articles 10.3 and 30.2.
Article 1

Constitution and name

1.1. The European Monetary Institute (EMI) shall be established in accordance with Article 109f of this Treaty; it shall perform its functions and carry out its activities in accordance with the provisions of this Treaty and of this Statute.

1.2. The members of the EMI shall be the central banks of the Member States ('national central banks'). For the purposes of this Statute, the Institut monétaire luxembourgeois shall be regarded as the central bank of Luxembourg.

1.3. Pursuant to Article 109f of this Treaty, both the Committee of Governors and the European Monetary Cooperation Fund (EMCF) shall be dissolved. All assets and liabilities of the EMCF shall pass automatically to the EMI.
Article 1

The reference values referred to in Article 104c(2) of this Treaty are:

- 3% for the ratio of the planned or actual government deficit to gross domestic product at market prices;

- 60% for the ratio of government debt to gross domestic product at market prices.
11) Article 32 shall be replaced by the following:

'Article 32

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 or five Judges, either to undertake certain preparatory inquiries or to adjudicate on particular categories of cases in accordance with the 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 the necessary adjustments to the second and third paragraphs of this Article and to the second paragraph of Article 32b.'
Treaty on European Union - Protocol on the statute of the european system of central banks and of the European Central Bank - Chapter VII: General provisions - Article 37: Seat



Official Journal C 191 , 29/07/1992 P. 0076



Article 37 Seat Before the end of 1992, the decision as to where the seat of the ECB will be established shall be taken by common accord of the governments of the Member States at the level of Heads of State or of Government.
56) Article 177 shall be replaced by the following:

'Article 177

The Court of Justice shall have jurisdiction to give preliminary rulings concerning:

(a) the interpretation of this Treaty;

(b) the validity and interpretation of acts of the institutions of the Community and of the ECB;

(c) the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide.

Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.

Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.'
Article J.8

1. The European Council shall define the principles of and general guidelines for the common foreign and security policy.

2. The Council shall take the decisions necessary for defining and implementing the common foreign and security policy on the basis of the general guidelines adopted by the European Council. It shall ensure the unity, consistency and effectiveness of action by the Union.

The Council shall act unanimously, except for procedural questions and in the case referred to in Article J.3(2).

3. 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.

4. 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.

5. Without prejudice to Article 151 of the Treaty establishing the European Community, a Political Committee consisting of Political Directors shall monitor the international situation in the areas covered by 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.
12) Article 32d shall be replaced by the following:

'Article 32d

1. A Court of First Instance shall be attached to the Court of Justice with jurisdiction to hear and determine at first instance, subject to a right of appeal to the Court of Justice on points of law only and in accordance with the conditions laid down by the Statute, certain classes of action or proceeding defined in accordance with the conditions laid down in paragraph 2. The Court of First Instance shall not be competent to hear and determine questions referred for a preliminary ruling under Article 41.

2. At the request of the Court of Justice and after consulting the European Parliament and the Commission, the Council, acting unanimously, shall determine the classes of action or proceeding referred to in paragraph 1, and the composition of the Court of First Instance and shall adopt the necessary adjustments and additional provisions to the Statute of the Court of Justice. Unless the Council decides otherwise, the provisions of this Treaty relating to the Court of Justice, in particular the provisions of the Protocol on the Statute of the Court of Justice, shall apply to the Court of First Instance.

3. The members of the Court of First Instance shall be chosen from persons whose independence is beyond doubt and who possess the ability required for appointment to judicial office; they shall be appointed by common accord of the governments of the Member States for a term of six years. The membership shall be partially renewed every three years. Retiring members shall be eligible for re-appointment.

4. The Court of First Instance shall establish its rules of procedure in agreement with the Court of Justice. Those rules shall require the unanimous approval of the Council.'
6) Article 4 shall be replaced by the following:

'Article 4

1. The tasks entrusted to the Community shall be carried out by the following institutions:

- a EUROPEAN PARLIAMENT,

- a COUNCIL,

- a COMMISSION,

- a COURT OF JUSTICE,

- a COURT OF AUDITORS.

Each institution shall act within the limits of the powers conferred upon it by this Treaty.

2. The Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions acting in an advisory capacity.'