ddrg/super_eurlex huggingface dataset:
Protocol (No 9)

on the role of national parliaments in the European Union (1997)

THE HIGH CONTRACTING PARTIES,

RECALLING that scrutiny by individual national parliaments of their own government in relation to the activities of the Union is a matter for the particular constitutional organisation and practice of each Member State,

DESIRING, however, to encourage greater involvement of national parliaments in the activities of the European Union and to enhance their ability to express their views on matters which may be of particular interest to them,

HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and the Treaties establishing the European Communities,

I. Information for national parliaments of Member States

1. All Commission consultation documents (green and white papers and communications) shall be promptly forwarded to national parliaments of the Member States.

2. Commission proposals for legislation as defined by the Council in accordance with Article 207(3) of the Treaty establishing the European Community, shall be made available in good time so that the government of each Member State may ensure that its own national parliament receives them as appropriate.

3. A six-week period shall elapse between a legislative proposal or a proposal for a measure to be adopted under Title VI of the Treaty on European Union being made available in all languages to the European Parliament and the Council by the Commission and the date when it is placed on a Council agenda for decision either for the adoption of an act or for adoption of a common position pursuant to Article 251 or 252 of the Treaty establishing the European Community, subject to exceptions on grounds of urgency, the reasons for which shall be stated in the act or common position.

II. The Conference of European Affairs Committees

4. The Conference of European Affairs Committees, hereinafter referred to as COSAC, established in Paris on 16- 17 November 1989, may make any contribution it deems appropriate for the attention of the institutions of the European Union, in particular on the basis of draft legal texts which representatives of governments of the Member States may decide by common accord to forward to it, in view of the nature of their subject matter.

5. COSAC may examine any legislative proposal or initiative in relation to the establishment of an area of freedom, security and justice which might have a direct bearing on the rights and freedoms of individuals. The European Parliament, the Council and the Commission shall be informed of any contribution made by COSAC under this point.

6. COSAC may address to the European Parliament, the Council and the Commission any contribution which it deems appropriate on the legislative activities of the Union, notably in relation to the application of the principle of subsidiarity, the area of freedom, security and justice as well as questions regarding fundamental rights.

7. Contributions made by COSAC shall in no way bind national parliaments or prejudge their position.

--------------------------------------------------
EN Official Journal of the European Union C 203/37

Article 97

No restrictions based on nationality may be applied to natural or legal persons, whether public or private, under the jurisdiction of a Member State, where they desire to participate in the construction of nuclear installations of a scientific or industrial nature in the Community.
EN Official Journal of the European Union C 203/42

Article 157

Save as otherwise provided in this Treaty, actions brought before the Court of Justice of the European Union shall not have suspensory effect. The Court of Justice of the European Union may, however, if it considers that circumstances so require, order that application of the contested act be suspended.
EN Official Journal of the European Union C 203/20

Article 38

The Commission shall make recommendations to the Member States with regard to the level of radioactivity in the air, water and soil.

In cases of urgency, the Commission shall issue a directive requiring the Member State concerned to take, within a period laid down by the Commission, all necessary measures to prevent infringement of the basic standards and to ensure compliance with regulations.

Should the State in question fail to comply with the Commission directive within the period laid down, the Commission or any Member State concerned may forthwith, by way of derogation from Articles 258 and 259 of the Treaty on the Functioning of the European Union, bring the matter before the Court of Justice of the European Union.
EN Official Journal of the European Union C 203/23

Article 49

Joint Undertakings shall be established by Council decision.

Each Joint Undertaking shall have legal personality.

In each of the Member States, it shall enjoy the most extensive legal capacity accorded to legal persons under their respective national laws; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings.

Save as otherwise provided in this Treaty or in its own statutes, each Joint Undertaking shall be governed by the rules applying to industrial or commercial undertakings; its statutes may make subsidiary reference to the national laws of the Member States.

Save where jurisdiction is conferred upon the Court of Justice of the European Union by this Treaty, disputes in which Joint Undertakings are concerned shall be determined by the appropriate national courts or tribunals.
EN Official Journal of the European Union C 203/29

Article 69

The Council may fix prices, acting unanimously on a proposal from the Commission.

When the Agency lays down, in pursuance of Article 60, the terms on which orders can be met, it may propose to the users who have placed orders that prices be equalized.
EN Official Journal of the European Union C 203/46

Article 185

In each of the Member States, the Community shall enjoy the most extensive legal capacity accorded to legal persons under their laws; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings. To this end, the Community shall be represented by the Commission.
EN Official Journal of the European Union C 203/5

Article 1

By this Treaty the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM).

It shall be the task of the Community to contribute to the raising of the standard of living in the Member States and to the development of relations with the other countries by creating the conditions necessary for the speedy establishment and growth of nuclear industries.
EN Official Journal of the European Union C 203/10

Article 15

The Commission shall establish a procedure by which Member States, persons and undertakings may use it as an intermediary for exchanging provisional or final results of their research, insofar as these results have not been acquired by the Community under research contracts awarded by the Commission.

This procedure must be such as to ensure the confidential nature of the exchange. The results communicated may, however, be transmitted by the Commission to the Joint Nuclear Research Centre for documentation purposes; this shall not entail any right of use to which the communicating party has not agreed.
EN Official Journal of the European Union C 203/8

Article 8

1. After consulting the Scientific and Technical Committee, the Commission shall establish a Joint Nuclear Research Centre.

This Centre shall ensure that the research programmes and other tasks assigned to it by the Commission are carried out.

It shall also ensure that a uniform nuclear terminology and a standard system of measurements are established.

It shall set up a central bureau for nuclear measurements.

2. The activities of the Centre may, for geographical or functional reasons, be carried out in separate establishments.
EN Official Journal of the European Union C 203/20

Article 35

Each Member State shall establish the facilities necessary to carry out continuous monitoring of the level of radioactivity in the air, water and soil and to ensure compliance with the basic standards.

The Commission shall have the right of access to such facilities; it may verify their operation and efficiency.
EN Official Journal of the European Union C 203/49

Article 198

Save as otherwise provided, this Treaty shall apply to the European territories of Member States and to non European territories under their jurisdiction.

It shall also apply to the European territories for whose external relations a Member State is responsible.

The provisions of this Treaty shall apply to the Åland Islands in accordance with the provisions set out in Protocol No 2 to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.

Notwithstanding the previous paragraphs:

(a) this Treaty shall not apply to the Faroe Islands. This Treaty shall not apply to Greenland;

(b) this Treaty shall not apply to the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus;

(c) this Treaty shall not apply to those overseas countries and territories having special relations with the United Kingdom of Great Britain and Northern Ireland which are not listed in Annex II to the Treaty on European Union and the Treaty on the Functioning of the European Union;

(d) this Treaty shall apply to the Channel Islands and the Isle of Man only to the extent necessary to ensure the implementation of the arrangements for those islands set out in the Treaty concerning the accession of new Member States to the European Economic Community and to the European Atomic Energy Community signed on 22 January 1972.

(Point (e) is deleted)
EN Official Journal of the European Union C 203/29

Article 68

Pricing practices designed to secure a privileged position for certain users in violation of the principle of equal access laid down in the provisions of this Chapter shall be prohibited.

If the Agency finds that any such practices are being employed it shall report them to the Commission.

The Commission may, if it accepts the findings, set the prices of the offers in issue at a level compatible with the principle of equal access.
EN Official Journal of the European Union C 203/43

Article 172

1. (repealed)

2. (repealed)

3. (repealed)

4. Loans for the financing of research or investment shall be raised on terms fixed by the Council in the manner provided for in Article 314 of the Treaty on the Functioning of the European Union.

The Community may borrow on the capital market of a Member State, either in accordance with the legal provisions applying to internal issues, or, if there are no such provisions in a Member State, after the Member State concerned and the Commission have conferred together and have reached agreement upon the proposed loan.

The competent authorities of the Member State concerned may refuse to give their assent only if there is reason to fear serious disturbances on the capital market of that State.
EN Official Journal of the European Union C 203/9

Article 11

The Commission shall publish the research programmes referred to in Articles 7, 8 and 10, and also regular progress reports on their implementation.
EN Official Journal of the European Union C 203/29

Article 67

Save where exceptions are provided for in this Treaty, prices shall be determined as a result of balancing supply against demand as provided in Article 60; the national regulations of the Member States shall not contravene such provisions.
11957E/PRO/CJ/07

TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN ECONOMIC COMMUNITY, TITLE I - JUDGES AND ADVOCATES GENERAL, ARTICLE 7
TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PROTOCOL ON THE STATUTE OF THE EUROPEAN INVESTMENT BANK, ARTICLE 15





++++ Article 15 The Bank shall deal with each Member State through the authority designated by that State . In the conduct of financial operations the Bank shall have recourse to the bank of issue of the Member State concerned or to other financial institutions approved by that State .
++++

JOINT DECLARATION

on

Berlin

THE GOVERNMENTS OF THE KINGDOM OF BELGIUM , THE FEDERAL REPUBLIC OF GERMANY , THE FRENCH REPUBLIC , THE ITALIAN REPUBLIC , THE GRAND DUCHY OF LUXEMBOURG AND THE KINGDOM OF THE NETHERLANDS ,

HAVING REGARD to the special position of Berlin and the need to afford it the support of the free world ,

ANXIOUS to confirm their solidarity with the people of Berlin ,

WILL USE THEIR GOOD OFFICES within the Community in order that all necessary measures may be taken to ease the economic and social situation of Berlin , to promote its development and to ensure its economic stability .
++++

Article 113

1 . After the transitional period has ended , 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 liberalisation , export policy and measures to protect trade such as those to be taken in case of dumping or subsidies .

2 . The Commission shall submit proposals to the Council for implementing the common commercial policy .

3 . Where agreements with third countries need to be negotiated , the Commission shall make recommendations to the Council , which shall authorise 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 .

4 . In exercising the powers conferred upon it by this Article , the Council shall act by a qualified majority .
TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN ECONOMIC COMMUNITY, TITLE III - PROCEDURE, ARTICLE 25





++++ Article 25 Witnesses and experts may be heard on oath taken in the form laid down in the rules of procedure or in the manner laid down by the law of the country of the witness or expert .
++++

Article 246

1 . The first financial year shall run from the date on which this Treaty enters into force until 31 December following . Should this Treaty , however , enter into force during the second half of the Year , the first financial year shall run until 31 December of the following year .

2 . Until the budget for the first financial year has been established , Member States shall make the Community interest-free advances which shall be deducted from their financial contributions to the implementation of the budget .

3 . Until the Staff Regulations of officials and the Conditions of Employment of other servants of the Community provided for in Article 212 have been laid down , each institution shall recruit the Staff it needs and to this end conclude contracts of limited duration .

Each institution shall examine together with the Council any question concerning the number , remuneration and distribution of posts .
11957E/PRO/CJ/24

TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN ECONOMIC COMMUNITY, TITLE III - PROCEDURE, ARTICLE 24
++++

Article 189

In order to carry out their task the Council and the Commission shall , in accordance with the provisions of this Treaty , make regulations , issue directives , take decisions , make recommedations or deliver opinions .

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

A directive shall be binding , as to the result to be achieved , upon each Member State to which it is addressed , but shall leave to the national authorities the choice of form and methods .

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

Recommendations and opinions shall have no binding force .
++++

Article 18

The procedure before the Court shall consist of two parts : written and oral .

The written procedure shall consist of the communication to the parties and to the institutions of the Community whose decisions are in dispute , of applications , statements of case , defences and observations , and of replies , if any , as well as of all papers and documents in support or of certified copies of them .

Communications shall be made by the Registrar in the order and within the time laid down in the rules of procedure .

The oral procedure shall consist of the reading of the report presented by a Judge acting as Rapporteur , the hearing by the Court of agents , advisers and lawyers entitled to practise before a court of a Member State and of the submissions of the Advocate-General , as well as the hearing , if any , of witnesses and experts .
++++

ARTICLE 59

WITHIN THE FRAMEWORK OF THE PROVISIONS SET OUT BELOW , RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES WITHIN THE COMMUNITY SHALL BE PROGRESSIVELY ABOLISHED DURING THE TRANSITIONAL PERIOD IN RESPECT OF NATIONALS OF MEMBER STATES WHO ARE ESTABLISHED IN A STATE OF THE COMMUNITY OTHER THAN THAT OF THE PERSON FOR WHOM THE SERVICES ARE INTENDED .

THE COUNCIL MAY , ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION , EXTEND THE PROVISIONS OF THIS CHAPTER TO NATIONALS OF A THIRD COUNTRY WHO PROVIDE SERVICES AND WHO ARE ESTABLISHED WITHIN THE COMMUNITY .
++++

Article 142

The Assembly shall adopt its rules of procedure , acting by a majority of its members .

The proceedings of the Assembly shall be published in the manner laid down in its rules of procedure .
11957E/PRO/CJ/35

TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN ECONOMIC COMMUNITY, TITLE III - PROCEDURE, ARTICLE 35
++++

ARTICLE 106

1 . EACH MEMBER STATE UNDERTAKES TO AUTHORISE , IN THE CURRENCY OF THE MEMBER STATE IN WHICH THE CREDITOR OR THE BENEFICIARY RESIDES , ANY PAYMENTS CONNECTED WITH THE MOVEMENT OF GOODS , SERVICES OR CAPITAL , AND ANY TRANSFERS OF CAPITAL AND EARNINGS , TO THE EXTENT THAT THE MOVEMENT OF GOODS , SERVICES , CAPITAL AND PERSONS BETWEEN MEMBER STATES HAS BEEN LIBERALISED PURSUANT TO THIS TREATY .

THE MEMBER STATES DECLARE THEIR READINESS TO UNDERTAKE THE LIBERALISATION OF PAYMENTS BEYOND THE EXTENT PROVIDED IN THE PRECEDING SUBPARAGRAPH , IN SO FAR AS THEIR ECONOMIC SITUATION IN GENERAL AND THE STATE OF THEIR BALANCE OF PAYMENTS IN PARTICULAR SO PERMIT .

2 . IN SO FAR AS MOVEMENTS OF GOODS , SERVICES , AND CAPITAL ARE LIMITED ONLY BY RESTRICTIONS ON PAYMENTS CONNECTED THEREWITH , THESE RESTRICTIONS SHALL BE PROGRESSIVELY ABOLISHED BY APPLYING , MUTATIS MUTANDIS , THE PROVISIONS OF THE CHAPTERS RELATING TO THE ABOLITION OF QUANTITATIVE RESTRICTIONS , TO THE LIBERALISATION OF SERVICES AND TO THE FREE MOVEMENT OF CAPITAL .

3 . MEMBER STATES UNDERTAKE NOT TO INTRODUCE BETWEEN THEMSELVES ANY NEW RESTRICTIONS ON TRANSFERS CONNECTED WITH THE INVISIBLE TRANSACTIONS LISTED IN ANNEX III TO THIS TREATY .

THE PROGRESSIVE ABOLITION OF EXISTING RESTRICTIONS SHALL BE EFFECTED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES 63 TO 65 , IN SO FAR AS SUCH ABOLITION IS NOT GOVERNED BY THE PROVISIONS CONTAINED IN PARAGRAPHS 1 AND 2 OR BY THE CHAPTER RELATING TO THE FREE MOVEMENT OF CAPITAL .

4 . IF NEED BE , MEMBER STATES SHALL CONSULT EACH OTHER ON THE MEASURES TO BE TAKEN TO ENABLE THE PAYMENTS AND TRANSFERS MENTIONED IN THIS ARTICLE TO BE EFFECTED ; SUCH MEASURES SHALL NOT PREJUDICE THE ATTAINMENT OF THE OBJECTIVES SET OUT IN THIS CHAPTER .
TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART FIVE - INSTITUTIONS OF THE COMMUNITY, TITLE I - PROVISIONS GOVERNING THE INSTITUTIONS, CHAPTER 1: THE INSTITUTIONS, SECTION 4: THE COURT OF JUSTICE, ARTICLE 184





++++ Article 184 Notwithstanding the expiry of the period laid down in the third paragraph of Article 173 , any party may , in proceedings in which a regulation of the Council or of the Commission is in issue , plead the grounds specified in the first paragraph of Article 173 , in order to invoke before the Court of Justice the inapplicability of that regulation .
++++

ARTICLE 4

1 . THE TASKS ENTRUSTED TO THE COMMUNITY SHALL BE CARRIED OUT BY THE FOLLOWING INSTITUTIONS :

- AN ASSEMBLY ,

- A COUNCIL ,

- A COMMISSION ,

- A COURT OF JUSTICE .

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 ACTING IN AN ADVISORY CAPACITY .
11957E/PRO/CJ/01

TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN ECONOMIC COMMUNITY, ARTICLE 1
++++

Article 163

( Article repealed by Article 19 of the Merger Treaty )

( See Article 17 of the Merger Treaty , which reads as follows :

The Commission shall act by a majority of the number of members provided for in Article 10 . (*)

A meeting of the Commission shall be valid only if the number of members laid down in its rules of procedure is present . )

(*) Article 10 of the Merger Treaty . See Article 157 above .
++++

ARTICLE 103

1 . MEMBER STATES SHALL REGARD THEIR CONJUNCTURAL POLICIES AS A MATTER OF COMMON CONCERN . THEY SHALL CONSULT EACH OTHER AND THE COMMISSION ON THE MEASURES TO BE TAKEN IN THE LIGHT OF THE PREVAILING CIRCUMSTANCES .

2 . WITHOUT PREJUDICE TO ANY OTHER PROCEDURES PROVIDED FOR IN THIS TREATY , THE COUNCIL MAY , ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION , DECIDE UPON THE MEASURES APPROPRIATE TO THE SITUATION .

3 . ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , THE COUNCIL SHALL , WHERE REQUIRED , ISSUE ANY DIRECTIVES NEEDED TO GIVE EFFECT TO THE MEASURES DECIDED UPON UNDER PARAGRAPH 2 .

4 . THE PROCEDURES PROVIDED FOR IN THIS ARTICLE SHALL ALSO APPLY IF ANY DIFFICULTY SHOULD ARISE IN THE SUPPLY OF CERTAIN PRODUCTS .