ddrg/super_eurlex huggingface dataset:
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DECLARATION ON ARTICLE 130R OF THE EEC TREATY

RE PARAGRAPH 1 , THIRD INDENT

THE CONFERENCE CONFIRMS THAT THE COMMUNITY'S ACTIVITIES IN THE SPHERE OF THE ENVIRONMENT MAY NOT INTERFERE WITH NATIONAL POLICIES REGARDING THE EXPLOITATION OF ENERGY RESOURCES .

RE PARAGRAPH 5 , SECOND SUBPARAGRAPH

THE CONFERENCE CONSIDERS THAT THE PROVISIONS OF ARTICLE 130R ( 5 ) , SECOND SUBPARAGRAPH DO NOT AFFECT THE PRINCIPLES RESULTING FROM THE JUDGMENT HANDED DOWN BY THE COURT OF JUSTICE IN THE AETR CASE .
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DECLARATION BY THE GOVERNMENT OF THE KINGDOM OF DENMARK ON EUROPEAN POLITICAL CO-OPERATION

THE DANISH GOVERNMENT STATES THAT THE CONCLUSION OF TITLE III ON EUROPEAN POLITICAL CO-OPERATION IN THE SPHERE OF FOREIGN POLICY DOES NOT AFFECT DENMARK'S PARTICIPATION IN NORDIC CO-OPERATION IN THE SPHERE OF FOREIGN POLICY .

THE PRECEDING TEXT IS A CERTIFIED TRUE COPY OF THE SINGLE ORIGINAL OF THE FINAL ACT SIGNED 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 ON THE OCCASION OF THE SIGNATURE OF THE SINGLE EUROPEAN ACT AND DEPOSITED IN THE ARCHIVES OF THE GOVERNMENT OF THE ITALIAN REPUBLIC .

IL CAPO DEL SERVIZIO DEL CONTENZIOSO DIPLOMATICO , DEI TRATTATI E DEGLI AFFARI LEGISLATIVI
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POLITICAL DECLARATION BY THE GOVERNMENTS OF THE MEMBER STATES ON THE FREE MOVEMENT OF PERSONS

IN ORDER TO PROMOTE THE FREE MOVEMENT OF PERSONS , THE MEMBER STATES SHALL CO-OPERATE , WITHOUT PREJUDICE TO THE POWERS OF THE COMMUNITY , IN PARTICULAR AS REGARDS THE ENTRY , MOVEMENT AND RESIDENCE OF NATIONALS OF THIRD COUNTRIES . THEY SHALL ALSO CO-OPERATE IN THE COMBATING OF TERRORISM , CRIME , THE TRAFFIC IN DRUGS AND ILLICIT TRADING IN WORKS OF ART AND ANTIQUES .
SINGLE EUROPEAN ACT, FINAL ACT, GENERAL DECLARATION ON ARTICLES 13 TO 19 OF THE SINGLE EUROPEAN ACT



Official Journal L 169 , 29/06/1987 P. 0025



++++ GENERAL DECLARATION ON ARTICLES 13 TO 19 OF THE SINGLE EUROPEAN ACT NOTHING IN THESE PROVISIONS SHALL AFFECT THE RIGHT OF MEMBER STATES TO TAKE SUCH MEASURES AS THEY CONSIDER NECESSARY FOR THE PURPOSE OF CONTROLLING IMMIGRATION FROM THIRD COUNTRIES , AND TO COMBAT TERRORISM , CRIME , THE TRAFFIC IN DRUGS AND ILLICIT TRADING IN WORKS OF ART AND ANTIQUES .
SINGLE EUROPEAN ACT, FINAL ACT, DECLARATION BY THE COMMISSION ON ARTICLE 28 OF THE EEC TREATY



Official Journal L 169 , 29/06/1987 P. 0026



++++ DECLARATION BY THE COMMISSION ON ARTICLE 28 OF THE EEC TREATY WITH REGARD TO ITS OWN INTERNAL PROCEDURES , THE COMMISSION WILL ENSURE THAT THE CHANGES RESULTING FROM THE AMENDMENT OF ARTICLE 28 OF THE EEC TREATY WILL NOT LEAD TO DELAYS IN RESPONDING TO URGENT REQUESTS FOR THE ALTERATION OR SUSPENSION OF COMMON CUSTOMS TARIFF DUTIES .
16) Article 75 shall be replaced by the following:

'Article 75

1. For the purpose of implementing Article 74, and taking into account the distinctive features of transport, the Council shall, acting in accordance with the procedure referred to in Article 189c and after consulting the Economic and Social Committee, lay down:

(a) common rules applicable to international transport to or from the territory of a Member State or passing across the territory of one or more Member States;

(b) the conditions under which non-resident carriers may operate transport services within a Member State;

(c) measures to improve transport safety;

(d) any other appropriate provisions.

2. The provisions referred to in (a) and (b) of paragraph 1 shall be laid down during the transitional period.

3. By way of derogation from the procedure provided for in paragraph 1, where the application of provisions concerning the principles of the regulatory system for transport would be liable to have a serious effect on the standard of living and on employment in certain areas and on the operation of transport facilities, they shall be laid down by the Council acting unanimously on a proposal from the Commission, after consulting the European Parliament and the Economic and Social Committee. In so doing, the Council shall take into account the need for adaptation to the economic development which will result from establishing the common market.'
3) Article 16 shall be replaced by the following:

'Article 16

The Commission shall make all appropriate administrative arrangements for the operation of its departments.

It may set up study committees, including an economic study committee.

The Council and the Commission shall consult each other and shall settle by common accord their methods of cooperation.

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.'
PROTOCOL on social policy

THE HIGH CONTRACTING PARTIES,

NOTING that eleven Member States, that is to say the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Portuguese Republic, wish to continue along the path laid down in the 1989 Social Charter; that they have adopted among themselves an Agreement to this end; that this Agreement is annexed to this Protocol; that this Protocol and the said Agreement are without prejudice to the provisions of this Treaty, particularly those relating to social policy which constitute an integral part of the 'acquis communautaire':

1. Agree to authorize those eleven Member States to have recourse to the institutions, procedures and mechanisms of the Treaty for the purposes of taking among themselves and applying as far as they are concerned the acts and decisions required for giving effect to the abovementioned Agreement.

2. The United Kingdom of Great Britain and Northern Ireland shall not take part in the deliberations and the adoption by the Council of Commission proposals made on the basis of this Protocol and the abovementioned Agreement.

By way of derogation from Article 148(2) of the Treaty, acts of the Council which are made pursuant to this Protocol and which must be adopted by a qualified majority shall be deemed to be so adopted if they have received at least forty-four votes in favour. The unanimity of the members of the Council, with the exception of the United Kingdom of Great Britain and Northern Ireland, shall be necessary for acts of the Council which must be adopted unanimously and for those amending the Commission proposal.

Acts adopted by the Council and any financial consequences other than administrative costs entailed for the institutions shall not be applicable to the United Kingdom of Great Britain and Northern Ireland.

3. This Protocol shall be annexed to the Treaty establishing the European Community.
11992MG/D29

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 29



Official Journal C 191 , 29/07/1992 P. 0022
DECLARATION on the representation of the interests of the overseas countries and territories referred to in Article 227(3) and (5)(a) and (b) of the Treaty establishing the European Community

The Conference, noting that in exceptional circumstances divergences may arise between the interests of the Union and those of the overseas countries and territories referred to in Article 227(3) and (5)(a) and (b), agrees that the Council will seek to reach a solution which accords with the position of the Union. However, in the event that this proves impossible, the Conference agrees that the Member State concerned may act separately in the interests of the said overseas countries and territories, without this affecting the Community's interests. The Member State concerned will give notice to the Council and the Commission where such a divergence of interests is likely to occur and, when separate action proves unavoidable, make it clear that it is acting in the interests of an overseas territory mentioned above.

This declaration also applies to Macao and East Timor.
Article 29

Key for capital subscription

29.1. When in accordance with the procedure referred to in Article 109l(1) of this Treaty the ESCB and the ECB have been established, the key for subscription of the ECB's capital shall be established. Each national central bank shall be assigned a weighting in this key which shall be equal to the sum of:

- 50% of the share of its respective Member State in the population of the Community in the penultimate year preceding the establishment of the ESCB;

- 50% of the share of its respective Member State in the gross domestic product at market prices of the Community as recorded in the last five years preceding the penultimate year before the establishment of the ESCB;

The percentages shall be rounded up to the nearest multiple of 0.05 percentage points.

29.2. The statistical data to be used for the application of this Article shall be provided by the Commission in accordance with the rules adopted by the Council under the procedure provided for in Article 42.

29.3. The weightings assigned to the national central banks shall be adjusted every five years after the establishment of the ESCB by analogy with the provisions laid down in Article 29.1. The adjusted key shall apply with effect from the first day of the following year.

29.4. The Governing Council shall take all other measures necessary for the application of this Article.
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 34



Official Journal C 191 , 29/07/1992 P. 0023



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.'
11992M/APS/05

Treaty on European Union - Agreement on social policy concluded between the Member States of the European Community with the exception of the United Kingdom of Great Britain and Northern Ireland - Article 5



Official Journal C 191 , 29/07/1992 P. 0092
PROTOCOL annexed to the Treaty on European Union and to the Treaties establishing the European Communities

THE HIGH CONTRACTING PARTIES,

HAVE AGREED upon the following provision, which shall be annexed to the Treaty on European Union and to the Treaties establishing the European Communities:

Nothing in the Treaty on European Union, or in the Treaties establishing the European Communities, or in the Treaties or Acts modifying or supplementing those Treaties, shall affect the application in Ireland of Article 40.3.3. of the Constitution of Ireland.
Article 4

Advisory functions

In accordance with Article 105(4) of this Treaty:

(a) the ECB shall be consulted:

- on any proposed Community act in its fields of competence;

- by national authorities regarding any draft legislative provision in its fields of competence, but within the limits and under the conditions set out by the Council in accordance with the procedure laid down in Article 42;

(b) the ECB may submit opinions to the appropriate Community institutions or bodies or to national authorities on matters in its fields of competence.
Article 12

Responsibilities of the decision-making bodies

12.1. The Governing Council shall adopt the guidelines and take the decisions necessary to ensure the performance of the tasks entrusted to the ESCB under this Treaty and this Statute. The Governing Council shall formulate the monetary policy of the Community including, as appropriate, decisions relating to intermediate monetary objectives, key interest rates and the supply of reserves in the ESCB, and shall establish the necessary guidelines for their implementation.

The Executive Board shall implement monetary policy in accordance with the guidelines and decisions laid down by the Governing Council. In doing so the Executive Board shall give the necessary instructions to national central banks. In addition the Executive Board may have certain powers delegated to it where the Governing Council so decides.

To the extent deemed possible and appropriate and without prejudice to the provisions of this Article, the ECB shall have recourse to the national central banks to carry out operations which form part of the tasks of the ESCB.

12.2. The Executive Board shall have responsibility for the preparation of meetings of the Governing Council.

12.3. The Governing Council shall adopt Rules of Procedure which determine the internal organization of the ECB and its decision-making bodies.

12.4. The Governing Council shall exercise the advisory functions referred to in Article 4.

12.5. The Governing Council shall take the decisions referred to in Article 6.
Treaty on European Union - Declaration on articles 109, 130R and 130Y of the Treaty establishing the European Community



Official Journal C 191 , 29/07/1992 P. 0100



DECLARATION on Articles 109, 130r and 130y of the Treaty establishing the European Community The Conference considers that the provisions of Article 109(5), Article 130r(4), second subparagraph, and Article 130y do not affect the principles resulting from the judgment handed down by the Court of Justice in the AETR case.
DECLARATION on the implementation of Community law

1. The Conference stresses that it is central to the coherence and unity of the process of European construction that each Member State should fully and accurately transpose into national law the Community Directives addressed to it within the deadlines laid down therein.

Moreover, the Conference, while recognizing that it must be for each Member State to determine how the provisions of Community law can best be enforced in the light of its own particular institutions, legal system and other circumstances, but in any event in compliance with Article 189 of the Treaty establishing the European Community, considers it essential for the proper functioning of the Community that the measures taken by the different Member States should result in Community law being applied with the same effectiveness and rigour as in the application of their national law.

2. The Conference calls on the Commission to ensure, in exercising its powers under Article 155 of this Treaty, that Member States fulfil their obligations. It asks the Commission to publish periodically a full report for the Member States and the European Parliament.
DECLARATION on the use of languages in the field of the common foreign and security policy

The Conference agrees that the use of languages shall be in accordance with the rules of the European Communities.

For COREU communications, the current practice of European Political Cooperation will serve as a guide for the time being.

All common foreign and security policy texts which are submitted to or adopted at meetings of the European Council and of the Council as well as all texts which are to be published are immediately and simultaneously translated into all the official Community languages.
Article 23

Liquidation of the EMI

23.1. In accordance with Article 109l of this Treaty, the EMI shall go into liquidation on the establishment of the ECB. All assets and liabilities of the EMI shall then pass automatically to the ECB. The latter shall liquidate the EMI according to the provisions of this Article. The liquidation shall be completed by the beginning of the third stage.

23.2. The mechanism for the creation of ECUs against gold and US dollars as provided for by Article 17 of the EMS Agreement shall be unwound by the first day of the third stage in accordance with Article 20 of the said Agreement.

23.3. All claims and liabilities arising from the very short-term financing mechanism and the short-term monetary support mechanism, under the Agreements referred to in Article 6.1, shall be settled by the first day of the third stage.

23.4. All remaining assets of the EMI shall be disposed of and all remaining liabilities of the EMI shall be settled.

23.5. The proceeds of the liquidation described in Article 23.4 shall be distributed to the national central banks in accordance with the key referred to in Article 16.2.

23.6. The Council of the EMI may take the measures necessary for the application of Articles 23.4 and 23.5.

23.7. Upon the establishment of the ECB, the President of the EMI shall relinquish his office.
Treaty on European Union - Protocol on the excessive deficit procedure - Article 3



Official Journal C 191 , 29/07/1992 P. 0084



Article 3 In order to ensure the effectiveness of the excessive deficit procedure, the governments of the Member States shall be responsible under this procedure for the deficits of general government as defined in the first indent of Article 2. The Member States shall ensure that national procedures in the budgetary area enable them to meet their obligations in this area deriving from this Treaty. The Member States shall report their planned and actual deficits and the levels of their debt promptly and regularly to the Commission.
Article 30

Transfer of foreign reserve assets to the ECB

30.1. Without prejudice to Article 28, the ECB shall be provided by the national central banks with foreign reserve assets, other than Member States' currencies, ECUs, IMF reserve positions and SDRs, up to an amount equivalent to ECU 50 000 million. The Governing Council shall decide upon the proportion to be called up by the ECB following its establishment and the amounts called up at later dates. The ECB shall have the full right to hold and manage the foreign reserves that are transferred to it and to use them for the purposes set out in this Statute.

30.2. The contributions of each national central bank shall be fixed in proportion to its share in the subscribed capital of the ECB.

30.3. Each national central bank shall be credited by the ECB with a claim equivalent to its contribution. The Governing Council shall determine the denomination and remuneration of such claims.

30.4. Further calls of foreign reserve assets beyond the limit set in Article 30.1 may be effected by the ECB, in accordance with Article 30.2, within the limits and under the conditions set by the Council in accordance with the procedure laid down in Article 42.

30.5. The ECB may hold and manage IMF reserve positions and SDRs and provide for the pooling of such assets.

30.6. The Governing Council shall take all other measures necessary for the application of this Article.
Article 15

Legal acts

15.1. In the performance of its tasks, and under the conditions laid down in this Statute, the EMI shall:

- deliver opinions;

- make recommendations;

- adopt guidelines, and take decisions, which shall be addressed to the national central banks.

15.2. Opinions and recommendations of the EMI shall have no binding force.

15.3. The Council of the EMI may adopt guidelines laying down the methods for the implementation of the conditions necessary for the ESCB to perform its functions in the third stage. EMI guidelines shall have no binding force; they shall be submitted for decision to the ECB.

15.4. Without prejudice to Article 3.1, a decision of the EMI shall be binding in its entirety upon those to whom it is addressed. Articles 190 and 191 of this Treaty shall apply to these decisions.
Article K.4

1. A Coordinating Committee shall be set up consisting of senior officials. In addition to its coordinating role, it shall be the task of the Committee to:

- give opinions for the attention of the Council, either at the Council's request or on its own initiative;

- contribute, without prejudice to Article 151 of the Treaty establishing the European Community, to the preparation of the Council's discussions in the areas referred to in Article K.1 and, in accordance with the conditions laid down in Article 100d of the Treaty establishing the European Community, in the areas referred to in Article 100c of that Treaty.

2. The Commission shall be fully associated with the work in the areas referred to in this Title.

3. The Council shall act unanimously, except on matters of procedure and in cases where Article K.3 expressly provides for other voting rules.

Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as laid down in Article 148(2) of the Treaty establishing the European Community, and for their adoption, acts of the Council shall require at least fifty-four votes in favour, cast by at least eight members.
11992MG/D32

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 32



Official Journal C 191 , 29/07/1992 P. 0022
54) Article 175 shall be replaced by the following:

'Article 175

Should the European Parliament, the Council or the Commission, in infringement of this Treaty, fail to act, the Member States and the other institutions of the Community may bring an action before the Court of Justice to have the infringement established.

The action shall be admissible only if the institution concerned has first been called upon to act. If, within two months of being so called upon, the institution concerned has not defined its position, the action may be brought within a further period of two months.

Any natural or legal person may, under the conditions laid down in the preceding paragraphs, complain to the Court of Justice that an institution of the Community has failed to address to that person any act other than a recommendation or an opinion.

The Court of Justice shall have jurisdiction, under the same conditions, in actions or proceedings brought by the ECB in the areas falling within the latter's field of competence and in actions or proceedings brought against the latter.'
79)Article 227 shall be amended as follows:

(a) paragraph 2 shall be replaced by the following:

'2. With regard to the French overseas departments, the general and particular provisions of this Treaty relating to:

- the free movement of goods;

- agriculture, save for Article 40 (4);

- the liberalization of services;

- the rules on competition;

- the protective measures provided for in Articles 109h, 109i and 226;

- the institutions,

shall apply as soon as this Treaty enters into force.

The conditions under which the other provisions of this Treaty are to apply shall be determined, within two years of the entry into force of this Treaty, by decisions of the Council, acting unanimously on a proposal from the Commission.

The institutions of the Community will, within the framework of the procedures provided for in this Treaty, in particular Article 226, take care that the economic and social development of these areas is made possible.';

(b) in paragraph 5, subparagraph (a) shall be replaced by the following:

'(a) this Treaty shall not apply to the Faroe Islands.'
Article J.7

The Presidency shall consult the European Parliament on the main aspects and the basic choices of the common foreign and security policy and shall ensure that the views of the European Parliament are duly taken into consideration. The European Parliament shall be kept regularly informed by the Presidency and the Commission of the development of the Union's foreign and security policy.

The European Parliament may ask questions of the Council or make recommendations to it. It shall hold an annual debate on progress in implementing the common foreign and security policy.