33. PROTOCOL ON THE ACTS AND TREATIES WHICH HAVE SUPPLEMENTED OR AMENDED THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY AND THE TREATY ON EUROPEAN UNION

THE HIGH CONTRACTING PARTIES,

WHEREAS Article IV-437(1) of the Constitution repeals the Treaty establishing the European Community and the Treaty on European Union and the Acts and Treaties which have supplemented or amended them;

WHEREAS a list should be drawn up of the acts and treaties referred to in Article IV-437(1);

WHEREAS the substance of Article 9(7) of the Treaty of Amsterdam should be incorporated;

RECALLING that the Act of 20 September 1976 concerning the election of representatives of the European Parliament by direct universal suffrage is to remain in force,

HAVE AGREED upon the following provisions, which are annexed to the Treaty establishing a Constitution for Europe and to the Treaty establishing the European Atomic Energy Community:

Article 1

1. The following Acts and Treaties which have supplemented or amended the Treaty establishing the European Community are hereby repealed:

(a) the Protocol of 8 April 1965 on the privileges and immunities of the European Communities annexed to the Treaty establishing a single Council and a single Commission (OJ 152, 13.7.1967, p. 13);

(b) the Treaty of 22 April 1970 amending certain budgetary provisions of the Treaties establishing the European Communities and of the Treaty establishing a single Council and a single Commission of the European Communities (OJ L 2, 2.1.1971, p. 1);

(c) the Treaty of 22 July 1975 amending certain financial provisions of the Treaties establishing the European Communities and of the Treaty establishing a single Council and a single Commission of the European Communities (OJ L 359, 31.12.1977, p. 4);

(d) the Treaty of 10 July 1975 amending certain provisions of the Protocol on the Statute of the European Investment Bank (OJ L 91, 6.4.1978, p. 1);

(e) the Treaty of 13 March 1984 amending, with regard to Greenland, the Treaties establishing the European Communities (OJ L 29, 1.2.1985, p. 1);

(f) the Single European Act of 17 February 1986 and 28 February 1986 (OJ L 169, 29.6.1987, p. 1);

(g) the Act of 25 March 1993 amending the Protocol on the Statute of the European Investment Bank, empowering the Board of Governors to establish a European Investment Fund (OJ L 173, 7.7.1994, p. 14);

(h) Decision 2003/223/EC of the Council, meeting in the composition of the Heads of State or Government, of 21 March 2003 on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank (OJ L 83, 1.4.2003, p. 66).

2. The Treaty of Amsterdam of 2 October 1997 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts is hereby repealed (OJ C 340, 10.11.1997, p. 1).

3. The Treaty of Nice of 26 February 2001 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts is hereby repealed (OJ C 80, 10.3.2001, p. 1).

Article 2

1. Without prejudice to the application of Article III-432 of the Constitution and Article 189 of the Treaty establishing the European Atomic Energy Community, the representatives of the Governments of the Member States shall adopt by common accord the necessary provisions for the purpose of dealing with certain problems particular to the Grand Duchy of Luxembourg which arise from the creation of a Single Council and a Single Commission of the European Communities.

2. The Act concerning the election of representatives of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom (OJ L 278, 8.10.1976, p. 1), as it stands at the time of entry into force of the Treaty establishing a Constitution for Europe remains in force. In order to bring it into line with the Constitution, this Act is hereby amended as follows:

(a) Article 1(3) shall be deleted.

(b) This amendment does not concern the English text.

(c) In Article 6(2), the words "of 8 April 1965" shall be deleted; and the term "European Communities" shall be replaced by "European Union".

(d) In the second indent of Article 7(1), the term "Commission of the European Communities" shall be replaced by "European Commission".

(e) In the third indent of Article 7(1), the phrase "Court of Justice of the European Communities or of the Court of First Instance" shall be replaced by "Court of Justice of the European Union".

(f) In the fifth indent of Article 7(1), the term "Court of Auditors of the European Communities" shall be replaced by "Court of Auditors".

(g) In the sixth indent of Article 7(1), the term "Ombudsman of the European Communities" shall be replaced by "European Ombudsman".

(h) In the seventh indent of Article 7(1), the phrase "of the European Economic Community and of the European Atomic Energy Community" shall be replaced by "of the European Union".

(i) In the ninth indent of Article 7(1), the phrase "pursuant to the Treaties establishing the European Economic Community and the European Atomic Energy Community" shall be replaced by "pursuant to the Treaty establishing a Constitution for Europe and the Treaty establishing the European Atomic Energy Community"; and the term "Communities'" shall be replaced by "Union's".

(j) In the eleventh indent of Article 7(1), the phrase "institutions of the European Communities or of the specialised bodies attached to them or of the European Central Bank" shall be replaced by "institutions, bodies, offices or agencies of the European Union".

(k) The indents of Article 7(1) shall become points (a) to (k) respectively.

(l) The indents of the second subparagraph of Article 7(2) shall become points (a) and (b) respectively.

(m) In the second subparagraph of Article 11(2), the term "Community" shall be replaced by "Union"; the word "determine" shall be replaced by "adopt a European decision which shall determine"; and the words "preceding subparagraph" shall be replaced by "first subparagraph".

(n) In Article 11(3), the phrase "without prejudice to Article 139 of the Treaty establishing the European Community" shall be replaced by "without prejudice to Article III-336 of the Constitution".

(o) In Article 14, the term "a proposal" shall be replaced by "an initiative"; and the phrase "adopt such measures" shall be replaced by "adopt the necessary European regulations or decisions".

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