ddrg/super_eurlex huggingface dataset:
Protocol (No 22)

on Denmark (1992)

THE HIGH CONTRACTING PARTIES,

DESIRING to settle certain particular problems relating to Denmark,

HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing the European Community:

The provisions of Article 14 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank shall not affect the right of the National Bank of Denmark to carry out its existing tasks concerning those parts of the Kingdom of Denmark which are not part of the Community.

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Article 10

Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community. They shall facilitate the achievement of the Community's tasks.

They shall abstain from any measure which could jeopardise the attainment of the objectives of this Treaty.

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12006E295

Treaty establishing the European Community (consolidated version) - Part Six - General and final provisions - Article 295



Official Journal C 321 E , 29/12/2006 P. 0173 - 0173

Official Journal C 325 , 24/12/2002 P. 0148 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0296 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0075 - Consolidated version

(EEC Treaty - no official publication available)
Article 193

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.

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Article 143

The Commission shall draw up a report each year on progress in achieving the objectives of Article 136, including the demographic situation in the Community. It shall forward the report to the European Parliament, the Council and the Economic and Social Committee.

The European Parliament may invite the Commission to draw up reports on particular problems concerning the social situation.

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Article 231

If the action is well founded, the Court of Justice shall declare the act concerned to be void.

In the case of a regulation, however, the Court of Justice shall, if it considers this necessary, state which of the effects of the regulation which it has declared void shall be considered as definitive.

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12006E187

Treaty establishing the European Community (consolidated version) - Part Four - Association of the overseas countries and territories - Article 187



Official Journal C 321 E , 29/12/2006 P. 0130 - 0130

Official Journal C 325 , 24/12/2002 P. 0113 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0259 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0055 - Consolidated version

(EEC Treaty - no official publication available)
Article 96

Where the Commission finds that a difference between the provisions laid down by law, regulation or administrative action in Member States is distorting the conditions of competition in the common market and that the resultant distortion needs to be eliminated, it shall consult the Member States concerned.

If such consultation does not result in an agreement eliminating the distortion in question, the Council shall, on a proposal from the Commission, acting by a qualified majority, issue the necessary directives. The Commission and the Council may take any other appropriate measures provided for in this Treaty.

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12006E089

Treaty establishing the European Community (consolidated version) - Part Three - Community policies - TITLE VI - Common rules on competition, taxation and approximation of laws - Chapter 2 - Tax provisions - Article 89



Official Journal C 321 E , 29/12/2006 P. 0078 - 0078

Official Journal C 325 , 24/12/2002 P. 0068 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0212 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0031 - Consolidated version

(EEC Treaty - no official publication available)
Article 50

Services shall be considered to be "services" within the meaning of this Treaty where they are normally provided for remuneration, in so far as they are not governed by the provisions relating to freedom of movement for goods, capital and persons.

"Services" shall in particular include:

(a) activities of an industrial character;

(b) activities of a commercial character;

(c) activities of craftsmen;

(d) activities of the professions.

Without prejudice to the provisions of the Chapter relating to the right of establishment, the person providing a service may, in order to do so, temporarily pursue his activity in the State where the service is provided, under the same conditions as are imposed by that State on its own nationals.

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12006E284

Treaty establishing the European Community (consolidated version) - Part Six - General and final provisions - Article 284



Official Journal C 321 E , 29/12/2006 P. 0171 - 0171

Official Journal C 325 , 24/12/2002 P. 0146 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0294 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0075 - Consolidated version

(EEC Treaty - no official publication available)
Article 268

All items of revenue and expenditure of the Community, including those relating to the European Social Fund, shall be included in estimates to be drawn up for each financial year and shall be shown in the budget.

Administrative expenditure occasioned for the institutions by the provisions of the Treaty on European Union relating to common foreign and security policy and to cooperation in the fields of justice and home affairs shall be charged to the budget. The operational expenditure occasioned by the implementation of the said provisions may, under the conditions referred to therein, be charged to the budget.

The revenue and expenditure shown in the budget shall be in balance.

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Article 190 [3]

1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be elected by direct universal suffrage.

2. The number of representatives elected in each Member State shall be as follows:

Belgium | 24 |

Czech Republic | 24 |

Denmark | 14 |

Germany | 99 |

Estonia | 6 |

Greece | 24 |

Spain | 54 |

France | 78 |

Ireland | 13 |

Italy | 78 |

Cyprus | 6 |

Latvia | 9 |

Lithuania | 13 |

Luxembourg | 6 |

Hungary | 24 |

Malta | 5 |

Netherlands | 27 |

Austria | 18 |

Poland | 54 |

Portugal | 24 |

Slovenia | 7 |

Slovakia | 14 |

Finland | 14 |

Sweden | 19 |

United Kingdom | 78 |

In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States brought together in the Community.

3. Representatives shall be elected for a term of five years.

4. The European Parliament shall draw up a proposal for elections by direct universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to 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 provisions, which it shall recommend to Member States for adoption in accordance with their respective constitutional requirements.

5. The European Parliament, after seeking an opinion from the Commission and with the approval of the Council acting by a qualified majority, shall lay down the regulations and general conditions governing the performance of the duties of its Members. All rules or conditions relating to the taxation of Members or former Members shall require unanimity within the Council.

[3] Article amended by the 2003 Act of Accession. See Appendix at the end of this publication.

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12006E026

Treaty establishing the European Community (consolidated version) - Part Three - Community policies - TITLE I - Free movement of goods - Chapter 1 - The Customs Union - Article 26



Official Journal C 321 E , 29/12/2006 P. 0052 - 0052

Official Journal C 325 , 24/12/2002 P. 0046 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0188 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0015 - Consolidated version

(EEC Treaty - no official publication available)
Article 167

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.

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12006E289

Treaty establishing the European Community (consolidated version) - Part Six - General and final provisions - Article 289



Official Journal C 321 E , 29/12/2006 P. 0172 - 0172

Official Journal C 325 , 24/12/2002 P. 0147 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0295 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0075 - Consolidated version

(EEC Treaty - no official publication available)
Article 257

An Economic and Social Committee is hereby established. It shall have advisory status.

The Committee shall consist of representatives of the various economic and social components of organised civil society, and in particular representatives of producers, farmers, carriers, workers, dealers, craftsmen, professional occupations, consumers and the general interest.

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Treaty establishing the European Community (consolidated version) - Part Six - General and final provisions - Article 283



Official Journal C 321 E , 29/12/2006 P. 0171 - 0171

Official Journal C 325 , 24/12/2002 P. 0146 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0293 - Consolidated version



Article 283 The Council shall, acting by a qualified majority on a proposal from the Commission and after consulting the other institutions concerned, lay down the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of those Communities. --------------------------------------------------
Article 140

With a view to achieving the objectives of Article 136 and without prejudice to the other provisions of this Treaty, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters relating to:

- employment,

- labour law and working conditions,

- basic and advanced vocational training,

- social security,

- prevention of occupational accidents and diseases,

- occupational hygiene,

- the right of association and collective bargaining between employers and workers.

To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations.

Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.

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Article 223

The Judges and Advocates-General of the Court of Justice shall be chosen from persons whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are jurisconsults of recognised competence; they shall be appointed by common accord of the governments of the Member States for a term of six years.

Every three years there shall be a partial replacement of the Judges and Advocates-General, in accordance with the conditions laid down in the Statute of the Court of Justice.

The Judges shall elect the President of the Court of Justice from among their number for a term of three years. He may be re-elected.

Retiring Judges and Advocates-General may be reappointed.

The Court of Justice shall appoint its Registrar and lay down the rules governing his service.

The Court of Justice shall establish its Rules of Procedure. Those Rules shall require the approval of the Council, acting by a qualified majority.

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Article 49

Within the framework of the provisions set out below, restrictions on freedom to provide services within the Community shall be prohibited 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 by a qualified majority on a proposal from the Commission, extend the provisions of the Chapter to nationals of a third country who provide services and who are established within the Community.

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Article 196

The European Parliament shall hold an annual session. It shall meet, without requiring to be convened, on the second Tuesday in March.

The European Parliament may meet in extraordinary session at the request of a majority of its Members or at the request of the Council or of the Commission.

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Article 220

The Court of Justice and the Court of First Instance, each within its jurisdiction, shall ensure that in the interpretation and application of this Treaty the law is observed.

In addition, judicial panels may be attached to the Court of First Instance under the conditions laid down in Article 225a in order to exercise, in certain specific areas, the judicial competence laid down in this Treaty.

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Article 207

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. The Committee may adopt procedural decisions in cases provided for in the Council's Rules of Procedure.

2. The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary-General, High Representative for the common foreign and security policy, who shall be assisted by a Deputy Secretary-General responsible for the running of the General Secretariat. The Secretary-General and the Deputy Secretary-General shall be appointed by the Council acting by a qualified majority.

The Council shall decide on the organisation of the General Secretariat.

3. The Council shall adopt its Rules of Procedure.

For the purpose of applying Article 255(3), the Council shall elaborate in these Rules the conditions under which the public shall have access to Council documents. For the purpose of this paragraph, the Council shall define the cases in which it is to be regarded as acting in its legislative capacity, with a view to allowing greater access to documents in those cases, while at the same time preserving the effectiveness of its decision-making process. In any event, when the Council acts in its legislative capacity, the results of votes and explanations of vote as well as statements in the minutes shall be made public.

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Article 102

1. Any measure, not based on prudential considerations, establishing privileged access by Community institutions or bodies, central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of Member States to financial institutions, shall be prohibited.

2. The Council, acting in accordance with the procedure referred to in Article 252, shall, before 1 January 1994, specify definitions for the application of the prohibition referred to in paragraph 1.

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Article 150

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 of the Member States for the content and organisation 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 organisations in the sphere of vocational training.

4. The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt measures to contribute to the achievement of the objectives referred to in this Article, excluding any harmonisation of the laws and regulations of the Member States.

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Article 305

1. The provisions of this Treaty shall not affect the provisions of the Treaty establishing the European Coal and Steel Community, in particular as regards the rights and obligations of Member States, the powers of the institutions of that Community and the rules laid down by that Treaty for the functioning of the common market in coal and steel.

2. The provisions of this Treaty shall not derogate from those of the Treaty establishing the European Atomic Energy Community.

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Treaty establishing the European Community (consolidated version) - Part Three - Community policies - TITLE I - Free movement of goods - Chapter 2 - Prohibition of quantitative restrictions between Member States - Article 30



Official Journal C 321 E , 29/12/2006 P. 0053 - 0053

Official Journal C 325 , 24/12/2002 P. 0047 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0189 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0016 - Consolidated version

(EEC Treaty - no official publication available)



Article 30 The provisions of Articles 28 and 29 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. --------------------------------------------------
AMENDMENTS TO PRIMARY LEGISLATION FURTHER TO THE ACCESSION OF THE REPUBLIC OF BULGARIA AND ROMANIA TO THE EUROPEAN UNION

Further to the entry in force of the Treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union, the following articles shall be amended as set out below.

II. TREATY ESTABLISHING THE EUROPEAN COMMUNITY

1. The last sentence of Article 57(1) shall be replaced by the following:

"In respect of restrictions existing under national law in Bulgaria, Estonia and Hungary, the relevant date shall be 31 December 1999."

2. The second paragraph of Article 189 shall be replaced by the following:

"The number of Members of the European Parliament shall not exceed 736."

3. With effect from the start of the 2009-2014 term, in Article 190(2) the first subparagraph shall be replaced by the following:

"2. The number of representatives elected in each Member State shall be as follows:

Belgium | 22 |

Bulgaria | 17 |

Czech Republic | 22 |

Denmark | 13 |

Germany | 99 |

Estonia | 6 |

Greece | 22 |

Spain | 50 |

France | 72 |

Ireland | 12 |

Italy | 72 |

Cyprus | 6 |

Latvia | 8 |

Lithuania | 12 |

Luxembourg | 6 |

Hungary | 22 |

Malta | 5 |

Netherlands | 25 |

Austria | 17 |

Poland | 50 |

Portugal | 22 |

Romania | 33 |

Slovenia | 7 |

Slovakia | 13 |

Finland | 13 |

Sweden | 18 |

United Kingdom | 72." |

4. In Article 205(2), the following shall be inserted in the first subparagraph:

"Bulgaria | 10 |

Romania | 14". |

5. In Article 205(2), the second and third subparagraphs shall be replaced by the following:

"Acts of the Council shall require for their adoption at least 255 votes in favour cast by a majority of the members where this Treaty requires them to be adopted on a proposal from the Commission.

In other cases, for their adoption acts of the Council shall require at least 255 votes in favour, cast by at least two-thirds of the members."

6. In Article 258, the following shall be inserted in the second subparagraph:

"Bulgaria | 12 |

Romania | 15". |

7. In Article 263, the following shall be inserted in the third subparagraph:

"Bulgaria | 12 |

Romania | 15". |

8. In Article 299(1), the Republic of Bulgaria and Romania shall be inserted in the list of Member States.

9. The second paragraph of Article 314 shall be replaced by the following:

"Pursuant to the Accession Treaties, the Bulgarian, Czech, Danish, English, Estonian, Finnish, Greek, Hungarian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish versions of this Treaty shall also be authentic."

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17. Declaration concerning primacy

The Conference recalls that, in accordance with well settled case law of the Court of Justice of the European Union, the Treaties and the law adopted by the Union on the basis of the Treaties have primacy over the law of Member States, under the conditions laid down by the said case law.

The Conference has also decided to attach as an Annex to this Final Act the Opinion of the Council Legal Service on the primacy of EC law as set out in 11197/07 (JUR 260):

"Opinion of the Council Legal Service

of 22 June 2007

It results from the case-law of the Court of Justice that primacy of EC law is a cornerstone principle of Community law. According to the Court, this principle is inherent to the specific nature of the European Community. At the time of the first judgment of this established case law (Costa/ENEL, 15 July 1964, Case 6/641 [1] there was no mention of primacy in the treaty. It is still the case today. The fact that the principle of primacy will not be included in the future treaty shall not in any way change the existence of the principle and the existing case-law of the Court of Justice.

[1] "It follows (…) that the law stemming from the treaty, an independent source of law, could not, because of its special and original nature, be overridden by domestic legal provisions, however framed, without being deprived of its character as Community law and without the legal basis of the Community itself being called into question.""

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