COMMISSION OPINION on a draft European Council decision in favour of examining the proposed amendment of the Treaties concerning the addition of a Protocol on the concerns of the Irish people on the Treaty of Lisbon
Date: 2012-05-04
Institutions: European Commission
Subjects: Ireland, protocol to an agreement, referendum, revision of the Treaty (EU)

EUROPEAN COMMISSION 

Brussels, 4.5.2012  
COM(2012) 198 final 

COMMISSION OPINION 

on a draft European Council decision in favour of examining the proposed amendment 
of the Treaties concerning the addition of a Protocol on the concerns of the Irish people 
on the Treaty of Lisbon 

EN 

   EN 

 
 
 
 
  
 
COMMISSION OPINION 

on a draft European Council decision in favour of examining the proposed amendment 
of the Treaties concerning the addition of a Protocol on the concerns of the Irish people 
on the Treaty of Lisbon 

THE EUROPEAN COMMISSION, 

Having regard to the Treaty on European Union, and in particular Article 48(3) thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

 Taking note of the outcome of the Irish referendum of 12 June 2008 on the Treaty of 
Lisbon,  the  European  Council,  at  its  meeting  on  11  and  12  December  2008,  agreed 
that the concerns of the Irish people, as presented by the Taoiseach, relating to taxation 
policy,  the  right  to  life,  education  and  the  family  and  Ireland's  traditional  policy  of 
military  neutrality  should  be  addressed  to  the  mutual  satisfaction  of  Ireland  and  the 
other Member States, by way of the necessary legal guarantees.  

 The Heads of State or Government, meeting within the European Council on 18 and 
19 June 2009, agreed on a Decision on the concerns of the Irish people on the Treaty 
of Lisbon in relation to the right to life, family and education,  taxation, and security 
and defence (hereinafter: the "Decision"). The Heads of State or Government agreed 
that  the  Decision  should  take  effect  on  the  date  of  entry  into  force  of  the  Treaty  of 
Lisbon.  

 The  Heads  of  State  or  Government  declared  that  the  Decision  was  fully  compatible 
with the Treaty of Lisbon and would not necessitate any re-ratification of that Treaty. 
The  Heads  of  State  or  Government  also  declared  that  they  would,  at  the  time  of  the 
conclusion  of  the  next  accession  treaty,  set  out  the  provisions  of  the  Decision,  in 
accordance with their respective constitutional requirements, in a Protocol that would 
be attached to the Treaty on European Union and the Treaty on the Functioning of the 
European Union. In that connection, the Heads of State or Government declared that 
this Protocol would in no way alter the relationship between the EU and its Member 
States, that its sole purpose would be to give full Treaty status to the clarifications set 
out in the Decision to meet the concerns of the Irish people, that its status would be no 
different from similar clarifications in Protocols obtained by other Member States and 
that it would clarify but not change either the content or the application of the Treaty 
of Lisbon. 

 Having  been  approved  by  the  Irish  referendum  of  2  October  2009,  the  Treaty  of 
Lisbon entered into force on 1 December 2009. 

 On  20  July  2011,  the  Irish  Government  submitted  to  the  Council  a  proposal,  in 
accordance with Article 48(2) TEU, for the amendment of the Treaties concerning the 
addition of a Protocol on the concerns of the Irish people on the Treaty of Lisbon. 

 The President of the European Council wrote to the Commission on 25 October 2011 
requesting its opinion on that proposal.  

EN 

2 

   EN 

 
(7) 

 The Commission notes that the agreement among the Heads of State or Government 
on an amendment of the Treaties concerning the addition of a Protocol on the concerns 
of the Irish people on the Treaty of Lisbon has been reached in a specific context.  

HAS DELIVERED A FAVOURABLE OPINION 

on a draft European Council decision in favour of examining the proposed amendment of the 
Treaties  concerning  the  addition  of  a  Protocol  on  the  concerns  of  the  Irish  people  on  the 
Treaty of Lisbon. 

This opinion is addressed to the European Council. 

EN 

3 

   EN