Consolidated treaties, Charter of Fundamental Rights 2016.
Date: 2017-02-08
Institutions: General Secretariat of the Council
Subjects: EU Charter of Fundamental Rights, European treaties, Treaty on European Union, Treaty on the Functioning of the EU, consolidation of EU law

EUROPEAN UNION

CONSOLIDATED TREATIES

CHARTER OF FUNDAMENTAL 
RIGHTS

2016

EN

7.6.2016 

EN 

Official Journal of the European Union 

C  202/1

CONSOLIDATED  VERSIONS 

OF  THE  TREATY  ON  EUROPEAN  UNION 

AND 

THE  TREATY  ON  THE  FUNCTIONING 

OF  THE  EUROPEAN  UNION 

(2016/C  202/01)

 
Note to the reader

This publication contains the consolidated versions of the Treaty on European Union (“TEU”) and of the Treaty on 
the  Functioning  of  the  European  Union  (“TFEU”),  together  with  the  annexes  and  protocols  thereto,  as  they  result 
from the amendments introduced by the Treaty of Lisbon, which was signed on 13 December 2007 in Lisbon and 
which  entered  into  force  on  1  December  2009.  It  also  contains  the  declarations  annexed  to  the  Final  Act  of  the 
Intergovernmental Conference which adopted the Treaty of Lisbon.

In  addition,  this  publication  contains  an  amendment  effected  by  the  Protocol  amending  the  Protocol  on  Transitional 
Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the 
Treaty establishing the European Atomic Energy Community and an amendment effected by Regulation (EU, Euratom) No 
741/2012 of the European Parliament and of the Council of 11 August 2012 amending the Protocol on the Statute of the 
Court of Justice of the European Union and Annex I thereto, as well the amendments effected by European Council Decisions 
2010/718/EU and 2012/419/EU of 29 October 2010 and of 11 July 2012 amending respectively the status with regard to the 
European Union of the island of Saint-Barthélemy and of Mayotte. Furthermore, this publication contains the addition of 
paragraph 3 to Article 136 TFEU, effected by European Council Decision 2011/199/EU of 25 March 2011 amending Article 
136 of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose 
currency is the euro, following the completion of the ratification procedures of the Member States. This publication also 
contains the amendments brought about by the Act of Accession of the Republic of Croatia, as well as adding the Protocol 
on the concerns of the Irish people on the Treaty of Lisbon, which has been ratified by all the Member States. This publication 
also contains amendments effected by Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council 
of 16 December 2015 amending the Protocol on the Statute of the Court of Justice of the European Union.

This publication also contains the corrigenda that were approved up to March 2016.

This publication also contains the Charter of Fundamental Rights of the European Union which was proclaimed at Strasbourg 
on 12 December 2007 by the European Parliament, the Council and the Commission (OJ C 303, 14.12.2007, p. 1). This text 
repeats and adapts the Charter proclaimed on 7 December 2000, and replaces it with effect from 1 December 2009, the date 
of entry into force of the Treaty of Lisbon. By virtue of the first subparagraph of Article 6(1) of the Treaty on European Union, 
the Charter proclaimed in 2007 has the same legal value as the Treaties.

This  publication  has  been  produced  for  documentary  purposes  and  does  not  involve  the  responsibility  of  the 
institutions of the European Union.

More information on the European Union is available on the internet (http://europa.eu).

Luxembourg: Publications Office of the European Union, 2016

Previous edition: 2010

ISBN 978-92-824-5198-4 

Print 
Print Corrigenda  QC-04-15-137-EN-K
PDF 
EPUB 

ISBN 978-92-824-5946-1 
ISBN 978-92-824-5952-2 

doi:10.2860/64457 

QC-04-15-137-EN-C

doi:10.2860/332941 
doi:10.2860/91320 

QC-01-16-985-EN-N
QC-01-16-985-EN-E

© European Union, 2016 
Reuse is authorised provided the source is acknowledged.

Cover picture: © European Union

7.6.2016 

EN 

Official Journal of the European Union 

C  202/3
3

Table  of  Contents 

CONSOLIDATED  VERSION  OF  THE  TREATY  ON  EUROPEAN  UNION  .  .  .  .  .  . 

PREAMBLE 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  I 

COMMON  PROVISIONS 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  II 

PROVISIONS  ON  DEMOCRATIC  PRINCIPLES  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  III 

PROVISIONS  ON  THE  INSTITUTIONS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  IV 

PROVISIONS  ON  ENHANCED  COOPERATION 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  V 

GENERAL  PROVISIONS  ON  THE  UNION'S  EXTERNAL  ACTION  AND 
SPECIFIC  PROVISIONS  ON  THE  COMMON  FOREIGN  AND  SECURITY 
POLICY  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  1  General  provisions  on  the  Union's  external  action 

.  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  2 

Specific  provisions  on  the  common  foreign  and  security  policy 

.  .  .  . 

Section  1  Common  provisions 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Section  2 

Provisions  on  the  common  security  and  defence  policy 

.  .  .  .  .  .  . 

TITLE  VI 

FINAL  PROVISIONS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

CONSOLIDATED  VERSION  OF  THE  TREATY  ON  THE  FUNCTIONING  OF  THE 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
EUROPEAN  UNION 

PREAMBLE 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

PART  ONE 

PRINCIPLES  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  I 

CATEGORIES  AND  AREAS  OF  UNION  COMPETENCE  .  .  .  .  .  .  .  .  .  . 

TITLE  II 

PROVISIONS  HAVING  GENERAL  APPLICATION 

.  .  .  .  .  .  .  .  .  .  .  .  .  . 

PART  TWO 

NON-DISCRIMINATION  AND  CITIZENSHIP  OF  THE  UNION  .  .  .  .  .  . 

PART  THREE  UNION  POLICIES  AND  INTERNAL  ACTIONS 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  I 

THE  INTERNAL  MARKET 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  II 

FREE  MOVEMENT  OF  GOODS 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  1  The  customs  union 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Page 

13 

15 

16 

20 

22 

27 

28 

28 

30 

30 

38 

41 

47 

49 

50 

50 

53 

56 

59 

59 

59 

60

Table of Contents 
C  202/4 
4

EN 

Official Journal of the European Union 

7.6.2016

Chapter  2  Customs  cooperation  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  3  Prohibition  of  quantitative  restrictions  between  Member  States 

.  . 

TITLE  III 

AGRICULTURE  AND  FISHERIES 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  IV 

FREE  MOVEMENT  OF  PERSONS,  SERVICES  AND  CAPITAL  .  .  .  .  .  . 

Chapter  1  Workers 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  2  Right  of  establishment  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  3  Services  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  4  Capital  and  payments  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  V 

AREA  OF  FREEDOM,  SECURITY  AND  JUSTICE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  1  General  provisions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  2  Policies  on  border  checks,  asylum  and  immigration 

.  .  .  .  .  .  .  .  .  . 

Chapter  3 

Judicial  cooperation  in  civil  matters 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  4 

Judicial  cooperation  in  criminal  matters 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  5  Police  cooperation  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  VI 

TRANSPORT  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  VII 

COMMON  RULES  ON  COMPETITION,  TAXATION  AND  APPROXI­
MATION  OF  LAWS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  1  Rules  on  competition  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Section  1  Rules  applying  to  undertakings  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Section  2  Aids  granted  by  States  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  2  Tax  provisions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  3  Approximation  of  laws 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  VIII 

ECONOMIC  AND  MONETARY  POLICY  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  1  Economic  policy 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Page 

61 

61 

62 

65 

65 

67 

70 

71 

73 

73 

75 

78 

79 

83 

85 

88 

88 

88 

91 

93 

94 

96 

97 

Chapter  2  Monetary  policy  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

102 

Chapter  3 

Institutional  provisions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

105

Consolidated Treaties 
C  202/4 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/5
5

Page 

Chapter  2  Customs  cooperation  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  4  Provisions  specific  to  Member  States  whose  currency  is  the  euro 

106 

Chapter  3  Prohibition  of  quantitative  restrictions  between  Member  States 

.  . 

Chapter  5  Transitional  provisions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

107 

TITLE  IX 

EMPLOYMENT  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

112 

TITLE  X 

SOCIAL  POLICY 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

114 

TITLE  XI 

THE  EUROPEAN  SOCIAL  FUND 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

119 

TITLE  XII 

EDUCATION,  VOCATIONAL  TRAINING,  YOUTH  AND  SPORT  .  .  . 

120 

TITLE  XIII 

CULTURE 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

121 

TITLE  XIV 

PUBLIC  HEALTH  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

122 

TITLE  XV 

CONSUMER  PROTECTION 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

124 

TITLE  XVI 

TRANS-EUROPEAN  NETWORKS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

124 

TITLE  XVII 

INDUSTRY 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

126 

TITLE  XVIII  ECONOMIC,  SOCIAL  AND  TERRITORIAL  COHESION  .  .  .  .  .  .  .  .  .  . 

127 

TITLE  XIX  RESEARCH  AND  TECHNOLOGICAL  DEVELOPMENT  AND  SPACE 

128 

TITLE  XX 

ENVIRONMENT  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

132 

TITLE  XXI 

ENERGY 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

134 

TITLE  VI 

TRANSPORT  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  XXII  TOURISM 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

135 

TITLE  XXIII  CIVIL  PROTECTION 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

135 

TITLE  XXIV  ADMINISTRATIVE  COOPERATION 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

136 

PART  FOUR  ASSOCIATION  OF  THE  OVERSEAS  COUNTRIES  AND  TERRITORIES 

137 

PART  FIVE 

THE  UNION'S  EXTERNAL  ACTION  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

139 

TITLE  I 

GENERAL  PROVISIONS  ON  THE  UNION'S  EXTERNAL  ACTION 

.  . 

139 

TITLE  II 

COMMON  COMMERCIAL  POLICY  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

139 

TITLE  III 

COOPERATION  WITH  THIRD  COUNTRIES  AND  HUMANITARIAN 
AID  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

141 

Chapter  1  Development  cooperation  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

141 

Chapter  2  Economic, 

financial 

and 

technical 

cooperation  with 

third 

countries  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

142 

Chapter  3 

Institutional  provisions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

105

Chapter  3  Humanitarian  aid  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

143

TITLE  III 

AGRICULTURE  AND  FISHERIES 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  IV 

FREE  MOVEMENT  OF  PERSONS,  SERVICES  AND  CAPITAL  .  .  .  .  .  . 

Chapter  1  Workers 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  2  Right  of  establishment  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  3  Services  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  4  Capital  and  payments  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  V 

AREA  OF  FREEDOM,  SECURITY  AND  JUSTICE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  1  General  provisions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  2  Policies  on  border  checks,  asylum  and  immigration 

.  .  .  .  .  .  .  .  .  . 

Chapter  3 

Judicial  cooperation  in  civil  matters 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  4 

Judicial  cooperation  in  criminal  matters 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  5  Police  cooperation  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  VII 

COMMON  RULES  ON  COMPETITION,  TAXATION  AND  APPROXI­

MATION  OF  LAWS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  1  Rules  on  competition  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Section  1  Rules  applying  to  undertakings  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Section  2  Aids  granted  by  States  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  2  Tax  provisions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  3  Approximation  of  laws 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  VIII 

ECONOMIC  AND  MONETARY  POLICY  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  1  Economic  policy 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Chapter  2  Monetary  policy  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

102 

Page 

61 

61 

62 

65 

65 

67 

70 

71 

73 

73 

75 

78 

79 

83 

85 

88 

88 

88 

91 

93 

94 

96 

97 

Table of Contents 
 
C  202/6 
6

EN 

Official Journal of the European Union 

7.6.2016

TITLE  IV 

RESTRICTIVE  MEASURES 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

144 

TITLE  V 

INTERNATIONAL  AGREEMENTS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

144 

Page 

TITLE  VI 

UNION'S 

THE 
INTERNATIONAL 
ORGANISATIONS  AND  THIRD  COUNTRIES  AND  UNION  DELE- 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
GATIONS 

RELATIONS 

WITH 

147 

TITLE  VII 

SOLIDARITY  CLAUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

148 

PART  SIX 

INSTITUTIONAL  AND  FINANCIAL  PROVISIONS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

149 

TITLE  I 

INSTITUTIONAL  PROVISIONS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

149 

Chapter  1  The  institutions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

149 

Section  1  The  European  Parliament  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

149 

Section  2  The  European  Council  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

152 

Section  3  The  Council  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

153 

Section  4  The  Commission  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

155 

Section  5  The  Court  of  Justice  of  the  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  . 

157 

Section  6  The  European  Central  Bank 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

167 

Section  7  The  Court  of  Auditors  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

169 

Chapter  2  Legal  acts  of 

the  Union,  adoption  procedures  and  other 

provisions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

171 

Section  1  The  legal  acts  of  the  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

171 

Section  2 

Procedures  for  the  adoption  of  acts  and  other  provisions  .  .  . 

173 

Chapter  3  The  Union's  advisory  bodies  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

177 

Section  1  The  Economic  and  Social  Committee  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

177 

Section  2  The  Committee  of  the  Regions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

178 

Chapter  4  The  European  Investment  Bank 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

180 

TITLE  II 

FINANCIAL  PROVISIONS 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

181 

Chapter  1  The  Union's  own  resources 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

181 

Chapter  2  The  multiannual  financial  framework 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

182 

Chapter  3  The  Union's  annual  budget 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

183 

Chapter  4 

Implementation  of  the  budget  and  discharge 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

186

Consolidated Treaties 
Page 

TITLE  IV 

RESTRICTIVE  MEASURES 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

144 

TITLE  V 

INTERNATIONAL  AGREEMENTS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

144 

TITLE  VI 

THE 

UNION'S 

RELATIONS 

WITH 

INTERNATIONAL 

ORGANISATIONS  AND  THIRD  COUNTRIES  AND  UNION  DELE- 

GATIONS 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

147 

C  202/6 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/7
7

Page 

Chapter  5  Common  provisions 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

187 

Chapter  6  Combatting  fraud  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

188 

TITLE  III 

ENHANCED  COOPERATION  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

189 

TITLE  VII 

SOLIDARITY  CLAUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

148 

PART  SEVEN  GENERAL  AND  FINAL  PROVISIONS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

192 

PART  SIX 

INSTITUTIONAL  AND  FINANCIAL  PROVISIONS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

149 

PROTOCOLS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

201 

TITLE  I 

INSTITUTIONAL  PROVISIONS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

149 

Chapter  1  The  institutions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

149 

Section  1  The  European  Parliament  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

149 

Protocol  (No  1) 

on  the  role  of  National  Parliaments  in  the  European  Union 

.  .  . 

203 

Protocol  (No  2) 

on  the  application  of  the  principles  of  subsidiarity  and  propor­
tionality  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

206 

Section  2  The  European  Council  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

152 

Protocol  (No  3) 

on  the  statute  of  the  Court  of  Justice  of  the  European  Union 

210 

Section  3  The  Council  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

153 

Section  4  The  Commission  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

155 

Protocol  (No  4) 

on  the  statute  of  the  European  System  of  Central  Banks  and  of 
the  European  Central  Bank  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

230 

Section  5  The  Court  of  Justice  of  the  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  . 

157 

Protocol  (No  5) 

on  the  statute  of  the  European  Investment  Bank 

.  .  .  .  .  .  .  .  .  .  . 

251 

Section  6  The  European  Central  Bank 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

167 

Section  7  The  Court  of  Auditors  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

169 

Chapter  2  Legal  acts  of 

the  Union,  adoption  procedures  and  other 

provisions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

171 

Section  1  The  legal  acts  of  the  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

171 

Section  2 

Procedures  for  the  adoption  of  acts  and  other  provisions  .  .  . 

173 

Chapter  3  The  Union's  advisory  bodies  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

177 

Section  1  The  Economic  and  Social  Committee  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

177 

Section  2  The  Committee  of  the  Regions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

178 

Chapter  4  The  European  Investment  Bank 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

180 

TITLE  II 

FINANCIAL  PROVISIONS 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

181 

Chapter  1  The  Union's  own  resources 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

181 

Chapter  2  The  multiannual  financial  framework 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

182 

Chapter  3  The  Union's  annual  budget 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

183 

Protocol  (No  6) 

on  the  location  of  the  seats  of  the  institutions  and  of  certain 
bodies,  offices,  agencies  and  departments  of  the  European  Union 

265 

Protocol  (No  7) 

on  the  privileges  and  immunities  of  the  European  Union  .  .  .  .  . 

266 

Protocol  (No  8) 

relating  to  article  6(2)  of  the  Treaty  on  European  Union  on  the 
accession  of  the  Union  to  the  European  Convention  on  the 
Protection  of  Human  Rights  and  Fundamental  Freedoms  .  .  .  .  .  . 

273 

Protocol  (No  9) 

on  the  decision  of  the  Council  relating  to  the  implementation  of 
Article  16(4) of the Treaty on European Union and article  238(2) 
of  the  Treaty  on  the  Functioning  of  the  European  Union  between 
1  November  2014  and  31  March 2017  on  the  one  hand,  and  as 
from  1  april  2017  on  the  other  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Protocol  (No  10) 

on  permanent structured cooperation established by  Article  42  of 
the  Treaty  on  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

274 

275 

Protocol  (No  11) 

on  Article  42  of  the  Treaty  on  European  Union 

.  .  .  .  .  .  .  .  .  .  . 

278 

Protocol  (No  12) 

on  the  excessive  deficit  procedure 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

279 

Protocol  (No  13) 

on  the  convergence  criteria 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

281 

Chapter  4 

Implementation  of  the  budget  and  discharge 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

186

Protocol  (No  14) 

on  the  Euro  Group 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

283

Table of Contents 
 
 8/202 C
8

EN 

 noinU naeporuE eht fo lanruoJ laiciffO

6102.6.7

Page 

Protocol  (No  15) 

on  certain  provisions  relating  to  the  United  Kingdom  of  Great 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Britain  and  Northern  Ireland 

284 

Protocol  (No  16) 

on  certain  provisions  relating  to  Denmark 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

287 

Protocol  (No  17) 

on  Denmark 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

288 

Protocol  (No  18) 

on  France 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

289 

Protocol  (No  19) 

on  the  Schengen  acquis  integrated  into  the  framework  of  the 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
European  Union 

290 

Protocol  (No  20) 

on  the  application  of  certain  aspects  of  Article  26  of  the  Treaty 
on  the  Functioning  of  the  European  Union  to  the  United 
Kingdom  and  to  Ireland  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Protocol  (No  21) 

on  the  position  of  the  United  Kingdom  and  Ireland  in  respect  of 
the  area  of  freedom,  security  and  justice  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

293 

295 

Protocol  (No  22) 

on  the  position  of  Denmark 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

298 

Protocol  (No  23) 

on  external  relations  of  the  Member  States  with  regard  to  the 
crossing  of  external  borders  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

303 

Protocol  (No  24) 

on  asylum  for  nationals  of  Member  States  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

304 

Protocol  (No  25) 

on  the  exercise  of  shared  competence 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

306 

Protocol  (No  26) 

on  services  of  general  interest 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

307 

Protocol  (No  27) 

on  the  internal  market  and  competition  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

308 

Protocol  (No  28) 

on  economic,  social  and  territorial  cohesion  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

309 

Protocol  (No  29) 

on  the  system  of  public  broadcasting  in  the  Member  States 

.  .  . 

311 

Protocol  (No  30) 

on  the  application  of  the  Charter  of  Fundamental  Rights  of  the 
European  Union  to  Poland  and  to  the  United  Kingdom 
.  .  .  .  .  . 

312 

Protocol  (No  31) 

concerning 
into  the  European  Union  of  petroleum 
products  refined  in  the  Netherlands  Antilles  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

imports 

314 

Protocol  (No  32) 

on  the  acquisition  of  property  in  Denmark 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

317 

Protocol  (No  33) 

concerning  Article  157  of  the  Treaty  on  the  Functioning  of  the 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
European  Union 

318

Consolidated Treaties 
 8/202 C

EN 

 noinU naeporuE eht fo lanruoJ laiciffO

6102.6.7

Page 

 6102.6.7

 6102.6.7
 6102.6.7

EN 

EN 
EN 

 noinU naeporuE eht fo lanruoJ laiciffO

 noinU naeporuE eht fo lanruoJ laiciffO
 noinU naeporuE eht fo lanruoJ laiciffO

Protocol  (No  34) 

on  special  arrangements  for  Greenland  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

ANNEX  I 
ANNEX  II 
ANNEX  II 

on  special  arrangements  for  Greenland  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Protocol  (No  34) 
on  Article  40.3.3  of  the  Constitution  of  Ireland  .  .  .  .  .  .  .  .  .  .  .  . 
Protocol  (No  35) 
Protocol  (No  34) 
on  special  arrangements  for  Greenland  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
on  Article  40.3.3  of  the  constitution  of  Ireland  .  .  .  .  .  .  .  .  .  .  .  . 
Protocol  (No  35) 
on  transitional  provisions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Protocol  (No  36) 
Protocol  (No  35) 
on  Article  40.3.3  of  the  constitution  of  Ireland  .  .  .  .  .  .  .  .  .  .  .  . 
on  transitional  provisions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Protocol  (No  36) 
on  the  financial  consequences  of  the  expiry  of  the  ECSC  Treaty 
Protocol  (No  37) 
Protocol  (No  36) 
on  transitional  provisions  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
and  on  the  Research  fund  for  Coal  and  Steel  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
on the concerns of the Irish people on the Treaty of Lisbon   .  .  .  .  .  . 
Protocol  (No  38) 
on the concerns of the Irish people on the Treaty of Lisbon   .  .  .  .  .  . 
Protocol  (No  38) 
ANNEXES  TO  THE  TREATY  ON  THE  FUNCTIONING  OF  THE  EUROPEAN 
UNION  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
ANNEXES  TO  THE  TREATY  ON  THE  FUNCTIONING  OF  THE  EUROPEAN 
UNION  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
ANNEXES  TO  THE  TREATY  ON  THE  FUNCTIONING  OF  THE  EUROPEAN 
ANNEX  I 
List  referred  to  in  Article  38  of  the  Treaty  on  the  Functioning  of  the 
UNION  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
European  Union 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
List  referred  to  in  Article  38  of  the  Treaty  on  the  Functioning  of  the 
ANNEX  I 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
European  Union 
List  referred  to  in  Article  38  of  the  Treaty  on  the  Functioning  of  the 
Overseas  countries  and  territories  to  which  the  provisions  of  Part  Four  of 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
European  Union 
the  Treaty  on  the  Functioning  of  the  European  Union  Apply  .  .  .  .  .  .  . 
Overseas  countries  and  territories  to  which  the  provisions  of  Part  Four  of 
the  Treaty  on  the  Functioning  of  the  European  Union  Apply  .  .  .  .  .  .  . 
Overseas  countries  and  territories  to  which  the  provisions  of  Part  Four  of 
ANNEX  II 
DECLARATIONS  annexed  to  the  final  Act  of  the  Intergovernmental  Conference  which 
the  Treaty  on  the  Functioning  of  the  European  Union  Apply  .  .  .  .  .  .  . 
adopted  the  Treaty  of  Lisbon,  signed  on  13  December  2007  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
DECLARATIONS  annexed  to  the  final  Act  of  the  Intergovernmental  Conference  which 
adopted  the  Treaty  of  Lisbon,  signed  on  13  December  2007  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
DECLARATIONS  annexed  to  the  final  Act  of  the  Intergovernmental  Conference  which 
.  .  .  .  .  .  .  .  .  .  . 
A.  DECLARATIONS  CONCERNING  PROVISIONS  OF  THE  TREATIES 
adopted  the  Treaty  of  Lisbon,  signed  on  13  December  2007  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
.  .  .  .  .  .  .  .  .  .  . 
A.  DECLARATIONS  CONCERNING  PROVISIONS  OF  THE  TREATIES 
Declaration  concerning  the  Charter  of  Fundamental  Rights  of  the  European 
1. 
.  .  .  .  .  .  .  .  .  .  . 
A.  DECLARATIONS  CONCERNING  PROVISIONS  OF  THE  TREATIES 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  concerning  the  Charter  of  Fundamental  Rights  of  the  European 
1. 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  concerning  the  Charter  of  Fundamental  Rights  of  the  European 
.  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  on  Article  6(2)  of  the  Treaty  on  European  Union 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
.  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  on  Article  6(2)  of  the  Treaty  on  European  Union 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  on  Article  8  of  the  Treaty  on  European  Union 
.  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  on  Article  6(2)  of  the  Treaty  on  European  Union 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  on  Article  8  of  the  Treaty  on  European  Union 
Declaration  on  the  composition  of  the  European  Parliament  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  on  Article  8  of  the  Treaty  on  European  Union 
Declaration  on  the  composition  of  the  European  Parliament  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  on  the  political  agreement  by  the  European  Council  concerning  the 
Declaration  on  the  composition  of  the  European  Parliament  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  on  the  political  agreement  by  the  European  Council  concerning  the 
draft  Decision  on  the  composition  of  the  European  Parliament  .  .  .  .  .  .  .  .  .  .  .  .  . 
draft  Decision  on  the  composition  of  the  European  Parliament  .  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  on  the  political  agreement  by  the  European  Council  concerning  the 
Declaration  on  Article  15(5)  and  (6),  Article  17(6)  and  (7)  and  Article  18  of  the 
draft  Decision  on  the  composition  of  the  European  Parliament  .  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  on  Article  15(5)  and  (6),  Article  17(6)  and  (7)  and  Article  18  of  the 
Treaty  on  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Treaty  on  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  on  Article  15(5)  and  (6),  Article  17(6)  and  (7)  and  Article  18  of  the 
Declaration on  Article  16(4)  of  the Treaty on  European Union  and  Article  238(2) 
Treaty  on  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration on  Article  16(4)  of  the  Treaty on  European Union  and  Article  238(2) 
of  the  Treaty  on  the  Functioning  of  the  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
of  the  Treaty  on  the  Functioning  of  the  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration on  Article  16(4)  of  the Treaty on  European Union  and  Article  238(2) 
Declaration  on  practical  measures  to  be  taken  upon  the  entry  into  force  of  the 
of  the  Treaty  on  the  Functioning  of  the  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Declaration  on  practical  measures  to  be  taken  upon  the  entry  into  force  of  the 
Treaty  of  Lisbon  as  regards  the  Presidency  of  the  European  Council  and  of  the 
Treaty  of  Lisbon  as  regards  the  Presidency  of  the  European  Council  and  of  the 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Foreign  Affairs  Council 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Foreign  Affairs  Council 
Declaration  on  practical  measures  to  be  taken  upon  the  entry  into  force  of  the 
Treaty  of  Lisbon  as  regards  the  Presidency  of  the  European  Council  and  of  the 
Declaration  on  Article  16(9)  of  the  Treaty  on  European  Union  concerning  the 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 
Foreign  Affairs  Council 
Declaration  on  Article  16(9)  of  the  Treaty  on  European  Union  concerning  the 
European  Council  decision  on  the  exercise  of  the  Presidency  of  the  Council  .  .  . 
European  Council  decision  on  the  exercise  of  the  Presidency  of  the  Council  .  .  . 
Declaration  on  Article  16(9)  of  the  Treaty  on  European  Union  concerning  the 
.  .  .  .  .  .  .  .  .  .  .  .  .  . 
European  Council  decision  on  the  exercise  of  the  Presidency  of  the  Council  .  .  . 
.  .  .  .  .  .  .  .  .  .  .  .  .  . 

9. 
10.  Declaration  on  Article  17  of  the  Treaty  on  European  Union 
10.  Declaration  on  Article  17  of  the  Treaty  on  European  Union 

1. 
2. 
2. 
3. 
2. 
3. 
4. 
3. 
4. 
5. 
4. 
5. 

5. 
6. 
6. 

6. 
7. 
7. 

7. 
8. 
8. 

9. 
9. 

8. 

11.  Declaration  on  Article  17(6)  and  (7)  of  the  Treaty  on  European  Union 
11.  Declaration  on  Article  17(6)  and  (7)  of  the  Treaty  on  European  Union 
10.  Declaration  on  Article  17  of  the  Treaty  on  European  Union 

.  .  .  .  .  . 
.  .  .  .  .  . 
.  .  .  .  .  .  .  .  .  .  .  .  .  . 

12.  Declaration  on  Article  18  of  the  Treaty  on  European  Union 
12.  Declaration  on  Article  18  of  the  Treaty  on  European  Union 
11.  Declaration  on  Article  17(6)  and  (7)  of  the  Treaty  on  European  Union 

.  .  .  .  .  .  .  .  .  .  .  .  .  . 
.  .  .  .  .  .  .  .  .  .  .  .  .  . 
.  .  .  .  .  . 

Protocol  (No  15) 

on  certain  provisions  relating  to  the  United  Kingdom  of  Great 

Britain  and  Northern  Ireland 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

284 

Protocol  (No  16) 

on  certain  provisions  relating  to  Denmark 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

287 

Protocol  (No  17) 

on  Denmark 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

288 

Protocol  (No  18) 

on  France 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

289 

Protocol  (No  19) 

on  the  Schengen  acquis  integrated  into  the  framework  of  the 

European  Union 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

290 

Protocol  (No  20) 

on  the  application  of  certain  aspects  of  Article  26  of  the  Treaty 

on  the  Functioning  of  the  European  Union  to  the  United 

Kingdom  and  to  Ireland  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

293 

Protocol  (No  21) 

on  the  position  of  the  United  Kingdom  and  Ireland  in  respect  of 

the  area  of  freedom,  security  and  justice  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

295 

Protocol  (No  22) 

on  the  position  of  Denmark 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

298 

Protocol  (No  23) 

on  external  relations  of  the  Member  States  with  regard  to  the 

crossing  of  external  borders  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

303 

Protocol  (No  24) 

on  asylum  for  nationals  of  Member  States  of  the  European 

Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

304 

Protocol  (No  25) 

on  the  exercise  of  shared  competence 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

306 

Protocol  (No  26) 

on  services  of  general  interest 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

307 

Protocol  (No  27) 

on  the  internal  market  and  competition  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

308 

Protocol  (No  28) 

on  economic,  social  and  territorial  cohesion  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

309 

Protocol  (No  29) 

on  the  system  of  public  broadcasting  in  the  Member  States 

.  .  . 

311 

Protocol  (No  30) 

on  the  application  of  the  Charter  of  Fundamental  Rights  of  the 

European  Union  to  Poland  and  to  the  United  Kingdom 

.  .  .  .  .  . 

312 

Protocol  (No  31) 

concerning 

imports 

into  the  European  Union  of  petroleum 

products  refined  in  the  Netherlands  Antilles  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

314 

Protocol  (No  32) 

on  the  acquisition  of  property  in  Denmark 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

317 

Protocol  (No  33) 

concerning  Article  157  of  the  Treaty  on  the  Functioning  of  the 

European  Union 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

318

9/202 C
9

9/202 C
9/202 C

Page 

Page 
319 
Page 

319 
320 
319 
320 
321 
320 
321 
321 
327 
328
328

333 

331
329 
335 

333 

331 
338 
336 

334 
339 
337 
341
335 
339

337 
341 
339 
341 
337 
339 
341 
337 
339 
341 
337 
339 

337 
341 
339 

337 
342 
340 

338 
342 
340 

338 

344
342

340 
345 
343 

346 
341 
344 

346 
344 
342 

346
344
342 

12.  Declaration  on  Article  18  of  the  Treaty  on  European  Union 

.  .  .  .  .  .  .  .  .  .  .  .  .  . 

342

Table of Contents 
 
 
 
 
 
 01/202 C
10

EN 

 noinU naeporuE eht fo lanruoJ laiciffO

6102.6.7

Page 

13.  Declaration  concerning  the  common  foreign  and  security  policy  .  .  .  .  .  .  .  .  .  .  .  . 

345

14.  Declaration  concerning  the  common  foreign  and  security  policy  .  .  .  .  .  .  .  .  .  .  .  . 

345

15.  Declaration  on  Article  27  of  the  Treaty  on  European  Union 

.  .  .  .  .  .  .  .  .  .  .  .  .  . 

345

16.  Declaration  on  Article  55(2)  of  the  Treaty  on  European  Union 

.  .  .  .  .  .  .  .  .  .  .  . 

346

17.  Declaration  concerning  primacy  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

346

18.  Declaration  in  relation  to  the  delimitation  of  competences 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

346

19.  Declaration  on  Article  8  of  the  Treaty  on  the  Functioning  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

20.  Declaration  on  Article  16  of  the  Treaty  on  the  Functioning  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

21.  Declaration  on  the  protection  of  personal  data  in  the  fields  of  judicial  cooperation 
in  criminal  matters  and  police  cooperation  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

22.  Declaration  on  Articles  48  and  79  of  the  Treaty  on  the  Functioning  of  the 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

European  Union 

23.  Declaration  on  the  second  paragraph  of  Article  48  of  the  Treaty  on  the  Func
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

tioning  of  the  European  Union 

347

347

347 

348 

348 

24.  Declaration  concerning  the  legal  personality  of  the  European  Union  .  .  .  .  .  .  .  .  . 

348

25.  Declaration  on  Articles  75  and  215  of  the  Treaty  on  the  Functioning  of  the 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

European  Union 

26.  Declaration on  non-participation by  a Member State  in  a  measure based on  Title V 
of  Part  Three  of  the  Treaty  on  the  Functioning  of  the  European  Union  .  .  .  .  .  . 

27.  Declaration  on  Article  85(1),  second  subparagraph,  of  the  Treaty  on  the  Func-
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

tioning  of  the  European  Union 

348 

348

349 

28.  Declaration  on  Article  98  of  the  Treaty  on  the  Functioning  of  the  European 

Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

349 

29.  Declaration on  Article  107(2)(c)  of  the Treaty on  the  Functioning of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

30.  Declaration  on  Article  126  of  the  Treaty  on  the  Functioning  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

31.  Declaration  on  Article  156  of  the  Treaty  on  the  Functioning  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

32.  Declaration on  Article  168(4)(c)  of  the Treaty on  the  Functioning of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

33.  Declaration  on  Article  174  of  the  Treaty  on  the  Functioning  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

34.  Declaration  on  Article  179  of  the  Treaty  on  the  Functioning  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

35.  Declaration  on  Article  194  of  the  Treaty  on  the  Functioning  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

349 

349 

350

350 

351 

351

351

Consolidated Treaties 
 01/202 C

EN 

 noinU naeporuE eht fo lanruoJ laiciffO

6102.6.7

 6102.6.7

EN 

 noinU naeporuE eht fo lanruoJ laiciffO

11/202 C
11

Page 

13.  Declaration  concerning  the  common  foreign  and  security  policy  .  .  .  .  .  .  .  .  .  .  .  . 

345

14.  Declaration  concerning  the  common  foreign  and  security  policy  .  .  .  .  .  .  .  .  .  .  .  . 

345

15.  Declaration  on  Article  27  of  the  Treaty  on  European  Union 

.  .  .  .  .  .  .  .  .  .  .  .  .  . 

345

16.  Declaration  on  Article  55(2)  of  the  Treaty  on  European  Union 

.  .  .  .  .  .  .  .  .  .  .  . 

346

17.  Declaration  concerning  primacy  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

346

18.  Declaration  in  relation  to  the  delimitation  of  competences 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

346

19.  Declaration  on  Article  8  of  the  Treaty  on  the  Functioning  of  the  European 

Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

347

20.  Declaration  on  Article  16  of  the  Treaty  on  the  Functioning  of  the  European 

Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

347

21.  Declaration  on  the  protection  of  personal  data  in  the  fields  of  judicial  cooperation 

in  criminal  matters  and  police  cooperation  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

347 

22.  Declaration  on  Articles  48  and  79  of  the  Treaty  on  the  Functioning  of  the 

European  Union 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

348 

23.  Declaration  on  the  second  paragraph  of  Article  48  of  the  Treaty  on  the  Func

tioning  of  the  European  Union 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

348 

24.  Declaration  concerning  the  legal  personality  of  the  European  Union  .  .  .  .  .  .  .  .  . 

348

25.  Declaration  on  Articles  75  and  215  of  the  Treaty  on  the  Functioning  of  the 

European  Union 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

348 

26.  Declaration on  non-participation by  a Member State  in  a  measure based on  Title V 

of  Part  Three  of  the  Treaty  on  the  Functioning  of  the  European  Union  .  .  .  .  .  . 

348

28.  Declaration  on  Article  98  of  the  Treaty  on  the  Functioning  of  the  European 

Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

349 

29.  Declaration on  Article  107(2)(c)  of  the Treaty on  the  Functioning of  the  European 

Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

349 

30.  Declaration  on  Article  126  of  the  Treaty  on  the  Functioning  of  the  European 

Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

349 

31.  Declaration  on  Article  156  of  the  Treaty  on  the  Functioning  of  the  European 

Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

350

32.  Declaration on  Article  168(4)(c)  of  the Treaty on  the  Functioning of  the  European 

Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

350 

33.  Declaration  on  Article  174  of  the  Treaty  on  the  Functioning  of  the  European 

Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

351 

34.  Declaration  on  Article  179  of  the  Treaty  on  the  Functioning  of  the  European 

Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

351

36.  Declaration  on  Article  218  of  the  Treaty  on  the  Functioning  of  the  European 
Union  concerning  the  negotiation  and  conclusion  of  international  agreements  by 
Member  States  relating  to  the  area  of  freedom,  security  and  justice  .  .  .  .  .  .  .  .  .  . 

37.  Declaration  on  Article  222  of  the  Treaty  on  the  Functioning  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

38.  Declaration  on  Article  252  of  the  Treaty  on  the  Functioning  of  the  European 
.  .  .  . 
Union  regarding  the  number  of  Advocates-General  in  the  Court  of  Justice 

39.  Declaration  on  Article  290  of  the  Treaty  on  the  Functioning  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Page 

351 

351

352

352

40.  Declaration  on  Article  329  of  the  Treaty  on  the  Functioning  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

352 

41.  Declaration  on  Article  352  of  the  Treaty  on  the  Functioning  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

42.  Declaration  on  Article  352  of  the  Treaty  on  the  Functioning  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

43.  Declaration  on  Article  355(6)  of  the  Treaty  on  the  Functioning  of  the  European 
Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

352

353

353

B.  DECLARATIONS  CONCERNING  PROTOCOLS  ANNEXED  TO  THE  TREATIES 

.  . 

354

27.  Declaration  on  Article  85(1),  second  subparagraph,  of  the  Treaty  on  the  Func-

tioning  of  the  European  Union 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

349 

46.  Declaration on  Article  5(3)  of  the Protocol on  the Schengen acquis integrated into 
the  framework  of  the  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

47.  Declaration  on  Article  5(3),  (4)  and  (5)  of  the  Protocol  on  the  Schengen  acquis 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

integrated  into  the  framework  of  the  European  Union 

44.  Declaration  on  Article  5  of  the  Protocol  on  the  Schengen  acquis  integrated  into 
the  framework  of  the  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

45.  Declaration on  Article  5(2)  of  the Protocol on  the Schengen acquis integrated into 
the  framework  of  the  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

354

354

354 

354

48.  Declaration  concerning  the  Protocol  on  the  position  of  Denmark  .  .  .  .  .  .  .  .  .  .  . 

355

49.  Declaration  concerning  Italy  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

355 

50.  Declaration  concerning  Article  10  of  the  Protocol  on  transitional  provisions 

356

C.  DECLARATIONS  BY  MEMBER  STATES 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

357

51.  Declaration  by  the  Kingdom  of  Belgium  on  national  Parliaments 

.  .  .  .  .  .  .  .  .  .  . 

357 

35.  Declaration  on  Article  194  of  the  Treaty  on  the  Functioning  of  the  European 

Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

351

53.  Declaration  by  the  Czech  Republic  on  the  Charter  of  Fundamental  Rights  of  the 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

European  Union 

52.  Declaration  by  the  Kingdom  of  Belgium,  the  Republic  of  Bulgaria,  the  Federal 
Republic  of  Germany,  the  Hellenic  Republic,  the  Kingdom  of  Spain,  the  Italian 
Republic,  the  Republic  of  Cyprus,  the  Republic  of  Lithuania,  the  Grand-Duchy  of 
Luxembourg,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of 
Austria,  the  Portuguese  Republic,  Romania,  the  Republic  of  Slovenia  and  the 
Slovak  Republic  on  the  symbols  of  the  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

357 

357

Table of Contents 
 
 21/202 C
12

EN 

 noinU naeporuE eht fo lanruoJ laiciffO

6102.6.7

54.  Declaration by  the  Federal Republic of  Germany, Ireland, the  Republic of  Hungary, 
the  Republic  of  Austria  and  the  Kingdom  of  Sweden  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

55.  Declaration  by  the  Kingdom  of  Spain  and  the  United  Kingdom  of  Great  Britain 
and  Northern  Ireland  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

56.  Declaration  by  Ireland  on  Article  3  of  the  Protocol  on  the  position  of  the  United 
Kingdom  and  Ireland  in  respect  of  the  area  of  freedom,  security  and  justice  .  .  . 

57.  Declaration  by  the  Italian  Republic  on  the  composition  of  the  European 
Parliament  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

58.  Declaration  by  the  Republic  of  Latvia,  the  Republic  of  Hungary  and  the  Republic 
.  .  . 
of  Malta  on  the  spelling  of  the  name  of  the  single  currency  in  the  Treaties 

59.  Declaration  by  the  Kingdom  of  the  Netherlands  on  Article  312  of  the  Treaty  on 
the  Functioning  of  the  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

60.  Declaration  by  the  Kingdom  of  the  Netherlands  on  Article  355  of  the  Treaty  on 
the  Functioning  of  the  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

61.  Declaration  by  the  Republic  of  Poland  on  the  Charter  of  Fundamental  Rights  of 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

the  European  Union 

62.  Declaration  by  the  Republic  of  Poland  concerning  the  Protocol  on  the  application 
of  the  Charter of  Fundamental  Rights  of  the  European  Union  in  relation  to  Poland 
and  the  United  Kingdom  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

63.  Declaration  by  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  on  the 
definition  of  the  term  "nationals"  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

64.  Declaration  by  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  on  the 
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

franchise  for  elections  to  the  European  Parliament 

Page 

358

358 

358 

359 

359 

359 

360 

360 

360

360

360

65.  Declaration  by  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  on 
.  .  .  .  .  .  .  . 

Article  75  of  the  Treaty  on  the  Functioning  of  the  European  Union 

361 

Tables  of  equivalences  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

363

Treaty  on  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

363

Treaty  on  the  Functioning  of  the  European  Union 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

368

Consolidated Treaties 
 21/202 C

EN 

 noinU naeporuE eht fo lanruoJ laiciffO

6102.6.7

7.6.2016 

EN 

Official Journal of the European Union 

C  202/13

Page 

54.  Declaration by  the  Federal Republic of  Germany, Ireland, the  Republic of  Hungary, 

the  Republic  of  Austria  and  the  Kingdom  of  Sweden  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

358

55.  Declaration  by  the  Kingdom  of  Spain  and  the  United  Kingdom  of  Great  Britain 

and  Northern  Ireland  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

358 

56.  Declaration  by  Ireland  on  Article  3  of  the  Protocol  on  the  position  of  the  United 

Kingdom  and  Ireland  in  respect  of  the  area  of  freedom,  security  and  justice  .  .  . 

358 

57.  Declaration  by  the  Italian  Republic  on  the  composition  of  the  European 

Parliament  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

359 

58.  Declaration  by  the  Republic  of  Latvia,  the  Republic  of  Hungary  and  the  Republic 

of  Malta  on  the  spelling  of  the  name  of  the  single  currency  in  the  Treaties 

.  .  . 

359 

59.  Declaration  by  the  Kingdom  of  the  Netherlands  on  Article  312  of  the  Treaty  on 

the  Functioning  of  the  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

359 

60.  Declaration  by  the  Kingdom  of  the  Netherlands  on  Article  355  of  the  Treaty  on 

the  Functioning  of  the  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

360 

61.  Declaration  by  the  Republic  of  Poland  on  the  Charter  of  Fundamental  Rights  of 

the  European  Union 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

360 

62.  Declaration  by  the  Republic  of  Poland  concerning  the  Protocol  on  the  application 

of  the  Charter of  Fundamental  Rights  of  the  European  Union  in  relation  to  Poland 

and  the  United  Kingdom  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

360

63.  Declaration  by  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  on  the 

definition  of  the  term  "nationals"  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

360

64.  Declaration  by  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  on  the 

franchise  for  elections  to  the  European  Parliament 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

360

65.  Declaration  by  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  on 

Article  75  of  the  Treaty  on  the  Functioning  of  the  European  Union 

.  .  .  .  .  .  .  . 

361 

Tables  of  equivalences  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

363

Treaty  on  European  Union  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

363

Treaty  on  the  Functioning  of  the  European  Union 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

368

CONSOLIDATED  VERSION  OF 

THE  TREATY  ON  EUROPEAN  UNION

 
 
7.6.2016 

EN 

Official Journal of the European Union 

C  202/15 
15

PREAMBLE 

HIS  MAJESTY  THE  KING  OF  THE  BELGIANS,  HER  MAJESTY  THE  QUEEN  OF  DENMARK,  THE  PRESIDENT  OF  THE 
FEDERAL  REPUBLIC  OF  GERMANY,  THE  PRESIDENT  OF  IRELAND,  THE  PRESIDENT  OF  THE  HELLENIC  REPUBLIC, 
HIS  MAJESTY  THE  KING  OF  SPAIN,  THE  PRESIDENT  OF  THE  FRENCH  REPUBLIC,  THE  PRESIDENT  OF  THE  ITALIAN 
REPUBLIC,  HIS  ROYAL  HIGHNESS  THE  GRAND  DUKE  OF  LUXEMBOURG,  HER  MAJESTY  THE  QUEEN  OF 
THE  NETHERLANDS,  THE  PRESIDENT  OF  THE  PORTUGUESE  REPUBLIC,  HER  MAJESTY  THE  QUEEN  OF 
THE  UNITED  KINGDOM  OF  GREAT  BRITAIN  AND  NORTHERN  IRELAND, ( 1 ) 

RESOLVED  to  mark  a  new  stage  in  the  process  of  European  integration  undertaken  with  the  estab­
lishment  of  the  European  Communities, 

DRAWING  INSPIRATION  from  the  cultural,  religious  and  humanist  inheritance  of  Europe,  from  which 
have  developed  the  universal  values  of  the  inviolable  and  inalienable  rights  of  the  human  person, 
freedom,  democracy,  equality  and  the  rule  of  law, 

RECALLING  the  historic  importance  of  the  ending  of  the  division  of  the  European  continent  and  the 
need  to  create  firm  bases  for  the  construction  of  the  future  Europe, 

CONFIRMING  their  attachment  to  the  principles  of  liberty,  democracy  and  respect  for  human  rights 
and  fundamental  freedoms  and  of  the  rule  of  law, 

CONFIRMING their  attachment  to  fundamental  social  rights  as  defined  in  the  European  Social  Charter 
signed  at  Turin  on  18  October  1961  and  in  the  1989  Community  Charter  of  the  Fundamental 
Social  Rights  of  Workers, 

DESIRING  to  deepen  the  solidarity  between  their  peoples  while  respecting  their  history,  their  culture 
and  their  traditions, 

DESIRING  to  enhance  further  the  democratic  and  efficient  functioning  of  the  institutions  so  as  to 
enable  them  better  to  carry  out,  within  a  single  institutional  framework,  the  tasks  entrusted  to  them, 

RESOLVED  to  achieve  the  strengthening  and  the  convergence  of  their  economies  and  to  establish  an 
economic  and  monetary  union  including,  in  accordance  with  the  provisions  of  this  Treaty  and  of  the 
Treaty  on  the  Functioning  of  the  European  Union,  a  single  and  stable  currency, 

DETERMINED  to  promote  economic  and  social  progress  for  their  peoples,  taking  into  account  the 
principle  of  sustainable  development  and  within  the  context  of  the  accomplishment  of  the  internal 
market  and  of  reinforced cohesion  and  environmental  protection,  and  to  implement  policies  ensuring 
that  advances  in  economic  integration  are  accompanied  by  parallel  progress  in  other  fields,

( 1 )  The  Republic  of  Bulgaria,  the  Czech  Republic,  the  Republic  of  Estonia,  the  Republic  of  Croatia,  the  Republic  of 
Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the 
Republic  of  Austria,  the  Republic  of  Poland,  Romania,  the  Republic  of  Slovenia,  the  Slovak  Republic,  the  Republic 
of  Finland  and  the  Kingdom  of  Sweden  have  since  become  members  of  the  European  Union.

Consolidated version of the treaty on european union 
C  202/16 
16

EN 

Official Journal of the European Union 

7.6.2016 

RESOLVED  to  establish  a  citizenship  common  to  nationals  of  their  countries, 

RESOLVED to  implement  a  common  foreign  and  security policy  including  the  progressive  framing  of  a 
common  defence  policy,  which  might  lead  to  a  common  defence  in  accordance  with  the  provisions 
of  Article  42,  thereby  reinforcing  the  European  identity  and  its  independence  in  order  to  promote 
peace,  security  and  progress  in  Europe  and  in  the  world, 

RESOLVED  to  facilitate  the  free  movement  of  persons,  while  ensuring  the  safety  and  security  of  their 
peoples,  by  establishing  an  area  of  freedom,  security  and  justice,  in  accordance  with  the  provisions  of 
this  Treaty  and  of  the  Treaty  on  the  Functioning  of  the  European  Union, 

RESOLVED to  continue  the  process  of  creating  an  ever  closer  union  among  the  peoples  of  Europe,  in 
which  decisions  are  taken  as  closely  as  possible  to  the  citizen  in  accordance  with  the  principle  of 
subsidiarity, 

IN  VIEW  of  further  steps  to  be  taken  in  order  to  advance  European  integration, 

HAVE  DECIDED  to  establish  a  European  Union  and  to  this  end  have  designated  as  their  Plenipoten­
tiaries: 

(List  of  plenipotentiaries  not  reproduced) 

WHO,  having  exchanged  their  full  powers,  found  in  good  and  due  form,  have  agreed  as  follows: 

TITLE  I 
COMMON  PROVISIONS 

Article  1 
(ex  Article  1  TEU) ( 1 ) 

By  this  Treaty,  the  HIGH  CONTRACTING  PARTIES  establish  among  themselves  a  EUROPEAN  UNION, 
hereinafter  called  ‘the  Union’,  on  which  the  Member  States  confer  competences  to  attain  objectives 
they  have  in  common. 

This  Treaty  marks  a  new  stage  in  the  process  of  creating  an  ever  closer  union  among  the  peoples  of 
Europe,  in  which  decisions  are  taken  as  openly  as  possible  and  as  closely  as  possible  to  the  citizen. 

The  Union  shall  be  founded  on  the  present  Treaty  and  on  the  Treaty  on  the  Functioning  of  the 
European  Union  (hereinafter  referred to  as  ‘the  Treaties’).  Those  two  Treaties shall  have  the  same  legal 
value.  The  Union  shall  replace  and  succeed  the  European  Community.

( 1 )  These  references  are  merely  indicative.  For  more  ample  information,  please  refer  to  the  tables  of  equivalences  between 

the  old  and  the  new  numbering  of  the  Treaties.

Consolidated Treaties 
C  202/16 

EN 

Official Journal of the European Union 

7.6.2016 

7.6.2016 

EN 

Official Journal of the European Union 

C  202/17
17

RESOLVED  to  establish  a  citizenship  common  to  nationals  of  their  countries, 

Article  2 

The  Union  is  founded  on  the  values  of  respect  for  human  dignity,  freedom,  democracy,  equality,  the 
rule  of  law  and  respect  for  human  rights,  including  the  rights  of  persons  belonging  to  minorities. 
These  values  are  common  to  the  Member  States  in  a  society  in  which  pluralism,  non-discrimination, 
tolerance,  justice,  solidarity  and  equality  between  women  and  men  prevail. 

Article  3 

(ex  Article  2  TEU) 

1. 

The  Union's  aim  is  to  promote  peace,  its  values  and  the  well-being  of  its  peoples. 

2. 
The  Union  shall  offer  its  citizens  an  area  of  freedom,  security  and  justice  without  internal 
frontiers,  in  which  the  free  movement  of  persons  is  ensured  in  conjunction  with  appropriate 
measures  with  respect  to  external  border  controls,  asylum,  immigration  and  the  prevention  and 
combating  of  crime. 

The  Union  shall  establish  an  internal  market.  It  shall  work  for  the  sustainable  development  of 
3. 
Europe  based  on  balanced  economic  growth  and  price  stability,  a  highly  competitive  social  market 
economy,  aiming  at  full  employment  and  social  progress,  and  a  high  level  of  protection  and 
improvement  of 
tech­
nological  advance. 

It  shall  promote  scientific  and 

the  environment. 

the  quality  of 

It  shall  combat  social  exclusion  and  discrimination,  and  shall  promote  social  justice  and  protection, 
equality  between  women  and  men,  solidarity  between  generations  and  protection  of  the  rights  of 
the  child. 

It  shall  promote  economic,  social  and  territorial  cohesion,  and  solidarity  among  Member  States. 

It  shall  respect  its  rich  cultural  and  linguistic  diversity,  and  shall  ensure  that  Europe's  cultural  heritage 
is  safeguarded  and  enhanced. 

4. 

The  Union  shall  establish  an  economic  and  monetary  union  whose  currency  is  the  euro. 

In  its  relations  with  the  wider  world,  the  Union  shall  uphold  and  promote  its  values  and 
5. 
interests  and  contribute  to  the  protection  of  its  citizens.  It  shall  contribute  to  peace,  security,  the 
sustainable  development  of  the  Earth,  solidarity  and  mutual  respect  among  peoples,  free  and  fair 
trade,  eradication  of  poverty  and  the  protection  of  human  rights,  in  particular  the  rights  of  the  child, 
as  well  as  to  the  strict  observance  and  the  development  of  international  law,  including  respect  for  the 
principles  of  the  United  Nations  Charter. 

The  Union  shall  pursue 

6. 
competences  which  are  conferred  upon  it  in  the  Treaties.

its  objectives  by  appropriate  means  commensurate  with  the 

RESOLVED to  implement  a  common  foreign  and  security policy  including  the  progressive  framing  of  a 

common  defence  policy,  which  might  lead  to  a  common  defence  in  accordance  with  the  provisions 

of  Article  42,  thereby  reinforcing  the  European  identity  and  its  independence  in  order  to  promote 

peace,  security  and  progress  in  Europe  and  in  the  world, 

RESOLVED  to  facilitate  the  free  movement  of  persons,  while  ensuring  the  safety  and  security  of  their 

peoples,  by  establishing  an  area  of  freedom,  security  and  justice,  in  accordance  with  the  provisions  of 

this  Treaty  and  of  the  Treaty  on  the  Functioning  of  the  European  Union, 

RESOLVED to  continue  the  process  of  creating  an  ever  closer  union  among  the  peoples  of  Europe,  in 

which  decisions  are  taken  as  closely  as  possible  to  the  citizen  in  accordance  with  the  principle  of 

IN  VIEW  of  further  steps  to  be  taken  in  order  to  advance  European  integration, 

HAVE  DECIDED  to  establish  a  European  Union  and  to  this  end  have  designated  as  their  Plenipoten­

subsidiarity, 

tiaries: 

(List  of  plenipotentiaries  not  reproduced) 

WHO,  having  exchanged  their  full  powers,  found  in  good  and  due  form,  have  agreed  as  follows: 

TITLE  I 

COMMON  PROVISIONS 

Article  1 

(ex  Article  1  TEU) ( 1 ) 

By  this  Treaty,  the  HIGH  CONTRACTING  PARTIES  establish  among  themselves  a  EUROPEAN  UNION, 

hereinafter  called  ‘the  Union’,  on  which  the  Member  States  confer  competences  to  attain  objectives 

they  have  in  common. 

This  Treaty  marks  a  new  stage  in  the  process  of  creating  an  ever  closer  union  among  the  peoples  of 

Europe,  in  which  decisions  are  taken  as  openly  as  possible  and  as  closely  as  possible  to  the  citizen. 

The  Union  shall  be  founded  on  the  present  Treaty  and  on  the  Treaty  on  the  Functioning  of  the 

European  Union  (hereinafter  referred to  as  ‘the  Treaties’).  Those  two  Treaties shall  have  the  same  legal 

value.  The  Union  shall  replace  and  succeed  the  European  Community.

( 1 )  These  references  are  merely  indicative.  For  more  ample  information,  please  refer  to  the  tables  of  equivalences  between 

the  old  and  the  new  numbering  of  the  Treaties.

Consolidated version of the treaty on european union 
 
C  202/18 
18

EN 

Official Journal of the European Union 

7.6.2016

In  accordance  with  Article  5,  competences  not  conferred  upon  the  Union  in  the  Treaties 

1. 
remain  with  the  Member  States. 

Article  4 

2. 
The  Union  shall  respect  the  equality  of  Member  States  before  the  Treaties  as  well  as  their 
national  identities,  inherent  in  their  fundamental  structures,  political  and  constitutional,  inclusive  of 
regional  and  local  self-government.  It  shall  respect  their  essential  State  functions,  including  ensuring 
the  territorial  integrity  of  the  State,  maintaining  law  and  order  and  safeguarding  national  security.  In 
particular,  national  security  remains  the  sole  responsibility  of  each  Member  State. 

Pursuant  to  the  principle  of  sincere  cooperation,  the  Union  and  the  Member  States  shall,  in  full 

3. 
mutual  respect,  assist  each  other  in  carrying  out  tasks  which  flow  from  the  Treaties. 

The  Member  States  shall  take  any  appropriate  measure,  general  or  particular,  to  ensure  fulfilment  of 
the  obligations  arising  out  of  the  Treaties  or  resulting  from  the  acts  of  the  institutions  of  the  Union. 

The  Member  States  shall  facilitate the  achievement  of  the  Union's  tasks  and  refrain  from  any  measure 
which  could  jeopardise  the  attainment  of  the  Union's  objectives. 

Article  5 

(ex  Article  5  TEC) 

The  limits  of  Union  competences  are  governed  by  the  principle  of  conferral.  The  use  of  Union 

1. 
competences  is  governed  by  the  principles  of  subsidiarity  and  proportionality. 

2. 
Under  the  principle  of  conferral,  the  Union  shall  act  only  within  the  limits  of  the  competences 
conferred  upon  it  by  the  Member  States  in  the  Treaties  to  attain  the  objectives  set  out  therein. 
Competences  not  conferred  upon  the  Union  in  the  Treaties  remain  with  the  Member  States. 

3. 
Under  the  principle  of  subsidiarity,  in  areas  which  do  not  fall  within  its  exclusive  competence, 
the  Union  shall  act  only  if  and  in  so  far  as  the  objectives  of  the  proposed  action  cannot  be 
sufficiently  achieved  by  the  Member  States,  either  at  central  level  or  at  regional  and  local  level, 
but  can  rather,  by  reason  of  the  scale  or  effects  of  the  proposed  action,  be  better  achieved  at 
Union  level. 

The  institutions  of  the  Union  shall  apply  the  principle  of  subsidiarity  as  laid  down  in  the  Protocol  on 
the  application  of  the  principles  of  subsidiarity  and  proportionality.  National  Parliaments  ensure 
compliance  with  the  principle  of  subsidiarity  in  accordance  with  the  procedure  set  out 
in 
that  Protocol. 

Under  the  principle  of  proportionality,  the  content  and  form  of  Union  action  shall  not  exceed 

4. 
what  is  necessary  to  achieve  the  objectives  of  the  Treaties. 

The  institutions  of  the  Union  shall apply the  principle of  proportionality as  laid  down  in  the  Protocol 
on  the  application  of  the  principles  of  subsidiarity  and  proportionality.

Consolidated Treaties 
C  202/18 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/19
19

1. 

In  accordance  with  Article  5,  competences  not  conferred  upon  the  Union  in  the  Treaties 

remain  with  the  Member  States. 

Article  4 

2. 

The  Union  shall  respect  the  equality  of  Member  States  before  the  Treaties  as  well  as  their 

national  identities,  inherent  in  their  fundamental  structures,  political  and  constitutional,  inclusive  of 

regional  and  local  self-government.  It  shall  respect  their  essential  State  functions,  including  ensuring 

the  territorial  integrity  of  the  State,  maintaining  law  and  order  and  safeguarding  national  security.  In 

particular,  national  security  remains  the  sole  responsibility  of  each  Member  State. 

Article  6 

(ex  Article  6  TEU) 

1. 
The  Union  recognises  the  rights,  freedoms  and  principles  set  out  in  the  Charter  of  Fundamental 
Rights  of  the  European  Union  of  7  December  2000,  as  adapted  at  Strasbourg,  on  12  December 
2007,  which  shall  have  the  same  legal  value  as  the  Treaties. 

The  provisions  of  the  Charter  shall  not  extend  in  any  way  the  competences  of  the  Union  as  defined 
in  the  Treaties. 

3. 

Pursuant  to  the  principle  of  sincere  cooperation,  the  Union  and  the  Member  States  shall,  in  full 

mutual  respect,  assist  each  other  in  carrying  out  tasks  which  flow  from  the  Treaties. 

The  rights,  freedoms  and  principles  in  the  Charter  shall  be  interpreted  in  accordance  with  the  general 
provisions  in  Title  VII  of  the  Charter governing  its  interpretation  and  application  and  with  due  regard 
to  the  explanations  referred  to  in  the  Charter,  that  set  out  the  sources  of  those  provisions. 

The  Member  States  shall  take  any  appropriate  measure,  general  or  particular,  to  ensure  fulfilment  of 

the  obligations  arising  out  of  the  Treaties  or  resulting  from  the  acts  of  the  institutions  of  the  Union. 

The  Member  States  shall  facilitate the  achievement  of  the  Union's  tasks  and  refrain  from  any  measure 

which  could  jeopardise  the  attainment  of  the  Union's  objectives. 

Article  5 

(ex  Article  5  TEC) 

1. 

The  limits  of  Union  competences  are  governed  by  the  principle  of  conferral.  The  use  of  Union 

competences  is  governed  by  the  principles  of  subsidiarity  and  proportionality. 

2. 

Under  the  principle  of  conferral,  the  Union  shall  act  only  within  the  limits  of  the  competences 

conferred  upon  it  by  the  Member  States  in  the  Treaties  to  attain  the  objectives  set  out  therein. 

Competences  not  conferred  upon  the  Union  in  the  Treaties  remain  with  the  Member  States. 

3. 

Under  the  principle  of  subsidiarity,  in  areas  which  do  not  fall  within  its  exclusive  competence, 

the  Union  shall  act  only  if  and  in  so  far  as  the  objectives  of  the  proposed  action  cannot  be 

sufficiently  achieved  by  the  Member  States,  either  at  central  level  or  at  regional  and  local  level, 

but  can  rather,  by  reason  of  the  scale  or  effects  of  the  proposed  action,  be  better  achieved  at 

Union  level. 

that  Protocol. 

The  institutions  of  the  Union  shall  apply  the  principle  of  subsidiarity  as  laid  down  in  the  Protocol  on 

the  application  of  the  principles  of  subsidiarity  and  proportionality.  National  Parliaments  ensure 

compliance  with  the  principle  of  subsidiarity  in  accordance  with  the  procedure  set  out 

in 

2. 
The  Union  shall  accede  to  the  European  Convention  for  the  Protection  of  Human  Rights  and 
Fundamental  Freedoms.  Such  accession  shall  not  affect  the  Union's  competences  as  defined  in 
the  Treaties. 

3. 
Fundamental  rights,  as  guaranteed  by  the  European  Convention  for  the  Protection  of 
Human  Rights  and  Fundamental  Freedoms  and  as  they  result  from  the  constitutional  traditions 
common  to  the  Member  States,  shall  constitute  general  principles  of  the  Union's  law. 

Article  7 

(ex  Article  7  TEU) 

1.  On  a  reasoned  proposal  by  one  third  of  the  Member  States,  by  the  European  Parliament  or  by 
the  European  Commission,  the  Council,  acting  by  a  majority  of  four  fifths  of  its  members  after 
obtaining  the  consent  of  the  European  Parliament,  may  determine  that  there  is  a  clear  risk  of  a 
serious  breach  by  a  Member  State  of  the  values  referred  to  in  Article  2.  Before  making  such  a 
determination,  the  Council  shall  hear  the  Member  State  in  question  and  may  address  recommen­
dations  to  it,  acting  in  accordance  with  the  same  procedure. 

The  Council  shall  regularly  verify  that  the  grounds  on  which  such  a  determination  was  made 
continue  to  apply. 

The  European  Council,  acting  by  unanimity  on  a  proposal  by  one  third  of  the  Member  States 
2. 
or  by  the  Commission  and  after  obtaining  the  consent  of  the  European  Parliament,  may  determine 
the  existence  of  a  serious  and  persistent  breach  by  a  Member  State  of  the  values  referred  to  in 
Article  2,  after  inviting  the  Member  State  in  question  to  submit  its  observations. 

4. 

Under  the  principle  of  proportionality,  the  content  and  form  of  Union  action  shall  not  exceed 

what  is  necessary  to  achieve  the  objectives  of  the  Treaties. 

The  institutions  of  the  Union  shall apply the  principle of  proportionality as  laid  down  in  the  Protocol 

on  the  application  of  the  principles  of  subsidiarity  and  proportionality.

3.  Where  a  determination  under  paragraph  2  has  been  made,  the  Council,  acting  by  a  qualified 
majority,  may  decide  to  suspend  certain  of  the  rights  deriving  from  the  application  of  the  Treaties  to 
the  Member  State  in  question,  including  the  voting  rights  of  the  representative  of  the  government  of 
that  Member  State  in  the  Council.  In  doing  so,  the  Council  shall  take  into  account  the  possible 
consequences  of  such  a  suspension  on  the  rights  and  obligations  of  natural  and  legal  persons.

Consolidated version of the treaty on european union 
 
C  202/20 
20

EN 

Official Journal of the European Union 

7.6.2016

The  obligations  of  the  Member  State  in  question  under  the  Treaties  shall  in  any  case  continue  to  be 
binding  on  that  State. 

4. 
The  Council,  acting  by  a  qualified  majority,  may  decide  subsequently  to  vary  or  revoke 
measures  taken  under  paragraph  3  in  response  to  changes  in  the  situation  which  led  to  their 
being  imposed. 

5. 
The  voting  arrangements  applying  to  the  European  Parliament,  the  European  Council  and 
the  Council  for  the  purposes  of  this  Article  are  laid  down  in  Article  354  of  the  Treaty  on  the 
Functioning  of  the  European  Union. 

1. 
The  Union  shall  develop  a  special  relationship  with  neighbouring  countries,  aiming  to  establish 
an  area  of  prosperity  and  good  neighbourliness,  founded  on  the  values  of  the  Union  and  char­
acterised  by  close  and  peaceful  relations  based  on  cooperation. 

Article  8 

2. 
For  the  purposes  of  paragraph  1,  the  Union  may  conclude  specific  agreements  with  the 
countries  concerned.  These  agreements  may  contain  reciprocal  rights  and  obligations  as  well  as 
the  possibility  of  undertaking  activities  jointly.  Their  implementation  shall  be  the  subject  of 
periodic  consultation. 

TITLE  II 

PROVISIONS  ON  DEMOCRATIC  PRINCIPLES 

Article  9 

In  all  its  activities,  the  Union  shall  observe  the  principle  of  the  equality  of  its  citizens,  who  shall 
receive  equal  attention  from  its  institutions,  bodies,  offices  and  agencies.  Every  national  of  a  Member 
State  shall  be  a  citizen  of  the  Union.  Citizenship  of  the  Union  shall  be  additional  to  and  not  replace 
national  citizenship. 

1. 

The  functioning  of  the  Union  shall  be  founded  on  representative  democracy. 

Article  10 

2. 

Citizens  are  directly  represented  at  Union  level  in  the  European  Parliament. 

Member  States  are  represented  in  the  European  Council  by  their  Heads  of  State  or  Government  and 
in  the  Council  by  their  governments,  themselves  democratically  accountable  either  to  their  national 
Parliaments,  or  to  their  citizens. 

Every  citizen  shall  have  the  right  to  participate  in  the  democratic  life  of  the  Union.  Decisions 

3. 
shall  be  taken  as  openly  and  as  closely  as  possible  to  the  citizen. 

Political  parties  at  European  level  contribute  to  forming  European  political  awareness  and  to 

4. 
expressing  the  will  of  citizens  of  the  Union.

Consolidated Treaties 
C  202/20 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/21
21

The  obligations  of  the  Member  State  in  question  under  the  Treaties  shall  in  any  case  continue  to  be 

Article  11 

binding  on  that  State. 

4. 

The  Council,  acting  by  a  qualified  majority,  may  decide  subsequently  to  vary  or  revoke 

measures  taken  under  paragraph  3  in  response  to  changes  in  the  situation  which  led  to  their 

being  imposed. 

The  institutions  shall,  by  appropriate  means,  give  citizens  and  representative  associations  the 

1. 
opportunity  to  make  known  and  publicly  exchange  their  views  in  all  areas  of  Union  action. 

The  institutions  shall  maintain  an  open,  transparent  and  regular  dialogue  with  representative 

2. 
associations  and  civil  society. 

5. 

The  voting  arrangements  applying  to  the  European  Parliament,  the  European  Council  and 

the  Council  for  the  purposes  of  this  Article  are  laid  down  in  Article  354  of  the  Treaty  on  the 

Functioning  of  the  European  Union. 

The  European  Commission  shall  carry  out  broad  consultations  with  parties  concerned  in  order 

3. 
to  ensure  that  the  Union's  actions  are  coherent  and  transparent. 

1. 

The  Union  shall  develop  a  special  relationship  with  neighbouring  countries,  aiming  to  establish 

an  area  of  prosperity  and  good  neighbourliness,  founded  on  the  values  of  the  Union  and  char­

acterised  by  close  and  peaceful  relations  based  on  cooperation. 

2. 

For  the  purposes  of  paragraph  1,  the  Union  may  conclude  specific  agreements  with  the 

countries  concerned.  These  agreements  may  contain  reciprocal  rights  and  obligations  as  well  as 

the  possibility  of  undertaking  activities  jointly.  Their  implementation  shall  be  the  subject  of 

periodic  consultation. 

PROVISIONS  ON  DEMOCRATIC  PRINCIPLES 

In  all  its  activities,  the  Union  shall  observe  the  principle  of  the  equality  of  its  citizens,  who  shall 

receive  equal  attention  from  its  institutions,  bodies,  offices  and  agencies.  Every  national  of  a  Member 

State  shall  be  a  citizen  of  the  Union.  Citizenship  of  the  Union  shall  be  additional  to  and  not  replace 

national  citizenship. 

Article  8 

TITLE  II 

Article  9 

Article  10 

1. 

The  functioning  of  the  Union  shall  be  founded  on  representative  democracy. 

2. 

Citizens  are  directly  represented  at  Union  level  in  the  European  Parliament. 

4.  Not  less  than  one  million  citizens  who  are  nationals  of  a  significant  number  of  Member  States 
may  take  the  initiative  of  inviting  the  European  Commission,  within  the  framework  of  its  powers,  to 
submit  any  appropriate  proposal  on  matters  where  citizens  consider  that  a  legal  act  of  the  Union  is 
required  for  the  purpose  of  implementing  the  Treaties. 

The  procedures  and  conditions  required  for  such  a  citizens'  initiative  shall  be  determined  in 
accordance  with  the  first  paragraph  of  Article  24  of  the  Treaty  on  the  Functioning  of  the 
European  Union. 

National  Parliaments  contribute  actively  to  the  good  functioning  of  the  Union: 

Article  12 

(a)  through  being  informed  by  the  institutions  of  the  Union  and  having  draft  legislative  acts  of  the 
Union  forwarded  to  them  in  accordance  with  the  Protocol  on  the  role  of  national  Parliaments  in 
the  European  Union; 

(b)  by  seeing  to  it  that  the  principle  of  subsidiarity  is  respected  in  accordance  with  the  procedures 
provided  for  in  the  Protocol  on  the  application  of  the  principles  of  subsidiarity  and  propor­
tionality; 

(c)  by  taking  part,  within  the  framework  of  the  area  of  freedom,  security  and  justice,  in  the 
evaluation  mechanisms  for  the  implementation  of  the  Union  policies  in  that  area,  in  accordance 
with  Article  70  of  the  Treaty  on  the  Functioning  of  the  European  Union,  and  through  being 
involved  in  the  political  monitoring  of  Europol  and  the  evaluation  of  Eurojust's  activities  in 
accordance  with  Articles  88  and  85  of  that  Treaty; 

Member  States  are  represented  in  the  European  Council  by  their  Heads  of  State  or  Government  and 

in  the  Council  by  their  governments,  themselves  democratically  accountable  either  to  their  national 

Parliaments,  or  to  their  citizens. 

(d)  by  taking  part  in  the  revision  procedures  of  the  Treaties,  in  accordance  with  Article  48  of 

this  Treaty; 

(e)  by  being  notified  of  applications  for  accession  to  the  Union,  in  accordance  with  Article  49  of 

3. 

Every  citizen  shall  have  the  right  to  participate  in  the  democratic  life  of  the  Union.  Decisions 

this  Treaty; 

shall  be  taken  as  openly  and  as  closely  as  possible  to  the  citizen. 

4. 

Political  parties  at  European  level  contribute  to  forming  European  political  awareness  and  to 

expressing  the  will  of  citizens  of  the  Union.

(f)  by  taking  part  in  the  inter-parliamentary  cooperation  between  national  Parliaments  and  with  the 
European  Parliament,  in  accordance  with  the  Protocol  on  the  role  of  national  Parliaments  in  the 
European  Union.

Consolidated version of the treaty on european union 
 
C  202/22 
22

EN 

Official Journal of the European Union 

7.6.2016

TITLE  III 

PROVISIONS  ON  THE  INSTITUTIONS 

Article  13 

1. 
The  Union  shall  have  an  institutional  framework  which  shall  aim  to  promote  its  values, 
advance  its  objectives,  serve  its  interests,  those  of  its  citizens  and  those  of  the  Member  States,  and 
ensure  the  consistency,  effectiveness  and  continuity  of  its  policies  and  actions. 

The  Union's  institutions  shall  be: 

—  the  European  Parliament, 

—  the  European  Council, 

—  the  Council, 

—  the  European  Commission  (hereinafter  referred  to  as  ‘the  Commission’), 

—  the  Court  of  Justice  of  the  European  Union, 

—  the  European  Central  Bank, 

—  the  Court  of  Auditors. 

2. 
Each  institution  shall  act  within  the  limits  of  the  powers  conferred  on  it  in  the  Treaties,  and  in 
conformity  with  the  procedures,  conditions  and  objectives  set  out  in  them.  The  institutions  shall 
practice  mutual  sincere  cooperation. 

The  provisions  relating  to  the  European  Central  Bank  and  the  Court  of  Auditors  and  detailed 
in  the  Treaty  on  the  Functioning  of  the 

institutions  are  set  out 

3. 
provisions  on  the  other 
European  Union. 

The  European  Parliament,  the  Council  and  the  Commission  shall  be  assisted  by  an  Economic 

4. 
and  Social  Committee  and  a  Committee  of  the  Regions  acting  in  an  advisory  capacity. 

1. 
The  European  Parliament  shall,  jointly  with  the  Council,  exercise  legislative  and  budgetary 
functions.  It  shall  exercise  functions  of  political  control  and  consultation  as  laid  down  in  the 
Treaties.  It  shall  elect  the  President  of  the  Commission. 

Article  14 

2. 
The  European  Parliament  shall  be  composed  of  representatives  of  the  Union's  citizens.  They 
shall  not  exceed  seven  hundred  and  fifty  in  number,  plus  the  President.  Representation  of  citizens 
shall  be  degressively  proportional,  with  a  minimum  threshold  of  six  members  per  Member  State. 
No  Member  State  shall  be  allocated  more  than  ninety-six  seats.

Consolidated Treaties 
C  202/22 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/23
23

The  European  Council  shall  adopt  by  unanimity,  on  the  initiative  of  the  European  Parliament  and 
with  its  consent,  a  decision  establishing  the  composition  of  the  European  Parliament,  respecting  the 
principles  referred  to  in  the  first  subparagraph. 

The  members  of  the  European  Parliament  shall  be  elected  for  a  term  of  five  years  by  direct 

3. 
universal  suffrage  in  a  free  and  secret  ballot. 

4. 

The  European  Parliament  shall  elect  its  President  and  its  officers  from  among  its  members. 

Article  15 

1. 
The  European  Council  shall  provide  the  Union  with  the  necessary  impetus  for  its  development 
and  shall  define  the  general  political  directions  and  priorities  thereof.  It  shall  not  exercise  legis­
lative  functions. 

The European Council shall consist  of  the  Heads of  State  or  Government  of  the  Member  States, 
2. 
together  with  its  President  and  the  President  of  the  Commission.  The  High  Representative  of  the 
Union  for  Foreign  Affairs  and  Security  Policy  shall  take  part  in  its  work. 

PROVISIONS  ON  THE  INSTITUTIONS 

TITLE  III 

Article  13 

1. 

The  Union  shall  have  an  institutional  framework  which  shall  aim  to  promote  its  values, 

advance  its  objectives,  serve  its  interests,  those  of  its  citizens  and  those  of  the  Member  States,  and 

ensure  the  consistency,  effectiveness  and  continuity  of  its  policies  and  actions. 

The  Union's  institutions  shall  be: 

—  the  European  Parliament, 

—  the  European  Council, 

—  the  Council, 

—  the  European  Commission  (hereinafter  referred  to  as  ‘the  Commission’), 

—  the  Court  of  Justice  of  the  European  Union, 

—  the  European  Central  Bank, 

—  the  Court  of  Auditors. 

2. 

Each  institution  shall  act  within  the  limits  of  the  powers  conferred  on  it  in  the  Treaties,  and  in 

conformity  with  the  procedures,  conditions  and  objectives  set  out  in  them.  The  institutions  shall 

practice  mutual  sincere  cooperation. 

The  European  Council  shall  meet  twice  every  six  months,  convened  by  its  President.  When  the 
3. 
agenda  so  requires,  the  members  of  the  European  Council  may  decide  each  to  be  assisted  by  a 
minister  and,  in  the  case  of  the  President  of  the  Commission,  by  a  member  of  the  Commission. 
When 
the 
European  Council. 

The  European  Council  shall  elect  its  President,  by  a  qualified  majority,  for  a  term  of  two  and  a 
5. 
half  years,  renewable  once. 
the 
European  Council  can  end  the  President's  term  of  office  in  accordance  with  the  same  procedure. 

Except  where  the  Treaties  provide  otherwise,  decisions  of  the  European  Council  shall  be  taken 

4. 
by  consensus. 

the  President  shall  convene  a  special  meeting  of 

impediment  or  serious  misconduct, 

the  situation  so  requires, 

the  event  of  an 

In 

3. 

The  provisions  relating  to  the  European  Central  Bank  and  the  Court  of  Auditors  and  detailed 

provisions  on  the  other 

institutions  are  set  out 

in  the  Treaty  on  the  Functioning  of  the 

European  Union. 

6. 

The  President  of  the  European  Council: 

(a)  shall  chair  it  and  drive  forward  its  work; 

4. 

The  European  Parliament,  the  Council  and  the  Commission  shall  be  assisted  by  an  Economic 

and  Social  Committee  and  a  Committee  of  the  Regions  acting  in  an  advisory  capacity. 

(b)  shall  ensure  the  preparation  and  continuity  of  the  work  of  the  European  Council  in  cooperation 
with  the  President  of  the  Commission,  and  on  the  basis  of  the  work  of  the  General  Affairs 
Council; 

1. 

The  European  Parliament  shall,  jointly  with  the  Council,  exercise  legislative  and  budgetary 

functions.  It  shall  exercise  functions  of  political  control  and  consultation  as  laid  down  in  the 

Treaties.  It  shall  elect  the  President  of  the  Commission. 

(d)  shall  present  a  report  to  the  European  Parliament  after  each  of  the  meetings  of  the 

European  Council. 

Article  14 

(c)  shall  endeavour  to  facilitate  cohesion  and  consensus  within  the  European  Council; 

2. 

The  European  Parliament  shall  be  composed  of  representatives  of  the  Union's  citizens.  They 

shall  not  exceed  seven  hundred  and  fifty  in  number,  plus  the  President.  Representation  of  citizens 

shall  be  degressively  proportional,  with  a  minimum  threshold  of  six  members  per  Member  State. 

No  Member  State  shall  be  allocated  more  than  ninety-six  seats.

The  President  of  the  European  Council  shall,  at  his  level  and  in  that  capacity,  ensure  the  external 
representation  of  the  Union  on  issues  concerning  its  common  foreign  and  security  policy,  without 
prejudice  to  the  powers  of  the  High  Representative  of  the  Union  for  Foreign  Affairs  and 
Security  Policy.

Consolidated version of the treaty on european union 
 
C  202/24 
24

EN 

Official Journal of the European Union 

7.6.2016

The  President  of  the  European  Council  shall  not  hold  a  national  office. 

1. 
The  Council  shall,  jointly  with  the  European  Parliament,  exercise  legislative  and  budgetary 
functions.  It  shall  carry  out  policy-making  and  coordinating  functions  as  laid  down  in  the  Treaties. 

Article  16 

The  Council  shall consist  of  a  representative of  each Member  State  at  ministerial level, who  may 

2. 
commit  the  government  of  the  Member  State  in  question  and  cast  its  vote. 

3. 

The  Council  shall  act  by  a  qualified  majority  except  where  the  Treaties  provide  otherwise. 

4.  As  from  1  November  2014,  a  qualified  majority  shall  be  defined  as  at  least  55 %  of  the 
members  of  the  Council,  comprising  at  least  fifteen  of  them  and  representing  Member  States 
comprising  at  least  65 %  of  the  population  of  the  Union. 

A  blocking  minority  must  include  at  least  four  Council  members,  failing  which  the  qualified  majority 
shall  be  deemed  attained. 

The  other  arrangements  governing  the  qualified  majority  are  laid  down  in  Article  238(2)  of  the 
Treaty  on  the  Functioning  of  the  European  Union. 

The  transitional  provisions  relating  to  the  definition  of  the  qualified  majority  which  shall  be 
5. 
applicable  until  31  October  2014  and  those  which  shall  be  applicable  from  1  November  2014 
to  31  March  2017  are  laid  down  in  the  Protocol  on  transitional  provisions. 

The  Council  shall  meet  in  different  configurations,  the  list  of  which  shall  be  adopted  in 

6. 
accordance  with  Article  236  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

The  General  Affairs  Council  shall  ensure  consistency  in  the  work  of  the  different  Council  configur­
ations. It  shall prepare and  ensure the follow-up to  meetings of the European Council, in  liaison with 
the  President  of  the  European  Council  and  the  Commission. 

The  Foreign  Affairs  Council  shall  elaborate  the  Union's  external  action  on  the  basis  of  strategic 
guidelines  laid  down  by  the  European  Council  and  ensure  that  the  Union's  action  is  consistent. 

7.  A  Committee  of  Permanent  Representatives  of  the  Governments  of  the  Member  States  shall  be 
responsible  for  preparing  the  work  of  the  Council. 

8. 
The  Council  shall  meet  in  public  when  it  deliberates  and  votes  on  a  draft  legislative  act.  To  this 
end,  each  Council  meeting  shall  be  divided  into  two  parts,  dealing  respectively  with  deliberations  on 
Union  legislative  acts  and  non-legislative  activities. 

9. 
The  Presidency  of  Council  configurations,  other  than  that  of  Foreign  Affairs,  shall  be  held  by 
Member  State  representatives  in  the  Council  on  the  basis  of  equal  rotation,  in  accordance  with  the 
conditions  established  in  accordance  with  Article  236  of  the  Treaty  on  the  Functioning  of  the 
European  Union.

Consolidated Treaties 
C  202/24 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/25
25

The  President  of  the  European  Council  shall  not  hold  a  national  office. 

Article  17 

1. 

The  Council  shall,  jointly  with  the  European  Parliament,  exercise  legislative  and  budgetary 

functions.  It  shall  carry  out  policy-making  and  coordinating  functions  as  laid  down  in  the  Treaties. 

Article  16 

2. 

The  Council  shall consist  of  a  representative of  each Member  State  at  ministerial level, who  may 

commit  the  government  of  the  Member  State  in  question  and  cast  its  vote. 

3. 

The  Council  shall  act  by  a  qualified  majority  except  where  the  Treaties  provide  otherwise. 

4.  As  from  1  November  2014,  a  qualified  majority  shall  be  defined  as  at  least  55 %  of  the 

members  of  the  Council,  comprising  at  least  fifteen  of  them  and  representing  Member  States 

comprising  at  least  65 %  of  the  population  of  the  Union. 

A  blocking  minority  must  include  at  least  four  Council  members,  failing  which  the  qualified  majority 

shall  be  deemed  attained. 

The  other  arrangements  governing  the  qualified  majority  are  laid  down  in  Article  238(2)  of  the 

Treaty  on  the  Functioning  of  the  European  Union. 

5. 

The  transitional  provisions  relating  to  the  definition  of  the  qualified  majority  which  shall  be 

applicable  until  31  October  2014  and  those  which  shall  be  applicable  from  1  November  2014 

to  31  March  2017  are  laid  down  in  the  Protocol  on  transitional  provisions. 

6. 

The  Council  shall  meet  in  different  configurations,  the  list  of  which  shall  be  adopted  in 

accordance  with  Article  236  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

The  General  Affairs  Council  shall  ensure  consistency  in  the  work  of  the  different  Council  configur­

ations. It  shall prepare and  ensure the follow-up to  meetings of the European Council, in  liaison with 

the  President  of  the  European  Council  and  the  Commission. 

The  Foreign  Affairs  Council  shall  elaborate  the  Union's  external  action  on  the  basis  of  strategic 

guidelines  laid  down  by  the  European  Council  and  ensure  that  the  Union's  action  is  consistent. 

7.  A  Committee  of  Permanent  Representatives  of  the  Governments  of  the  Member  States  shall  be 

responsible  for  preparing  the  work  of  the  Council. 

8. 

The  Council  shall  meet  in  public  when  it  deliberates  and  votes  on  a  draft  legislative  act.  To  this 

end,  each  Council  meeting  shall  be  divided  into  two  parts,  dealing  respectively  with  deliberations  on 

Union  legislative  acts  and  non-legislative  activities. 

9. 

The  Presidency  of  Council  configurations,  other  than  that  of  Foreign  Affairs,  shall  be  held  by 

Member  State  representatives  in  the  Council  on  the  basis  of  equal  rotation,  in  accordance  with  the 

conditions  established  in  accordance  with  Article  236  of  the  Treaty  on  the  Functioning  of  the 

European  Union.

The  Commission  shall  promote  the  general  interest  of  the  Union  and  take  appropriate 
1. 
initiatives  to  that  end.  It  shall  ensure  the  application  of  the  Treaties,  and  of  measures  adopted  by 
the  institutions  pursuant  to  them.  It  shall  oversee  the  application  of  Union  law  under  the  control  of 
the  Court  of  Justice  of  the  European  Union.  It  shall  execute  the  budget  and  manage  programmes. 
It  shall  exercise  coordinating,  executive  and  management  functions,  as  laid  down  in  the  Treaties. 
With  the  exception  of  the  common  foreign  and  security  policy,  and  other  cases  provided  for  in  the 
Treaties,  it  shall  ensure  the  Union's  external  representation.  It  shall  initiate  the  Union's  annual  and 
multiannual  programming  with  a  view  to  achieving  interinstitutional  agreements. 

Union  legislative  acts  may  only  be  adopted  on  the  basis  of  a  Commission  proposal,  except 
2. 
where  the  Treaties  provide  otherwise.  Other  acts  shall  be  adopted  on  the  basis  of  a  Commission 
proposal  where  the  Treaties  so  provide. 

3. 

The  Commission's  term  of  office  shall  be  five  years. 

The  members  of  the  Commission  shall  be  chosen  on  the  ground  of  their  general  competence  and 
European  commitment  from  persons  whose  independence  is  beyond  doubt. 

In  carrying  out  its  responsibilities,  the  Commission  shall  be  completely  independent.  Without 
prejudice  to  Article  18(2),  the  members  of  the  Commission  shall  neither  seek  nor  take  instructions 
from  any  Government  or  other  institution,  body,  office  or  entity.  They  shall  refrain  from  any  action 
incompatible  with  their  duties  or  the  performance  of  their  tasks. 

4. 
The  Commission  appointed  between  the  date  of  entry  into  force  of  the  Treaty  of  Lisbon 
and  31  October  2014,  shall  consist  of  one  national  of  each  Member  State,  including  its 
President  and  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  who 
shall  be  one  of  its  Vice-Presidents. 

5.  As  from  1  November  2014,  the  Commission  shall  consist  of  a  number  of  members,  including 
its  President  and  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy, 
corresponding  to  two  thirds  of  the  number  of  Member  States,  unless  the  European  Council, 
acting  unanimously,  decides  to  alter  this  number. 

The  members  of  the  Commission  shall be  chosen  from  among  the  nationals  of  the  Member  States  on 
the  basis  of  a  system  of  strictly equal rotation  between  the  Member  States, reflecting  the  demographic 
and  geographical range  of  all  the  Member  States.  This  system  shall be  established  unanimously  by  the 
European  Council  in  accordance  with  Article  244  of  the  Treaty  on  the  Functioning  of  the  European 
Union. 

6. 

The  President  of  the  Commission  shall: 

(a)  lay  down  guidelines  within  which  the  Commission  is  to  work; 

(b)  decide  on  the  internal  organisation  of  the  Commission,  ensuring  that  it  acts  consistently,  effi­

ciently  and  as  a  collegiate  body;

Consolidated version of the treaty on european union 
 
C  202/26 
26

EN 

Official Journal of the European Union 

7.6.2016

(c)  appoint  Vice-Presidents,  other  than  the  High  Representative  of  the  Union  for  Foreign  Affairs  and 

Security  Policy,  from  among  the  members  of  the  Commission. 

A  member  of  the  Commission  shall  resign  if  the  President  so  requests.  The  High  Representative  of 
the  Union  for  Foreign  Affairs  and  Security  Policy  shall  resign,  in  accordance  with  the  procedure  set 
out  in  Article  18(1),  if  the  President  so  requests. 

7. 
Taking  into  account  the  elections  to  the  European  Parliament  and  after  having  held  the 
appropriate  consultations,  the  European  Council,  acting  by  a  qualified  majority,  shall  propose  to 
the  European  Parliament  a  candidate  for  President  of  the  Commission.  This  candidate  shall  be  elected 
by  the  European  Parliament  by  a  majority  of  its  component  members.  If  he  does  not  obtain  the 
required  majority,  the  European  Council,  acting  by  a  qualified  majority,  shall  within  one  month 
propose  a  new  candidate  who  shall  be  elected  by  the  European  Parliament  following  the 
same  procedure. 

The  Council,  by  common  accord  with  the  President-elect,  shall  adopt  the  list  of  the  other  persons 
whom  it  proposes  for  appointment  as  members  of  the  Commission.  They  shall  be  selected,  on  the 
basis  of  the  suggestions  made  by  Member  States,  in  accordance  with  the  criteria  set  out  in 
paragraph  3,  second  subparagraph,  and  paragraph  5,  second  subparagraph. 

The  President,  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  and  the 
other  members  of  the  Commission  shall  be  subject  as  a  body  to  a  vote  of  consent  by  the 
European  Parliament.  On  the  basis  of  this  consent  the  Commission  shall  be  appointed  by  the 
European  Council,  acting  by  a  qualified  majority. 

8. 
The  Commission,  as  a  body,  shall  be  responsible  to  the  European  Parliament.  In  accordance 
with  Article  234  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the  European  Parliament 
may  vote  on  a  motion  of  censure  of  the  Commission.  If  such  a  motion  is  carried,  the  members  of 
the  Commission  shall  resign  as  a  body  and  the  High  Representative  of  the  Union  for  Foreign  Affairs 
and  Security  Policy  shall  resign  from  the  duties  that  he  carries  out  in  the  Commission. 

1. 
The  European  Council,  acting  by  a  qualified  majority,  with  the  agreement  of  the  President  of 
the  Commission,  shall  appoint  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security 
Policy.  The  European  Council  may  end  his  term  of  office  by  the  same  procedure. 

Article  18 

The  High  Representative  shall  conduct  the  Union's  common  foreign  and  security  policy. 
2. 
He  shall  contribute  by  his  proposals  to  the  development  of  that  policy,  which  he  shall  carry  out 
as  mandated  by  the  Council.  The  same  shall  apply  to  the  common  security  and  defence  policy. 

3. 

The  High  Representative  shall  preside  over  the  Foreign  Affairs  Council.

Consolidated Treaties 
C  202/26 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/27
27

(c)  appoint  Vice-Presidents,  other  than  the  High  Representative  of  the  Union  for  Foreign  Affairs  and 

Security  Policy,  from  among  the  members  of  the  Commission. 

A  member  of  the  Commission  shall  resign  if  the  President  so  requests.  The  High  Representative  of 

the  Union  for  Foreign  Affairs  and  Security  Policy  shall  resign,  in  accordance  with  the  procedure  set 

out  in  Article  18(1),  if  the  President  so  requests. 

7. 

Taking  into  account  the  elections  to  the  European  Parliament  and  after  having  held  the 

appropriate  consultations,  the  European  Council,  acting  by  a  qualified  majority,  shall  propose  to 

the  European  Parliament  a  candidate  for  President  of  the  Commission.  This  candidate  shall  be  elected 

by  the  European  Parliament  by  a  majority  of  its  component  members.  If  he  does  not  obtain  the 

required  majority,  the  European  Council,  acting  by  a  qualified  majority,  shall  within  one  month 

propose  a  new  candidate  who  shall  be  elected  by  the  European  Parliament  following  the 

same  procedure. 

The  Council,  by  common  accord  with  the  President-elect,  shall  adopt  the  list  of  the  other  persons 

whom  it  proposes  for  appointment  as  members  of  the  Commission.  They  shall  be  selected,  on  the 

basis  of  the  suggestions  made  by  Member  States,  in  accordance  with  the  criteria  set  out  in 

paragraph  3,  second  subparagraph,  and  paragraph  5,  second  subparagraph. 

The  President,  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  and  the 

other  members  of  the  Commission  shall  be  subject  as  a  body  to  a  vote  of  consent  by  the 

European  Parliament.  On  the  basis  of  this  consent  the  Commission  shall  be  appointed  by  the 

European  Council,  acting  by  a  qualified  majority. 

8. 

The  Commission,  as  a  body,  shall  be  responsible  to  the  European  Parliament.  In  accordance 

with  Article  234  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the  European  Parliament 

may  vote  on  a  motion  of  censure  of  the  Commission.  If  such  a  motion  is  carried,  the  members  of 

the  Commission  shall  resign  as  a  body  and  the  High  Representative  of  the  Union  for  Foreign  Affairs 

and  Security  Policy  shall  resign  from  the  duties  that  he  carries  out  in  the  Commission. 

1. 

The  European  Council,  acting  by  a  qualified  majority,  with  the  agreement  of  the  President  of 

the  Commission,  shall  appoint  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security 

Policy.  The  European  Council  may  end  his  term  of  office  by  the  same  procedure. 

Article  18 

2. 

The  High  Representative  shall  conduct  the  Union's  common  foreign  and  security  policy. 

He  shall  contribute  by  his  proposals  to  the  development  of  that  policy,  which  he  shall  carry  out 

as  mandated  by  the  Council.  The  same  shall  apply  to  the  common  security  and  defence  policy. 

3. 

The  High  Representative  shall  preside  over  the  Foreign  Affairs  Council.

4. 
The  High  Representative  shall  be  one  of  the  Vice-Presidents  of  the  Commission.  He  shall  ensure 
the  consistency  of  the  Union's  external  action.  He  shall  be  responsible  within  the  Commission  for 
responsibilities  incumbent  on  it  in  external  relations  and  for  coordinating  other  aspects  of  the 
Union's  external  action.  In  exercising  these  responsibilities  within  the  Commission,  and  only  for 
these  responsibilities,  the  High  Representative  shall  be  bound  by  Commission  procedures  to  the 
extent  that  this  is  consistent  with  paragraphs  2  and  3. 

1. 
The Court of Justice of the European Union shall include the Court of Justice, the  General  Court 
and  specialised courts. It  shall  ensure  that  in  the  interpretation  and  application  of  the  Treaties the  law 
is  observed. 

Article  19 

Member  States  shall  provide  remedies  sufficient  to  ensure  effective  legal  protection  in  the  fields 
covered  by  Union  law. 

The  Court  of  Justice  shall  consist  of  one  judge  from  each  Member  State.  It  shall  be  assisted  by 

2. 
Advocates-General. 

The  General  Court  shall  include  at  least  one  judge  per  Member  State. 

The  Judges  and  the  Advocates-General  of  the  Court  of  Justice  and  the  Judges  of  the  General  Court 
shall  be  chosen  from  persons  whose  independence  is  beyond  doubt  and  who  satisfy  the  conditions 
set  out  in  Articles  253  and  254  of  the  Treaty  on  the  Functioning  of  the  European  Union.  They  shall 
be  appointed  by  common  accord  of  the  governments  of  the  Member  States  for  six  years.  Retiring 
Judges  and  Advocates-General  may  be  reappointed. 

3. 

The  Court  of  Justice  of  the  European  Union  shall,  in  accordance  with  the  Treaties: 

(a)  rule  on  actions  brought  by  a  Member  State,  an  institution  or  a  natural  or  legal  person; 

(b)  give  preliminary  rulings,  at  the  request  of  courts  or  tribunals  of  the  Member  States,  on  the 

interpretation  of  Union  law  or  the  validity  of  acts  adopted  by  the  institutions; 

(c)  rule  in  other  cases  provided  for  in  the  Treaties. 

TITLE  IV 

PROVISIONS  ON  ENHANCED  COOPERATION 

Article  20 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

1.  Member  States  which  wish  to  establish  enhanced  cooperation  between  themselves  within  the 
framework  of  the  Union's  non-exclusive  competences  may  make  use  of  its  institutions  and  exercise 
those  competences  by  applying  the  relevant  provisions  of  the  Treaties,  subject  to  the  limits  and  in 
accordance  with  the  detailed  arrangements  laid  down  in  this  Article  and  in  Articles  326  to  334  of 
the  Treaty  on  the  Functioning  of  the  European  Union.

Consolidated version of the treaty on european union 
 
C  202/28 
28

EN 

Official Journal of the European Union 

7.6.2016

Enhanced  cooperation  shall  aim  to  further  the  objectives  of  the  Union,  protect  its  interests  and 
reinforce  its  integration  process.  Such  cooperation  shall  be  open  at  any  time  to  all  Member  States,  in 
accordance  with  Article  328  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

2. 
The  decision  authorising  enhanced  cooperation  shall  be  adopted  by  the  Council  as  a  last  resort, 
when  it  has  established  that  the  objectives  of  such  cooperation  cannot  be  attained  within  a 
reasonable  period  by  the  Union  as  a  whole,  and  provided  that  at  least  nine  Member  States  participate 
in  it.  The  Council  shall  act  in  accordance  with  the  procedure  laid  down  in  Article  329  of  the  Treaty 
on  the  Functioning  of  the  European  Union. 

3.  All  members  of  the  Council  may  participate  in  its  deliberations,  but  only  members  of  the 
Council  representing  the  Member  States  participating  in  enhanced  cooperation  shall  take  part  in  the 
vote.  The  voting  rules  are  set  out  in  Article  330  of  the  Treaty  on  the  Functioning  of  the 
European  Union. 

4.  Acts  adopted  in  the  framework  of  enhanced  cooperation  shall  bind  only  participating  Member 
States.  They  shall  not  be  regarded  as  part  of  the  acquis  which  has  to  be  accepted  by  candidate  States 
for  accession  to  the  Union. 

GENERAL  PROVISIONS  ON  THE  UNION'S  EXTERNAL  ACTION  AND  SPECIFIC  PROVISIONS  ON 
THE  COMMON  FOREIGN  AND  SECURITY  POLICY 

TITLE  V 

GENERAL  PROVISIONS  ON  THE  UNION'S  EXTERNAL  ACTION 

CHAPTER  1 

Article  21 

1. 
The  Union's  action  on  the  international  scene  shall  be  guided  by  the  principles  which  have 
inspired  its  own  creation,  development  and  enlargement,  and  which  it  seeks  to  advance  in  the  wider 
world: democracy, the  rule of  law, the  universality and  indivisibility of  human  rights and  fundamental 
freedoms,  respect  for  human  dignity,  the  principles  of  equality  and  solidarity,  and  respect  for  the 
principles  of  the  United  Nations  Charter  and  international  law. 

The  Union  shall  seek  to  develop  relations  and  build  partnerships  with  third  countries,  and  inter­
national,  regional  or  global  organisations  which  share  the  principles  referred  to  in  the  first  subpara­
graph. It  shall promote  multilateral solutions  to  common  problems,  in  particular in  the  framework  of 
the  United  Nations. 

The  Union  shall  define  and  pursue  common  policies  and  actions,  and  shall  work  for  a  high 

2. 
degree  of  cooperation  in  all  fields  of  international  relations,  in  order  to: 

(a)  safeguard  its  values,  fundamental  interests,  security,  independence  and  integrity;

Consolidated Treaties 
C  202/28 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/29
29

Enhanced  cooperation  shall  aim  to  further  the  objectives  of  the  Union,  protect  its  interests  and 

reinforce  its  integration  process.  Such  cooperation  shall  be  open  at  any  time  to  all  Member  States,  in 

accordance  with  Article  328  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

(b)  consolidate  and  support  democracy,  the  rule  of  law,  human  rights  and  the  principles  of  inter­

national  law; 

2. 

The  decision  authorising  enhanced  cooperation  shall  be  adopted  by  the  Council  as  a  last  resort, 

when  it  has  established  that  the  objectives  of  such  cooperation  cannot  be  attained  within  a 

reasonable  period  by  the  Union  as  a  whole,  and  provided  that  at  least  nine  Member  States  participate 

in  it.  The  Council  shall  act  in  accordance  with  the  procedure  laid  down  in  Article  329  of  the  Treaty 

on  the  Functioning  of  the  European  Union. 

3.  All  members  of  the  Council  may  participate  in  its  deliberations,  but  only  members  of  the 

Council  representing  the  Member  States  participating  in  enhanced  cooperation  shall  take  part  in  the 

vote.  The  voting  rules  are  set  out  in  Article  330  of  the  Treaty  on  the  Functioning  of  the 

European  Union. 

4.  Acts  adopted  in  the  framework  of  enhanced  cooperation  shall  bind  only  participating  Member 

States.  They  shall  not  be  regarded  as  part  of  the  acquis  which  has  to  be  accepted  by  candidate  States 

for  accession  to  the  Union. 

TITLE  V 

CHAPTER  1 

Article  21 

GENERAL  PROVISIONS  ON  THE  UNION'S  EXTERNAL  ACTION  AND  SPECIFIC  PROVISIONS  ON 

THE  COMMON  FOREIGN  AND  SECURITY  POLICY 

GENERAL  PROVISIONS  ON  THE  UNION'S  EXTERNAL  ACTION 

1. 

The  Union's  action  on  the  international  scene  shall  be  guided  by  the  principles  which  have 

inspired  its  own  creation,  development  and  enlargement,  and  which  it  seeks  to  advance  in  the  wider 

world: democracy, the  rule of  law, the  universality and  indivisibility of  human  rights and  fundamental 

freedoms,  respect  for  human  dignity,  the  principles  of  equality  and  solidarity,  and  respect  for  the 

principles  of  the  United  Nations  Charter  and  international  law. 

The  Union  shall  seek  to  develop  relations  and  build  partnerships  with  third  countries,  and  inter­

national,  regional  or  global  organisations  which  share  the  principles  referred  to  in  the  first  subpara­

graph. It  shall promote  multilateral solutions  to  common  problems,  in  particular in  the  framework  of 

the  United  Nations. 

2. 

The  Union  shall  define  and  pursue  common  policies  and  actions,  and  shall  work  for  a  high 

degree  of  cooperation  in  all  fields  of  international  relations,  in  order  to: 

(a)  safeguard  its  values,  fundamental  interests,  security,  independence  and  integrity;

(c)  preserve  peace,  prevent  conflicts  and  strengthen  international  security,  in  accordance  with  the 
purposes  and  principles  of  the  United  Nations  Charter,  with  the  principles  of  the  Helsinki  Final 
Act  and  with  the  aims  of  the  Charter  of  Paris,  including  those  relating  to  external  borders; 

(d)  foster  the  sustainable  economic,  social  and  environmental  development  of  developing  countries, 

with  the  primary  aim  of  eradicating  poverty; 

(e)  encourage  the  integration  of  all  countries  into  the  world  economy,  including  through  the 

progressive  abolition  of  restrictions  on  international  trade; 

(f)  help  develop  international  measures  to  preserve  and  improve  the  quality  of  the  environment  and 
the  sustainable  management  of  global  natural  resources,  in  order  to  ensure  sustainable  devel­
opment; 

(g)  assist  populations,  countries  and  regions  confronting  natural  or  man-made  disasters;  and 

(h)  promote  an 

international  system  based  on  stronger  multilateral  cooperation  and  good 

global  governance. 

3. 
The Union  shall respect the principles and pursue the objectives set out in  paragraphs  1  and  2 
in  the  development  and  implementation  of  the  different  areas  of  the  Union's  external  action  covered 
by  this  Title  and  by  Part  Five  of  the  Treaty  on  the  Functioning  of  the  European  Union,  and  of  the 
external  aspects  of  its  other  policies. 

The  Union  shall  ensure  consistency  between  the  different  areas  of  its  external  action  and  between 
these  and  its  other  policies.  The  Council  and  the  Commission,  assisted  by  the  High  Representative  of 
the  Union  for  Foreign  Affairs  and  Security  Policy,  shall  ensure  that  consistency  and  shall  cooperate  to 
that  effect. 

1.  On  the  basis  of  the  principles  and  objectives  set  out  in  Article  21,  the  European  Council  shall 
identify  the  strategic  interests  and  objectives  of  the  Union. 

Article  22 

Decisions  of  the  European  Council  on  the  strategic  interests  and  objectives  of  the  Union  shall  relate 
to  the  common  foreign  and  security  policy  and  to  other  areas  of  the  external  action  of  the  Union. 
Such  decisions  may  concern  the  relations  of  the  Union  with  a  specific  country  or  region  or  may  be 
thematic  in  approach.  They  shall  define  their  duration,  and  the  means  to  be  made  available  by 
the  Union  and  the  Member  States. 

The European Council shall act unanimously on  a recommendation  from  the Council, adopted  by  the 
latter  under  the  arrangements  laid  down  for  each  area.  Decisions  of  the  European  Council  shall  be 
implemented  in  accordance  with  the  procedures  provided  for  in  the  Treaties.

Consolidated version of the treaty on european union 
 
C  202/30 
30

EN 

Official Journal of the European Union 

7.6.2016

2. 
The  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy,  for  the  area  of 
common  foreign  and  security  policy,  and  the  Commission,  for  other  areas  of  external  action,  may 
submit  joint  proposals  to  the  Council. 

SPECIFIC  PROVISIONS  ON  THE  COMMON  FOREIGN  AND  SECURITY  POLICY 

CHAPTER  2 

SECTION  1 

COMMON  PROVISIONS 

Article  23 

The  Union's  action  on  the  international  scene,  pursuant  to  this  Chapter,  shall  be  guided  by  the 
principles, shall  pursue the  objectives of,  and  be  conducted  in  accordance  with, the  general  provisions 
laid  down  in  Chapter  1. 

Article  24 

(ex  Article  11  TEU) 

1. 
The  Union's  competence  in  matters  of  common  foreign  and  security  policy  shall  cover  all  areas 
of  foreign  policy  and  all  questions  relating  to  the  Union's  security,  including  the  progressive  framing 
of  a  common  defence  policy  that  might  lead  to  a  common  defence. 

The  common  foreign  and  security  policy  is  subject  to  specific  rules  and  procedures.  It  shall  be 
defined  and  implemented  by  the  European  Council  and  the  Council  acting  unanimously,  except 
where  the  Treaties  provide  otherwise.  The  adoption  of  legislative  acts  shall  be  excluded.  The 
common  foreign  and  security  policy  shall  be  put  into  effect  by  the  High  Representative  of  the 
Union  for  Foreign  Affairs  and  Security  Policy  and  by  Member  States,  in  accordance  with  the 
Treaties.  The  specific  role  of  the  European  Parliament  and  of  the  Commission  in  this  area  is 
defined  by  the  Treaties.  The  Court  of  Justice  of  the  European  Union  shall  not  have  jurisdiction 
with  respect  to  these  provisions,  with  the  exception  of  its  jurisdiction  to  monitor  compliance  with 
Article  40  of  this  Treaty  and  to  review  the  legality  of  certain  decisions  as  provided  for  by  the  second 
paragraph  of  Article  275  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

2.  Within  the  framework  of  the  principles  and  objectives  of  its  external  action,  the  Union  shall 
conduct,  define  and  implement  a  common  foreign  and  security  policy,  based  on  the  development  of 
mutual  political  solidarity  among  Member  States,  the  identification  of  questions  of  general  interest 
and  the  achievement  of  an  ever-increasing  degree  of  convergence  of  Member  States'  actions. 

3. 
The  Member  States  shall  support  the  Union's  external  and  security  policy  actively  and  unre­
servedly  in  a  spirit  of  loyalty  and  mutual  solidarity  and  shall  comply  with  the  Union's  action  in  this 
area.

Consolidated Treaties 
C  202/30 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/31
31

2. 

The  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy,  for  the  area  of 

common  foreign  and  security  policy,  and  the  Commission,  for  other  areas  of  external  action,  may 

submit  joint  proposals  to  the  Council. 

The  Member  States  shall  work  together  to  enhance  and  develop  their  mutual  political  solidarity. They 
shall  refrain  from  any  action  which  is  contrary  to  the  interests  of  the  Union  or  likely  to  impair  its 
effectiveness  as  a  cohesive  force  in  international  relations. 

SPECIFIC  PROVISIONS  ON  THE  COMMON  FOREIGN  AND  SECURITY  POLICY 

The  Union's  action  on  the  international  scene,  pursuant  to  this  Chapter,  shall  be  guided  by  the 

principles, shall  pursue the  objectives of,  and  be  conducted  in  accordance  with, the  general  provisions 

laid  down  in  Chapter  1. 

CHAPTER  2 

SECTION  1 

COMMON  PROVISIONS 

Article  23 

Article  24 

(ex  Article  11  TEU) 

The  Council  and  the  High  Representative  shall  ensure  compliance  with  these  principles. 

The  Union  shall  conduct  the  common  foreign  and  security  policy  by: 

Article  25 

(ex  Article  12  TEU) 

(a)  defining  the  general  guidelines; 

(b)  adopting  decisions  defining: 

(i)  actions  to  be  undertaken  by  the  Union; 

(ii)  positions  to  be  taken  by  the  Union; 

1. 

The  Union's  competence  in  matters  of  common  foreign  and  security  policy  shall  cover  all  areas 

of  foreign  policy  and  all  questions  relating  to  the  Union's  security,  including  the  progressive  framing 

of  a  common  defence  policy  that  might  lead  to  a  common  defence. 

(iii)  arrangements  for  the  implementation  of  the  decisions  referred  to  in  points  (i)  and  (ii); 

and  by 

The  common  foreign  and  security  policy  is  subject  to  specific  rules  and  procedures.  It  shall  be 

defined  and  implemented  by  the  European  Council  and  the  Council  acting  unanimously,  except 

where  the  Treaties  provide  otherwise.  The  adoption  of  legislative  acts  shall  be  excluded.  The 

common  foreign  and  security  policy  shall  be  put  into  effect  by  the  High  Representative  of  the 

Union  for  Foreign  Affairs  and  Security  Policy  and  by  Member  States,  in  accordance  with  the 

Treaties.  The  specific  role  of  the  European  Parliament  and  of  the  Commission  in  this  area  is 

defined  by  the  Treaties.  The  Court  of  Justice  of  the  European  Union  shall  not  have  jurisdiction 

with  respect  to  these  provisions,  with  the  exception  of  its  jurisdiction  to  monitor  compliance  with 

Article  40  of  this  Treaty  and  to  review  the  legality  of  certain  decisions  as  provided  for  by  the  second 

paragraph  of  Article  275  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

2.  Within  the  framework  of  the  principles  and  objectives  of  its  external  action,  the  Union  shall 

conduct,  define  and  implement  a  common  foreign  and  security  policy,  based  on  the  development  of 

mutual  political  solidarity  among  Member  States,  the  identification  of  questions  of  general  interest 

and  the  achievement  of  an  ever-increasing  degree  of  convergence  of  Member  States'  actions. 

(c)  strengthening  systematic  cooperation  between  Member  States  in  the  conduct  of  policy. 

Article  26 

(ex  Article  13  TEU) 

The  European  Council  shall  identify  the  Union's  strategic  interests,  determine  the  objectives  of 
1. 
and  define  general  guidelines  for  the  common  foreign  and  security  policy,  including  for  matters  with 
defence  implications.  It  shall  adopt  the  necessary  decisions. 

If  international  developments  so  require,  the  President  of  the  European  Council  shall  convene  an 
extraordinary  meeting  of  the  European  Council  in  order  to  define  the  strategic  lines  of  the  Union's 
policy  in  the  face  of  such  developments. 

2. 
The  Council  shall  frame  the  common  foreign  and  security  policy  and  take  the  decisions 
necessary  for  defining  and  implementing  it  on  the  basis  of  the  general  guidelines  and  strategic 
lines  defined  by  the  European  Council. 

The  Council  and  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  shall 
ensure  the  unity,  consistency  and  effectiveness  of  action  by  the  Union. 

3. 

The  Member  States  shall  support  the  Union's  external  and  security  policy  actively  and  unre­

servedly  in  a  spirit  of  loyalty  and  mutual  solidarity  and  shall  comply  with  the  Union's  action  in  this 

area.

The  common  foreign  and  security policy shall be  put  into  effect  by  the  High  Representative and 

3. 
by  the  Member  States,  using  national  and  Union  resources.

Consolidated version of the treaty on european union 
 
C  202/32 
32

EN 

Official Journal of the European Union 

7.6.2016

Article  27 

The  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy,  who  shall  chair 
1. 
the  Foreign  Affairs  Council,  shall  contribute  through  his  proposals  to  the  development  of  the 
common  foreign  and  security  policy  and  shall  ensure  implementation  of  the  decisions  adopted  by 
the  European  Council  and  the  Council. 

2. 
The  High  Representative  shall  represent  the  Union  for  matters  relating  to  the  common  foreign 
and  security  policy.  He  shall  conduct  political  dialogue  with  third  parties  on  the  Union's  behalf  and 
shall  express  the  Union's  position  in  international  organisations  and  at  international  conferences. 

In  fulfilling  his  mandate,  the  High  Representative  shall  be  assisted  by  a  European  External 
3. 
Action  Service.  This  service  shall  work 
in  cooperation  with  the  diplomatic  services  of  the 
Member  States  and  shall  comprise  officials  from  relevant  departments  of  the  General  Secretariat 
of  the  Council  and  of  the  Commission  as  well  as  staff  seconded  from  national  diplomatic  services  of 
the  Member  States.  The  organisation  and  functioning  of  the  European  External  Action  Service  shall 
be established by a decision of the Council. The Council shall act on a proposal from the High  Repre­
sentative  after  consulting 
the  consent  of 
the  Commission. 

the  European  Parliament  and  after  obtaining 

Article  28 

(ex  Article  14  TEU) 

1.  Where  the  international  situation  requires  operational  action  by  the  Union,  the  Council  shall 
adopt  the  necessary  decisions.  They  shall  lay  down  their  objectives,  scope,  the  means  to  be  made 
available  to  the  Union,  if  necessary  their  duration,  and  the  conditions  for  their  implementation. 

If  there  is  a  change  in  circumstances  having  a  substantial  effect  on  a  question  subject  to  such  a 
decision,  the  Council  shall  review the  principles  and  objectives of  that  decision  and  take  the  necessary 
decisions. 

2.  Decisions  referred  to  in  paragraph  1  shall  commit  the  Member  States  in  the  positions  they 
adopt  and  in  the  conduct  of  their  activity. 

3.  Whenever  there  is  any  plan  to  adopt  a  national  position  or  take  national  action  pursuant  to  a 
decision  as referred to  in  paragraph  1,  information  shall  be  provided  by  the  Member  State  concerned 
in  time  to  allow,  if  necessary,  for  prior  consultations  within  the  Council.  The  obligation  to  provide 
prior  information  shall  not  apply  to  measures  which  are  merely  a  national  transposition  of  Council 
decisions. 

4. 
In  cases  of  imperative  need  arising  from  changes  in  the  situation  and  failing  a  review  of 
the  Council  decision  as  referred  to  in  paragraph  1,  Member  States  may  take  the  necessary 
measures  as  a  matter  of  urgency  having  regard  to  the  general  objectives  of  that  decision.  The 
Member  State  concerned  shall  inform  the  Council  immediately  of  any  such  measures. 

5. 
Should  there be  any  major difficulties in  implementing  a  decision as  referred to  in  this Article, a 
Member  State  shall  refer  them  to  the  Council  which  shall  discuss  them  and  seek  appropriate 
solutions.  Such  solutions  shall  not  run  counter  to  the  objectives  of  the  decision  referred  to  in 
paragraph  1  or  impair  its  effectiveness.

Consolidated Treaties 
C  202/32 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/33
33

Article  27 

1. 

The  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy,  who  shall  chair 

the  Foreign  Affairs  Council,  shall  contribute  through  his  proposals  to  the  development  of  the 

common  foreign  and  security  policy  and  shall  ensure  implementation  of  the  decisions  adopted  by 

the  European  Council  and  the  Council. 

2. 

The  High  Representative  shall  represent  the  Union  for  matters  relating  to  the  common  foreign 

and  security  policy.  He  shall  conduct  political  dialogue  with  third  parties  on  the  Union's  behalf  and 

shall  express  the  Union's  position  in  international  organisations  and  at  international  conferences. 

3. 

In  fulfilling  his  mandate,  the  High  Representative  shall  be  assisted  by  a  European  External 

Action  Service.  This  service  shall  work 

in  cooperation  with  the  diplomatic  services  of  the 

Member  States  and  shall  comprise  officials  from  relevant  departments  of  the  General  Secretariat 

of  the  Council  and  of  the  Commission  as  well  as  staff  seconded  from  national  diplomatic  services  of 

the  Member  States.  The  organisation  and  functioning  of  the  European  External  Action  Service  shall 

be established by a decision of the Council. The Council shall act on a proposal from the High  Repre­

sentative  after  consulting 

the  European  Parliament  and  after  obtaining 

the  consent  of 

the  Commission. 

Article  28 

(ex  Article  14  TEU) 

1.  Where  the  international  situation  requires  operational  action  by  the  Union,  the  Council  shall 

adopt  the  necessary  decisions.  They  shall  lay  down  their  objectives,  scope,  the  means  to  be  made 

available  to  the  Union,  if  necessary  their  duration,  and  the  conditions  for  their  implementation. 

If  there  is  a  change  in  circumstances  having  a  substantial  effect  on  a  question  subject  to  such  a 

decision,  the  Council  shall  review the  principles  and  objectives of  that  decision  and  take  the  necessary 

decisions. 

decisions. 

2.  Decisions  referred  to  in  paragraph  1  shall  commit  the  Member  States  in  the  positions  they 

adopt  and  in  the  conduct  of  their  activity. 

3.  Whenever  there  is  any  plan  to  adopt  a  national  position  or  take  national  action  pursuant  to  a 

decision  as referred to  in  paragraph  1,  information  shall  be  provided  by  the  Member  State  concerned 

in  time  to  allow,  if  necessary,  for  prior  consultations  within  the  Council.  The  obligation  to  provide 

prior  information  shall  not  apply  to  measures  which  are  merely  a  national  transposition  of  Council 

Article  29 

(ex  Article  15  TEU) 

The Council shall adopt decisions  which shall define  the approach of  the Union  to  a particular matter 
of  a  geographical  or  thematic  nature.  Member  States  shall  ensure  that  their  national  policies  conform 
to  the  Union  positions. 

Article  30 

(ex  Article  22  TEU) 

1.  Any  Member  State,  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security 
Policy,  or  the  High  Representative  with  the  Commission's  support,  may  refer  any  question  relating 
to  the  common  foreign  and  security  policy  to  the  Council  and  may  submit  to  it,  respectively, 
initiatives  or  proposals. 

2. 
In  cases  requiring  a  rapid  decision,  the  High  Representative,  of  his  own  motion,  or  at  the 
request  of  a  Member  State,  shall  convene  an  extraordinary Council  meeting  within  48  hours  or,  in  an 
emergency,  within  a  shorter  period. 

Article  31 

(ex  Article  23  TEU) 

1.  Decisions  under  this  Chapter  shall  be  taken  by  the  European  Council  and  the  Council  acting 
unanimously,  except  where  this  Chapter  provides  otherwise.  The  adoption  of  legislative  acts  shall  be 
excluded. 

When  abstaining  in  a  vote,  any  member  of  the  Council  may  qualify  its  abstention  by  making  a 
formal  declaration  under  the  present  subparagraph.  In  that  case,  it  shall  not  be  obliged  to  apply  the 
decision,  but  shall  accept  that  the  decision  commits  the  Union.  In  a  spirit  of  mutual  solidarity,  the 
Member  State  concerned  shall  refrain  from  any  action  likely  to  conflict  with  or  impede  Union  action 
based  on  that  decision  and  the  other  Member  States  shall  respect  its  position.  If  the  members  of  the 
Council  qualifying  their  abstention  in  this  way  represent  at  least  one  third  of  the  Member  States 
comprising  at  least  one  third  of  the  population  of  the  Union,  the  decision  shall  not  be  adopted. 

2. 

By  derogation  from  the  provisions  of  paragraph  1,  the  Council  shall  act  by  qualified  majority: 

4. 

In  cases  of  imperative  need  arising  from  changes  in  the  situation  and  failing  a  review  of 

the  Council  decision  as  referred  to  in  paragraph  1,  Member  States  may  take  the  necessary 

measures  as  a  matter  of  urgency  having  regard  to  the  general  objectives  of  that  decision.  The 

Member  State  concerned  shall  inform  the  Council  immediately  of  any  such  measures. 

—  when  adopting  a  decision  defining  a  Union  action  or  position  on  the  basis  of  a  decision  of  the 
European  Council  relating  to  the  Union's  strategic  interests  and  objectives,  as  referred  to  in 
Article  22(1), 

5. 

Should  there be  any  major difficulties in  implementing  a  decision as  referred to  in  this Article, a 

Member  State  shall  refer  them  to  the  Council  which  shall  discuss  them  and  seek  appropriate 

solutions.  Such  solutions  shall  not  run  counter  to  the  objectives  of  the  decision  referred  to  in 

paragraph  1  or  impair  its  effectiveness.

—  when  adopting  a  decision  defining  a  Union  action  or  position,  on  a  proposal  which  the 
High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  has  presented 
following  a  specific  request  from  the  European  Council,  made  on  its  own  initiative  or  that  of 
the  High  Representative,

Consolidated version of the treaty on european union 
 
C  202/34 
34

EN 

Official Journal of the European Union 

7.6.2016

—  when  adopting  any  decision  implementing  a  decision  defining  a  Union  action  or  position, 

—  when  appointing  a  special  representative  in  accordance  with  Article  33. 

If  a  member  of  the  Council  declares  that,  for  vital  and  stated  reasons  of  national  policy,  it  intends  to 
oppose  the  adoption  of  a  decision  to  be  taken  by  qualified  majority,  a  vote  shall  not  be  taken.  The 
High  Representative  will,  in  close  consultation  with  the  Member  State  involved,  search  for  a  solution 
acceptable  to  it.  If  he  does  not  succeed,  the  Council  may,  acting  by  a  qualified  majority,  request  that 
the  matter  be  referred  to  the  European  Council  for  a  decision  by  unanimity. 

The  European  Council  may  unanimously  adopt  a  decision  stipulating  that  the  Council  shall  act 

3. 
by  a  qualified  majority  in  cases  other  than  those  referred  to  in  paragraph  2. 

4. 

Paragraphs  2  and  3  shall  not  apply  to  decisions  having  military  or  defence  implications. 

5. 

For  procedural  questions,  the  Council  shall  act  by  a  majority  of  its  members. 

Article  32 

(ex  Article  16  TEU) 

Member  States  shall consult  one  another  within  the  European  Council and  the Council on  any matter 
of  foreign  and  security  policy  of  general  interest  in  order  to  determine  a  common  approach.  Before 
undertaking  any  action  on  the  international  scene  or  entering  into  any  commitment  which  could 
affect  the  Union's  interests,  each  Member  State  shall  consult  the  others  within  the  European  Council 
or  the  Council.  Member  States  shall  ensure,  through  the  convergence  of  their  actions,  that  the  Union 
is  able  to  assert  its  interests  and  values  on  the  international  scene.  Member  States  shall  show  mutual 
solidarity. 

When  the  European  Council  or  the  Council  has defined  a  common  approach of  the  Union  within  the 
meaning  of  the  first  paragraph,  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security 
Policy  and  the  Ministers  for  Foreign  Affairs  of  the  Member  States  shall  coordinate  their  activities 
within  the  Council. 

The  diplomatic  missions  of  the  Member  States  and  the  Union  delegations  in  third  countries  and  at 
international  organisations  shall  cooperate  and  shall  contribute  to  formulating  and  implementing  the 
common  approach. 

Article  33 

(ex  Article  18  TEU) 

The  Council  may,  on  a  proposal  from  the  High  Representative  of  the  Union  for  Foreign  Affairs  and 
Security  Policy,  appoint  a  special  representative  with  a  mandate  in  relation  to  particular  policy  issues. 
The special representative shall carry out his mandate under the authority of the High  Representative.

Consolidated Treaties 
C  202/34 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/35
35

—  when  adopting  any  decision  implementing  a  decision  defining  a  Union  action  or  position, 

—  when  appointing  a  special  representative  in  accordance  with  Article  33. 

If  a  member  of  the  Council  declares  that,  for  vital  and  stated  reasons  of  national  policy,  it  intends  to 

oppose  the  adoption  of  a  decision  to  be  taken  by  qualified  majority,  a  vote  shall  not  be  taken.  The 

High  Representative  will,  in  close  consultation  with  the  Member  State  involved,  search  for  a  solution 

acceptable  to  it.  If  he  does  not  succeed,  the  Council  may,  acting  by  a  qualified  majority,  request  that 

the  matter  be  referred  to  the  European  Council  for  a  decision  by  unanimity. 

3. 

The  European  Council  may  unanimously  adopt  a  decision  stipulating  that  the  Council  shall  act 

by  a  qualified  majority  in  cases  other  than  those  referred  to  in  paragraph  2. 

4. 

Paragraphs  2  and  3  shall  not  apply  to  decisions  having  military  or  defence  implications. 

5. 

For  procedural  questions,  the  Council  shall  act  by  a  majority  of  its  members. 

Article  32 

(ex  Article  16  TEU) 

Member  States  shall consult  one  another  within  the  European  Council and  the Council on  any matter 

of  foreign  and  security  policy  of  general  interest  in  order  to  determine  a  common  approach.  Before 

undertaking  any  action  on  the  international  scene  or  entering  into  any  commitment  which  could 

affect  the  Union's  interests,  each  Member  State  shall  consult  the  others  within  the  European  Council 

or  the  Council.  Member  States  shall  ensure,  through  the  convergence  of  their  actions,  that  the  Union 

is  able  to  assert  its  interests  and  values  on  the  international  scene.  Member  States  shall  show  mutual 

solidarity. 

When  the  European  Council  or  the  Council  has defined  a  common  approach of  the  Union  within  the 

meaning  of  the  first  paragraph,  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security 

Policy  and  the  Ministers  for  Foreign  Affairs  of  the  Member  States  shall  coordinate  their  activities 

within  the  Council. 

common  approach. 

The  diplomatic  missions  of  the  Member  States  and  the  Union  delegations  in  third  countries  and  at 

international  organisations  shall  cooperate  and  shall  contribute  to  formulating  and  implementing  the 

Article  33 

(ex  Article  18  TEU) 

The  Council  may,  on  a  proposal  from  the  High  Representative  of  the  Union  for  Foreign  Affairs  and 

Security  Policy,  appoint  a  special  representative  with  a  mandate  in  relation  to  particular  policy  issues. 

The special representative shall carry out his mandate under the authority of the High  Representative.

Article  34 

(ex  Article  19  TEU) 

1.  Member  States  shall  coordinate  their  action  in  international  organisations  and  at  international 
conferences.  They  shall  uphold  the  Union's  positions  in  such  forums.  The  High  Representative  of  the 
Union  for  Foreign  Affairs  and  Security  Policy  shall  organise  this  coordination. 

In  international  organisations  and  at  international  conferences  where  not  all  the  Member  States 
participate,  those  which  do  take  part  shall  uphold  the  Union's  positions. 

2. 
In  accordance  with  Article  24(3),  Member  States  represented  in  international  organisations  or 
international  conferences  where  not  all  the  Member  States  participate  shall  keep  the  other  Member 
States  and  the  High  Representative  informed  of  any  matter  of  common  interest. 

Member  States  which  are  also  members  of  the  United  Nations  Security  Council  will  concert  and  keep 
the  other  Member  States  and  the  High  Representative  fully  informed.  Member  States  which  are 
members  of  the  Security  Council  will,  in  the  execution  of  their  functions,  defend  the  positions 
and  the  interests  of  the  Union,  without  prejudice  to  their  responsibilities  under  the  provisions  of 
the  United  Nations  Charter. 

When  the  Union  has defined  a  position  on  a  subject  which is  on  the  United  Nations  Security Council 
agenda,  those  Member  States  which  sit  on  the  Security  Council  shall  request  that  the  High  Repre­
sentative  be  invited  to  present  the  Union's  position. 

Article  35 

(ex  Article  20  TEU) 

The  diplomatic  and  consular  missions  of  the  Member  States  and  the  Union  delegations  in 
third  countries  and  international  conferences,  and  their  representations  to  international  organi­
sations,  shall  cooperate  in  ensuring  that  decisions  defining  Union  positions  and  actions  adopted 
pursuant  to  this  Chapter  are  complied  with  and  implemented. 

They  shall  step  up  cooperation  by  exchanging  information  and  carrying  out  joint  assessments. 

They  shall  contribute  to  the  implementation  of  the  right  of  citizens  of  the  Union  to  protection  in  the 
territory  of  third  countries  as  referred  to  in  Article  20(2)(c)  of  the  Treaty  on  the  Functioning  of  the 
European  Union  and  of  the  measures  adopted  pursuant  to  Article  23  of  that  Treaty. 

Article  36 

(ex  Article  21  TEU) 

The  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  shall  regularly  consult 
the  European  Parliament  on  the  main  aspects  and  the  basic  choices  of  the  common  foreign  and 
security  policy  and  the  common  security  and  defence  policy  and  inform  it  of  how  those  policies 
evolve.  He  shall  ensure  that  the  views  of  the  European  Parliament  are  duly  taken  into  consideration. 
Special  representatives  may  be  involved  in  briefing  the  European  Parliament.

Consolidated version of the treaty on european union 
 
C  202/36 
36

EN 

Official Journal of the European Union 

7.6.2016

The  European  Parliament  may  address  questions  or  make  recommendations  to  the  Council  or  the 
High  Representative.  Twice  a  year  it  shall  hold  a  debate  on  progress  in  implementing  the  common 
foreign  and  security  policy,  including  the  common  security  and  defence  policy. 

Article  37 

(ex  Article  24  TEU) 

The  Union  may  conclude  agreements  with  one  or  more  States  or  international  organisations  in  areas 
covered  by  this  Chapter. 

Article  38 

(ex  Article  25  TEU) 

Without prejudice to  Article  240  of  the  Treaty on  the  Functioning  of  the  European Union,  a  Political 
and  Security  Committee  shall  monitor  the  international  situation  in  the  areas  covered  by  the 
common  foreign  and  security  policy  and  contribute  to  the  definition  of  policies  by  delivering 
opinions  to  the  Council  at  the  request  of  the  Council  or  of  the  High  Representative  of  the  Union 
for  Foreign  Affairs  and  Security  Policy  or  on  its  own  initiative.  It  shall  also  monitor  the  implemen­
tation  of  agreed  policies,  without  prejudice  to  the  powers  of  the  High  Representative. 

Within  the  scope  of  this  Chapter,  the  Political  and  Security  Committee  shall  exercise,  under  the 
responsibility  of  the  Council  and  of  the  High  Representative,  the  political  control  and  strategic 
direction  of  the  crisis  management  operations  referred  to  in  Article  43. 

The  Council  may  authorise  the  Committee,  for  the  purpose  and  for  the  duration  of  a  crisis 
management  operation,  as  determined  by  the  Council,  to  take  the  relevant  decisions  concerning 
the  political  control  and  strategic  direction  of  the  operation. 

Article  39 

In  accordance  with  Article  16  of  the  Treaty  on  the  Functioning  of  the  European  Union  and  by  way 
of  derogation  from  paragraph  2  thereof,  the  Council  shall  adopt  a  decision  laying  down  the  rules 
relating  to  the  protection  of  individuals  with  regard  to  the  processing  of  personal  data  by  the 
Member  States  when  carrying  out  activities  which  fall  within  the  scope  of  this  Chapter,  and  the 
rules  relating  to  the  free  movement  of  such  data.  Compliance  with  these  rules  shall  be  subject  to  the 
control  of  independent  authorities.

Consolidated Treaties 
C  202/36 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/37
37

The  European  Parliament  may  address  questions  or  make  recommendations  to  the  Council  or  the 

High  Representative.  Twice  a  year  it  shall  hold  a  debate  on  progress  in  implementing  the  common 

foreign  and  security  policy,  including  the  common  security  and  defence  policy. 

Article  40 

(ex  Article  47  TEU) 

Article  37 

(ex  Article  24  TEU) 

Article  38 

(ex  Article  25  TEU) 

The  Union  may  conclude  agreements  with  one  or  more  States  or  international  organisations  in  areas 

covered  by  this  Chapter. 

Without prejudice to  Article  240  of  the  Treaty on  the  Functioning  of  the  European Union,  a  Political 

and  Security  Committee  shall  monitor  the  international  situation  in  the  areas  covered  by  the 

common  foreign  and  security  policy  and  contribute  to  the  definition  of  policies  by  delivering 

opinions  to  the  Council  at  the  request  of  the  Council  or  of  the  High  Representative  of  the  Union 

for  Foreign  Affairs  and  Security  Policy  or  on  its  own  initiative.  It  shall  also  monitor  the  implemen­

tation  of  agreed  policies,  without  prejudice  to  the  powers  of  the  High  Representative. 

Within  the  scope  of  this  Chapter,  the  Political  and  Security  Committee  shall  exercise,  under  the 

responsibility  of  the  Council  and  of  the  High  Representative,  the  political  control  and  strategic 

direction  of  the  crisis  management  operations  referred  to  in  Article  43. 

The  Council  may  authorise  the  Committee,  for  the  purpose  and  for  the  duration  of  a  crisis 

management  operation,  as  determined  by  the  Council,  to  take  the  relevant  decisions  concerning 

the  political  control  and  strategic  direction  of  the  operation. 

Article  39 

In  accordance  with  Article  16  of  the  Treaty  on  the  Functioning  of  the  European  Union  and  by  way 

of  derogation  from  paragraph  2  thereof,  the  Council  shall  adopt  a  decision  laying  down  the  rules 

relating  to  the  protection  of  individuals  with  regard  to  the  processing  of  personal  data  by  the 

Member  States  when  carrying  out  activities  which  fall  within  the  scope  of  this  Chapter,  and  the 

rules  relating  to  the  free  movement  of  such  data.  Compliance  with  these  rules  shall  be  subject  to  the 

control  of  independent  authorities.

The  implementation  of  the  common  foreign  and  security policy shall not  affect  the  application  of  the 
procedures  and  the  extent  of  the  powers  of  the  institutions  laid  down  by  the  Treaties  for  the  exercise 
of  the  Union  competences  referred  to  in  Articles  3  to  6  of  the  Treaty  on  the  Functioning  of  the 
European  Union. 

Similarly,  the  implementation  of  the  policies  listed  in  those  Articles  shall  not  affect  the  application  of 
the  procedures  and  the  extent  of  the  powers  of  the  institutions  laid  down  by  the  Treaties  for  the 
exercise  of  the  Union  competences  under  this  Chapter. 

Article  41 

(ex  Article  28  TEU) 

1.  Administrative  expenditure  to  which  the  implementation  of  this  Chapter  gives  rise  for  the 
institutions  shall  be  charged  to  the  Union  budget. 

2.  Operating  expenditure  to  which  the  implementation  of  this  Chapter  gives  rise  shall  also  be 
charged  to  the  Union  budget,  except  for  such  expenditure  arising  from  operations  having  military  or 
defence  implications  and  cases  where  the  Council  acting  unanimously  decides  otherwise. 

In  cases  where  expenditure  is  not  charged  to  the  Union  budget,  it  shall  be  charged  to  the 
Member  States  in  accordance  with  the  gross  national  product  scale,  unless  the  Council  acting 
unanimously  decides  otherwise.  As  for  expenditure  arising  from  operations  having  military  or 
defence  implications,  Member  States  whose  representatives  in  the  Council  have  made  a  formal 
declaration  under  Article  31(1),  second  subparagraph,  shall  not  be  obliged  to  contribute  to  the 
financing  thereof. 

3. 
The  Council  shall  adopt  a  decision  establishing  the  specific  procedures  for  guaranteeing  rapid 
access  to  appropriations  in  the  Union  budget  for  urgent  financing  of  initiatives  in  the  framework  of 
the  common  foreign  and  security  policy,  and  in  particular  for  preparatory  activities  for  the  tasks 
referred  to  in  Article  42(1)  and  Article  43.  It  shall  act  after  consulting  the  European  Parliament. 

Preparatory  activities  for  the  tasks  referred  to  in  Article  42(1)  and  Article  43  which  are  not  charged 
to  the  Union  budget  shall  be  financed  by  a  start-up  fund  made  up  of  Member  States'  contributions. 

The  Council  shall  adopt  by  a  qualified  majority,  on  a  proposal  from  the  High  Representative  of 
the  Union  for  Foreign  Affairs  and  Security  Policy,  decisions  establishing: 

(a)  the  procedures  for  setting  up  and  financing  the  start-up  fund,  in  particular  the  amounts  allocated 

to  the  fund; 

(b)  the  procedures  for  administering  the  start-up  fund;

Consolidated version of the treaty on european union 
 
C  202/38 
38

EN 

Official Journal of the European Union 

7.6.2016

(c)  the  financial  control  procedures. 

When  the  task  planned  in  accordance  with  Article  42(1)  and  Article  43  cannot  be  charged  to 
the  Union  budget,  the  Council  shall  authorise  the  High  Representative  to  use  the  fund.  The 
High  Representative  shall  report  to  the  Council  on  the  implementation  of  this  remit. 

PROVISIONS  ON  THE  COMMON  SECURITY  AND  DEFENCE  POLICY 

SECTION  2 

Article  42 

(ex  Article  17  TEU) 

The  common  security  and  defence  policy  shall  be  an  integral  part  of  the  common  foreign  and 
1. 
security  policy.  It  shall  provide  the  Union  with  an  operational  capacity  drawing  on  civilian  and 
military  assets.  The  Union  may  use  them  on  missions  outside  the  Union  for  peace-keeping,  conflict 
prevention  and  strengthening  international  security  in  accordance  with  the  principles  of  the 
United  Nations  Charter.  The  performance  of  these  tasks  shall  be  undertaken  using  capabilities 
provided  by  the  Member  States. 

The  common  security  and  defence  policy  shall  include  the  progressive  framing  of  a  common 
2. 
Union  defence  policy.  This  will  lead  to  a  common  defence,  when  the  European  Council,  acting 
unanimously,  so  decides.  It  shall  in  that  case  recommend  to  the  Member  States  the  adoption  of  such 
a  decision  in  accordance  with  their  respective  constitutional  requirements. 

The  policy  of  the  Union  in  accordance  with  this  Section  shall  not  prejudice  the  specific  character  of 
the  security  and  defence  policy  of  certain  Member  States  and  shall  respect  the  obligations  of  certain 
Member  States,  which  see  their  common  defence  realised  in  the  North  Atlantic  Treaty  Organi­
sation 
(NATO),  under  the  North  Atlantic  Treaty  and  be  compatible  with  the  common  security 
and  defence  policy  established  within  that  framework. 

3.  Member  States  shall  make  civilian  and  military  capabilities  available  to  the  Union  for  the 
implementation  of  the  common  security  and  defence  policy,  to  contribute  to  the  objectives 
defined  by  the  Council.  Those  Member  States  which  together  establish  multinational  forces  may 
also  make  them  available  to  the  common  security  and  defence  policy. 

Member  States  shall  undertake  progressively  to  improve  their  military  capabilities.  The  Agency  in  the 
field  of  defence  capabilities  development,  research,  acquisition  and  armaments  (hereinafter  referred  to 
as  ‘the  European  Defence  Agency’)  shall  identify  operational  requirements,  shall  promote  measures  to 
satisfy  those  requirements,  shall  contribute  to  identifying  and,  where  appropriate,  implementing  any 
measure  needed  to  strengthen  the  industrial  and  technological  base  of  the  defence  sector,  shall 
participate  in  defining  a  European  capabilities  and  armaments  policy,  and  shall  assist  the  Council 
in  evaluating  the  improvement  of  military  capabilities.

Consolidated Treaties 
C  202/38 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/39
39

(c)  the  financial  control  procedures. 

When  the  task  planned  in  accordance  with  Article  42(1)  and  Article  43  cannot  be  charged  to 

the  Union  budget,  the  Council  shall  authorise  the  High  Representative  to  use  the  fund.  The 

High  Representative  shall  report  to  the  Council  on  the  implementation  of  this  remit. 

PROVISIONS  ON  THE  COMMON  SECURITY  AND  DEFENCE  POLICY 

SECTION  2 

Article  42 

(ex  Article  17  TEU) 

1. 

The  common  security  and  defence  policy  shall  be  an  integral  part  of  the  common  foreign  and 

security  policy.  It  shall  provide  the  Union  with  an  operational  capacity  drawing  on  civilian  and 

military  assets.  The  Union  may  use  them  on  missions  outside  the  Union  for  peace-keeping,  conflict 

prevention  and  strengthening  international  security  in  accordance  with  the  principles  of  the 

United  Nations  Charter.  The  performance  of  these  tasks  shall  be  undertaken  using  capabilities 

provided  by  the  Member  States. 

4.  Decisions  relating  to  the  common  security  and  defence  policy,  including  those  initiating  a 
mission  as  referred  to  in  this  Article,  shall  be  adopted  by  the  Council  acting  unanimously  on  a 
proposal  from  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  or  an 
initiative  from  a  Member  State.  The  High  Representative  may  propose  the  use  of  both  national 
resources  and  Union  instruments,  together  with  the  Commission  where  appropriate. 

5. 
The  Council  may  entrust  the  execution  of  a  task,  within  the  Union  framework,  to  a  group  of 
Member  States  in  order  to  protect  the  Union's  values  and  serve  its  interests.  The  execution  of  such  a 
task  shall  be  governed  by  Article  44. 

6. 
Those  Member  States  whose  military  capabilities  fulfil  higher  criteria  and  which  have  made 
more  binding  commitments  to  one  another  in  this  area  with  a  view  to  the  most  demanding  missions 
shall  establish  permanent  structured  cooperation  within  the  Union  framework.  Such  cooperation 
shall  be  governed  by  Article  46.  It  shall  not  affect  the  provisions  of  Article  43. 

7. 
If  a  Member  State  is  the  victim  of  armed  aggression  on  its  territory,  the  other  Member  States 
shall  have  towards  it  an  obligation  of  aid  and  assistance  by  all  the  means  in  their  power,  in 
accordance  with  Article  51  of  the  United  Nations  Charter.  This  shall  not  prejudice  the  specific 
character  of  the  security  and  defence  policy  of  certain  Member  States. 

2. 

The  common  security  and  defence  policy  shall  include  the  progressive  framing  of  a  common 

Union  defence  policy.  This  will  lead  to  a  common  defence,  when  the  European  Council,  acting 

unanimously,  so  decides.  It  shall  in  that  case  recommend  to  the  Member  States  the  adoption  of  such 

a  decision  in  accordance  with  their  respective  constitutional  requirements. 

Commitments  and  cooperation  in  this  area  shall  be  consistent  with  commitments  under  the 
North  Atlantic  Treaty  Organisation,  which,  for  those  States  which  are  members  of  it,  remains  the 
foundation  of  their  collective  defence  and  the  forum  for  its  implementation. 

The  policy  of  the  Union  in  accordance  with  this  Section  shall  not  prejudice  the  specific  character  of 

the  security  and  defence  policy  of  certain  Member  States  and  shall  respect  the  obligations  of  certain 

Member  States,  which  see  their  common  defence  realised  in  the  North  Atlantic  Treaty  Organi­

sation 

(NATO),  under  the  North  Atlantic  Treaty  and  be  compatible  with  the  common  security 

and  defence  policy  established  within  that  framework. 

3.  Member  States  shall  make  civilian  and  military  capabilities  available  to  the  Union  for  the 

implementation  of  the  common  security  and  defence  policy,  to  contribute  to  the  objectives 

defined  by  the  Council.  Those  Member  States  which  together  establish  multinational  forces  may 

also  make  them  available  to  the  common  security  and  defence  policy. 

Article  43 

1. 
The  tasks  referred  to  in  Article  42(1),  in  the  course  of  which  the  Union  may  use  civilian  and 
military  means,  shall  include  joint  disarmament  operations,  humanitarian  and  rescue  tasks,  military 
advice  and  assistance  tasks,  conflict  prevention  and  peace-keeping  tasks,  tasks  of  combat  forces  in 
crisis  management,  including  peace-making  and  post-conflict  stabilisation.  All  these  tasks  may 
contribute  to  the  fight  against  terrorism,  including  by  supporting  third  countries  in  combating 
terrorism  in  their  territories. 

2. 
The  Council  shall adopt  decisions  relating  to  the  tasks  referred to  in  paragraph  1,  defining  their 
objectives  and  scope  and  the  general  conditions  for  their  implementation.  The  High  Representative 
of  the  Union  for  Foreign  Affairs  and  Security  Policy, acting  under  the  authority  of  the  Council  and  in 
close  and  constant  contact  with  the  Political  and  Security  Committee,  shall  ensure  coordination  of 
the  civilian  and  military  aspects  of  such  tasks. 

Member  States  shall  undertake  progressively  to  improve  their  military  capabilities.  The  Agency  in  the 

field  of  defence  capabilities  development,  research,  acquisition  and  armaments  (hereinafter  referred  to 

as  ‘the  European  Defence  Agency’)  shall  identify  operational  requirements,  shall  promote  measures  to 

satisfy  those  requirements,  shall  contribute  to  identifying  and,  where  appropriate,  implementing  any 

measure  needed  to  strengthen  the  industrial  and  technological  base  of  the  defence  sector,  shall 

participate  in  defining  a  European  capabilities  and  armaments  policy,  and  shall  assist  the  Council 

in  evaluating  the  improvement  of  military  capabilities.

Article  44 

1.  Within  the  framework  of  the  decisions  adopted  in  accordance  with  Article  43,  the  Council 
may  entrust  the  implementation  of  a  task  to  a  group  of  Member  States  which  are  willing  and  have 
the  necessary  capability  for  such  a  task.  Those  Member  States,  in  association  with  the  High  Repre­
sentative  of  the  Union  for  Foreign  Affairs  and  Security  Policy,  shall  agree  among  themselves  on  the 
management  of  the  task.

Consolidated version of the treaty on european union 
 
C  202/40 
40

EN 

Official Journal of the European Union 

7.6.2016

2.  Member  States  participating  in  the  task  shall  keep  the  Council  regularly informed  of  its  progress 
on  their  own  initiative  or  at  the  request  of  another  Member  State.  Those  States  shall  inform  the 
Council  immediately  should  the  completion  of  the  task  entail  major  consequences  or  require 
amendment  of  the  objective,  scope  and  conditions  determined  for  the  task  in  the  decisions 
referred  to  in  paragraph  1.  In  such  cases,  the  Council  shall  adopt  the  necessary  decisions. 

The  European  Defence  Agency  referred  to  in  Article  42(3),  subject  to  the  authority  of 

1. 
the  Council,  shall  have  as  its  task  to: 

Article  45 

(a)  contribute  to  identifying  the  Member  States'  military  capability  objectives  and  evaluating 

observance  of  the  capability  commitments  given  by  the  Member  States; 

(b)  promote  harmonisation  of  operational  needs  and  adoption  of  effective,  compatible  procurement 

methods; 

(c)  propose  multilateral  projects  to  fulfil  the  objectives  in  terms  of  military  capabilities,  ensure 
coordination  of  the  programmes  implemented  by  the  Member  States  and  management  of 
specific  cooperation  programmes; 

(d)  support  defence  technology  research,  and  coordinate  and  plan  joint  research  activities  and  the 

study  of  technical  solutions  meeting  future  operational  needs; 

(e)  contribute  to  identifying  and,  if  necessary,  implementing  any  useful  measure  for  strengthening 
the  industrial  and  technological  base  of  the  defence  sector  and  for  improving  the  effectiveness  of 
military  expenditure. 

The  European  Defence  Agency  shall  be  open  to  all  Member  States  wishing  to  be  part  of  it.  The 
2. 
Council,  acting  by  a  qualified  majority,  shall  adopt  a  decision  defining  the  Agency's  statute,  seat  and 
operational  rules.  That  decision  should  take  account  of  the  level  of  effective  participation  in  the 
Agency's  activities.  Specific  groups  shall  be  set  up  within  the  Agency  bringing  together  Member 
States  engaged  in  joint  projects.  The  Agency  shall  carry  out  its  tasks  in  liaison  with  the  Commission 
where  necessary. 

Article  46 

1. 
Those  Member  States  which  wish  to  participate  in  the  permanent  structured  cooperation 
referred  to  in  Article  42(6),  which  fulfil  the  criteria  and  have  made  the  commitments  on  military 
capabilities  set  out  in  the  Protocol  on  permanent  structured  cooperation,  shall  notify  their  intention 
to  the  Council  and  to  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy. 

2.  Within  three  months  following  the  notification  referred  to  in  paragraph  1  the  Council  shall 
adopt  a  decision  establishing  permanent  structured  cooperation  and  determining  the  list  of  partici­
pating  Member  States.  The  Council  shall  act  by  a  qualified  majority  after  consulting  the  High  Repre­
sentative.

Consolidated Treaties 
C  202/40 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/41
41

2.  Member  States  participating  in  the  task  shall  keep  the  Council  regularly informed  of  its  progress 

on  their  own  initiative  or  at  the  request  of  another  Member  State.  Those  States  shall  inform  the 

Council  immediately  should  the  completion  of  the  task  entail  major  consequences  or  require 

amendment  of  the  objective,  scope  and  conditions  determined  for  the  task  in  the  decisions 

referred  to  in  paragraph  1.  In  such  cases,  the  Council  shall  adopt  the  necessary  decisions. 

1. 

The  European  Defence  Agency  referred  to  in  Article  42(3),  subject  to  the  authority  of 

the  Council,  shall  have  as  its  task  to: 

Article  45 

(a)  contribute  to  identifying  the  Member  States'  military  capability  objectives  and  evaluating 

observance  of  the  capability  commitments  given  by  the  Member  States; 

(b)  promote  harmonisation  of  operational  needs  and  adoption  of  effective,  compatible  procurement 

methods; 

3.  Any  Member  State  which,  at  a  later  stage,  wishes  to  participate  in  the  permanent  structured 
cooperation  shall  notify  its  intention  to  the  Council  and  to  the  High  Representative. 

The  Council  shall  adopt  a  decision  confirming  the  participation  of  the  Member  State  concerned 
which  fulfils  the  criteria  and  makes  the  commitments  referred  to  in  Articles  1  and  2  of  the  Protocol 
on  permanent  structured  cooperation.  The  Council  shall  act  by  a  qualified  majority  after  consulting 
the  High  Representative.  Only  members  of  the  Council  representing  the  participating  Member  States 
shall  take  part  in  the  vote. 

A  qualified  majority  shall  be  defined  in  accordance  with  Article  238(3)(a)  of  the  Treaty  on  the 
Functioning  of  the  European  Union. 

4. 
If  a  participating  Member  State  no  longer  fulfils  the  criteria  or  is  no  longer  able  to  meet  the 
commitments  referred  to  in  Articles  1  and  2  of  the  Protocol  on  permanent  structured  cooperation, 
the  Council  may  adopt  a  decision  suspending  the  participation  of  the  Member  State  concerned. 

(c)  propose  multilateral  projects  to  fulfil  the  objectives  in  terms  of  military  capabilities,  ensure 

coordination  of  the  programmes  implemented  by  the  Member  States  and  management  of 

specific  cooperation  programmes; 

The  Council  shall  act  by  a  qualified  majority.  Only  members  of  the  Council  representing  the 
participating  Member  States,  with  the  exception  of  the  Member  State  in  question,  shall  take  part 
in  the  vote. 

(d)  support  defence  technology  research,  and  coordinate  and  plan  joint  research  activities  and  the 

study  of  technical  solutions  meeting  future  operational  needs; 

A  qualified  majority  shall  be  defined  in  accordance  with  Article  238(3)(a)  of  the  Treaty  on  the 
Functioning  of  the  European  Union. 

(e)  contribute  to  identifying  and,  if  necessary,  implementing  any  useful  measure  for  strengthening 

the  industrial  and  technological  base  of  the  defence  sector  and  for  improving  the  effectiveness  of 

military  expenditure. 

5.  Any  participating  Member  State  which  wishes  to  withdraw  from  permanent  structured 
cooperation  shall  notify  its  intention  to  the  Council,  which  shall  take  note  that  the  Member  State 
in  question  has  ceased  to  participate. 

2. 

The  European  Defence  Agency  shall  be  open  to  all  Member  States  wishing  to  be  part  of  it.  The 

Council,  acting  by  a  qualified  majority,  shall  adopt  a  decision  defining  the  Agency's  statute,  seat  and 

operational  rules.  That  decision  should  take  account  of  the  level  of  effective  participation  in  the 

Agency's  activities.  Specific  groups  shall  be  set  up  within  the  Agency  bringing  together  Member 

States  engaged  in  joint  projects.  The  Agency  shall  carry  out  its  tasks  in  liaison  with  the  Commission 

where  necessary. 

Article  46 

1. 

Those  Member  States  which  wish  to  participate  in  the  permanent  structured  cooperation 

referred  to  in  Article  42(6),  which  fulfil  the  criteria  and  have  made  the  commitments  on  military 

capabilities  set  out  in  the  Protocol  on  permanent  structured  cooperation,  shall  notify  their  intention 

to  the  Council  and  to  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy. 

2.  Within  three  months  following  the  notification  referred  to  in  paragraph  1  the  Council  shall 

adopt  a  decision  establishing  permanent  structured  cooperation  and  determining  the  list  of  partici­

pating  Member  States.  The  Council  shall  act  by  a  qualified  majority  after  consulting  the  High  Repre­

sentative.

The  decisions  and  recommendations  of  the  Council  within  the  framework  of  permanent 
6. 
structured  cooperation,  other  than  those  provided  for  in  paragraphs  2  to  5,  shall  be  adopted  by 
unanimity.  For  the  purposes  of  this  paragraph,  unanimity  shall  be  constituted  by  the  votes  of  the 
representatives  of  the  participating  Member  States  only. 

The  Union  shall  have  legal  personality. 

TITLE  VI 

FINAL  PROVISIONS 

Article  47 

Article  48 

(ex  Article  48  TEU) 

The  Treaties  may  be  amended  in  accordance  with  an  ordinary  revision  procedure.  They  may 

1. 
also  be  amended  in  accordance  with  simplified  revision  procedures.

Consolidated version of the treaty on european union 
 
C  202/42 
42

EN 

Ordinary  revision  procedure 

Official Journal of the European Union 

7.6.2016

The  Government  of  any  Member  State,  the  European  Parliament  or  the  Commission  may 
2. 
submit  to  the  Council  proposals  for  the  amendment  of  the  Treaties.  These  proposals  may,  inter  alia, 
serve  either  to  increase  or  to  reduce  the  competences  conferred  on  the  Union  in  the  Treaties.  These 
proposals  shall  be  submitted  to  the  European  Council  by  the  Council  and  the  national  Parliaments 
shall  be  notified. 

3. 
If  the  European  Council,  after  consulting  the  European  Parliament  and  the  Commission,  adopts 
by  a  simple  majority  a  decision  in  favour  of  examining  the  proposed  amendments,  the  President  of 
the  European  Council  shall  convene  a  Convention  composed  of  representatives  of  the  national 
Parliaments,  of  the  Heads  of  State  or  Government  of  the  Member  States,  of  the  European  Parliament 
and  of  the  Commission.  The  European  Central  Bank  shall  also  be  consulted  in  the  case  of  institu­
tional  changes  in  the  monetary  area.  The  Convention  shall  examine  the  proposals  for  amendments 
and  shall  adopt  by  consensus  a  recommendation  to  a  conference  of  representatives  of  the 
governments  of  the  Member  States  as  provided  for  in  paragraph  4. 

The  European  Council  may  decide  by  a  simple  majority,  after  obtaining  the  consent  of  the 
European  Parliament,  not  to  convene  a  Convention  should  this  not  be  justified  by  the  extent  of 
the  proposed  amendments.  In  the  latter  case,  the  European  Council  shall  define  the  terms  of 
reference  for  a  conference  of  representatives  of  the  governments  of  the  Member  States. 

4.  A  conference  of  representatives  of  the  governments  of  the  Member  States  shall  be  convened  by 
the  President  of  the  Council  for  the  purpose  of  determining  by  common  accord  the  amendments  to 
be  made  to  the  Treaties. 

The  amendments  shall  enter  into  force  after  being  ratified  by  all  the  Member  States  in  accordance 
with  their  respective  constitutional  requirements. 

5. 
If,  two  years  after  the  signature  of  a  treaty  amending  the  Treaties,  four  fifths  of  the 
Member  States  have  ratified  it  and  one  or  more  Member  States  have  encountered  difficulties  in 
proceeding  with  ratification,  the  matter  shall  be  referred  to  the  European  Council. 

Simplified  revision  procedures 

6. 
The  Government  of  any  Member  State,  the  European  Parliament  or  the  Commission  may 
submit  to  the  European  Council  proposals  for  revising  all  or  part  of  the  provisions  of  Part  Three 
of  the  Treaty on  the  Functioning  of  the  European  Union  relating  to  the  internal  policies  and  action  of 
the  Union. 

The  European  Council  may  adopt  a  decision  amending  all  or  part  of  the  provisions  of  Part  Three  of 
the  Treaty  on  the  Functioning  of  the  European  Union.  The  European  Council  shall  act  by  unanimity 
after  consulting  the  European  Parliament  and  the  Commission,  and  the  European  Central  Bank  in  the 
case  of  institutional  changes  in  the  monetary  area.  That  decision  shall  not  enter  into  force  until  it  is 
approved  by  the  Member  States  in  accordance  with  their  respective  constitutional  requirements. 

The  decision  referred  to  in  the  second  subparagraph shall  not  increase  the  competences  conferred  on 
the  Union  in  the  Treaties.

Consolidated Treaties 
C  202/42 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/43
43

7.  Where  the  Treaty  on  the  Functioning  of  the  European  Union  or  Title  V  of  this  Treaty  provides 
for  the  Council  to  act  by  unanimity  in  a  given  area  or  case,  the  European  Council  may  adopt  a 
decision  authorising  the  Council  to  act  by  a  qualified  majority  in  that  area  or  in  that  case.  This 
subparagraph  shall  not  apply  to  decisions  with  military  implications  or  those  in  the  area  of  defence. 

Where  the  Treaty  on  the  Functioning  of  the  European  Union  provides  for  legislative  acts  to  be 
adopted  by  the  Council  in  accordance  with  a  special  legislative  procedure,  the  European  Council  may 
adopt  a  decision  allowing  for  the  adoption  of  such  acts  in  accordance  with  the  ordinary  legislative 
procedure. 

Any  initiative  taken  by  the  European  Council  on  the  basis  of  the  first  or  the  second  subparagraph 
shall  be  notified  to  the  national  Parliaments.  If  a  national  Parliament  makes  known  its  opposition 
within  six  months  of  the  date  of  such  notification,  the  decision  referred  to  in  the  first  or  the 
second  subparagraph  shall  not  be  adopted.  In  the  absence  of  opposition,  the  European  Council 
may  adopt  the  decision. 

For  the  adoption  of  the  decisions  referred  to 
in  the  first  and  second  subparagraphs,  the 
European  Council  shall  act  by  unanimity  after  obtaining  the  consent  of  the  European  Parliament, 
which  shall  be  given  by  a  majority  of  its  component  members. 

Article  49 

(ex  Article  49  TEU) 

Any  European  State  which  respects  the  values  referred  to  in  Article  2  and  is  committed  to 
promoting  them  may  apply  to  become  a  member  of  the  Union.  The  European  Parliament  and 
national  Parliaments  shall  be  notified  of  this  application.  The  applicant  State  shall  address  its  appli­
cation  to  the  Council,  which  shall  act  unanimously  after  consulting  the  Commission  and  after 
receiving  the  consent  of  the  European  Parliament,  which  shall  act  by  a  majority  of  its  component 
members.  The  conditions  of  eligibility  agreed  upon  by  the  European  Council  shall  be  taken 
into  account. 

The  conditions  of  admission  and  the  adjustments  to  the  Treaties  on  which  the  Union  is  founded, 
which  such  admission  entails,  shall  be  the  subject  of  an  agreement  between  the  Member  States  and 
the  applicant  State.  This  agreement  shall  be  submitted  for  ratification  by  all  the  contracting  States  in 
accordance  with  their  respective  constitutional  requirements. 

1.  Any  Member  State  may  decide  to  withdraw  from  the  Union  in  accordance  with  its  own 
constitutional  requirements. 

Article  50 

Ordinary  revision  procedure 

2. 

The  Government  of  any  Member  State,  the  European  Parliament  or  the  Commission  may 

submit  to  the  Council  proposals  for  the  amendment  of  the  Treaties.  These  proposals  may,  inter  alia, 

serve  either  to  increase  or  to  reduce  the  competences  conferred  on  the  Union  in  the  Treaties.  These 

proposals  shall  be  submitted  to  the  European  Council  by  the  Council  and  the  national  Parliaments 

shall  be  notified. 

3. 

If  the  European  Council,  after  consulting  the  European  Parliament  and  the  Commission,  adopts 

by  a  simple  majority  a  decision  in  favour  of  examining  the  proposed  amendments,  the  President  of 

the  European  Council  shall  convene  a  Convention  composed  of  representatives  of  the  national 

Parliaments,  of  the  Heads  of  State  or  Government  of  the  Member  States,  of  the  European  Parliament 

and  of  the  Commission.  The  European  Central  Bank  shall  also  be  consulted  in  the  case  of  institu­

tional  changes  in  the  monetary  area.  The  Convention  shall  examine  the  proposals  for  amendments 

and  shall  adopt  by  consensus  a  recommendation  to  a  conference  of  representatives  of  the 

governments  of  the  Member  States  as  provided  for  in  paragraph  4. 

The  European  Council  may  decide  by  a  simple  majority,  after  obtaining  the  consent  of  the 

European  Parliament,  not  to  convene  a  Convention  should  this  not  be  justified  by  the  extent  of 

the  proposed  amendments.  In  the  latter  case,  the  European  Council  shall  define  the  terms  of 

reference  for  a  conference  of  representatives  of  the  governments  of  the  Member  States. 

4.  A  conference  of  representatives  of  the  governments  of  the  Member  States  shall  be  convened  by 

the  President  of  the  Council  for  the  purpose  of  determining  by  common  accord  the  amendments  to 

be  made  to  the  Treaties. 

The  amendments  shall  enter  into  force  after  being  ratified  by  all  the  Member  States  in  accordance 

with  their  respective  constitutional  requirements. 

5. 

If,  two  years  after  the  signature  of  a  treaty  amending  the  Treaties,  four  fifths  of  the 

Member  States  have  ratified  it  and  one  or  more  Member  States  have  encountered  difficulties  in 

proceeding  with  ratification,  the  matter  shall  be  referred  to  the  European  Council. 

Simplified  revision  procedures 

6. 

The  Government  of  any  Member  State,  the  European  Parliament  or  the  Commission  may 

submit  to  the  European  Council  proposals  for  revising  all  or  part  of  the  provisions  of  Part  Three 

of  the  Treaty on  the  Functioning  of  the  European  Union  relating  to  the  internal  policies  and  action  of 

the  Union. 

The  European  Council  may  adopt  a  decision  amending  all  or  part  of  the  provisions  of  Part  Three  of 

the  Treaty  on  the  Functioning  of  the  European  Union.  The  European  Council  shall  act  by  unanimity 

after  consulting  the  European  Parliament  and  the  Commission,  and  the  European  Central  Bank  in  the 

case  of  institutional  changes  in  the  monetary  area.  That  decision  shall  not  enter  into  force  until  it  is 

approved  by  the  Member  States  in  accordance  with  their  respective  constitutional  requirements. 

The  decision  referred  to  in  the  second  subparagraph shall  not  increase  the  competences  conferred  on 

the  Union  in  the  Treaties.

2.  A  Member  State  which  decides  to  withdraw  shall  notify  the  European  Council  of  its  intention. 
In  the  light  of  the  guidelines  provided  by  the  European  Council,  the  Union  shall  negotiate  and 
conclude  an  agreement  with  that  State,  setting  out  the  arrangements  for  its  withdrawal,  taking 
account  of  the  framework  for  its  future  relationship  with  the  Union.  That  agreement  shall  be 
negotiated 
the 
European  Union.  It  shall  be  concluded  on  behalf  of  the  Union  by  the  Council,  acting  by  a 
qualified  majority,  after  obtaining  the  consent  of  the  European  Parliament.

in  accordance  with  Article  218(3)  of 

the  Functioning  of 

the  Treaty  on 

Consolidated version of the treaty on european union 
 
C  202/44 
44

EN 

Official Journal of the European Union 

7.6.2016

3. 
The  Treaties  shall  cease  to  apply  to  the  State  in  question  from  the  date  of  entry  into  force  of 
the  withdrawal  agreement  or,  failing  that,  two  years  after  the  notification  referred  to  in  paragraph  2, 
unless  the  European  Council,  in  agreement  with  the  Member  State  concerned,  unanimously  decides 
to  extend  this  period. 

For  the  purposes  of  paragraphs  2  and  3,  the  member  of  the  European  Council  or  of 
4. 
the  Council  representing  the  withdrawing  Member  State  shall  not  participate  in  the  discussions  of 
the  European  Council  or  Council  or  in  decisions  concerning  it. 

A  qualified  majority  shall  be  defined  in  accordance  with  Article  238(3)(b)  of  the  Treaty  on  the 
Functioning  of  the  European  Union. 

If  a  State  which  has  withdrawn  from  the  Union  asks  to  rejoin, its  request  shall  be  subject  to  the 

5. 
procedure  referred  to  in  Article  49. 

The  Protocols  and  Annexes  to  the  Treaties  shall  form  an  integral  part  thereof. 

Article  51 

Article  52 

1. 
The  Treaties  shall  apply  to  the  Kingdom  of  Belgium,  the  Republic  of  Bulgaria,  the  Czech 
Republic,  the  Kingdom  of  Denmark,  the  Federal  Republic  of  Germany,  the  Republic  of  Estonia, 
Ireland,  the  Hellenic  Republic,  the  Kingdom  of  Spain,  the  French  Republic,  the  Republic  of 
Croatia,  the  Italian  Republic,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of 
Lithuania,  the  Grand  Duchy  of  Luxembourg,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the 
Kingdom  of  the  Netherlands,  the  Republic  of  Austria,  the  Republic  of  Poland,  the  Portuguese 
Republic,  Romania,  the  Republic  of  Slovenia,  the  Slovak  Republic,  the  Republic  of  Finland,  the 
Kingdom  of  Sweden  and  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland. 

The  territorial scope  of  the  Treaties  is  specified  in  Article  355  of  the  Treaty  on  the  Functioning 

2. 
of  the  European  Union. 

This  Treaty  is  concluded  for  an  unlimited  period. 

Article  53 

(ex  Article  51  TEU) 

Article  54 

(ex  Article  52  TEU) 

1. 
This  Treaty  shall  be  ratified  by  the  High  Contracting  Parties  in  accordance  with  their  respective 
constitutional  requirements.  The  instruments  of  ratification  shall  be  deposited  with  the  Government 
of  the  Italian  Republic.

Consolidated Treaties 
C  202/44 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/45
45

3. 

The  Treaties  shall  cease  to  apply  to  the  State  in  question  from  the  date  of  entry  into  force  of 

the  withdrawal  agreement  or,  failing  that,  two  years  after  the  notification  referred  to  in  paragraph  2, 

unless  the  European  Council,  in  agreement  with  the  Member  State  concerned,  unanimously  decides 

2. 
This  Treaty  shall  enter  into  force  on  1  January  1993,  provided  that  all  the  Instruments  of 
ratification  have  been  deposited,  or,  failing  that,  on  the  first  day  of  the  month  following  the  deposit 
of  the  Instrument  of  ratification  by  the  last  signatory  State  to  take  this  step. 

to  extend  this  period. 

Article  55 

(ex  Article  53  TEU) 

1. 
This  Treaty,  drawn  up  in  a  single  original  in  the  Bulgarian,  Croatian,  Czech,  Danish,  Dutch, 
English,  Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Irish,  Italian,  Latvian,  Lithuanian, 
Maltese,  Polish,  Portuguese,  Romanian,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  the 
texts  in  each  of  these  languages  being  equally  authentic,  shall  be  deposited  in  the  archives  of  the 
Government  of  the  Italian  Republic,  which  will  transmit  a  certified  copy  to  each  of  the  governments 
of  the  other  signatory  States. 

2. 
This  Treaty  may  also  be  translated  into  any  other  languages  as  determined  by  Member  States 
among  those  which,  in  accordance  with  their  constitutional  order,  enjoy  official  status  in  all  or  part 
of  their  territory.  A  certified  copy  of  such  translations  shall  be  provided  by  the  Member  States 
concerned  to  be  deposited  in  the  archives  of  the  Council. 

IN  WITNESS  WHEREOF  the  undersigned  Plenipotentiaries  have  signed  this  Treaty. 

Done  at  Maastricht  on  the  seventh  day  of  February  in  the  year  one  thousand  nine  hundred  and 
ninety-two. 

(List  of  signatories  not  reproduced)

4. 

For  the  purposes  of  paragraphs  2  and  3,  the  member  of  the  European  Council  or  of 

the  Council  representing  the  withdrawing  Member  State  shall  not  participate  in  the  discussions  of 

the  European  Council  or  Council  or  in  decisions  concerning  it. 

A  qualified  majority  shall  be  defined  in  accordance  with  Article  238(3)(b)  of  the  Treaty  on  the 

Functioning  of  the  European  Union. 

5. 

If  a  State  which  has  withdrawn  from  the  Union  asks  to  rejoin, its  request  shall  be  subject  to  the 

procedure  referred  to  in  Article  49. 

The  Protocols  and  Annexes  to  the  Treaties  shall  form  an  integral  part  thereof. 

1. 

The  Treaties  shall  apply  to  the  Kingdom  of  Belgium,  the  Republic  of  Bulgaria,  the  Czech 

Republic,  the  Kingdom  of  Denmark,  the  Federal  Republic  of  Germany,  the  Republic  of  Estonia, 

Ireland,  the  Hellenic  Republic,  the  Kingdom  of  Spain,  the  French  Republic,  the  Republic  of 

Croatia,  the  Italian  Republic,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of 

Lithuania,  the  Grand  Duchy  of  Luxembourg,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the 

Kingdom  of  the  Netherlands,  the  Republic  of  Austria,  the  Republic  of  Poland,  the  Portuguese 

Republic,  Romania,  the  Republic  of  Slovenia,  the  Slovak  Republic,  the  Republic  of  Finland,  the 

Kingdom  of  Sweden  and  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland. 

2. 

The  territorial scope  of  the  Treaties  is  specified  in  Article  355  of  the  Treaty  on  the  Functioning 

of  the  European  Union. 

This  Treaty  is  concluded  for  an  unlimited  period. 

Article  51 

Article  52 

Article  53 

(ex  Article  51  TEU) 

Article  54 

(ex  Article  52  TEU) 

1. 

This  Treaty  shall  be  ratified  by  the  High  Contracting  Parties  in  accordance  with  their  respective 

constitutional  requirements.  The  instruments  of  ratification  shall  be  deposited  with  the  Government 

of  the  Italian  Republic.

Consolidated version of the treaty on european union 
 
7.6.2016 

EN 

Official Journal of the European Union 

C  202/47

CONSOLIDATED  VERSION 

OF 

THE  TREATY  ON  THE  FUNCTIONING  OF  THE 

EUROPEAN  UNION

 
7.6.2016 

EN 

Official Journal of the European Union 

C  202/49 
4949

PREAMBLE 

HIS  MAJESTY  THE  KING  OF  THE  BELGIANS,  THE  PRESIDENT  OF  THE  FEDERAL  REPUBLIC  OF  GERMANY,  THE 
PRESIDENT  OF  THE  FRENCH  REPUBLIC,  THE  PRESIDENT  OF  THE  ITALIAN  REPUBLIC,  HER  ROYAL  HIGHNESS  THE 
GRAND  DUCHESS  OF  LUXEMBOURG,  HER  MAJESTY  THE  QUEEN  OF  THE  NETHERLANDS, ( 1 ) 

DETERMINED  to  lay  the  foundations  of  an  ever  closer  union  among  the  peoples  of  Europe, 

RESOLVED to  ensure  the  economic  and  social  progress  of  their  States  by  common  action  to  eliminate 
the  barriers  which  divide  Europe, 

AFFIRMING  as  the  essential  objective  of  their  efforts  the  constant  improvements  of  the  living  and 
working  conditions  of  their  peoples, 

RECOGNISING  that  the  removal  of  existing  obstacles  calls  for  concerted  action  in  order  to  guarantee 
steady  expansion,  balanced  trade  and  fair  competition, 

ANXIOUS to  strengthen  the  unity  of  their  economies  and  to  ensure  their  harmonious  development  by 
reducing  the  differences  existing  between  the  various  regions  and  the  backwardness  of  the  less 
favoured  regions, 

DESIRING  to  contribute,  by  means  of  a  common  commercial  policy,  to  the  progressive  abolition  of 
restrictions  on  international  trade, 

INTENDING  to  confirm  the  solidarity  which  binds  Europe  and  the  overseas  countries  and  desiring  to 
ensure  the  development  of  their  prosperity,  in  accordance  with  the  principles  of  the  Charter  of  the 
United  Nations, 

RESOLVED  by  thus  pooling  their  resources  to  preserve  and  strengthen  peace  and  liberty,  and  calling 
upon  the  other  peoples  of  Europe  who  share  their  ideal  to  join  in  their  efforts, 

DETERMINED to  promote  the  development  of  the  highest  possible  level  of  knowledge  for  their  peoples 
through  a  wide  access  to  education  and  through  its  continuous  updating, 

and  to  this  end  HAVE  DESIGNATED  as  their  Plenipotentiaries: 

(List  of  plenipotentiaries  not  reproduced) 

WHO,  having  exchanged  their  full  powers,  found  in  good  and  due  form,  have  agreed  as  follows.

( 1 )  The  Republic of  Bulgaria, the  Czech  Republic, the  Kingdom  of  Denmark, the  Republic of  Estonia, Ireland, the  Hellenic 
Republic,  the  Kingdom  of  Spain,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the 
Republic of  Hungary, the  Republic of  Malta, the  Republic of  Austria, the  Republic of  Poland,  the  Portuguese Republic, 
Romania,  the  Republic  of  Slovenia,  the  Slovak  Republic,  the  Republic  of  Finland,  the  Kingdom  of  Sweden  and  the 
United  Kingdom  of  Great  Britain  and  Northern  Ireland  have  since  become  members  of  the  European  Union.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
C  202/50 
5050

EN 

Official Journal of the European Union 

7.6.2016

PART  ONE 
PRINCIPLES 

Article  1 

This  Treaty  organises  the  functioning  of  the  Union  and  determines  the  areas  of,  delimitation  of, 

1. 
and  arrangements  for  exercising  its  competences. 

2. 
This  Treaty  and  the  Treaty  on  European  Union  constitute  the  Treaties  on  which  the  Union  is 
founded.  These  two  Treaties,  which  have  the  same  legal  value,  shall  be  referred  to  as  ‘the  Treaties’. 

TITLE  I 
CATEGORIES  AND  AREAS  OF  UNION  COMPETENCE 

Article  2 

1.  When  the  Treaties  confer  on  the  Union  exclusive  competence  in  a  specific  area,  only 
the  Union  may  legislate  and  adopt  legally  binding  acts,  the  Member  States  being  able  to  do  so 
themselves  only  if  so  empowered  by  the  Union  or  for  the  implementation  of  Union  acts. 

2.  When  the  Treaties  confer  on  the  Union  a  competence  shared  with  the  Member  States  in  a 
specific  area,  the  Union  and  the  Member  States  may  legislate  and  adopt  legally  binding  acts  in  that 
area.  The  Member  States  shall  exercise  their  competence  to  the  extent  that  the  Union  has  not 
exercised  its  competence.  The  Member  States  shall  again  exercise  their  competence  to  the  extent 
that  the  Union  has  decided  to  cease  exercising  its  competence. 

The  Member  States  shall  coordinate  their  economic  and  employment  policies  within 

3. 
arrangements  as  determined  by  this  Treaty,  which  the  Union  shall  have  competence  to  provide. 

4. 
The  Union  shall  have  competence,  in  accordance  with  the  provisions  of  the  Treaty  on 
European  Union,  to  define  and  implement  a  common  foreign  and  security  policy,  including  the 
progressive  framing  of  a  common  defence  policy. 

5. 
In  certain  areas  and  under  the  conditions  laid  down  in  the  Treaties,  the  Union  shall  have 
competence  to  carry  out  actions  to  support,  coordinate  or  supplement  the  actions  of  the 
Member  States,  without  thereby  superseding  their  competence  in  these  areas. 

Legally  binding  acts  of  the  Union  adopted  on  the  basis  of  the  provisions  of  the  Treaties  relating  to 
these  areas  shall  not  entail  harmonisation  of  Member  States'  laws  or  regulations. 

The  scope  of  and  arrangements  for  exercising  the  Union's  competences  shall  be  determined  by 

6. 
the  provisions  of  the  Treaties  relating  to  each  area.

Consolidated TreatiesConsolidated Treaties 
C  202/50 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/51
5151

PART  ONE 

PRINCIPLES 

Article  1 

TITLE  I 

Article  2 

1. 

The  Union  shall  have  exclusive  competence  in  the  following  areas: 

Article  3 

(a)  customs  union; 

1. 

This  Treaty  organises  the  functioning  of  the  Union  and  determines  the  areas  of,  delimitation  of, 

and  arrangements  for  exercising  its  competences. 

(b)  the  establishing  of  the  competition  rules  necessary  for  the  functioning  of  the  internal  market; 

2. 

This  Treaty  and  the  Treaty  on  European  Union  constitute  the  Treaties  on  which  the  Union  is 

founded.  These  two  Treaties,  which  have  the  same  legal  value,  shall  be  referred  to  as  ‘the  Treaties’. 

(c)  monetary  policy  for  the  Member  States  whose  currency  is  the  euro; 

(d)  the  conservation  of  marine  biological  resources  under  the  common  fisheries  policy; 

CATEGORIES  AND  AREAS  OF  UNION  COMPETENCE 

(e)  common  commercial  policy. 

1.  When  the  Treaties  confer  on  the  Union  exclusive  competence  in  a  specific  area,  only 

the  Union  may  legislate  and  adopt  legally  binding  acts,  the  Member  States  being  able  to  do  so 

themselves  only  if  so  empowered  by  the  Union  or  for  the  implementation  of  Union  acts. 

2.  When  the  Treaties  confer  on  the  Union  a  competence  shared  with  the  Member  States  in  a 

specific  area,  the  Union  and  the  Member  States  may  legislate  and  adopt  legally  binding  acts  in  that 

area.  The  Member  States  shall  exercise  their  competence  to  the  extent  that  the  Union  has  not 

exercised  its  competence.  The  Member  States  shall  again  exercise  their  competence  to  the  extent 

that  the  Union  has  decided  to  cease  exercising  its  competence. 

3. 

The  Member  States  shall  coordinate  their  economic  and  employment  policies  within 

arrangements  as  determined  by  this  Treaty,  which  the  Union  shall  have  competence  to  provide. 

4. 

The  Union  shall  have  competence,  in  accordance  with  the  provisions  of  the  Treaty  on 

European  Union,  to  define  and  implement  a  common  foreign  and  security  policy,  including  the 

progressive  framing  of  a  common  defence  policy. 

2. 
The  Union  shall  also  have  exclusive  competence  for  the  conclusion  of  an  international 
agreement  when  its  conclusion  is  provided  for  in  a  legislative  act  of  the  Union  or  is  necessary  to 
enable  the  Union  to  exercise  its  internal  competence,  or  in  so  far  as  its  conclusion  may  affect 
common  rules  or  alter  their  scope. 

The  Union  shall  share  competence  with  the  Member  States  where  the  Treaties  confer  on  it  a 

1. 
competence  which  does  not  relate  to  the  areas  referred  to  in  Articles  3  and  6. 

Article  4 

Shared  competence  between  the  Union  and  the  Member  States  applies  in  the  following 

2. 
principal  areas: 

(a)  internal  market; 

(b)  social  policy,  for  the  aspects  defined  in  this  Treaty; 

(c)  economic,  social  and  territorial  cohesion; 

(d)  agriculture  and  fisheries,  excluding  the  conservation  of  marine  biological  resources; 

5. 

In  certain  areas  and  under  the  conditions  laid  down  in  the  Treaties,  the  Union  shall  have 

competence  to  carry  out  actions  to  support,  coordinate  or  supplement  the  actions  of  the 

Member  States,  without  thereby  superseding  their  competence  in  these  areas. 

(e)  environment; 

(f)  consumer  protection; 

Legally  binding  acts  of  the  Union  adopted  on  the  basis  of  the  provisions  of  the  Treaties  relating  to 

these  areas  shall  not  entail  harmonisation  of  Member  States'  laws  or  regulations. 

(g)  transport; 

6. 

The  scope  of  and  arrangements  for  exercising  the  Union's  competences  shall  be  determined  by 

the  provisions  of  the  Treaties  relating  to  each  area.

(i)  energy;

(h)  trans-European  networks; 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/52 
5252

EN 

Official Journal of the European Union 

7.6.2016

(j)  area  of  freedom,  security  and  justice; 

(k)  common  safety  concerns  in  public  health  matters,  for  the  aspects  defined  in  this  Treaty. 

In  the  areas  of  research,  technological  development  and  space,  the  Union  shall  have 
3. 
competence  to  carry  out  activities,  in  particular  to  define  and  implement  programmes;  however, 
the  exercise  of  that  competence  shall  not  result 
in  Member  States  being  prevented  from 
exercising  theirs. 

4. 
In  the  areas  of  development  cooperation  and  humanitarian  aid,  the  Union  shall  have 
competence  to  carry  out  activities  and  conduct  a  common  policy;  however,  the  exercise  of  that 
competence  shall  not  result  in  Member  States  being  prevented  from  exercising  theirs. 

The  Member  States  shall  coordinate  their  economic  policies  within  the  Union.  To  this  end, 

1. 
the  Council  shall  adopt  measures,  in  particular  broad  guidelines  for  these  policies. 

Article  5 

Specific  provisions  shall  apply  to  those  Member  States  whose  currency  is  the  euro. 

The  Union  shall  take  measures  to  ensure  coordination  of  the  employment  policies  of  the 

2. 
Member  States,  in  particular  by  defining  guidelines  for  these  policies. 

3. 

The  Union  may  take  initiatives  to  ensure  coordination  of  Member  States'  social  policies. 

The  Union  shall  have  competence  to  carry  out  actions  to  support,  coordinate  or  supplement  the 
actions  of  the  Member  States.  The  areas  of  such  action  shall,  at  European  level,  be: 

Article  6 

(a)  protection  and  improvement  of  human  health; 

(b)  industry; 

(c)  culture; 

(d)  tourism; 

(e)  education,  vocational  training,  youth  and  sport;

Consolidated TreatiesConsolidated Treaties 
C  202/52 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/53 
5353

(j)  area  of  freedom,  security  and  justice; 

(k)  common  safety  concerns  in  public  health  matters,  for  the  aspects  defined  in  this  Treaty. 

3. 

In  the  areas  of  research,  technological  development  and  space,  the  Union  shall  have 

competence  to  carry  out  activities,  in  particular  to  define  and  implement  programmes;  however, 

the  exercise  of  that  competence  shall  not  result 

in  Member  States  being  prevented  from 

exercising  theirs. 

(f)  civil  protection; 

(g)  administrative  cooperation. 

TITLE  II 

PROVISIONS  HAVING  GENERAL  APPLICATION 

Article  7 

4. 

In  the  areas  of  development  cooperation  and  humanitarian  aid,  the  Union  shall  have 

competence  to  carry  out  activities  and  conduct  a  common  policy;  however,  the  exercise  of  that 

competence  shall  not  result  in  Member  States  being  prevented  from  exercising  theirs. 

The  Union  shall  ensure  consistency  between  its  policies  and  activities,  taking  all  of  its  objectives  into 
account  and  in  accordance  with  the  principle  of  conferral  of  powers. 

Article  5 

Article  6 

1. 

The  Member  States  shall  coordinate  their  economic  policies  within  the  Union.  To  this  end, 

the  Council  shall  adopt  measures,  in  particular  broad  guidelines  for  these  policies. 

Article  8 
(ex  Article  3(2)  TEC) ( 1 ) 

Specific  provisions  shall  apply  to  those  Member  States  whose  currency  is  the  euro. 

In  all  its  activities,  the  Union  shall  aim  to  eliminate  inequalities,  and  to  promote  equality,  between 
men  and  women. 

2. 

The  Union  shall  take  measures  to  ensure  coordination  of  the  employment  policies  of  the 

Member  States,  in  particular  by  defining  guidelines  for  these  policies. 

3. 

The  Union  may  take  initiatives  to  ensure  coordination  of  Member  States'  social  policies. 

The  Union  shall  have  competence  to  carry  out  actions  to  support,  coordinate  or  supplement  the 

actions  of  the  Member  States.  The  areas  of  such  action  shall,  at  European  level,  be: 

(a)  protection  and  improvement  of  human  health; 

(b)  industry; 

(c)  culture; 

(d)  tourism; 

(e)  education,  vocational  training,  youth  and  sport;

Article  9 

In  defining  and  implementing  its  policies  and  activities,  the  Union  shall  take  into  account 
requirements  linked  to  the  promotion  of  a  high  level  of  employment,  the  guarantee  of  adequate 
social  protection,  the  fight  against  social  exclusion,  and  a  high  level  of  education,  training  and 
protection  of  human  health. 

In  defining  and  implementing  its  policies and  activities, the  Union  shall aim  to  combat  discrimination 
based  on  sex,  racial  or  ethnic  origin,  religion  or  belief,  disability,  age  or  sexual  orientation. 

Article  10 

Article  11 

(ex  Article  6  TEC) 

Environmental  protection  requirements  must  be  integrated  into  the  definition  and  implementation  of 
the  Union's  policies  and  activities,  in  particular  with  a  view  to  promoting  sustainable  development.

( 1 )  These  references  are  merely  indicative.  For  more  ample  information,  please  refer  to  the  tables  of  equivalences  between 

the  old  and  the  new  numbering  of  the  Treaties.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/54 
5454

EN 

Official Journal of the European Union 

7.6.2016

Article  12 

(ex  Article  153(2)  TEC) 

Consumer  protection  requirements  shall  be  taken  into  account  in  defining  and  implementing  other 
Union  policies  and  activities. 

Article  13 

In  formulating  and  implementing  the  Union's  agriculture,  fisheries,  transport,  internal  market, 
research  and  technological  development  and  space  policies,  the  Union  and  the  Member  States 
shall,  since  animals  are  sentient  beings,  pay  full  regard  to  the  welfare  requirements  of  animals, 
while  respecting  the  legislative  or  administrative  provisions  and  customs  of  the  Member  States 
relating  in  particular  to  religious  rites,  cultural  traditions  and  regional  heritage. 

Article  14 

(ex  Article  16  TEC) 

Without  prejudice  to  Article  4  of  the  Treaty  on  European  Union  or  to  Articles  93,  106  and  107  of 
this Treaty, and  given the place occupied by  services of  general economic interest  in the shared values 
of  the  Union  as  well  as  their  role  in  promoting  social  and  territorial  cohesion,  the  Union  and  the 
Member  States,  each  within  their  respective  powers  and  within  the  scope  of  application  of  the 
Treaties,  shall  take  care  that  such  services  operate  on  the  basis  of  principles  and  conditions, 
particularly  economic  and  financial  conditions,  which  enable  them  to  fulfil  their  missions.  The 
European  Parliament  and  the  Council,  acting  by  means  of  regulations  in  accordance  with  the 
ordinary  legislative  procedure,  shall  establish  these  principles  and  set  these  conditions  without 
prejudice  to  the  competence  of  Member  States,  in  compliance  with  the  Treaties,  to  provide,  to 
commission  and  to  fund  such  services. 

Article  15 

(ex  Article  255  TEC) 

In  order  to  promote  good  governance  and  ensure  the  participation  of  civil  society,  the  Union's 

1. 
institutions,  bodies,  offices  and  agencies  shall  conduct  their  work  as  openly  as  possible. 

The  European  Parliament  shall  meet  in  public,  as  shall  the  Council  when  considering  and 

2. 
voting  on  a  draft  legislative  act. 

3.  Any  citizen  of  the  Union,  and  any  natural or  legal  person  residing  or  having  its  registered  office 
in  a  Member  State,  shall  have  a  right  of  access  to  documents  of  the  Union's  institutions,  bodies, 
offices  and  agencies,  whatever  their  medium,  subject  to  the  principles  and  the  conditions  to  be 
defined  in  accordance  with  this  paragraph.

Consolidated TreatiesConsolidated Treaties 
C  202/54 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/55
5555

Consumer  protection  requirements  shall  be  taken  into  account  in  defining  and  implementing  other 

Union  policies  and  activities. 

In  formulating  and  implementing  the  Union's  agriculture,  fisheries,  transport,  internal  market, 

research  and  technological  development  and  space  policies,  the  Union  and  the  Member  States 

shall,  since  animals  are  sentient  beings,  pay  full  regard  to  the  welfare  requirements  of  animals, 

while  respecting  the  legislative  or  administrative  provisions  and  customs  of  the  Member  States 

relating  in  particular  to  religious  rites,  cultural  traditions  and  regional  heritage. 

Article  12 

(ex  Article  153(2)  TEC) 

Article  13 

Article  14 

(ex  Article  16  TEC) 

Without  prejudice  to  Article  4  of  the  Treaty  on  European  Union  or  to  Articles  93,  106  and  107  of 

this Treaty, and  given the place occupied by  services of  general economic interest  in the shared values 

of  the  Union  as  well  as  their  role  in  promoting  social  and  territorial  cohesion,  the  Union  and  the 

Member  States,  each  within  their  respective  powers  and  within  the  scope  of  application  of  the 

Treaties,  shall  take  care  that  such  services  operate  on  the  basis  of  principles  and  conditions, 

particularly  economic  and  financial  conditions,  which  enable  them  to  fulfil  their  missions.  The 

European  Parliament  and  the  Council,  acting  by  means  of  regulations  in  accordance  with  the 

ordinary  legislative  procedure,  shall  establish  these  principles  and  set  these  conditions  without 

prejudice  to  the  competence  of  Member  States,  in  compliance  with  the  Treaties,  to  provide,  to 

commission  and  to  fund  such  services. 

Article  15 

(ex  Article  255  TEC) 

1. 

In  order  to  promote  good  governance  and  ensure  the  participation  of  civil  society,  the  Union's 

institutions,  bodies,  offices  and  agencies  shall  conduct  their  work  as  openly  as  possible. 

2. 

The  European  Parliament  shall  meet  in  public,  as  shall  the  Council  when  considering  and 

voting  on  a  draft  legislative  act. 

3.  Any  citizen  of  the  Union,  and  any  natural or  legal  person  residing  or  having  its  registered  office 

in  a  Member  State,  shall  have  a  right  of  access  to  documents  of  the  Union's  institutions,  bodies, 

offices  and  agencies,  whatever  their  medium,  subject  to  the  principles  and  the  conditions  to  be 

defined  in  accordance  with  this  paragraph.

General  principles  and  limits  on  grounds  of  public or  private interest  governing  this right  of  access  to 
documents  shall  be  determined  by  the  European  Parliament  and  the  Council,  by  means  of  regu­
lations,  acting  in  accordance  with  the  ordinary  legislative  procedure. 

Each  institution,  body,  office  or  agency  shall  ensure  that  its  proceedings  are  transparent  and  shall 
elaborate  in  its  own  Rules  of  Procedure  specific  provisions  regarding  access  to  its  documents,  in 
accordance  with  the  regulations  referred  to  in  the  second  subparagraph. 

The  Court  of  Justice  of  the  European  Union,  the  European  Central  Bank  and  the  European 
Investment  Bank  shall  be  subject  to  this  paragraph  only  when  exercising  their  administrative  tasks. 

The  European  Parliament  and  the  Council  shall  ensure  publication  of  the  documents  relating  to 
the 
legislative  procedures  under  the  terms  laid  down  by  the  regulations  referred  to  in  the 
second  subparagraph. 

1. 

Everyone  has  the  right  to  the  protection  of  personal  data  concerning  them. 

Article  16 

(ex  Article  286  TEC) 

2. 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  shall  lay  down  the  rules  relating  to  the  protection  of  individuals  with  regard  to  the 
processing  of  personal  data  by  Union  institutions,  bodies,  offices  and  agencies,  and  by  the 
Member  States  when  carrying  out  activities  which  fall  within  the  scope  of  Union  law,  and  the 
rules  relating  to  the  free  movement  of  such  data.  Compliance  with  these  rules  shall  be  subject  to 
the  control  of  independent  authorities. 

The  rules  adopted  on  the  basis  of  this  Article  shall  be  without  prejudice  to  the  specific  rules  laid 
down  in  Article  39  of  the  Treaty  on  European  Union. 

The  Union  respects  and  does  not  prejudice  the  status  under  national  law  of  churches  and 

1. 
religious  associations  or  communities  in  the  Member  States. 

Article  17 

The  Union  equally  respects  the  status  under  national  law  of  philosophical  and  non-confessional 

2. 
organisations. 

Recognising  their  identity  and  their  specific  contribution,  the  Union  shall  maintain  an  open, 

3. 
transparent  and  regular  dialogue  with  these  churches  and  organisations.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/56 
5656

EN 

Official Journal of the European Union 

7.6.2016

PART  TWO 
NON-DISCRIMINATION  AND  CITIZENSHIP  OF  THE  UNION 

Article  18 

(ex  Article  12  TEC) 

Within  the  scope  of  application  of  the  Treaties,  and  without  prejudice  to  any  special  provisions 
contained  therein,  any  discrimination  on  grounds  of  nationality  shall  be  prohibited. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  may  adopt  rules  designed  to  prohibit  such  discrimination. 

Article  19 

(ex  Article  13  TEC) 

1.  Without  prejudice  to  the  other  provisions  of  the  Treaties  and  within  the  limits  of  the  powers 
conferred  by  them  upon  the  Union,  the  Council,  acting  unanimously  in  accordance  with  a  special 
legislative  procedure  and  after  obtaining  the  consent  of  the  European  Parliament,  may  take  appro­
priate  action  to  combat  discrimination  based  on  sex,  racial  or  ethnic  origin,  religion  or  belief, 
disability,  age  or  sexual  orientation. 

2. 
By  way  of  derogation  from  paragraph  1,  the  European  Parliament  and  the  Council,  acting  in 
accordance  with  the  ordinary  legislative procedure,  may  adopt  the  basic  principles  of  Union  incentive 
measures,  excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member  States,  to  support 
action  taken  by  the  Member  States  in  order  to  contribute  to  the  achievement  of  the  objectives 
referred  to  in  paragraph  1. 

Article  20 

(ex  Article  17  TEC) 

1. 
Citizenship  of  the  Union  is  hereby  established.  Every  person  holding  the  nationality  of  a 
Member  State  shall  be  a  citizen  of  the  Union.  Citizenship  of  the  Union  shall  be  additional  to  and 
not  replace  national  citizenship. 

Citizens  of  the  Union  shall  enjoy  the  rights  and  be  subject  to  the  duties  provided  for  in  the 

2. 
Treaties.  They  shall  have,  inter  alia: 

(a)  the  right  to  move  and  reside  freely  within  the  territory  of  the  Member  States; 

(b)  the  right  to  vote  and  to  stand  as  candidates  in  elections  to  the  European  Parliament  and  in 
municipal  elections  in  their  Member  State  of  residence,  under  the  same  conditions  as  nationals  of 
that  State;

Consolidated TreatiesConsolidated Treaties 
C  202/56 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/57
5757

NON-DISCRIMINATION  AND  CITIZENSHIP  OF  THE  UNION 

Within  the  scope  of  application  of  the  Treaties,  and  without  prejudice  to  any  special  provisions 

contained  therein,  any  discrimination  on  grounds  of  nationality  shall  be  prohibited. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

procedure,  may  adopt  rules  designed  to  prohibit  such  discrimination. 

PART  TWO 

Article  18 

(ex  Article  12  TEC) 

Article  19 

(ex  Article  13  TEC) 

1.  Without  prejudice  to  the  other  provisions  of  the  Treaties  and  within  the  limits  of  the  powers 

conferred  by  them  upon  the  Union,  the  Council,  acting  unanimously  in  accordance  with  a  special 

legislative  procedure  and  after  obtaining  the  consent  of  the  European  Parliament,  may  take  appro­

priate  action  to  combat  discrimination  based  on  sex,  racial  or  ethnic  origin,  religion  or  belief, 

disability,  age  or  sexual  orientation. 

2. 

By  way  of  derogation  from  paragraph  1,  the  European  Parliament  and  the  Council,  acting  in 

accordance  with  the  ordinary  legislative procedure,  may  adopt  the  basic  principles  of  Union  incentive 

measures,  excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member  States,  to  support 

action  taken  by  the  Member  States  in  order  to  contribute  to  the  achievement  of  the  objectives 

referred  to  in  paragraph  1. 

Article  20 

(ex  Article  17  TEC) 

1. 

Citizenship  of  the  Union  is  hereby  established.  Every  person  holding  the  nationality  of  a 

Member  State  shall  be  a  citizen  of  the  Union.  Citizenship  of  the  Union  shall  be  additional  to  and 

not  replace  national  citizenship. 

2. 

Citizens  of  the  Union  shall  enjoy  the  rights  and  be  subject  to  the  duties  provided  for  in  the 

Treaties.  They  shall  have,  inter  alia: 

(a)  the  right  to  move  and  reside  freely  within  the  territory  of  the  Member  States; 

(b)  the  right  to  vote  and  to  stand  as  candidates  in  elections  to  the  European  Parliament  and  in 

municipal  elections  in  their  Member  State  of  residence,  under  the  same  conditions  as  nationals  of 

that  State;

(c)  the  right  to  enjoy,  in  the  territory  of  a  third  country  in  which  the  Member  State  of  which  they 
are  nationals  is  not  represented,  the  protection  of  the  diplomatic  and  consular  authorities  of  any 
Member  State  on  the  same  conditions  as  the  nationals  of  that  State; 

(d)  the  right  to  petition  the  European  Parliament,  to  apply  to  the  European  Ombudsman,  and  to 
address  the  institutions  and  advisory  bodies  of  the  Union  in  any  of  the  Treaty  languages  and  to 
obtain  a  reply  in  the  same  language. 

These  rights  shall  be  exercised  in  accordance  with  the  conditions  and  limits  defined  by  the  Treaties 
and  by  the  measures  adopted  thereunder. 

Article  21 

(ex  Article  18  TEC) 

1. 
Every  citizen  of  the  Union  shall  have  the  right  to  move  and  reside  freely  within  the  territory  of 
the  Member  States,  subject  to  the  limitations  and  conditions  laid  down  in  the  Treaties  and  by  the 
measures  adopted  to  give  them  effect. 

2. 
If  action  by  the  Union  should  prove  necessary  to  attain  this  objective  and  the  Treaties  have  not 
provided  the  necessary  powers,  the  European  Parliament  and  the  Council,  acting  in  accordance  with 
the  ordinary  legislative procedure,  may  adopt  provisions  with  a  view  to  facilitating  the  exercise of  the 
rights  referred  to  in  paragraph  1. 

For  the  same  purposes  as  those  referred  to  in  paragraph  1  and  if  the  Treaties  have  not 
3. 
provided  the  necessary  powers,  the  Council,  acting  in  accordance  with  a  special  legislative  procedure, 
may  adopt  measures  concerning  social  security  or  social  protection.  The  Council  shall  act  unani­
mously  after  consulting  the  European  Parliament. 

Article  22 

(ex  Article  19  TEC) 

Every  citizen  of  the  Union  residing  in  a  Member  State  of  which  he  is  not  a  national  shall  have 
1. 
the  right  to  vote  and  to  stand  as  a  candidate  at  municipal  elections  in  the  Member  State  in  which  he 
resides,  under  the  same  conditions  as  nationals  of  that  State.  This  right  shall  be  exercised  subject  to 
detailed  arrangements  adopted  by  the  Council,  acting  unanimously  in  accordance  with  a  special 
legislative  procedure  and  after  consulting  the  European  Parliament;  these  arrangements  may 
provide  for  derogations  where  warranted  by  problems  specific  to  a  Member  State. 

2.  Without  prejudice  to  Article  223(1)  and  to  the  provisions  adopted  for  its  implementation, 
every  citizen  of  the  Union  residing  in  a  Member  State  of  which  he  is  not  a  national  shall  have  the 
right to vote and to stand as a candidate in elections to the European Parliament in the Member  State 
in  which  he  resides,  under  the  same  conditions  as  nationals  of  that  State.  This  right  shall  be  exercised 
subject  to  detailed  arrangements  adopted  by  the  Council,  acting  unanimously  in  accordance  with  a 
special  legislative  procedure  and  after  consulting  the  European  Parliament;  these  arrangements  may 
provide  for  derogations  where  warranted  by  problems  specific  to  a  Member  State.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/58 
5858

EN 

Official Journal of the European Union 

7.6.2016

Article  23 

(ex  Article  20  TEC) 

Every  citizen  of  the  Union  shall,  in  the  territory  of  a  third  country  in  which  the  Member  State  of 
which  he  is  a  national  is  not  represented,  be  entitled  to  protection  by  the  diplomatic  or  consular 
authorities of any Member State, on the same conditions as the nationals of that State. Member  States 
shall  adopt  the  necessary  provisions  and  start  the  international  negotiations  required  to  secure  this 
protection. 

The  Council,  acting  in  accordance  with  a  special  legislative  procedure  and  after  consulting  the 
European  Parliament,  may  adopt  directives  establishing  the  coordination  and  cooperation  measures 
necessary  to  facilitate  such  protection. 

Article  24 

(ex  Article  21  TEC) 

The  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in  accordance  with  the 
ordinary  legislative  procedure,  shall  adopt  the  provisions  for  the  procedures  and  conditions  required 
for  a  citizens'  initiative within  the  meaning  of  Article  11  of  the  Treaty on  European  Union,  including 
the  minimum  number  of  Member  States  from  which  such  citizens  must  come. 

Every  citizen  of  the  Union  shall  have  the  right  to  petition  the  European  Parliament  in  accordance 
with  Article  227. 

Every  citizen  of  the  Union  may  apply  to  the  Ombudsman  established  in  accordance  with 
Article  228. 

Every  citizen  of  the  Union  may  write  to  any  of  the  institutions  or  bodies  referred  to  in  this  Article  or 
in  Article  13  of  the  Treaty  on  European  Union  in  one  of  the  languages  mentioned  in  Article  55(1) 
of  the  Treaty  on  European  Union  and  have  an  answer  in  the  same  language. 

Article  25 

(ex  Article  22  TEC) 

The  Commission  shall  report  to  the  European  Parliament,  to  the  Council  and  to  the  Economic  and 
Social  Committee  every  three  years  on  the  application  of  the  provisions  of  this  Part.  This  report  shall 
take  account  of  the  development  of  the  Union. 

On  this  basis,  and  without  prejudice  to  the  other  provisions  of  the  Treaties,  the  Council,  acting 
unanimously  in  accordance  with  a  special  legislative procedure  and  after  obtaining  the  consent  of  the 
European  Parliament,  may  adopt  provisions  to  strengthen  or  to  add  to  the  rights  listed  in 
Article  20(2).  These  provisions  shall  enter  into  force  after  their  approval  by  the  Member  States  in 
accordance  with  their  respective  constitutional  requirements.

Consolidated TreatiesConsolidated Treaties 
C  202/58 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/59
5959

Article  23 

(ex  Article  20  TEC) 

PART  THREE 
UNION  POLICIES  AND  INTERNAL  ACTIONS 

Every  citizen  of  the  Union  shall,  in  the  territory  of  a  third  country  in  which  the  Member  State  of 

which  he  is  a  national  is  not  represented,  be  entitled  to  protection  by  the  diplomatic  or  consular 

authorities of any Member State, on the same conditions as the nationals of that State. Member  States 

shall  adopt  the  necessary  provisions  and  start  the  international  negotiations  required  to  secure  this 

protection. 

TITLE  I 

THE  INTERNAL  MARKET 

Article  26 

(ex  Article  14  TEC) 

The  Council,  acting  in  accordance  with  a  special  legislative  procedure  and  after  consulting  the 

European  Parliament,  may  adopt  directives  establishing  the  coordination  and  cooperation  measures 

necessary  to  facilitate  such  protection. 

The  Union  shall  adopt  measures  with  the  aim  of  establishing  or  ensuring  the  functioning  of  the 

1. 
internal  market,  in  accordance  with  the  relevant  provisions  of  the  Treaties. 

Article  24 

(ex  Article  21  TEC) 

2. 
The  internal  market  shall  comprise  an  area  without  internal  frontiers  in  which  the  free 
movement  of  goods,  persons,  services  and  capital  is  ensured  in  accordance  with  the  provisions  of 
the  Treaties. 

The  Council,  on  a  proposal  from  the  Commission,  shall  determine  the  guidelines  and 

3. 
conditions  necessary  to  ensure  balanced  progress  in  all  the  sectors  concerned. 

Article  27 

(ex  Article  15  TEC) 

When  drawing  up  its  proposals  with  a  view  to  achieving  the  objectives  set  out  in  Article  26,  the 
Commission  shall  take  into  account  the  extent  of  the  effort  that  certain  economies  showing 
differences  in  development  will  have  to  sustain  for  the  establishment  of  the  internal  market  and  it 
may  propose  appropriate  provisions. 

If  these  provisions  take  the  form  of  derogations,  they  must  be  of  a  temporary  nature  and  must  cause 
the  least  possible  disturbance  to  the  functioning  of  the  internal  market. 

TITLE  II 

FREE  MOVEMENT  OF  GOODS 

Article  28 

(ex  Article  23  TEC) 

1. 
The  Union  shall  comprise  a  customs  union  which  shall  cover  all  trade  in  goods  and  which  shall 
involve  the  prohibition  between  Member  States  of  customs  duties  on  imports  and  exports  and  of  all 
charges  having  equivalent  effect,  and  the  adoption  of  a  common  customs  tariff  in  their  relations  with 
third  countries.

The  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in  accordance  with  the 

ordinary  legislative  procedure,  shall  adopt  the  provisions  for  the  procedures  and  conditions  required 

for  a  citizens'  initiative within  the  meaning  of  Article  11  of  the  Treaty on  European  Union,  including 

the  minimum  number  of  Member  States  from  which  such  citizens  must  come. 

Every  citizen  of  the  Union  shall  have  the  right  to  petition  the  European  Parliament  in  accordance 

with  Article  227. 

Article  228. 

Every  citizen  of  the  Union  may  apply  to  the  Ombudsman  established  in  accordance  with 

Every  citizen  of  the  Union  may  write  to  any  of  the  institutions  or  bodies  referred  to  in  this  Article  or 

in  Article  13  of  the  Treaty  on  European  Union  in  one  of  the  languages  mentioned  in  Article  55(1) 

of  the  Treaty  on  European  Union  and  have  an  answer  in  the  same  language. 

Article  25 

(ex  Article  22  TEC) 

The  Commission  shall  report  to  the  European  Parliament,  to  the  Council  and  to  the  Economic  and 

Social  Committee  every  three  years  on  the  application  of  the  provisions  of  this  Part.  This  report  shall 

take  account  of  the  development  of  the  Union. 

On  this  basis,  and  without  prejudice  to  the  other  provisions  of  the  Treaties,  the  Council,  acting 

unanimously  in  accordance  with  a  special  legislative procedure  and  after  obtaining  the  consent  of  the 

European  Parliament,  may  adopt  provisions  to  strengthen  or  to  add  to  the  rights  listed  in 

Article  20(2).  These  provisions  shall  enter  into  force  after  their  approval  by  the  Member  States  in 

accordance  with  their  respective  constitutional  requirements.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/60 
6060

EN 

Official Journal of the European Union 

7.6.2016

2. 
The  provisions  of  Article  30  and  of  Chapter  3  of  this  Title  shall  apply  to  products  originating 
in  Member  States  and  to  products  coming  from  third  countries  which  are  in  free  circulation  in 
Member  States. 

Article  29 

(ex  Article  24  TEC) 

Products coming  from  a third country shall be  considered to  be  in  free circulation in  a Member  State 
if  the  import  formalities  have  been  complied  with  and  any  customs  duties  or  charges  having 
equivalent  effect  which  are  payable  have  been  levied  in  that  Member  State,  and  if  they  have  not 
benefited  from  a  total  or  partial  drawback  of  such  duties  or  charges. 

CHAPTER  1 

THE  CUSTOMS  UNION 

Article  30 

(ex  Article  25  TEC) 

Customs  duties  on  imports  and  exports  and  charges  having  equivalent  effect  shall  be  prohibited 
between  Member  States.  This  prohibition  shall  also  apply  to  customs  duties  of  a  fiscal  nature. 

Common  Customs  Tariff  duties  shall  be  fixed  by  the  Council  on  a  proposal  from  the  Commission. 

Article  31 

(ex  Article  26  TEC) 

Article  32 

(ex  Article  27  TEC) 

In  carrying  out  the  tasks  entrusted  to  it  under  this  Chapter  the  Commission  shall  be  guided  by: 

(a)  the  need  to  promote  trade  between  Member  States  and  third  countries; 

(b)  developments  in  conditions  of  competition  within  the  Union  in  so  far  as  they  lead  to  an 

improvement  in  the  competitive  capacity  of  undertakings; 

(c)  the  requirements  of  the  Union  as  regards  the  supply  of  raw  materials  and  semi-finished  goods;  in 
this  connection  the  Commission  shall  take  care  to  avoid  distorting  conditions  of  competition 
between  Member  States  in  respect  of  finished  goods; 

(d)  the  need  to  avoid  serious  disturbances  in  the  economies  of  Member  States  and  to  ensure  rational 

development  of  production  and  an  expansion  of  consumption  within  the  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/60 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/61
6161

2. 

The  provisions  of  Article  30  and  of  Chapter  3  of  this  Title  shall  apply  to  products  originating 

in  Member  States  and  to  products  coming  from  third  countries  which  are  in  free  circulation  in 

Member  States. 

Products coming  from  a third country shall be  considered to  be  in  free circulation in  a Member  State 

if  the  import  formalities  have  been  complied  with  and  any  customs  duties  or  charges  having 

equivalent  effect  which  are  payable  have  been  levied  in  that  Member  State,  and  if  they  have  not 

benefited  from  a  total  or  partial  drawback  of  such  duties  or  charges. 

Customs  duties  on  imports  and  exports  and  charges  having  equivalent  effect  shall  be  prohibited 

between  Member  States.  This  prohibition  shall  also  apply  to  customs  duties  of  a  fiscal  nature. 

Article  29 

(ex  Article  24  TEC) 

CHAPTER  1 

THE  CUSTOMS  UNION 

Article  30 

(ex  Article  25  TEC) 

Article  31 

(ex  Article  26  TEC) 

Article  32 

(ex  Article  27  TEC) 

CHAPTER  2 

CUSTOMS  COOPERATION 

Article  33 

(ex  Article  135  TEC) 

Within  the  scope  of  application  of  the  Treaties,  the  European  Parliament  and  the  Council,  acting  in 
accordance  with  the  ordinary  legislative  procedure,  shall  take  measures  in  order  to  strengthen 
customs  cooperation  between  Member  States  and  between  the  latter  and  the  Commission. 

PROHIBITION  OF  QUANTITATIVE  RESTRICTIONS  BETWEEN  MEMBER  STATES 

CHAPTER  3 

Article  34 

(ex  Article  28  TEC) 

Quantitative  restrictions  on  imports  and  all  measures  having  equivalent  effect  shall  be  prohibited 
between  Member  States. 

Article  35 

(ex  Article  29  TEC) 

Common  Customs  Tariff  duties  shall  be  fixed  by  the  Council  on  a  proposal  from  the  Commission. 

Quantitative  restrictions  on  exports,  and  all  measures  having  equivalent  effect,  shall  be  prohibited 
between  Member  States. 

In  carrying  out  the  tasks  entrusted  to  it  under  this  Chapter  the  Commission  shall  be  guided  by: 

(a)  the  need  to  promote  trade  between  Member  States  and  third  countries; 

(b)  developments  in  conditions  of  competition  within  the  Union  in  so  far  as  they  lead  to  an 

improvement  in  the  competitive  capacity  of  undertakings; 

(c)  the  requirements  of  the  Union  as  regards  the  supply  of  raw  materials  and  semi-finished  goods;  in 

this  connection  the  Commission  shall  take  care  to  avoid  distorting  conditions  of  competition 

between  Member  States  in  respect  of  finished  goods; 

Article  36 

(ex  Article  30  TEC) 

The  provisions  of  Articles  34  and  35  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. 

Article  37 

(ex  Article  31  TEC) 

(d)  the  need  to  avoid  serious  disturbances  in  the  economies  of  Member  States  and  to  ensure  rational 

development  of  production  and  an  expansion  of  consumption  within  the  Union.

1.  Member  States  shall  adjust  any  State  monopolies  of  a  commercial character so  as  to  ensure  that 
no  discrimination  regarding  the  conditions  under  which  goods  are  procured  and  marketed  exists 
between  nationals  of  Member  States.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/62 
6262

EN 

Official Journal of the European Union 

7.6.2016

The  provisions  of  this  Article  shall  apply  to  any  body  through  which  a  Member  State,  in  law  or  in 
fact,  either  directly  or  indirectly  supervises,  determines  or  appreciably  influences  imports  or  exports 
between  Member  States.  These  provisions  shall  likewise  apply  to  monopolies  delegated  by  the  State 
to  others. 

2.  Member  States  shall  refrain  from  introducing  any  new  measure  which  is  contrary  to  the 
principles  laid  down  in  paragraph  1  or  which  restricts  the  scope  of  the  articles  dealing  with  the 
prohibition  of  customs  duties  and  quantitative  restrictions  between  Member  States. 

If  a State  monopoly  of  a  commercial character has rules which are designed  to  make  it  easier to 
3. 
dispose  of  agricultural  products  or  obtain  for  them  the  best  return,  steps  should  be  taken  in  applying 
the  rules  contained  in  this  Article  to  ensure  equivalent  safeguards  for  the  employment  and  standard 
of  living  of  the  producers  concerned. 

TITLE  III 

AGRICULTURE  AND  FISHERIES 

Article  38 

(ex  Article  32  TEC) 

1. 

The  Union  shall  define  and  implement  a  common  agriculture  and  fisheries  policy. 

The  internal  market  shall  extend  to  agriculture,  fisheries  and  trade  in  agricultural  products.  ‘Agri­
cultural  products’  means  the  products  of  the  soil,  of  stockfarming  and  of  fisheries  and  products  of 
first-stage  processing  directly  related  to  these  products.  References  to  the  common  agricultural  policy 
or  to  agriculture,  and  the  use  of  the  term  ‘agricultural’,  shall  be  understood  as  also  referring  to 
fisheries,  having  regard  to  the  specific  characteristics  of  this  sector. 

Save  as  otherwise  provided  in  Articles  39  to  44,  the  rules  laid  down  for  the  establishment  and 

2. 
functioning  of  the  internal  market  shall  apply  to  agricultural  products. 

3. 

The  products  subject  to  the  provisions  of  Articles  39  to  44  are  listed  in  Annex  I. 

The  operation  and  development  of  the  internal  market  for  agricultural  products  must  be 

4. 
accompanied  by  the  establishment  of  a  common  agricultural  policy. 

1. 

The  objectives  of  the  common  agricultural  policy  shall  be: 

Article  39 

(ex  Article  33  TEC) 

(a)  to  increase  agricultural productivity by  promoting  technical  progress  and  by  ensuring  the  rational 
development  of  agricultural  production  and  the  optimum  utilisation  of  the  factors  of  production, 
in  particular  labour;

Consolidated TreatiesConsolidated Treaties 
C  202/62 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/63
6363

The  provisions  of  this  Article  shall  apply  to  any  body  through  which  a  Member  State,  in  law  or  in 

fact,  either  directly  or  indirectly  supervises,  determines  or  appreciably  influences  imports  or  exports 

between  Member  States.  These  provisions  shall  likewise  apply  to  monopolies  delegated  by  the  State 

to  others. 

2.  Member  States  shall  refrain  from  introducing  any  new  measure  which  is  contrary  to  the 

principles  laid  down  in  paragraph  1  or  which  restricts  the  scope  of  the  articles  dealing  with  the 

prohibition  of  customs  duties  and  quantitative  restrictions  between  Member  States. 

3. 

If  a State  monopoly  of  a  commercial character has rules which are designed  to  make  it  easier to 

dispose  of  agricultural  products  or  obtain  for  them  the  best  return,  steps  should  be  taken  in  applying 

the  rules  contained  in  this  Article  to  ensure  equivalent  safeguards  for  the  employment  and  standard 

of  living  of  the  producers  concerned. 

TITLE  III 

AGRICULTURE  AND  FISHERIES 

Article  38 

(ex  Article  32  TEC) 

1. 

The  Union  shall  define  and  implement  a  common  agriculture  and  fisheries  policy. 

The  internal  market  shall  extend  to  agriculture,  fisheries  and  trade  in  agricultural  products.  ‘Agri­

cultural  products’  means  the  products  of  the  soil,  of  stockfarming  and  of  fisheries  and  products  of 

first-stage  processing  directly  related  to  these  products.  References  to  the  common  agricultural  policy 

or  to  agriculture,  and  the  use  of  the  term  ‘agricultural’,  shall  be  understood  as  also  referring  to 

fisheries,  having  regard  to  the  specific  characteristics  of  this  sector. 

(b)  thus  to  ensure  a  fair  standard  of  living  for  the  agricultural community,  in  particular  by  increasing 

the  individual  earnings  of  persons  engaged  in  agriculture; 

(c)  to  stabilise  markets; 

(d)  to  assure  the  availability  of  supplies; 

(e)  to  ensure  that  supplies  reach  consumers  at  reasonable  prices. 

In  working  out  the  common  agricultural  policy  and  the  special  methods  for  its  application, 

2. 
account  shall  be  taken  of: 

(a)  the  particular  nature  of  agricultural  activity,  which  results  from  the  social  structure  of  agriculture 

and  from  structural  and  natural  disparities  between  the  various  agricultural  regions; 

(b)  the  need  to  effect  the  appropriate  adjustments  by  degrees; 

(c)  the  fact  that  in  the  Member  States  agriculture  constitutes  a  sector  closely  linked  with  the 

economy  as  a  whole. 

Article  40 

(ex  Article  34  TEC) 

In  order  to  attain  the  objectives  set  out  in  Article  39,  a  common  organisation  of  agricultural 

1. 
markets  shall  be  established. 

This  organisation  shall  take  one  of  the  following  forms,  depending  on  the  product  concerned: 

2. 

Save  as  otherwise  provided  in  Articles  39  to  44,  the  rules  laid  down  for  the  establishment  and 

functioning  of  the  internal  market  shall  apply  to  agricultural  products. 

(a)  common  rules  on  competition; 

3. 

The  products  subject  to  the  provisions  of  Articles  39  to  44  are  listed  in  Annex  I. 

(b)  compulsory  coordination  of  the  various  national  market  organisations; 

4. 

The  operation  and  development  of  the  internal  market  for  agricultural  products  must  be 

accompanied  by  the  establishment  of  a  common  agricultural  policy. 

(c)  a  European  market  organisation. 

1. 

The  objectives  of  the  common  agricultural  policy  shall  be: 

Article  39 

(ex  Article  33  TEC) 

(a)  to  increase  agricultural productivity by  promoting  technical  progress  and  by  ensuring  the  rational 

development  of  agricultural  production  and  the  optimum  utilisation  of  the  factors  of  production, 

in  particular  labour;

The  common  organisation  established  in  accordance  with  paragraph  1  may  include  all 
2. 
measures  required  to  attain  the  objectives  set  out  in  Article  39,  in  particular  regulation  of  prices, 
aids  for  the  production  and  marketing  of  the  various  products,  storage  and  carryover  arrangements 
and  common  machinery  for  stabilising  imports  or  exports. 

The  common  organisation  shall  be  limited  to  pursuit of  the  objectives  set  out  in  Article  39  and  shall 
exclude  any  discrimination  between  producers  or  consumers  within  the  Union. 

Any  common  price  policy  shall  be  based  on  common  criteria  and  uniform  methods  of  calculation.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/64 
6464

EN 

Official Journal of the European Union 

7.6.2016

In  order  to  enable  the  common  organisation  referred  to  in  paragraph  1  to  attain  its  objectives, 

3. 
one  or  more  agricultural  guidance  and  guarantee  funds  may  be  set  up. 

Article  41 

(ex  Article  35  TEC) 

To  enable  the  objectives  set  out  in  Article  39  to  be  attained,  provision  may  be  made  within  the 
framework  of  the  common  agricultural  policy  for  measures  such  as: 

(a)  an  effective  coordination  of  efforts  in  the  spheres  of  vocational  training,  of  research  and  of  the 
dissemination  of  agricultural  knowledge;  this  may  include  joint  financing  of  projects  or  institu­
tions; 

(b)  joint  measures  to  promote  consumption  of  certain  products. 

Article  42 

(ex  Article  36  TEC) 

The  provisions  of  the  Chapter  relating  to  rules  on  competition  shall  apply to  production  of  and  trade 
in  agricultural  products  only  to  the  extent  determined  by  the  European  Parliament  and  the  Council 
within  the  framework  of  Article  43(2)  and  in  accordance  with  the  procedure  laid  down  therein, 
account  being  taken  of  the  objectives  set  out  in  Article  39. 

The  Council,  on  a  proposal  from  the  Commission,  may  authorise  the  granting  of  aid: 

(a)  for  the  protection  of  enterprises  handicapped  by  structural  or  natural  conditions; 

(b)  within  the  framework  of  economic  development  programmes. 

Article  43 

(ex  Article  37  TEC) 

1. 
The  Commission  shall  submit  proposals  for  working  out  and  implementing  the  common 
agricultural  policy,  including  the  replacement  of  the  national  organisations  by  one  of  the  forms  of 
common  organisation  provided  for  in  Article  40(1),  and  for  implementing  the  measures  specified  in 
this  Title. 

These  proposals  shall  take  account  of  the  interdependence  of  the  agricultural  matters  mentioned  in 
this  Title. 

2. 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure  and  after  consulting  the  Economic  and  Social  Committee,  shall  establish  the  common 
organisation  of  agricultural  markets  provided  for  in  Article  40(1)  and  the  other  provisions  necessary 
for  the  pursuit  of  the  objectives  of  the  common  agricultural  policy  and  the  common  fisheries  policy.

Consolidated TreatiesConsolidated Treaties 
C  202/64 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/65
6565

3. 

In  order  to  enable  the  common  organisation  referred  to  in  paragraph  1  to  attain  its  objectives, 

one  or  more  agricultural  guidance  and  guarantee  funds  may  be  set  up. 

The  Council,  on  a  proposal  from  the  Commission,  shall  adopt  measures  on  fixing  prices,  levies, 

3. 
aid  and  quantitative  limitations  and  on  the  fixing  and  allocation  of  fishing  opportunities. 

Article  41 

(ex  Article  35  TEC) 

In  accordance  with  paragraph  2,  the  national  market  organisations  may  be  replaced  by  the 

4. 
common  organisation  provided  for  in  Article  40(1)  if: 

To  enable  the  objectives  set  out  in  Article  39  to  be  attained,  provision  may  be  made  within  the 

framework  of  the  common  agricultural  policy  for  measures  such  as: 

(a)  an  effective  coordination  of  efforts  in  the  spheres  of  vocational  training,  of  research  and  of  the 

dissemination  of  agricultural  knowledge;  this  may  include  joint  financing  of  projects  or  institu­

tions; 

(b)  joint  measures  to  promote  consumption  of  certain  products. 

Article  42 

(ex  Article  36  TEC) 

The  provisions  of  the  Chapter  relating  to  rules  on  competition  shall  apply to  production  of  and  trade 

in  agricultural  products  only  to  the  extent  determined  by  the  European  Parliament  and  the  Council 

within  the  framework  of  Article  43(2)  and  in  accordance  with  the  procedure  laid  down  therein, 

account  being  taken  of  the  objectives  set  out  in  Article  39. 

The  Council,  on  a  proposal  from  the  Commission,  may  authorise  the  granting  of  aid: 

(a)  for  the  protection  of  enterprises  handicapped  by  structural  or  natural  conditions; 

(b)  within  the  framework  of  economic  development  programmes. 

(a)  the  common  organisation  offers  Member  States  which  are  opposed  to  this  measure  and  which 
have  an  organisation  of  their  own  for  the  production  in  question  equivalent  safeguards  for  the 
employment  and  standard  of  living  of  the  producers  concerned,  account  being  taken  of  the 
adjustments  that  will  be  possible  and  the  specialisation  that  will  be  needed  with  the  passage  of 
time; 

(b)  such  an  organisation  ensures  conditions  for  trade  within  the  Union  similar  to  those  existing  in  a 

national  market. 

5. 
If  a  common  organisation  for  certain  raw  materials  is  established  before  a  common  organ­
isation  exists  for  the  corresponding  processed  products,  such  raw  materials  as  are  used  for  processed 
products  intended  for  export  to  third  countries  may  be  imported  from  outside  the  Union. 

Article  44 

(ex  Article  38  TEC) 

Where  in  a  Member  State  a  product  is  subject  to  a  national  market  organisation  or  to  internal  rules 
having  equivalent  effect  which  affect  the  competitive  position  of  similar  production  in  another 
Member  State,  a  countervailing  charge  shall  be  applied  by  Member  States  to  imports  of  this 
product  coming  from  the  Member  State  where  such  organisation  or  rules  exist,  unless  that  State 
applies  a  countervailing  charge  on  export. 

Article  43 

(ex  Article  37  TEC) 

The  Commission  shall  fix  the  amount  of  these  charges  at  the  level  required  to  redress  the  balance;  it 
may  also  authorise  other  measures,  the  conditions  and  details  of  which  it  shall  determine. 

1. 

The  Commission  shall  submit  proposals  for  working  out  and  implementing  the  common 

agricultural  policy,  including  the  replacement  of  the  national  organisations  by  one  of  the  forms  of 

common  organisation  provided  for  in  Article  40(1),  and  for  implementing  the  measures  specified  in 

These  proposals  shall  take  account  of  the  interdependence  of  the  agricultural  matters  mentioned  in 

this  Title. 

this  Title. 

2. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

procedure  and  after  consulting  the  Economic  and  Social  Committee,  shall  establish  the  common 

organisation  of  agricultural  markets  provided  for  in  Article  40(1)  and  the  other  provisions  necessary 

for  the  pursuit  of  the  objectives  of  the  common  agricultural  policy  and  the  common  fisheries  policy.

TITLE  IV 

FREE  MOVEMENT  OF  PERSONS,  SERVICES  AND  CAPITAL 

CHAPTER  1 

WORKERS 

Article  45 

(ex  Article  39  TEC) 

1. 

Freedom  of  movement  for  workers  shall  be  secured  within  the  Union.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/66 
6666

EN 

Official Journal of the European Union 

7.6.2016

2. 
Such  freedom  of  movement  shall  entail  the  abolition  of  any  discrimination  based  on  nationality 
between  workers  of  the  Member  States  as  regards  employment,  remuneration  and  other  conditions 
of  work  and  employment. 

It  shall  entail  the  right,  subject  to  limitations  justified  on  grounds  of  public  policy,  public 

3. 
security  or  public  health: 

(a)  to  accept  offers  of  employment  actually  made; 

(b)  to  move  freely  within  the  territory  of  Member  States  for  this  purpose; 

(c)  to  stay  in  a  Member  State  for  the  purpose  of  employment  in  accordance  with  the  provisions 
governing  the  employment  of  nationals  of  that  State  laid  down  by  law,  regulation  or  adminis­
trative  action; 

(d)  to  remain  in  the  territory  of  a  Member  State  after  having  been  employed  in  that  State,  subject  to 

conditions  which  shall  be  embodied  in  regulations  to  be  drawn  up  by  the  Commission. 

4. 

The  provisions  of  this  Article  shall  not  apply  to  employment  in  the  public  service. 

Article  46 

(ex  Article  40  TEC) 

The  European  Parliament  and  the  Council  shall,  acting  in  accordance  with  the  ordinary  legislative 
procedure  and  after  consulting  the  Economic  and  Social  Committee,  issue  directives  or  make  regu­
lations  setting  out  the  measures  required  to  bring  about  freedom  of  movement  for  workers,  as 
defined  in  Article  45,  in  particular: 

(a)  by  ensuring  close  cooperation  between  national  employment  services; 

(b)  by  abolishing  those  administrative  procedures  and  practices  and  those  qualifying  periods  in 
respect  of  eligibility  for  available  employment,  whether  resulting  from  national  legislation  or 
from  agreements  previously  concluded  between  Member  States,  the  maintenance  of  which  would 
form  an  obstacle  to  liberalisation  of  the  movement  of  workers; 

(c)  by  abolishing  all  such  qualifying  periods  and  other  restrictions  provided  for  either  under  national 
legislation  or  under  agreements  previously  concluded  between  Member  States  as  imposed  on 
workers  of  other  Member  States  conditions  regarding  the  free  choice  of  employment  other  than 
those  imposed  on  workers  of  the  State  concerned; 

(d)  by  setting  up  appropriate  machinery  to  bring  offers  of  employment  into  touch  with  applications 
for  employment  and  to  facilitate  the  achievement  of  a  balance  between  supply  and  demand  in 
the  employment  market  in  such  a  way  as  to  avoid  serious  threats  to  the  standard  of  living  and 
level  of  employment  in  the  various  regions  and  industries.

Consolidated TreatiesConsolidated Treaties 
C  202/66 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/67
6767

2. 

Such  freedom  of  movement  shall  entail  the  abolition  of  any  discrimination  based  on  nationality 

between  workers  of  the  Member  States  as  regards  employment,  remuneration  and  other  conditions 

Article  47 

(ex  Article  41  TEC) 

Member  States  shall,  within  the  framework  of  a  joint  programme,  encourage  the  exchange  of  young 
workers. 

Article  48 

(ex  Article  42  TEC) 

The  European  Parliament  and  the  Council  shall,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  adopt  such  measures  in  the  field  of  social  security  as  are  necessary  to  provide  freedom  of 
movement  for  workers;  to  this  end,  they  shall  make  arrangements  to  secure  for  employed  and  self- 
employed  migrant  workers  and  their  dependants: 

(a)  aggregation,  for  the  purpose  of  acquiring  and  retaining  the  right  to  benefit  and  of  calculating  the 
amount  of  benefit,  of  all  periods  taken  into  account  under  the  laws  of  the  several  countries; 

(b)  payment  of  benefits  to  persons  resident  in  the  territories  of  Member  States. 

Where  a  member  of  the  Council  declares  that  a  draft 
in  the 
first  subparagraph  would  affect  important  aspects  of  its  social  security  system,  including  its  scope, 
cost  or  financial  structure,  or  would  affect  the  financial  balance  of  that  system,  it  may  request  that 
the  matter  be  referred  to  the  European  Council.  In  that  case,  the  ordinary  legislative  procedure  shall 
be  suspended.  After  discussion, 
this 
suspension,  either: 

the  European  Council  shall,  within 

legislative  act  referred  to 

four  months  of 

(a)  refer  the  draft  back  to  the  Council,  which  shall  terminate  the  suspension  of  the  ordinary  legis­

lative  procedure;  or 

(b)  take  no  action  or  request  the  Commission  to  submit  a  new  proposal;  in  that  case,  the  act 

originally  proposed  shall  be  deemed  not  to  have  been  adopted. 

CHAPTER  2 

RIGHT  OF  ESTABLISHMENT 

Article  49 

(ex  Article  43  TEC) 

Within  the  framework  of  the  provisions  set  out  below,  restrictions  on  the  freedom  of  establishment 
of  nationals  of  a  Member  State  in  the  territory  of  another  Member  State  shall  be  prohibited.  Such 
prohibition  shall  also  apply  to  restrictions  on  the  setting-up  of  agencies,  branches  or  subsidiaries  by 
nationals  of  any  Member  State  established  in  the  territory  of  any  Member  State. 

Freedom  of  establishment  shall  include  the  right  to  take  up  and  pursue  activities  as  self-employed 
persons  and  to  set  up and  manage  undertakings,  in  particular  companies  or  firms within  the  meaning 
of  the  second  paragraph  of  Article  54,  under  the  conditions  laid  down  for  its  own  nationals  by  the 
law  of  the  country  where  such  establishment  is  effected,  subject  to  the  provisions  of  the  Chapter 
relating  to  capital.

of  work  and  employment. 

security  or  public  health: 

3. 

It  shall  entail  the  right,  subject  to  limitations  justified  on  grounds  of  public  policy,  public 

(a)  to  accept  offers  of  employment  actually  made; 

(b)  to  move  freely  within  the  territory  of  Member  States  for  this  purpose; 

(c)  to  stay  in  a  Member  State  for  the  purpose  of  employment  in  accordance  with  the  provisions 

governing  the  employment  of  nationals  of  that  State  laid  down  by  law,  regulation  or  adminis­

trative  action; 

(d)  to  remain  in  the  territory  of  a  Member  State  after  having  been  employed  in  that  State,  subject  to 

conditions  which  shall  be  embodied  in  regulations  to  be  drawn  up  by  the  Commission. 

4. 

The  provisions  of  this  Article  shall  not  apply  to  employment  in  the  public  service. 

Article  46 

(ex  Article  40  TEC) 

The  European  Parliament  and  the  Council  shall,  acting  in  accordance  with  the  ordinary  legislative 

procedure  and  after  consulting  the  Economic  and  Social  Committee,  issue  directives  or  make  regu­

lations  setting  out  the  measures  required  to  bring  about  freedom  of  movement  for  workers,  as 

defined  in  Article  45,  in  particular: 

(a)  by  ensuring  close  cooperation  between  national  employment  services; 

(b)  by  abolishing  those  administrative  procedures  and  practices  and  those  qualifying  periods  in 

respect  of  eligibility  for  available  employment,  whether  resulting  from  national  legislation  or 

from  agreements  previously  concluded  between  Member  States,  the  maintenance  of  which  would 

form  an  obstacle  to  liberalisation  of  the  movement  of  workers; 

(c)  by  abolishing  all  such  qualifying  periods  and  other  restrictions  provided  for  either  under  national 

legislation  or  under  agreements  previously  concluded  between  Member  States  as  imposed  on 

workers  of  other  Member  States  conditions  regarding  the  free  choice  of  employment  other  than 

those  imposed  on  workers  of  the  State  concerned; 

(d)  by  setting  up  appropriate  machinery  to  bring  offers  of  employment  into  touch  with  applications 

for  employment  and  to  facilitate  the  achievement  of  a  balance  between  supply  and  demand  in 

the  employment  market  in  such  a  way  as  to  avoid  serious  threats  to  the  standard  of  living  and 

level  of  employment  in  the  various  regions  and  industries.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/68 
6868

EN 

Official Journal of the European Union 

7.6.2016

Article  50 

(ex  Article  44  TEC) 

In  order 

the 
1. 
to  attain 
European  Parliament  and 
legislative 
procedure  and  after  consulting  the  Economic  and  Social  Committee,  shall  act  by  means  of  directives. 

freedom  of  establishment  as 
the  Council,  acting 

regards  a  particular  activity, 

in  accordance  with 

the  ordinary 

The  European  Parliament,  the  Council  and  the  Commission  shall  carry  out  the  duties  devolving 

2. 
upon  them  under  the  preceding  provisions,  in  particular: 

(a)  by  according,  as  a  general  rule,  priority  treatment  to  activities  where  freedom  of  establishment 

makes  a  particularly  valuable  contribution  to  the  development  of  production  and  trade; 

(b)  by  ensuring  close  cooperation  between  the  competent  authorities  in  the  Member  States  in  order 

to  ascertain  the  particular  situation  within  the  Union  of  the  various  activities  concerned; 

(c)  by  abolishing  those  administrative  procedures  and  practices,  whether  resulting  from  national 
legislation  or  from  agreements  previously  concluded  between  Member  States,  the  maintenance 
of  which  would  form  an  obstacle  to  freedom  of  establishment; 

(d)  by  ensuring  that  workers  of  one  Member  State  employed  in  the  territory  of  another  Member 
State  may  remain  in  that  territory  for  the  purpose  of  taking  up  activities  therein  as  self-employed 
persons,  where  they  satisfy  the  conditions  which  they  would  be  required  to  satisfy  if  they  were 
entering  that  State  at  the  time  when  they  intended  to  take  up  such  activities; 

(e)  by  enabling  a  national  of  one  Member  State  to  acquire  and  use  land  and  buildings  situated  in  the 
territory  of  another  Member  State,  in  so  far  as  this  does  not  conflict  with  the  principles  laid 
down  in  Article  39(2); 

(f)  by  effecting  the  progressive  abolition  of  restrictions  on  freedom  of  establishment  in  every  branch 
of  activity  under  consideration,  both  as  regards  the  conditions  for  setting  up  agencies,  branches 
or  subsidiaries  in  the  territory of  a  Member  State  and  as  regards the  subsidiaries  in  the  territory of 
a  Member  State  and  as  regards  the  conditions  governing  the  entry  of  personnel  belonging  to  the 
main  establishment  into  managerial  or  supervisory  posts  in  such  agencies,  branches  or  subsidi­
aries; 

(g)  by  coordinating  to  the  necessary  extent  the  safeguards  which,  for  the  protection  of  the  interests 
of  members  and  others,  are  required  by  Member  States  of  companies  or  firms  within  the 
meaning  of  the  second  paragraph  of  Article  54  with  a  view  to  making  such  safeguards 
equivalent  throughout  the  Union; 

(h)  by  satisfying  themselves  that  the  conditions  of  establishment  are  not  distorted  by  aids  granted  by 

Member  States. 

Article  51 

(ex  Article  45  TEC) 

The  provisions  of  this  Chapter  shall  not  apply,  so  far  as  any  given  Member  State  is  concerned,  to 
activities  which  in  that  State  are  connected,  even  occasionally,  with  the  exercise  of  official  authority.

Consolidated TreatiesConsolidated Treaties 
C  202/68 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/69
6969

Article  50 

(ex  Article  44  TEC) 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  may  rule  that  the  provisions  of  this  Chapter  shall  not  apply  to  certain  activities. 

1. 

In  order 

to  attain 

freedom  of  establishment  as 

regards  a  particular  activity, 

the 

European  Parliament  and 

the  Council,  acting 

in  accordance  with 

the  ordinary 

legislative 

procedure  and  after  consulting  the  Economic  and  Social  Committee,  shall  act  by  means  of  directives. 

2. 

The  European  Parliament,  the  Council  and  the  Commission  shall  carry  out  the  duties  devolving 

upon  them  under  the  preceding  provisions,  in  particular: 

(a)  by  according,  as  a  general  rule,  priority  treatment  to  activities  where  freedom  of  establishment 

makes  a  particularly  valuable  contribution  to  the  development  of  production  and  trade; 

(b)  by  ensuring  close  cooperation  between  the  competent  authorities  in  the  Member  States  in  order 

to  ascertain  the  particular  situation  within  the  Union  of  the  various  activities  concerned; 

(c)  by  abolishing  those  administrative  procedures  and  practices,  whether  resulting  from  national 

legislation  or  from  agreements  previously  concluded  between  Member  States,  the  maintenance 

of  which  would  form  an  obstacle  to  freedom  of  establishment; 

(d)  by  ensuring  that  workers  of  one  Member  State  employed  in  the  territory  of  another  Member 

State  may  remain  in  that  territory  for  the  purpose  of  taking  up  activities  therein  as  self-employed 

persons,  where  they  satisfy  the  conditions  which  they  would  be  required  to  satisfy  if  they  were 

entering  that  State  at  the  time  when  they  intended  to  take  up  such  activities; 

Article  52 

(ex  Article  46  TEC) 

1. 
The  provisions  of  this  Chapter  and  measures  taken  in  pursuance  thereof  shall  not  prejudice  the 
applicability  of  provisions  laid  down  by  law,  regulation  or  administrative  action  providing  for  special 
treatment  for  foreign  nationals  on  grounds  of  public  policy,  public  security  or  public  health. 

The  European  Parliament  and  the  Council  shall,  acting  in  accordance  with  the  ordinary  legis­

2. 
lative  procedure,  issue  directives  for  the  coordination  of  the  abovementioned  provisions. 

Article  53 

(ex  Article  47  TEC) 

1. 
In  order  to  make  it  easier  for  persons  to  take  up  and  pursue  activities  as  self-employed  persons, 
the  European  Parliament  and  the  Council  shall,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  issue  directives  for  the  mutual  recognition  of  diplomas,  certificates  and  other  evidence  of 
formal  qualifications  and  for  the  coordination  of  the  provisions  laid  down  by  law,  regulation  or 
administrative  action  in  Member  States  concerning  the  taking-up  and  pursuit  of  activities  as  self- 
employed  persons. 

(e)  by  enabling  a  national  of  one  Member  State  to  acquire  and  use  land  and  buildings  situated  in  the 

territory  of  another  Member  State,  in  so  far  as  this  does  not  conflict  with  the  principles  laid 

down  in  Article  39(2); 

2. 
In  the  case  of  the  medical  and  allied  and  pharmaceutical  professions,  the  progressive  abolition 
of  restrictions  shall  be  dependent  upon  coordination  of  the  conditions  for  their  exercise  in  the 
various  Member  States. 

(f)  by  effecting  the  progressive  abolition  of  restrictions  on  freedom  of  establishment  in  every  branch 

of  activity  under  consideration,  both  as  regards  the  conditions  for  setting  up  agencies,  branches 

or  subsidiaries  in  the  territory of  a  Member  State  and  as  regards the  subsidiaries  in  the  territory of 

a  Member  State  and  as  regards  the  conditions  governing  the  entry  of  personnel  belonging  to  the 

main  establishment  into  managerial  or  supervisory  posts  in  such  agencies,  branches  or  subsidi­

aries; 

(g)  by  coordinating  to  the  necessary  extent  the  safeguards  which,  for  the  protection  of  the  interests 

of  members  and  others,  are  required  by  Member  States  of  companies  or  firms  within  the 

meaning  of  the  second  paragraph  of  Article  54  with  a  view  to  making  such  safeguards 

equivalent  throughout  the  Union; 

(h)  by  satisfying  themselves  that  the  conditions  of  establishment  are  not  distorted  by  aids  granted  by 

Member  States. 

Article  51 

(ex  Article  45  TEC) 

Article  54 

(ex  Article  48  TEC) 

Companies  or  firms  formed  in  accordance  with  the  law  of  a  Member  State  and  having  their 
registered  office,  central  administration  or  principal  place  of  business  within  the  Union  shall,  for 
the  purposes  of  this  Chapter,  be  treated  in  the  same  way  as  natural  persons  who  are  nationals  of 
Member  States. 

‘Companies  or  firms’  means  companies  or  firms  constituted  under  civil  or  commercial  law,  including 
cooperative  societies, and  other  legal  persons  governed  by  public  or  private law,  save  for  those  which 
are  non-profit-making. 

Article  55 

(ex  Article  294  TEC) 

The  provisions  of  this  Chapter  shall  not  apply,  so  far  as  any  given  Member  State  is  concerned,  to 

activities  which  in  that  State  are  connected,  even  occasionally,  with  the  exercise  of  official  authority.

Member  States  shall  accord  nationals  of  the  other  Member  States  the  same  treatment  as  their  own 
nationals  as  regards  participation  in  the  capital  of  companies  or  firms  within  the  meaning  of 
Article  54,  without  prejudice  to  the  application  of  the  other  provisions  of  the  Treaties.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/70 
7070

EN 

Official Journal of the European Union 

7.6.2016

CHAPTER  3 

SERVICES 

Article  56 

(ex  Article  49  TEC) 

Within  the  framework  of  the  provisions  set  out  below,  restrictions  on  freedom  to  provide  services 
within  the  Union  shall  be  prohibited  in  respect  of  nationals  of  Member  States  who  are  established  in 
a  Member  State  other  than  that  of  the  person  for  whom  the  services  are  intended. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  may  extend  the  provisions  of  the  Chapter  to  nationals  of  a  third  country  who  provide 
services  and  who  are  established  within  the  Union. 

Article  57 

(ex  Article  50  TEC) 

Services  shall  be  considered  to  be  ‘services’  within  the  meaning  of  the  Treaties  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  Member  State  where 
the  service is  provided, under  the  same  conditions  as  are  imposed  by  that  State  on  its  own  nationals. 

Article  58 

(ex  Article  51  TEC) 

Freedom  to  provide  services  in  the  field  of  transport  shall  be  governed  by  the  provisions  of  the 

1. 
Title  relating  to  transport. 

The  liberalisation  of  banking  and  insurance  services  connected  with  movements  of  capital  shall 

2. 
be  effected  in  step  with  the  liberalisation  of  movement  of  capital.

Consolidated TreatiesConsolidated Treaties 
C  202/70 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/71
7171

CHAPTER  3 

SERVICES 

Article  56 

(ex  Article  49  TEC) 

Article  57 

(ex  Article  50  TEC) 

Within  the  framework  of  the  provisions  set  out  below,  restrictions  on  freedom  to  provide  services 

within  the  Union  shall  be  prohibited  in  respect  of  nationals  of  Member  States  who  are  established  in 

a  Member  State  other  than  that  of  the  person  for  whom  the  services  are  intended. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

procedure,  may  extend  the  provisions  of  the  Chapter  to  nationals  of  a  third  country  who  provide 

services  and  who  are  established  within  the  Union. 

Services  shall  be  considered  to  be  ‘services’  within  the  meaning  of  the  Treaties  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  Member  State  where 

the  service is  provided, under  the  same  conditions  as  are  imposed  by  that  State  on  its  own  nationals. 

Article  58 

(ex  Article  51  TEC) 

Article  59 

(ex  Article  52  TEC) 

1. 
In  order  to  achieve  the  liberalisation  of  a  specific  service,  the  European  Parliament  and 
the  Council,  acting  in  accordance  with  the  ordinary  legislative  procedure  and  after  consulting  the 
Economic  and  Social  Committee,  shall  issue  directives. 

2.  As  regards  the  directives  referred  to  in  paragraph  1,  priority  shall  as  a  general  rule  be  given  to 
those  services  which  directly  affect  production  costs  or  the  liberalisation  of  which  helps  to  promote 
trade  in  goods. 

Article  60 

(ex  Article  53  TEC) 

The  Member  States  shall  endeavour  to  undertake  the  liberalisation  of  services  beyond  the  extent 
required  by  the  directives  issued  pursuant  to  Article  59(1),  if  their  general  economic  situation  and 
the  situation  of  the  economic  sector  concerned  so  permit. 

To  this  end,  the  Commission  shall  make  recommendations  to  the  Member  States  concerned. 

Article  61 

(ex  Article  54  TEC) 

As  long  as  restrictions  on  freedom  to  provide  services  have  not  been  abolished,  each  Member  State 
shall  apply  such  restrictions  without  distinction  on  grounds  of  nationality  or  residence  to  all  persons 
providing  services  within  the  meaning  of  the  first  paragraph  of  Article  56. 

The  provisions  of  Articles  51  to  54  shall  apply  to  the  matters  covered  by  this  Chapter. 

Article  62 

(ex  Article  55  TEC) 

CHAPTER  4 

CAPITAL  AND  PAYMENTS 

Article  63 

(ex  Article  56  TEC) 

1. 

Freedom  to  provide  services  in  the  field  of  transport  shall  be  governed  by  the  provisions  of  the 

Title  relating  to  transport. 

1.  Within  the  framework  of  the  provisions  set  out  in  this  Chapter,  all  restrictions  on  the 
movement  of  capital  between  Member  States  and  between  Member  States  and  third  countries 
shall  be  prohibited. 

2. 

The  liberalisation  of  banking  and  insurance  services  connected  with  movements  of  capital  shall 

be  effected  in  step  with  the  liberalisation  of  movement  of  capital.

2.  Within  the  framework  of  the  provisions  set  out  in  this  Chapter,  all  restrictions  on  payments 
between  Member  States  and  between  Member  States  and  third  countries  shall  be  prohibited.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/72 
7272

EN 

Official Journal of the European Union 

7.6.2016

Article  64 

(ex  Article  57  TEC) 

1. 
The  provisions  of  Article  63  shall  be  without  prejudice  to  the  application  to  third  countries  of 
any  restrictions  which  exist  on  31  December  1993  under  national  or  Union  law  adopted  in  respect 
of  the  movement  of  capital  to  or  from  third  countries  involving  direct  investment  –  including  in  real 
estate  –  establishment,  the  provision  of  financial  services  or  the  admission  of  securities  to  capital 
markets.  In  respect  of  restrictions  existing  under  national  law  in  Bulgaria,  Estonia  and  Hungary,  the 
relevant  date  shall  be  31  December  1999.  In  respect  of  restrictions  existing  under  national  law  in 
Croatia,  the  relevant  date  shall  be  31  December  2002. 

to  achieve  the  objective  of 

2.  Whilst  endeavouring 
free  movement  of  capital  between 
Member  States  and  third  countries  to  the  greatest  extent  possible  and  without  prejudice  to  the 
other  Chapters  of  the  Treaties,  the  European  Parliament  and  the  Council,  acting  in  accordance  with 
the  ordinary  legislative  procedure,  shall  adopt  the  measures  on  the  movement  of  capital  to  or  from 
third  countries  involving  direct  investment  –  including  investment  in  real  estate  –  establishment,  the 
provision  of  financial  services  or  the  admission  of  securities  to  capital  markets. 

3.  Notwithstanding  paragraph  2,  only  the  Council,  acting  in  accordance  with  a  special  legislative 
procedure,  may  unanimously,  and  after  consulting  the  European  Parliament,  adopt  measures  which 
constitute  a  step  backwards  in  Union  law  as  regards  the  liberalisation  of  the  movement  of  capital  to 
or  from  third  countries. 

Article  65 

(ex  Article  58  TEC) 

1. 

The  provisions  of  Article  63  shall  be  without  prejudice  to  the  right  of  Member  States: 

(a)  to  apply the  relevant provisions  of  their tax law which distinguish between  taxpayers who  are not 
in  the  same  situation  with  regard  to  their  place  of  residence  or  with  regard  to  the  place  where 
their  capital  is  invested; 

(b)  to  take  all  requisite  measures  to  prevent  infringements  of  national  law  and  regulations,  in 
particular  in  the  field  of  taxation  and  the  prudential  supervision  of  financial  institutions,  or  to 
lay  down  procedures  for  the  declaration  of  capital  movements  for  purposes  of  administrative  or 
statistical  information,  or  to  take  measures  which  are  justified  on  grounds  of  public  policy  or 
public  security. 

The  provisions  of  this  Chapter  shall  be  without  prejudice  to  the  applicability  of  restrictions  on 

2. 
the  right  of  establishment  which  are  compatible  with  the  Treaties. 

3. 
The  measures  and  procedures  referred  to  in  paragraphs  1  and  2  shall  not  constitute  a  means  of 
arbitrary  discrimination  or  a  disguised  restriction  on  the  free  movement  of  capital  and  payments  as 
defined  in  Article  63.

Consolidated TreatiesConsolidated Treaties 
C  202/72 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/73
7373

Article  64 

(ex  Article  57  TEC) 

1. 

The  provisions  of  Article  63  shall  be  without  prejudice  to  the  application  to  third  countries  of 

any  restrictions  which  exist  on  31  December  1993  under  national  or  Union  law  adopted  in  respect 

of  the  movement  of  capital  to  or  from  third  countries  involving  direct  investment  –  including  in  real 

estate  –  establishment,  the  provision  of  financial  services  or  the  admission  of  securities  to  capital 

markets.  In  respect  of  restrictions  existing  under  national  law  in  Bulgaria,  Estonia  and  Hungary,  the 

relevant  date  shall  be  31  December  1999.  In  respect  of  restrictions  existing  under  national  law  in 

Croatia,  the  relevant  date  shall  be  31  December  2002. 

4. 
In  the  absence  of  measures  pursuant  to  Article  64(3),  the  Commission  or,  in  the  absence  of  a 
Commission  decision  within  three  months  from  the  request  of  the  Member  State  concerned, 
the  Council,  may  adopt  a  decision  stating  that  restrictive  tax  measures  adopted  by  a  Member 
State  concerning  one  or  more  third  countries  are  to  be  considered  compatible  with  the  Treaties 
in  so  far  as  they  are  justified  by  one  of  the  objectives  of  the  Union  and  compatible  with  the  proper 
functioning  of  the  internal  market.  The  Council  shall  act  unanimously  on  application  by  a  Member 
State. 

Article  66 

(ex  Article  59  TEC) 

2.  Whilst  endeavouring 

to  achieve  the  objective  of 

free  movement  of  capital  between 

Member  States  and  third  countries  to  the  greatest  extent  possible  and  without  prejudice  to  the 

other  Chapters  of  the  Treaties,  the  European  Parliament  and  the  Council,  acting  in  accordance  with 

the  ordinary  legislative  procedure,  shall  adopt  the  measures  on  the  movement  of  capital  to  or  from 

third  countries  involving  direct  investment  –  including  investment  in  real  estate  –  establishment,  the 

provision  of  financial  services  or  the  admission  of  securities  to  capital  markets. 

Where,  in  exceptional  circumstances,  movements  of  capital  to  or  from  third  countries  cause,  or 
threaten to cause, serious difficulties for the operation of economic and monetary union, the  Council, 
on  a  proposal  from  the  Commission  and  after  consulting  the  European  Central  Bank,  may  take 
safeguard  measures  with  regard  to  third  countries  for  a  period  not  exceeding  six  months  if  such 
measures  are  strictly  necessary. 

3.  Notwithstanding  paragraph  2,  only  the  Council,  acting  in  accordance  with  a  special  legislative 

procedure,  may  unanimously,  and  after  consulting  the  European  Parliament,  adopt  measures  which 

constitute  a  step  backwards  in  Union  law  as  regards  the  liberalisation  of  the  movement  of  capital  to 

or  from  third  countries. 

Article  65 

(ex  Article  58  TEC) 

1. 

The  provisions  of  Article  63  shall  be  without  prejudice  to  the  right  of  Member  States: 

(a)  to  apply the  relevant provisions  of  their tax law which distinguish between  taxpayers who  are not 

in  the  same  situation  with  regard  to  their  place  of  residence  or  with  regard  to  the  place  where 

their  capital  is  invested; 

(b)  to  take  all  requisite  measures  to  prevent  infringements  of  national  law  and  regulations,  in 

particular  in  the  field  of  taxation  and  the  prudential  supervision  of  financial  institutions,  or  to 

lay  down  procedures  for  the  declaration  of  capital  movements  for  purposes  of  administrative  or 

statistical  information,  or  to  take  measures  which  are  justified  on  grounds  of  public  policy  or 

public  security. 

2. 

The  provisions  of  this  Chapter  shall  be  without  prejudice  to  the  applicability  of  restrictions  on 

the  right  of  establishment  which  are  compatible  with  the  Treaties. 

TITLE  V 

AREA  OF  FREEDOM,  SECURITY  AND  JUSTICE 

CHAPTER  1 

GENERAL  PROVISIONS 

Article  67 

(ex  Article  61  TEC  and  ex  Article  29  TEU) 

The  Union  shall constitute  an  area of  freedom,  security and  justice with respect for  fundamental 

1. 
rights  and  the  different  legal  systems  and  traditions  of  the  Member  States. 

It  shall  ensure  the  absence  of  internal  border  controls  for  persons  and  shall  frame  a  common 
2. 
immigration  and  external  border  control,  based  on  solidarity  between 
policy  on  asylum, 
Member  States,  which  is  fair  towards  third-country  nationals.  For  the  purpose  of  this  Title, 
stateless  persons  shall  be  treated  as  third-country  nationals. 

3. 
The  Union  shall  endeavour  to  ensure  a  high  level  of  security  through  measures  to  prevent  and 
combat  crime,  racism  and  xenophobia,  and  through  measures  for  coordination  and  cooperation 
between  police  and  judicial  authorities  and  other  competent  authorities,  as  well  as  through  the 
mutual  recognition  of  judgments  in  criminal  matters  and,  if  necessary,  through  the  approximation 
of  criminal  laws. 

3. 

The  measures  and  procedures  referred  to  in  paragraphs  1  and  2  shall  not  constitute  a  means  of 

arbitrary  discrimination  or  a  disguised  restriction  on  the  free  movement  of  capital  and  payments  as 

defined  in  Article  63.

The  Union  shall  facilitate  access  to  justice,  in  particular  through  the  principle  of  mutual 

4. 
recognition  of  judicial  and  extrajudicial  decisions  in  civil  matters.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/74 
7474

EN 

Official Journal of the European Union 

7.6.2016

The  European  Council  shall  define  the  strategic  guidelines  for  legislative  and  operational  planning 
within  the  area  of  freedom,  security  and  justice. 

Article  68 

National  Parliaments  ensure  that  the  proposals  and  legislative  initiatives  submitted  under  Chapters  4 
and  5  comply  with  the  principle  of  subsidiarity,  in  accordance  with  the  arrangements  laid  down  by 
the  Protocol  on  the  application  of  the  principles  of  subsidiarity  and  proportionality. 

Article  69 

Article  70 

Without  prejudice  to  Articles  258,  259  and  260,  the  Council  may,  on  a  proposal  from 
the  Commission,  adopt  measures  laying  down  the  arrangements  whereby  Member  States,  in  collab­
oration  with  the  Commission,  conduct  objective  and  impartial  evaluation  of  the  implementation  of 
the  Union  policies  referred  to  in  this  Title  by  Member  States'  authorities,  in  particular  in  order  to 
facilitate  full  application  of  the  principle  of  mutual  recognition.  The  European  Parliament  and 
national  Parliaments  shall  be  informed  of  the  content  and  results  of  the  evaluation. 

Article  71 

(ex  Article  36  TEU) 

internal  security 

A  standing  committee  shall  be  set  up  within  the  Council  in  order  to  ensure  that  operational 
is  promoted  and  strengthened  within  the  Union.  Without 
cooperation  on 
prejudice  to  Article  240, 
it  shall  facilitate  coordination  of  the  action  of  Member  States' 
competent  authorities.  Representatives  of  the  Union  bodies,  offices  and  agencies  concerned  may 
be  involved  in  the  proceedings  of  this  committee.  The  European  Parliament  and  national  Parliaments 
shall  be  kept  informed  of  the  proceedings. 

Article  72 

(ex  Article  64(1)  TEC  and  ex  Article  33  TEU) 

This  Title  shall  not  affect  the  exercise  of  the  responsibilities  incumbent  upon  Member  States  with 
regard  to  the  maintenance  of  law  and  order  and  the  safeguarding  of  internal  security. 

It  shall  be  open  to  Member  States  to  organise  between  themselves  and  under  their  responsibility  such 
forms  of  cooperation  and  coordination  as  they  deem  appropriate  between  the  competent 
departments  of  their  administrations  responsible  for  safeguarding  national  security.

Article  73 

Consolidated TreatiesConsolidated Treaties 
Article  68 

Article  69 

Article  70 

C  202/74 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/75
7575

The  European  Council  shall  define  the  strategic  guidelines  for  legislative  and  operational  planning 

within  the  area  of  freedom,  security  and  justice. 

Article  74 

(ex  Article  66  TEC) 

The  Council  shall  adopt  measures  to  ensure  administrative  cooperation  between  the  relevant 
departments  of  the  Member  States  in  the  areas  covered  by  this  Title,  as  well  as  between  those 
departments  and  the  Commission.  It  shall  act  on  a  Commission  proposal,  subject  to  Article  76, 
and  after  consulting  the  European  Parliament. 

National  Parliaments  ensure  that  the  proposals  and  legislative  initiatives  submitted  under  Chapters  4 

and  5  comply  with  the  principle  of  subsidiarity,  in  accordance  with  the  arrangements  laid  down  by 

the  Protocol  on  the  application  of  the  principles  of  subsidiarity  and  proportionality. 

Article  75 

(ex  Article  60  TEC) 

Without  prejudice  to  Articles  258,  259  and  260,  the  Council  may,  on  a  proposal  from 

the  Commission,  adopt  measures  laying  down  the  arrangements  whereby  Member  States,  in  collab­

oration  with  the  Commission,  conduct  objective  and  impartial  evaluation  of  the  implementation  of 

the  Union  policies  referred  to  in  this  Title  by  Member  States'  authorities,  in  particular  in  order  to 

facilitate  full  application  of  the  principle  of  mutual  recognition.  The  European  Parliament  and 

national  Parliaments  shall  be  informed  of  the  content  and  results  of  the  evaluation. 

Article  71 

(ex  Article  36  TEU) 

A  standing  committee  shall  be  set  up  within  the  Council  in  order  to  ensure  that  operational 

cooperation  on 

internal  security 

is  promoted  and  strengthened  within  the  Union.  Without 

prejudice  to  Article  240, 

it  shall  facilitate  coordination  of  the  action  of  Member  States' 

competent  authorities.  Representatives  of  the  Union  bodies,  offices  and  agencies  concerned  may 

be  involved  in  the  proceedings  of  this  committee.  The  European  Parliament  and  national  Parliaments 

shall  be  kept  informed  of  the  proceedings. 

Article  72 

(ex  Article  64(1)  TEC  and  ex  Article  33  TEU) 

This  Title  shall  not  affect  the  exercise  of  the  responsibilities  incumbent  upon  Member  States  with 

regard  to  the  maintenance  of  law  and  order  and  the  safeguarding  of  internal  security. 

It  shall  be  open  to  Member  States  to  organise  between  themselves  and  under  their  responsibility  such 

forms  of  cooperation  and  coordination  as  they  deem  appropriate  between  the  competent 

departments  of  their  administrations  responsible  for  safeguarding  national  security.

Article  73 

Where necessary to  achieve the  objectives set  out  in  Article  67,  as  regards preventing  and  combating 
terrorism  and  related  activities,  the  European  Parliament  and  the  Council,  acting  by  means  of 
regulations  in  accordance  with  the  ordinary  legislative  procedure,  shall  define  a  framework  for 
administrative  measures  with  regard  to  capital  movements  and  payments,  such  as  the  freezing  of 
funds,  financial  assets  or  economic  gains  belonging  to,  or  owned  or  held  by,  natural  or  legal  persons, 
groups  or  non-State  entities. 

The  Council, on  a  proposal  from  the  Commission,  shall adopt  measures to  implement  the  framework 
referred  to  in  the  first  paragraph. 

The  acts  referred  to  in  this  Article  shall  include  necessary  provisions  on  legal  safeguards. 

The  acts  referred  to  in  Chapters  4  and  5,  together  with  the  measures  referred  to  in  Article  74  which 
ensure  administrative  cooperation  in  the  areas  covered  by  these  Chapters,  shall  be  adopted: 

Article  76 

(a)  on  a  proposal  from  the  Commission,  or 

(b)  on  the  initiative  of  a  quarter  of  the  Member  States. 

POLICIES  ON  BORDER  CHECKS,  ASYLUM  AND  IMMIGRATION 

CHAPTER  2 

1. 

The  Union  shall  develop  a  policy  with  a  view  to: 

Article  77 

(ex  Article  62  TEC) 

(a)  ensuring  the  absence  of  any  controls  on  persons,  whatever  their  nationality,  when  crossing 

internal  borders;

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/76 
7676

EN 

Official Journal of the European Union 

7.6.2016

(b)  carrying  out  checks  on  persons  and  efficient  monitoring  of  the  crossing  of  external  borders; 

(c)  the  gradual  introduction  of  an  integrated  management  system  for  external  borders. 

For  the  purposes  of  paragraph  1,  the  European  Parliament  and  the  Council,  acting  in 

2. 
accordance  with  the  ordinary  legislative  procedure,  shall  adopt  measures  concerning: 

(a)  the  common  policy  on  visas  and  other  short-stay  residence  permits; 

(b)  the  checks  to  which  persons  crossing  external  borders  are  subject; 

(c)  the  conditions  under  which  nationals  of  third  countries  shall  have  the  freedom  to  travel  within 

the  Union  for  a  short  period; 

(d)  any  measure  necessary  for  the  gradual  establishment  of  an  integrated  management  system  for 

external  borders; 

(e)  the  absence  of  any  controls  on  persons,  whatever 

their  nationality,  when  crossing 

internal  borders. 

If  action  by  the  Union  should  prove  necessary  to  facilitate  the  exercise  of  the  right  referred  to 
3. 
in  Article  20(2)(a),  and  if  the  Treaties  have  not  provided  the  necessary  powers,  the  Council,  acting  in 
accordance  with  a  special  legislative  procedure,  may  adopt  provisions  concerning  passports,  identity 
cards,  residence  permits  or  any  other  such  document.  The  Council  shall  act  unanimously  after 
consulting  the  European  Parliament. 

This  Article  shall  not  affect  the  competence  of  the  Member  States  concerning  the  geographical 

4. 
demarcation  of  their  borders,  in  accordance  with  international  law. 

Article  78 

(ex  Articles  63,  points  1  and  2,  and  64(2)  TEC) 

The  Union  shall  develop  a  common  policy  on  asylum,  subsidiary  protection  and  temporary 
1. 
protection  with  a  view  to  offering  appropriate  status  to  any  third-country  national  requiring  inter­
national  protection  and  ensuring  compliance  with  the  principle  of  non-refoulement.  This  policy  must 
be 
the  Protocol 
July  1951  and 
of  31  January  1967  relating  to  the  status  of  refugees,  and  other  relevant  treaties. 

the  Geneva  Convention  of  28 

in  accordance  with 

2. 
For  the  purposes  of  paragraph  1,  the  European  Parliament  and  the  Council,  acting  in 
accordance  with  the  ordinary  legislative  procedure,  shall  adopt  measures  for  a  common  European 
asylum  system  comprising: 

(a)  a  uniform  status  of  asylum  for  nationals  of  third  countries,  valid  throughout  the  Union; 

(b)  a  uniform  status  of  subsidiary  protection  for  nationals  of  third  countries  who,  without  obtaining 

European  asylum,  are  in  need  of  international  protection;

Consolidated TreatiesConsolidated Treaties 
C  202/76 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/77
7777

(b)  carrying  out  checks  on  persons  and  efficient  monitoring  of  the  crossing  of  external  borders; 

(c)  a  common  system  of  temporary  protection 

for  displaced  persons 

in  the  event  of  a 

massive  inflow; 

(c)  the  gradual  introduction  of  an  integrated  management  system  for  external  borders. 

2. 

For  the  purposes  of  paragraph  1,  the  European  Parliament  and  the  Council,  acting  in 

accordance  with  the  ordinary  legislative  procedure,  shall  adopt  measures  concerning: 

(a)  the  common  policy  on  visas  and  other  short-stay  residence  permits; 

(d)  common  procedures  for  the  granting  and  withdrawing  of  uniform  asylum  or  subsidiary 

protection  status; 

(e)  criteria  and  mechanisms  for  determining  which  Member  State  is  responsible  for  considering  an 

application  for  asylum  or  subsidiary  protection; 

(b)  the  checks  to  which  persons  crossing  external  borders  are  subject; 

(f)  standards  concerning  the  conditions  for  the  reception  of  applicants  for  asylum  or  subsidiary 

protection; 

(c)  the  conditions  under  which  nationals  of  third  countries  shall  have  the  freedom  to  travel  within 

the  Union  for  a  short  period; 

(d)  any  measure  necessary  for  the  gradual  establishment  of  an  integrated  management  system  for 

(e)  the  absence  of  any  controls  on  persons,  whatever 

their  nationality,  when  crossing 

external  borders; 

internal  borders. 

3. 

If  action  by  the  Union  should  prove  necessary  to  facilitate  the  exercise  of  the  right  referred  to 

in  Article  20(2)(a),  and  if  the  Treaties  have  not  provided  the  necessary  powers,  the  Council,  acting  in 

accordance  with  a  special  legislative  procedure,  may  adopt  provisions  concerning  passports,  identity 

cards,  residence  permits  or  any  other  such  document.  The  Council  shall  act  unanimously  after 

consulting  the  European  Parliament. 

4. 

This  Article  shall  not  affect  the  competence  of  the  Member  States  concerning  the  geographical 

demarcation  of  their  borders,  in  accordance  with  international  law. 

Article  78 

(ex  Articles  63,  points  1  and  2,  and  64(2)  TEC) 

1. 

The  Union  shall  develop  a  common  policy  on  asylum,  subsidiary  protection  and  temporary 

protection  with  a  view  to  offering  appropriate  status  to  any  third-country  national  requiring  inter­

national  protection  and  ensuring  compliance  with  the  principle  of  non-refoulement.  This  policy  must 

be 

in  accordance  with 

the  Geneva  Convention  of  28 

July  1951  and 

the  Protocol 

of  31  January  1967  relating  to  the  status  of  refugees,  and  other  relevant  treaties. 

2. 

For  the  purposes  of  paragraph  1,  the  European  Parliament  and  the  Council,  acting  in 

accordance  with  the  ordinary  legislative  procedure,  shall  adopt  measures  for  a  common  European 

asylum  system  comprising: 

(a)  a  uniform  status  of  asylum  for  nationals  of  third  countries,  valid  throughout  the  Union; 

(g)  partnership  and  cooperation  with  third  countries  for  the  purpose  of  managing  inflows  of  people 

applying  for  asylum  or  subsidiary  or  temporary  protection. 

3. 
In  the  event  of  one  or  more  Member  States  being  confronted  by  an  emergency  situation 
characterised  by  a  sudden  inflow  of  nationals  of  third  countries,  the  Council,  on  a  proposal  from 
the  Commission,  may  adopt  provisional  measures  for  the  benefit  of  the  Member  State(s)  concerned. 
It  shall  act  after  consulting  the  European  Parliament. 

Article  79 

(ex  Article  63,  points  3  and  4,  TEC) 

1. 
The  Union  shall  develop  a  common  immigration  policy  aimed  at  ensuring,  at  all  stages,  the 
efficient  management  of  migration  flows,  fair  treatment  of  third-country  nationals  residing  legally  in 
Member  States,  and  the  prevention  of,  and  enhanced  measures  to  combat,  illegal  immigration  and 
trafficking  in  human  beings. 

For  the  purposes  of  paragraph  1,  the  European  Parliament  and  the  Council,  acting  in 

2. 
accordance  with  the  ordinary  legislative  procedure,  shall  adopt  measures  in  the  following  areas: 

(a)  the  conditions  of  entry  and  residence,  and  standards  on  the  issue  by  Member  States  of  long-term 

visas  and  residence  permits,  including  those  for  the  purpose  of  family  reunification; 

(b)  the  definition  of  the  rights  of  third-country  nationals  residing  legally in  a  Member  State,  including 
the  conditions  governing  freedom  of  movement  and  of  residence  in  other  Member  States; 

(c)  illegal  immigration  and  unauthorised  residence,  including  removal  and  repatriation  of  persons 

residing  without  authorisation; 

(d)  combating  trafficking  in  persons,  in  particular  women  and  children. 

(b)  a  uniform  status  of  subsidiary  protection  for  nationals  of  third  countries  who,  without  obtaining 

European  asylum,  are  in  need  of  international  protection;

3. 
The  Union  may  conclude  agreements  with  third  countries  for  the  readmission  to  their  countries 
of  origin  or  provenance  of  third-country  nationals  who  do  not  or  who  no  longer  fulfil  the  conditions 
for  entry,  presence  or  residence  in  the  territory  of  one  of  the  Member  States.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/78 
7878

EN 

Official Journal of the European Union 

7.6.2016

4. 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure, may establish measures to  provide incentives and support for the action of Member  States 
with  a  view  to  promoting  the  integration  of  third-country  nationals  residing  legally  in  their  terri­
tories,  excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member  States. 

5. 
This  Article  shall  not  affect  the  right  of  Member  States  to  determine  volumes  of  admission  of 
third-country  nationals  coming  from  third  countries  to  their  territory  in  order  to  seek  work,  whether 
employed  or  self-employed. 

Article  80 

The  policies  of  the  Union  set  out  in  this  Chapter  and  their  implementation  shall  be  governed  by  the 
principle  of  solidarity  and  fair  sharing  of  responsibility,  including  its  financial  implications,  between 
the  Member  States.  Whenever  necessary,  the  Union  acts  adopted  pursuant  to  this  Chapter  shall 
contain  appropriate  measures  to  give  effect  to  this  principle. 

CHAPTER  3 

JUDICIAL  COOPERATION  IN  CIVIL  MATTERS 

Article  81 

(ex  Article  65  TEC) 

1. 
The  Union  shall  develop  judicial  cooperation  in  civil  matters  having  cross-border  implications, 
based  on  the  principle  of  mutual  recognition  of  judgments  and  of  decisions  in  extrajudicial  cases. 
Such  cooperation  may  include  the  adoption  of  measures  for  the  approximation  of  the  laws  and 
regulations  of  the  Member  States. 

For  the  purposes  of  paragraph  1,  the  European  Parliament  and  the  Council,  acting  in 
legislative  procedure,  shall  adopt  measures,  particularly  when 

2. 
accordance  with  the  ordinary 
necessary  for  the  proper  functioning  of  the  internal  market,  aimed  at  ensuring: 

(a)  the  mutual  recognition  and  enforcement  between  Member  States  of  judgments  and  of  decisions 

in  extrajudicial  cases; 

(b)  the  cross-border  service  of  judicial  and  extrajudicial  documents; 

(c)  the  compatibility  of  the  rules  applicable  in  the  Member  States  concerning  conflict  of  laws  and  of 

jurisdiction; 

(d)  cooperation  in  the  taking  of  evidence; 

(e)  effective  access  to  justice; 

(f)  the  elimination  of  obstacles  to  the  proper  functioning  of  civil  proceedings,  if  necessary  by 
promoting  the  compatibility  of  the  rules  on  civil  procedure  applicable  in  the  Member  States;

Consolidated TreatiesConsolidated Treaties 
The  policies  of  the  Union  set  out  in  this  Chapter  and  their  implementation  shall  be  governed  by  the 

principle  of  solidarity  and  fair  sharing  of  responsibility,  including  its  financial  implications,  between 

the  Member  States.  Whenever  necessary,  the  Union  acts  adopted  pursuant  to  this  Chapter  shall 

contain  appropriate  measures  to  give  effect  to  this  principle. 

Article  80 

CHAPTER  3 

Article  81 

(ex  Article  65  TEC) 

C  202/78 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/79
7979

4. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

procedure, may establish measures to  provide incentives and support for the action of Member  States 

with  a  view  to  promoting  the  integration  of  third-country  nationals  residing  legally  in  their  terri­

tories,  excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member  States. 

(g)  the  development  of  alternative  methods  of  dispute  settlement; 

(h)  support  for  the  training  of  the  judiciary  and  judicial  staff. 

5. 

This  Article  shall  not  affect  the  right  of  Member  States  to  determine  volumes  of  admission  of 

third-country  nationals  coming  from  third  countries  to  their  territory  in  order  to  seek  work,  whether 

employed  or  self-employed. 

3.  Notwithstanding  paragraph  2,  measures  concerning  family  law  with  cross-border  implications 
shall  be  established  by  the  Council,  acting  in  accordance  with  a  special  legislative  procedure. 
The  Council  shall  act  unanimously  after  consulting  the  European  Parliament. 

The  Council,  on  a  proposal  from  the  Commission,  may  adopt  a  decision  determining  those  aspects 
of  family  law  with  cross-border  implications  which  may  be  the  subject  of  acts  adopted  by  the 
ordinary 
the 
European  Parliament. 

shall  act  unanimously  after  consulting 

legislative  procedure.  The  Council 

JUDICIAL  COOPERATION  IN  CIVIL  MATTERS 

The  proposal  referred  to  in  the  second  subparagraph  shall  be  notified  to  the  national  Parliaments.  If 
a  national  Parliament  makes  known  its  opposition  within  six  months  of  the  date  of  such  notification, 
the  decision  shall  not  be  adopted.  In  the  absence  of  opposition,  the  Council  may  adopt  the  decision. 

1. 

The  Union  shall  develop  judicial  cooperation  in  civil  matters  having  cross-border  implications, 

based  on  the  principle  of  mutual  recognition  of  judgments  and  of  decisions  in  extrajudicial  cases. 

Such  cooperation  may  include  the  adoption  of  measures  for  the  approximation  of  the  laws  and 

regulations  of  the  Member  States. 

CHAPTER  4 

JUDICIAL  COOPERATION  IN  CRIMINAL  MATTERS 

Article  82 

(ex  Article  31  TEU) 

2. 

For  the  purposes  of  paragraph  1,  the  European  Parliament  and  the  Council,  acting  in 

accordance  with  the  ordinary 

legislative  procedure,  shall  adopt  measures,  particularly  when 

necessary  for  the  proper  functioning  of  the  internal  market,  aimed  at  ensuring: 

1. 
Judicial  cooperation  in  criminal  matters  in  the  Union  shall  be  based  on  the  principle  of  mutual 
recognition  of  judgments  and  judicial  decisions  and  shall  include  the  approximation  of  the  laws  and 
regulations  of  the  Member  States  in  the  areas  referred  to  in  paragraph  2  and  in  Article  83. 

(a)  the  mutual  recognition  and  enforcement  between  Member  States  of  judgments  and  of  decisions 

in  extrajudicial  cases; 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  shall  adopt  measures  to: 

(b)  the  cross-border  service  of  judicial  and  extrajudicial  documents; 

(c)  the  compatibility  of  the  rules  applicable  in  the  Member  States  concerning  conflict  of  laws  and  of 

jurisdiction; 

(a)  lay  down  rules  and  procedures  for  ensuring  recognition  throughout  the  Union  of  all  forms  of 

judgments  and  judicial  decisions; 

(d)  cooperation  in  the  taking  of  evidence; 

(e)  effective  access  to  justice; 

(b)  prevent  and  settle  conflicts  of  jurisdiction  between  Member  States; 

(c)  support  the  training  of  the  judiciary  and  judicial  staff; 

(f)  the  elimination  of  obstacles  to  the  proper  functioning  of  civil  proceedings,  if  necessary  by 

promoting  the  compatibility  of  the  rules  on  civil  procedure  applicable  in  the  Member  States;

(d)  facilitate  cooperation  between  judicial  or  equivalent  authorities  of  the  Member  States  in  relation 

to  proceedings  in  criminal  matters  and  the  enforcement  of  decisions.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/80 
8080

EN 

Official Journal of the European Union 

7.6.2016

2. 
To  the  extent  necessary  to  facilitate  mutual  recognition  of  judgments  and  judicial  decisions  and 
police  and  judicial  cooperation  in  criminal  matters  having  a  cross-border  dimension,  the  European 
Parliament  and  the  Council  may,  by  means  of  directives  adopted  in  accordance  with  the  ordinary 
legislative  procedure,  establish  minimum  rules.  Such  rules  shall  take  into  account  the  differences 
between  the  legal  traditions  and  systems  of  the  Member  States. 

They  shall  concern: 

(a)  mutual  admissibility  of  evidence  between  Member  States; 

(b)  the  rights  of  individuals  in  criminal  procedure; 

(c)  the  rights  of  victims  of  crime; 

(d)  any  other  specific  aspects  of  criminal  procedure  which  the  Council  has  identified  in  advance  by  a 
decision;  for  the  adoption  of  such  a  decision,  the  Council  shall  act  unanimously  after  obtaining 
the  consent  of  the  European  Parliament. 

Adoption  of  the  minimum  rules  referred  to  in  this  paragraph  shall  not  prevent  Member  States  from 
maintaining  or  introducing  a  higher  level  of  protection  for  individuals. 

3.  Where  a  member  of  the  Council  considers  that  a  draft  directive  as  referred  to  in  paragraph  2 
would  affect  fundamental  aspects  of  its  criminal  justice  system,  it  may  request  that  the  draft  directive 
be  referred  to  the  European  Council.  In  that  case,  the  ordinary  legislative  procedure  shall  be 
suspended.  After  discussion,  and  in  case  of  a  consensus,  the  European  Council  shall,  within  four 
months  of  this  suspension,  refer  the  draft  back  to  the  Council,  which  shall  terminate  the  suspension 
of  the  ordinary  legislative  procedure. 

Within  the  same  timeframe,  in  case  of  disagreement,  and  if  at  least  nine  Member  States  wish  to 
establish  enhanced  cooperation  on  the  basis  of  the  draft  directive  concerned,  they  shall  notify  the 
European  Parliament,  the  Council  and  the  Commission  accordingly.  In  such  a  case,  the  authorisation 
to  proceed  with  enhanced  cooperation  referred  to  in  Article  20(2)  of  the  Treaty  on  European  Union 
and  Article  329(1)  of  this  Treaty  shall  be  deemed  to  be  granted  and  the  provisions  on  enhanced 
cooperation  shall  apply. 

Article  83 

(ex  Article  31  TEU) 

1. 
The  European  Parliament  and  the  Council  may,  by  means  of  directives  adopted  in  accordance 
with  the  ordinary  legislative  procedure,  establish  minimum  rules  concerning  the  definition  of 
criminal  offences  and  sanctions  in  the  areas  of  particularly  serious  crime  with  a  cross-border 
dimension  resulting  from  the  nature  or  impact  of  such  offences  or  from  a  special  need  to  combat 
them  on  a  common  basis.

Consolidated TreatiesConsolidated Treaties 
C  202/80 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/81
8181

2. 

To  the  extent  necessary  to  facilitate  mutual  recognition  of  judgments  and  judicial  decisions  and 

police  and  judicial  cooperation  in  criminal  matters  having  a  cross-border  dimension,  the  European 

Parliament  and  the  Council  may,  by  means  of  directives  adopted  in  accordance  with  the  ordinary 

legislative  procedure,  establish  minimum  rules.  Such  rules  shall  take  into  account  the  differences 

between  the  legal  traditions  and  systems  of  the  Member  States. 

They  shall  concern: 

(a)  mutual  admissibility  of  evidence  between  Member  States; 

(b)  the  rights  of  individuals  in  criminal  procedure; 

(c)  the  rights  of  victims  of  crime; 

These  areas  of  crime  are  the  following:  terrorism,  trafficking  in  human  beings  and  sexual  exploitation 
of  women  and  children,  illicit  drug  trafficking,  illicit  arms  trafficking,  money  laundering,  corruption, 
counterfeiting  of  means  of  payment,  computer  crime  and  organised  crime. 

On  the  basis  of  developments  in  crime,  the  Council  may  adopt  a  decision  identifying  other  areas  of 
crime  that  meet  the  criteria  specified  in  this  paragraph.  It  shall  act  unanimously  after  obtaining  the 
consent  of  the  European  Parliament. 

If  the  approximation  of  criminal  laws  and  regulations  of  the  Member  States  proves  essential  to 
2. 
ensure  the  effective  implementation  of  a  Union  policy  in  an  area  which  has  been  subject  to  harmon­
isation  measures,  directives  may  establish  minimum  rules  with  regard  to  the  definition  of  criminal 
offences  and  sanctions  in  the  area  concerned.  Such  directives  shall  be  adopted  by  the  same  ordinary 
or  special  legislative  procedure  as  was  followed  for  the  adoption  of  the  harmonisation  measures  in 
question,  without  prejudice  to  Article  76. 

(d)  any  other  specific  aspects  of  criminal  procedure  which  the  Council  has  identified  in  advance  by  a 

decision;  for  the  adoption  of  such  a  decision,  the  Council  shall  act  unanimously  after  obtaining 

the  consent  of  the  European  Parliament. 

Adoption  of  the  minimum  rules  referred  to  in  this  paragraph  shall  not  prevent  Member  States  from 

maintaining  or  introducing  a  higher  level  of  protection  for  individuals. 

3.  Where  a  member  of  the  Council  considers  that  a  draft  directive  as  referred  to  in  paragraph  1 
or  2  would  affect  fundamental  aspects  of  its  criminal  justice  system,  it  may  request  that  the  draft 
directive  be  referred  to  the  European  Council.  In  that  case,  the  ordinary  legislative  procedure  shall  be 
suspended.  After  discussion,  and  in  case  of  a  consensus,  the  European  Council  shall,  within 
four  months  of  this  suspension,  refer  the  draft  back  to  the  Council,  which  shall  terminate  the 
suspension  of  the  ordinary  legislative  procedure. 

3.  Where  a  member  of  the  Council  considers  that  a  draft  directive  as  referred  to  in  paragraph  2 

would  affect  fundamental  aspects  of  its  criminal  justice  system,  it  may  request  that  the  draft  directive 

be  referred  to  the  European  Council.  In  that  case,  the  ordinary  legislative  procedure  shall  be 

suspended.  After  discussion,  and  in  case  of  a  consensus,  the  European  Council  shall,  within  four 

months  of  this  suspension,  refer  the  draft  back  to  the  Council,  which  shall  terminate  the  suspension 

of  the  ordinary  legislative  procedure. 

Within  the  same  timeframe,  in  case  of  disagreement,  and  if  at  least  nine  Member  States  wish  to 
establish  enhanced  cooperation  on  the  basis  of  the  draft  directive  concerned,  they  shall  notify  the 
European  Parliament,  the  Council  and  the  Commission  accordingly.  In  such  a  case,  the  authorisation 
to  proceed  with  enhanced  cooperation  referred  to  in  Article  20(2)  of  the  Treaty  on  European  Union 
and  Article  329(1)  of  this  Treaty  shall  be  deemed  to  be  granted  and  the  provisions  on  enhanced 
cooperation  shall  apply. 

Within  the  same  timeframe,  in  case  of  disagreement,  and  if  at  least  nine  Member  States  wish  to 

establish  enhanced  cooperation  on  the  basis  of  the  draft  directive  concerned,  they  shall  notify  the 

European  Parliament,  the  Council  and  the  Commission  accordingly.  In  such  a  case,  the  authorisation 

to  proceed  with  enhanced  cooperation  referred  to  in  Article  20(2)  of  the  Treaty  on  European  Union 

and  Article  329(1)  of  this  Treaty  shall  be  deemed  to  be  granted  and  the  provisions  on  enhanced 

cooperation  shall  apply. 

Article  84 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  may  establish  measures  to  promote  and  support  the  action  of  Member  States  in  the 
field  of  crime  prevention,  excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member 
States. 

Article  83 

(ex  Article  31  TEU) 

1. 

The  European  Parliament  and  the  Council  may,  by  means  of  directives  adopted  in  accordance 

with  the  ordinary  legislative  procedure,  establish  minimum  rules  concerning  the  definition  of 

criminal  offences  and  sanctions  in  the  areas  of  particularly  serious  crime  with  a  cross-border 

dimension  resulting  from  the  nature  or  impact  of  such  offences  or  from  a  special  need  to  combat 

them  on  a  common  basis.

Article  85 

(ex  Article  31  TEU) 

1. 
Eurojust's  mission  shall  be  to  support  and  strengthen  coordination  and  cooperation  between 
national  investigating  and  prosecuting  authorities  in  relation  to  serious  crime  affecting  two  or  more 
Member  States  or  requiring  a  prosecution  on  common  bases,  on  the  basis  of  operations  conducted 
and  information  supplied  by  the  Member  States'  authorities  and  by  Europol.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/82 
8282

EN 

Official Journal of the European Union 

7.6.2016

In  this  context,  the  European  Parliament  and  the  Council,  by  means  of  regulations  adopted  in 
accordance  with  the  ordinary  legislative  procedure,  shall  determine  Eurojust's  structure,  operation, 
field  of  action  and  tasks.  These  tasks  may  include: 

(a)  the  initiation  of  criminal  investigations,  as  well  as  proposing  the  initiation  of  prosecutions 
conducted  by  competent  national  authorities,  particularly  those  relating  to  offences  against  the 
financial  interests  of  the  Union; 

(b)  the  coordination  of  investigations  and  prosecutions  referred  to  in  point  (a); 

(c)  the  strengthening  of  judicial  cooperation,  including  by  resolution  of  conflicts  of  jurisdiction  and 

by  close  cooperation  with  the  European  Judicial  Network. 

These  regulations  shall  also  determine  arrangements  for  involving  the  European  Parliament  and 
national  Parliaments  in  the  evaluation  of  Eurojust's  activities. 

In  the  prosecutions  referred  to  in  paragraph  1,  and  without  prejudice  to  Article  86,  formal 

2. 
acts  of  judicial  procedure  shall  be  carried  out  by  the  competent  national  officials. 

Article  86 

1. 
In  order  to  combat  crimes  affecting  the  financial  interests  of  the  Union,  the  Council,  by  means 
of  regulations  adopted  in  accordance  with  a  special  legislative  procedure,  may  establish  a  European 
Public  Prosecutor's  Office  from  Eurojust.  The  Council  shall  act  unanimously  after  obtaining  the 
consent  of  the  European  Parliament. 

In  the  absence  of  unanimity  in  the  Council,  a  group  of  at  least  nine  Member  States  may  request  that 
the  draft  regulation  be  referred  to  the  European  Council.  In  that  case,  the  procedure  in  the  Council 
shall  be  suspended.  After  discussion,  and  in  case  of  a  consensus,  the  European  Council  shall,  within 
four  months  of  this  suspension,  refer  the  draft  back  to  the  Council  for  adoption. 

Within  the  same  timeframe,  in  case  of  disagreement,  and  if  at  least  nine  Member  States  wish  to 
establish  enhanced  cooperation  on  the  basis  of  the  draft  regulation  concerned,  they  shall  notify  the 
European  Parliament,  the  Council  and  the  Commission  accordingly.  In  such  a  case,  the  authorisation 
to  proceed  with  enhanced  cooperation  referred  to  in  Article  20(2)  of  the  Treaty  on  European  Union 
and  Article  329(1)  of  this  Treaty  shall  be  deemed  to  be  granted  and  the  provisions  on  enhanced 
cooperation  shall  apply. 

2. 
The  European  Public  Prosecutor's  Office  shall  be  responsible  for  investigating,  prosecuting  and 
bringing  to  judgment,  where  appropriate  in  liaison  with  Europol,  the  perpetrators  of,  and  accom­
plices in,  offences  against  the  Union's  financial  interests,  as  determined  by  the  regulation  provided  for 
in  paragraph  1.  It  shall  exercise  the  functions  of  prosecutor  in  the  competent  courts  of  the  Member 
States  in  relation  to  such  offences.

Consolidated TreatiesConsolidated Treaties 
C  202/82 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/83
8383

In  this  context,  the  European  Parliament  and  the  Council,  by  means  of  regulations  adopted  in 

accordance  with  the  ordinary  legislative  procedure,  shall  determine  Eurojust's  structure,  operation, 

field  of  action  and  tasks.  These  tasks  may  include: 

(a)  the  initiation  of  criminal  investigations,  as  well  as  proposing  the  initiation  of  prosecutions 

conducted  by  competent  national  authorities,  particularly  those  relating  to  offences  against  the 

financial  interests  of  the  Union; 

(b)  the  coordination  of  investigations  and  prosecutions  referred  to  in  point  (a); 

(c)  the  strengthening  of  judicial  cooperation,  including  by  resolution  of  conflicts  of  jurisdiction  and 

by  close  cooperation  with  the  European  Judicial  Network. 

These  regulations  shall  also  determine  arrangements  for  involving  the  European  Parliament  and 

national  Parliaments  in  the  evaluation  of  Eurojust's  activities. 

2. 

In  the  prosecutions  referred  to  in  paragraph  1,  and  without  prejudice  to  Article  86,  formal 

acts  of  judicial  procedure  shall  be  carried  out  by  the  competent  national  officials. 

Article  86 

1. 

In  order  to  combat  crimes  affecting  the  financial  interests  of  the  Union,  the  Council,  by  means 

of  regulations  adopted  in  accordance  with  a  special  legislative  procedure,  may  establish  a  European 

Public  Prosecutor's  Office  from  Eurojust.  The  Council  shall  act  unanimously  after  obtaining  the 

consent  of  the  European  Parliament. 

In  the  absence  of  unanimity  in  the  Council,  a  group  of  at  least  nine  Member  States  may  request  that 

the  draft  regulation  be  referred  to  the  European  Council.  In  that  case,  the  procedure  in  the  Council 

shall  be  suspended.  After  discussion,  and  in  case  of  a  consensus,  the  European  Council  shall,  within 

four  months  of  this  suspension,  refer  the  draft  back  to  the  Council  for  adoption. 

Within  the  same  timeframe,  in  case  of  disagreement,  and  if  at  least  nine  Member  States  wish  to 

establish  enhanced  cooperation  on  the  basis  of  the  draft  regulation  concerned,  they  shall  notify  the 

European  Parliament,  the  Council  and  the  Commission  accordingly.  In  such  a  case,  the  authorisation 

to  proceed  with  enhanced  cooperation  referred  to  in  Article  20(2)  of  the  Treaty  on  European  Union 

and  Article  329(1)  of  this  Treaty  shall  be  deemed  to  be  granted  and  the  provisions  on  enhanced 

cooperation  shall  apply. 

3. 
The  regulations  referred  to  in  paragraph  1  shall  determine  the  general  rules  applicable  to  the 
European  Public  Prosecutor's  Office,  the  conditions  governing  the  performance  of  its  functions,  the 
rules  of  procedure  applicable  to  its  activities,  as  well  as  those  governing  the  admissibility  of  evidence, 
and  the  rules  applicable  to  the  judicial  review  of  procedural  measures  taken  by  it  in  the  performance 
of  its  functions. 

4. 
The  European  Council  may,  at  the  same  time  or  subsequently,  adopt  a  decision  amending 
paragraph  1  in  order  to  extend  the  powers  of  the  European  Public  Prosecutor's  Office  to  include 
serious  crime  having  a  cross-border  dimension  and  amending  accordingly  paragraph  2  as  regards  the 
perpetrators  of,  and  accomplices  in,  serious  crimes  affecting  more  than  one  Member  State.  The 
European  Council  shall  act  unanimously  after  obtaining  the  consent  of  the  European  Parliament 
and  after  consulting  the  Commission. 

CHAPTER  5 

POLICE  COOPERATION 

Article  87 

(ex  Article  30  TEU) 

1. 
The  Union  shall  establish  police  cooperation  involving  all  the  Member  States'  competent 
authorities,  including  police,  customs  and  other  specialised  law  enforcement  services  in  relation  to 
the  prevention,  detection  and  investigation  of  criminal  offences. 

For  the  purposes  of  paragraph  1,  the  European  Parliament  and  the  Council,  acting  in 

2. 
accordance  with  the  ordinary  legislative  procedure,  may  establish  measures  concerning: 

(a)  the  collection,  storage,  processing,  analysis  and  exchange  of  relevant  information; 

(b)  support  for  the  training  of  staff,  and  cooperation  on  the  exchange  of  staff,  on  equipment  and  on 

research  into  crime-detection; 

(c)  common 

investigative 

techniques 

in 

relation 

to 

the  detection  of 

serious 

forms  of 

organised  crime. 

3. 
The  Council,  acting  in  accordance  with  a  special  legislative  procedure,  may  establish  measures 
concerning  operational  cooperation  between  the  authorities  referred  to  in  this  Article.  The  Council 
shall  act  unanimously  after  consulting  the  European  Parliament. 

2. 

The  European  Public  Prosecutor's  Office  shall  be  responsible  for  investigating,  prosecuting  and 

bringing  to  judgment,  where  appropriate  in  liaison  with  Europol,  the  perpetrators  of,  and  accom­

plices in,  offences  against  the  Union's  financial  interests,  as  determined  by  the  regulation  provided  for 

in  paragraph  1.  It  shall  exercise  the  functions  of  prosecutor  in  the  competent  courts  of  the  Member 

States  in  relation  to  such  offences.

In  case  of  the  absence  of  unanimity  in  the  Council,  a  group  of  at  least  nine  Member  States  may 
request that the draft measures be  referred to  the European Council. In  that case, the procedure in  the 
Council  shall  be  suspended.  After  discussion,  and  in  case  of  a  consensus,  the  European  Council  shall, 
within  four  months  of  this  suspension,  refer  the  draft  back  to  the  Council  for  adoption.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/84 
8484

EN 

Official Journal of the European Union 

7.6.2016

Within  the  same  timeframe,  in  case  of  disagreement,  and  if  at  least  nine  Member  States  wish  to 
establish  enhanced  cooperation  on  the  basis  of  the  draft  measures  concerned,  they  shall  notify  the 
European  Parliament,  the  Council  and  the  Commission  accordingly.  In  such  a  case,  the  authorisation 
to  proceed  with  enhanced  cooperation  referred  to  in  Article  20(2)  of  the  Treaty  on  European  Union 
and  Article  329(1)  of  this  Treaty  shall  be  deemed  to  be  granted  and  the  provisions  on  enhanced 
cooperation  shall  apply. 

The  specific  procedure  provided  for  in  the  second  and  third  subparagraphs  shall  not  apply  to  acts 
which  constitute  a  development  of  the  Schengen  acquis. 

Article  88 

(ex  Article  30  TEU) 

Europol's  mission  shall  be  to  support  and  strengthen  action  by  the  Member  States'  police 
1. 
authorities  and  other  law  enforcement  services  and  their  mutual  cooperation  in  preventing  and 
combating  serious  crime  affecting  two  or  more  Member  States,  terrorism  and  forms  of  crime 
which  affect  a  common  interest  covered  by  a  Union  policy. 

2. 
The  European  Parliament  and  the  Council,  by  means  of  regulations  adopted  in  accordance  with 
the  ordinary  legislative  procedure,  shall  determine  Europol's  structure,  operation,  field  of  action  and 
tasks.  These  tasks  may  include: 

(a)  the  collection,  storage,  processing,  analysis  and  exchange  of  information,  in  particular  that 

forwarded  by  the  authorities  of  the  Member  States  or  third  countries  or  bodies; 

(b)  the  coordination,  organisation  and  implementation  of  investigative  and  operational  action  carried 
out  jointly  with  the  Member  States'  competent  authorities  or  in  the  context  of  joint  investigative 
teams,  where  appropriate  in  liaison  with  Eurojust. 

These  regulations  shall  also  lay  down  the  procedures  for  scrutiny  of  Europol's  activities  by  the 
European  Parliament,  together  with  national  Parliaments. 

3.  Any  operational  action  by  Europol  must  be  carried  out  in  liaison  and  in  agreement  with  the 
authorities  of  the  Member  State  or  States  whose  territory  is  concerned.  The  application  of  coercive 
measures  shall  be  the  exclusive  responsibility  of  the  competent  national  authorities. 

Article  89 

(ex  Article  32  TEU) 

The  Council,  acting  in  accordance  with  a  special  legislative  procedure,  shall  lay  down  the  conditions 
and  limitations  under  which  the  competent  authorities  of  the  Member  States  referred  to  in 
Articles  82  and  87  may  operate  in  the  territory  of  another  Member  State  in  liaison  and  in 
agreement  with  the  authorities  of  that  State.  The  Council  shall  act  unanimously  after  consulting 
the  European  Parliament.

Consolidated TreatiesConsolidated Treaties 
C  202/84 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/85
8585

Within  the  same  timeframe,  in  case  of  disagreement,  and  if  at  least  nine  Member  States  wish  to 

establish  enhanced  cooperation  on  the  basis  of  the  draft  measures  concerned,  they  shall  notify  the 

European  Parliament,  the  Council  and  the  Commission  accordingly.  In  such  a  case,  the  authorisation 

to  proceed  with  enhanced  cooperation  referred  to  in  Article  20(2)  of  the  Treaty  on  European  Union 

and  Article  329(1)  of  this  Treaty  shall  be  deemed  to  be  granted  and  the  provisions  on  enhanced 

cooperation  shall  apply. 

The  specific  procedure  provided  for  in  the  second  and  third  subparagraphs  shall  not  apply  to  acts 

which  constitute  a  development  of  the  Schengen  acquis. 

TITLE  VI 

TRANSPORT 

Article  90 

(ex  Article  70  TEC) 

The  objectives  of  the  Treaties  shall,  in  matters  governed  by  this  Title,  be  pursued  within  the 
framework  of  a  common  transport  policy. 

Article  88 

(ex  Article  30  TEU) 

Article  91 

(ex  Article  71  TEC) 

1. 

Europol's  mission  shall  be  to  support  and  strengthen  action  by  the  Member  States'  police 

authorities  and  other  law  enforcement  services  and  their  mutual  cooperation  in  preventing  and 

combating  serious  crime  affecting  two  or  more  Member  States,  terrorism  and  forms  of  crime 

which  affect  a  common  interest  covered  by  a  Union  policy. 

1. 
For  the  purpose  of  implementing  Article  90,  and  taking  into  account  the  distinctive  features  of 
transport,  the  European  Parliament  and  the  Council  shall,  acting  in  accordance  with  the  ordinary 
legislative  procedure  and  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of 
the  Regions,  lay  down: 

2. 

The  European  Parliament  and  the  Council,  by  means  of  regulations  adopted  in  accordance  with 

the  ordinary  legislative  procedure,  shall  determine  Europol's  structure,  operation,  field  of  action  and 

tasks.  These  tasks  may  include: 

(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; 

(a)  the  collection,  storage,  processing,  analysis  and  exchange  of  information,  in  particular  that 

forwarded  by  the  authorities  of  the  Member  States  or  third  countries  or  bodies; 

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

State; 

(b)  the  coordination,  organisation  and  implementation  of  investigative  and  operational  action  carried 

out  jointly  with  the  Member  States'  competent  authorities  or  in  the  context  of  joint  investigative 

teams,  where  appropriate  in  liaison  with  Eurojust. 

These  regulations  shall  also  lay  down  the  procedures  for  scrutiny  of  Europol's  activities  by  the 

European  Parliament,  together  with  national  Parliaments. 

3.  Any  operational  action  by  Europol  must  be  carried  out  in  liaison  and  in  agreement  with  the 

authorities  of  the  Member  State  or  States  whose  territory  is  concerned.  The  application  of  coercive 

measures  shall  be  the  exclusive  responsibility  of  the  competent  national  authorities. 

(c)  measures  to  improve  transport  safety; 

(d)  any  other  appropriate  provisions. 

2.  When  the  measures  referred  to  in  paragraph  1  are  adopted,  account  shall  be  taken  of  cases 
where  their  application  might  seriously  affect  the  standard  of  living  and  level  of  employment  in 
certain  regions,  and  the  operation  of  transport  facilities. 

Article  89 

(ex  Article  32  TEU) 

Article  92 

(ex  Article  72  TEC) 

The  Council,  acting  in  accordance  with  a  special  legislative  procedure,  shall  lay  down  the  conditions 

and  limitations  under  which  the  competent  authorities  of  the  Member  States  referred  to  in 

Articles  82  and  87  may  operate  in  the  territory  of  another  Member  State  in  liaison  and  in 

agreement  with  the  authorities  of  that  State.  The  Council  shall  act  unanimously  after  consulting 

the  European  Parliament.

Until  the  provisions  referred  to  in  Article  91(1)  have  been  laid  down,  no  Member  State  may,  unless 
the  Council  has  unanimously  adopted  a  measure  granting  a  derogation,  make  the  various  provisions 
governing  the  subject  on  1  January  1958  or,  for  acceding  States,  the  date  of  their  accession  less 
favourable  in  their  direct  or  indirect  effect  on  carriers  of  other  Member  States  as  compared  with 
carriers  who  are  nationals  of  that  State.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/86 
8686

EN 

Official Journal of the European Union 

7.6.2016

Article  93 

(ex  Article  73  TEC) 

Aids  shall  be  compatible  with  the  Treaties  if  they  meet  the  needs  of  coordination  of  transport  or  if 
they  represent  reimbursement  for  the  discharge  of  certain  obligations  inherent  in  the  concept  of  a 
public  service. 

Article  94 

(ex  Article  74  TEC) 

Any  measures taken  within  the  framework  of  the  Treaties  in  respect of  transport  rates  and  conditions 
shall  take  account  of  the  economic  circumstances  of  carriers. 

Article  95 

(ex  Article  75  TEC) 

1. 
In  the  case  of  transport  within  the  Union,  discrimination  which  takes  the  form  of  carriers 
charging different  rates  and  imposing  different  conditions  for  the  carriage of  the  same  goods  over  the 
same  transport  links  on  grounds  of  the  country  of  origin  or  of  destination  of  the  goods  in  question 
shall  be  prohibited. 

Paragraph  1  shall  not  prevent  the  European  Parliament  and  the  Council  from  adopting  other 

2. 
measures  pursuant  to  Article  91(1). 

The  Council  shall,  on  a  proposal 

the 
3. 
European  Parliament  and  the  Economic  and  Social  Committee,  lay  down  rules  for  implementing 
the  provisions  of  paragraph  1. 

the  Commission  and  after  consulting 

from 

The  Council  may  in  particular  lay  down  the  provisions  needed  to  enable  the  institutions  of 
the  Union  to  secure  compliance  with  the  rule  laid  down  in  paragraph  1  and  to  ensure  that 
users  benefit  from  it  to  the  full. 

4. 
The  Commission  shall,  acting  on  its  own  initiative  or  on  application  by  a  Member  State, 
investigate  any  cases  of  discrimination  falling  within  paragraph  1  and,  after  consulting  any 
Member  State  concerned,  shall  take  the  necessary  decisions  within  the  framework  of  the  rules 
laid  down  in  accordance  with  the  provisions  of  paragraph  3. 

Article  96 

(ex  Article  76  TEC) 

1. 
The  imposition  by  a  Member  State,  in  respect  of  transport  operations  carried  out  within 
the  Union,  of  rates  and  conditions  involving  any  element  of  support  or  protection  in  the  interest 
of  one  or  more  particular  undertakings  or  industries  shall  be  prohibited,  unless  authorised  by 
the  Commission.

Consolidated TreatiesConsolidated Treaties 
Article  93 

(ex  Article  73  TEC) 

Article  94 

(ex  Article  74  TEC) 

Article  95 

(ex  Article  75  TEC) 

C  202/86 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/87
8787

Aids  shall  be  compatible  with  the  Treaties  if  they  meet  the  needs  of  coordination  of  transport  or  if 

they  represent  reimbursement  for  the  discharge  of  certain  obligations  inherent  in  the  concept  of  a 

public  service. 

2. 
The  Commission  shall,  acting  on  its  own  initiative  or  on  application  by  a  Member  State, 
examine  the  rates  and  conditions  referred  to  in  paragraph  1,  taking  account  in  particular  of  the 
requirements  of  an  appropriate  regional  economic  policy,  the  needs  of  underdeveloped  areas  and  the 
problems  of  areas  seriously  affected  by  political  circumstances  on  the  one  hand,  and  of  the  effects  of 
such  rates  and  conditions  on  competition  between  the  different  modes  of  transport  on  the  other. 

After  consulting  each  Member  State  concerned,  the  Commission  shall  take  the  necessary  decisions. 

Any  measures taken  within  the  framework  of  the  Treaties  in  respect of  transport  rates  and  conditions 

shall  take  account  of  the  economic  circumstances  of  carriers. 

The  prohibition  provided 

3. 
meet  competition. 

for 

in  paragraph  1  shall  not  apply 

to 

tariffs 

fixed 

to 

1. 

In  the  case  of  transport  within  the  Union,  discrimination  which  takes  the  form  of  carriers 

charging different  rates  and  imposing  different  conditions  for  the  carriage of  the  same  goods  over  the 

same  transport  links  on  grounds  of  the  country  of  origin  or  of  destination  of  the  goods  in  question 

shall  be  prohibited. 

Article  97 

(ex  Article  77  TEC) 

Charges  or  dues  in  respect  of  the  crossing  of  frontiers  which  are  charged  by  a  carrier  in  addition  to 
the  transport  rates  shall  not  exceed  a  reasonable  level  after  taking  the  costs  actually  incurred  thereby 
into  account. 

Member  States  shall  endeavour  to  reduce  these  costs  progressively. 

2. 

Paragraph  1  shall  not  prevent  the  European  Parliament  and  the  Council  from  adopting  other 

measures  pursuant  to  Article  91(1). 

The  Commission  may  make  recommendations  to  Member  States  for  the  application  of  this  Article. 

3. 

The  Council  shall,  on  a  proposal 

from 

the  Commission  and  after  consulting 

the 

European  Parliament  and  the  Economic  and  Social  Committee,  lay  down  rules  for  implementing 

the  provisions  of  paragraph  1. 

Article  98 

(ex  Article  78  TEC) 

The  Council  may  in  particular  lay  down  the  provisions  needed  to  enable  the  institutions  of 

the  Union  to  secure  compliance  with  the  rule  laid  down  in  paragraph  1  and  to  ensure  that 

users  benefit  from  it  to  the  full. 

4. 

The  Commission  shall,  acting  on  its  own  initiative  or  on  application  by  a  Member  State, 

investigate  any  cases  of  discrimination  falling  within  paragraph  1  and,  after  consulting  any 

Member  State  concerned,  shall  take  the  necessary  decisions  within  the  framework  of  the  rules 

laid  down  in  accordance  with  the  provisions  of  paragraph  3. 

Article  96 

(ex  Article  76  TEC) 

The  provisions  of  this  Title  shall  not  form  an  obstacle  to  the  application  of  measures  taken  in  the 
Federal  Republic  of  Germany  to  the  extent  that  such  measures  are  required  in  order  to  compensate 
for  the  economic  disadvantages  caused  by  the  division  of  Germany  to  the  economy  of  certain  areas 
of  the  Federal  Republic  affected  by  that  division.  Five  years  after  the  entry  into  force  of  the  Treaty  of 
Lisbon,  the  Council,  acting  on  a  proposal  from  the  Commission,  may  adopt  a  decision  repealing  this 
Article. 

Article  99 

(ex  Article  79  TEC) 

An  Advisory  Committee  consisting  of  experts  designated  by  the  governments  of  Member  States  shall 
be  attached  to  the  Commission.  The  Commission,  whenever  it  considers  it  desirable, shall  consult  the 
Committee  on  transport  matters. 

1. 

The  imposition  by  a  Member  State,  in  respect  of  transport  operations  carried  out  within 

the  Union,  of  rates  and  conditions  involving  any  element  of  support  or  protection  in  the  interest 

of  one  or  more  particular  undertakings  or  industries  shall  be  prohibited,  unless  authorised  by 

the  Commission.

1. 

The  provisions  of  this  Title  shall  apply  to  transport  by  rail,  road  and  inland  waterway.

Article  100 

(ex  Article  80  TEC) 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/88 
8888

EN 

Official Journal of the European Union 

7.6.2016

2. 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  may  lay  down  appropriate  provisions  for  sea  and  air  transport.  They  shall  act  after 
consulting  the  Economic  and  Social  Committee  and  the  Committee  of  the  Regions. 

COMMON  RULES  ON  COMPETITION,  TAXATION  AND  APPROXIMATION  OF  LAWS 

TITLE  VII 

CHAPTER  1 

RULES  ON  COMPETITION 

SECTION  1 

RULES  APPLYING  TO  UNDERTAKINGS 

Article  101 

(ex  Article  81  TEC) 

The  following  shall  be  prohibited  as  incompatible  with  the  internal  market:  all  agreements 
1. 
between  undertakings,  decisions  by  associations  of  undertakings  and  concerted  practices  which  may 
affect  trade  between  Member  States  and  which  have  as  their  object  or  effect  the  prevention, 
restriction  or  distortion  of  competition  within  the  internal  market,  and  in  particular  those  which: 

(a)  directly  or  indirectly  fix  purchase  or  selling  prices  or  any  other  trading  conditions; 

(b)  limit  or  control  production,  markets,  technical  development,  or  investment; 

(c)  share  markets  or  sources  of  supply; 

(d)  apply  dissimilar  conditions  to  equivalent  transactions  with  other  trading  parties,  thereby  placing 

them  at  a  competitive  disadvantage; 

(e)  make  the  conclusion  of  contracts  subject  to  acceptance  by  the  other  parties  of  supplementary 
obligations  which,  by  their  nature  or  according  to  commercial  usage,  have  no  connection  with 
the  subject  of  such  contracts. 

2.  Any  agreements  or  decisions  prohibited  pursuant  to  this  Article  shall  be  automatically  void. 

3. 

The  provisions  of  paragraph  1  may,  however,  be  declared  inapplicable  in  the  case  of: 

—  any  agreement  or  category  of  agreements  between  undertakings, 

—  any  decision  or  category  of  decisions  by  associations  of  undertakings,

Consolidated TreatiesConsolidated Treaties 
C  202/88 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/89
8989

2. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

procedure,  may  lay  down  appropriate  provisions  for  sea  and  air  transport.  They  shall  act  after 

consulting  the  Economic  and  Social  Committee  and  the  Committee  of  the  Regions. 

COMMON  RULES  ON  COMPETITION,  TAXATION  AND  APPROXIMATION  OF  LAWS 

TITLE  VII 

CHAPTER  1 

RULES  ON  COMPETITION 

SECTION  1 

RULES  APPLYING  TO  UNDERTAKINGS 

Article  101 

(ex  Article  81  TEC) 

1. 

The  following  shall  be  prohibited  as  incompatible  with  the  internal  market:  all  agreements 

between  undertakings,  decisions  by  associations  of  undertakings  and  concerted  practices  which  may 

affect  trade  between  Member  States  and  which  have  as  their  object  or  effect  the  prevention, 

restriction  or  distortion  of  competition  within  the  internal  market,  and  in  particular  those  which: 

—  any  concerted  practice  or  category  of  concerted  practices, 

which  contributes  to  improving  the  production  or  distribution  of  goods  or  to  promoting  technical or 
economic  progress,  while  allowing  consumers  a  fair  share  of  the  resulting  benefit,  and  which 
does  not: 

(a)  impose  on  the  undertakings  concerned  restrictions  which  are  not  indispensable  to  the  attainment 

of  these  objectives; 

(b)  afford  such undertakings  the  possibility of  eliminating  competition  in  respect  of  a  substantial  part 

of  the  products  in  question. 

Article  102 

(ex  Article  82  TEC) 

Any  abuse  by  one  or  more  undertakings  of  a  dominant  position  within  the  internal  market  or  in  a 
substantial  part  of  it  shall  be  prohibited  as  incompatible  with  the  internal  market  in  so  far  as  it  may 
affect  trade  between  Member  States. 

Such  abuse  may,  in  particular,  consist  in: 

(a)  directly  or  indirectly  fix  purchase  or  selling  prices  or  any  other  trading  conditions; 

(a)  directly  or 

indirectly 

imposing  unfair  purchase  or 

selling  prices  or  other  unfair 

trading  conditions; 

(b)  limit  or  control  production,  markets,  technical  development,  or  investment; 

(b)  limiting  production,  markets  or  technical  development  to  the  prejudice  of  consumers; 

(c)  share  markets  or  sources  of  supply; 

(d)  apply  dissimilar  conditions  to  equivalent  transactions  with  other  trading  parties,  thereby  placing 

them  at  a  competitive  disadvantage; 

(e)  make  the  conclusion  of  contracts  subject  to  acceptance  by  the  other  parties  of  supplementary 

obligations  which,  by  their  nature  or  according  to  commercial  usage,  have  no  connection  with 

the  subject  of  such  contracts. 

2.  Any  agreements  or  decisions  prohibited  pursuant  to  this  Article  shall  be  automatically  void. 

3. 

The  provisions  of  paragraph  1  may,  however,  be  declared  inapplicable  in  the  case  of: 

—  any  agreement  or  category  of  agreements  between  undertakings, 

(c)  applying  dissimilar  conditions  to  equivalent  transactions  with  other  trading  parties,  thereby 

placing  them  at  a  competitive  disadvantage; 

(d)  making  the  conclusion  of  contracts  subject  to  acceptance  by  the  other  parties  of  supplementary 
obligations  which,  by  their  nature  or  according  to  commercial  usage,  have  no  connection  with 
the  subject  of  such  contracts. 

Article  103 

(ex  Article  83  TEC) 

1. 
The  appropriate  regulations  or  directives  to  give  effect  to  the  principles  set  out  in  Articles  101 
and  102  shall  be  laid  down  by  the  Council,  on  a  proposal  from  the  Commission  and  after  consulting 
the  European  Parliament. 

2. 

The  regulations  or  directives  referred  to  in  paragraph  1  shall  be  designed  in  particular: 

—  any  decision  or  category  of  decisions  by  associations  of  undertakings,

making  provision  for  fines  and  periodic  penalty  payments;

(a)  to  ensure  compliance  with  the  prohibitions  laid  down  in  Article  101(1)  and  in  Article  102  by 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/90 
9090

EN 

Official Journal of the European Union 

7.6.2016

(b)  to  lay  down  detailed  rules  for  the  application  of  Article  101(3),  taking  into  account  the  need  to 
ensure  effective  supervision  on  the  one  hand,  and  to  simplify  administration  to  the  greatest 
possible  extent  on  the  other; 

(c)  to  define,  if  need  be,  in  the  various  branches  of  the  economy,  the  scope  of  the  provisions  of 

Articles  101  and  102; 

(d)  to  define  the  respective  functions  of  the  Commission  and  of  the  Court  of  Justice  of  the  European 

Union  in  applying  the  provisions  laid  down  in  this  paragraph; 

(e)  to  determine  the  relationship  between  national  laws  and  the  provisions  contained  in  this  Section 

or  adopted  pursuant  to  this  Article. 

Article  104 

(ex  Article  84  TEC) 

Until  the  entry  into  force  of  the  provisions  adopted  in  pursuance  of  Article  103,  the  authorities  in 
Member  States  shall  rule on  the  admissibility of  agreements,  decisions  and  concerted  practices and  on 
abuse  of  a  dominant  position  in  the  internal  market  in  accordance  with  the  law  of  their  country  and 
with  the  provisions  of  Article  101,  in  particular  paragraph  3,  and  of  Article  102. 

Article  105 

(ex  Article  85  TEC) 

1.  Without  prejudice  to  Article  104,  the  Commission  shall  ensure  the  application  of  the  prin­
ciples laid  down  in  Articles  101  and  102.  On  application  by  a Member State  or  on  its  own  initiative, 
and  in  cooperation  with  the  competent  authorities  in  the  Member  States,  which  shall  give  it  their 
assistance,  the  Commission  shall  investigate  cases  of  suspected  infringement  of  these  principles.  If  it 
finds that there has been  an  infringement,  it shall propose appropriate measures to  bring  it  to  an  end. 

2. 
If  the  infringement  is  not  brought  to  an  end,  the  Commission  shall  record  such  infringement  of 
the  principles  in  a  reasoned  decision.  The  Commission  may  publish  its  decision  and  authorise 
Member  States  to  take  the  measures,  the  conditions  and  details  of  which  it  shall  determine, 
needed  to  remedy  the  situation. 

The  Commission  may  adopt  regulations  relating  to  the  categories  of  agreement  in  respect  of 

3. 
which  the  Council  has  adopted  a  regulation  or  a  directive  pursuant  to  Article  103(2)(b). 

Article  106 

(ex  Article  86  TEC) 

1. 
In  the  case  of  public  undertakings  and  undertakings  to  which  Member  States  grant  special  or 
exclusive  rights,  Member  States  shall  neither  enact  nor  maintain  in  force  any  measure  contrary  to  the 
rules  contained  in  the  Treaties,  in  particular  to  those  rules  provided  for  in  Article  18  and 
Articles  101  to  109.

Consolidated TreatiesConsolidated Treaties 
C  202/90 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/91
9191

(b)  to  lay  down  detailed  rules  for  the  application  of  Article  101(3),  taking  into  account  the  need  to 

ensure  effective  supervision  on  the  one  hand,  and  to  simplify  administration  to  the  greatest 

possible  extent  on  the  other; 

(c)  to  define,  if  need  be,  in  the  various  branches  of  the  economy,  the  scope  of  the  provisions  of 

Articles  101  and  102; 

(d)  to  define  the  respective  functions  of  the  Commission  and  of  the  Court  of  Justice  of  the  European 

Union  in  applying  the  provisions  laid  down  in  this  paragraph; 

(e)  to  determine  the  relationship  between  national  laws  and  the  provisions  contained  in  this  Section 

or  adopted  pursuant  to  this  Article. 

Article  104 

(ex  Article  84  TEC) 

Article  105 

(ex  Article  85  TEC) 

Until  the  entry  into  force  of  the  provisions  adopted  in  pursuance  of  Article  103,  the  authorities  in 

Member  States  shall  rule on  the  admissibility of  agreements,  decisions  and  concerted  practices and  on 

abuse  of  a  dominant  position  in  the  internal  market  in  accordance  with  the  law  of  their  country  and 

with  the  provisions  of  Article  101,  in  particular  paragraph  3,  and  of  Article  102. 

1.  Without  prejudice  to  Article  104,  the  Commission  shall  ensure  the  application  of  the  prin­

ciples laid  down  in  Articles  101  and  102.  On  application  by  a Member State  or  on  its  own  initiative, 

and  in  cooperation  with  the  competent  authorities  in  the  Member  States,  which  shall  give  it  their 

assistance,  the  Commission  shall  investigate  cases  of  suspected  infringement  of  these  principles.  If  it 

finds that there  has been  an  infringement, it shall propose appropriate measures to  bring  it  to  an  end. 

2. 
Undertakings  entrusted  with  the  operation  of  services  of  general  economic  interest  or  having 
the  character  of  a  revenue-producing  monopoly  shall be  subject  to  the  rules contained  in  the  Treaties, 
in  particular  to  the  rules  on  competition,  in  so  far  as  the  application  of  such  rules  does  not  obstruct 
the  performance,  in  law  or  in  fact,  of  the  particular  tasks  assigned  to  them.  The  development  of  trade 
must  not  be  affected  to  such  an  extent  as  would  be  contrary  to  the  interests  of  the  Union. 

The  Commission  shall  ensure  the  application  of  the  provisions  of  this  Article  and  shall,  where 

3. 
necessary,  address  appropriate  directives  or  decisions  to  Member  States. 

SECTION  2 

AIDS  GRANTED  BY  STATES 

Article  107 

(ex  Article  87  TEC) 

1. 
Save  as  otherwise  provided  in  the  Treaties,  any  aid  granted  by  a  Member  State  or  through  State 
resources  in  any  form  whatsoever  which  distorts  or  threatens  to  distort  competition  by  favouring 
certain  undertakings  or  the  production  of  certain  goods  shall,  in  so  far  as  it  affects  trade  between 
Member  States,  be  incompatible  with  the  internal  market. 

2. 

The  following  shall  be  compatible  with  the  internal  market: 

(a)  aid  having  a  social  character,  granted  to  individual  consumers,  provided  that  such  aid  is  granted 

without  discrimination  related  to  the  origin  of  the  products  concerned; 

(b)  aid  to  make  good  the  damage  caused  by  natural  disasters  or  exceptional  occurrences; 

2. 

If  the  infringement  is  not  brought  to  an  end,  the  Commission  shall  record  such  infringement  of 

the  principles  in  a  reasoned  decision.  The  Commission  may  publish  its  decision  and  authorise 

Member  States  to  take  the  measures,  the  conditions  and  details  of  which  it  shall  determine, 

needed  to  remedy  the  situation. 

(c)  aid  granted  to  the  economy  of  certain  areas  of  the  Federal  Republic  of  Germany  affected  by  the 
division  of  Germany,  in  so  far  as  such  aid  is  required  in  order  to  compensate  for  the  economic 
disadvantages  caused  by  that  division.  Five  years after  the  entry  into  force  of  the  Treaty  of  Lisbon, 
the  Council,  acting  on  a  proposal  from  the  Commission,  may  adopt  a  decision  repealing  this 
point. 

3. 

The  Commission  may  adopt  regulations  relating  to  the  categories  of  agreement  in  respect  of 

which  the  Council  has  adopted  a  regulation  or  a  directive  pursuant  to  Article  103(2)(b). 

3. 

The  following  may  be  considered  to  be  compatible  with  the  internal  market: 

Article  106 

(ex  Article  86  TEC) 

(a)  aid  to  promote  the  economic  development  of  areas  where  the  standard  of  living  is  abnormally 
low  or  where  there  is  serious  underemployment,  and  of  the  regions  referred  to  in  Article  349,  in 
view  of  their  structural,  economic  and  social  situation; 

1. 

In  the  case  of  public  undertakings  and  undertakings  to  which  Member  States  grant  special  or 

exclusive  rights,  Member  States  shall  neither  enact  nor  maintain  in  force  any  measure  contrary  to  the 

rules  contained  in  the  Treaties,  in  particular  to  those  rules  provided  for  in  Article  18  and 

Articles  101  to  109.

(b)  aid  to  promote  the  execution  of  an  important  project  of  common  European  interest  or  to 

remedy  a  serious  disturbance  in  the  economy  of  a  Member  State;

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/92 
9292

EN 

Official Journal of the European Union 

7.6.2016

(c)  aid  to  facilitate  the  development  of  certain  economic  activities  or  of  certain  economic  areas, 
where  such  aid  does  not  adversely affect  trading  conditions  to  an  extent  contrary  to  the  common 
interest; 

(d)  aid  to  promote  culture  and  heritage  conservation  where  such  aid  does  not  affect  trading 
conditions  and  competition  in  the  Union  to  an  extent  that  is  contrary  to  the  common  interest; 

(e)  such  other  categories  of  aid  as  may  be  specified  by  decision  of  the  Council  on  a  proposal  from 

the  Commission. 

Article  108 

(ex  Article  88  TEC) 

1. 
The  Commission  shall,  in  cooperation  with  Member  States,  keep  under  constant  review  all 
systems  of  aid  existing  in  those  States.  It  shall  propose  to  the  latter  any  appropriate  measures 
required  by  the  progressive  development  or  by  the  functioning  of  the  internal  market. 

2. 
If,  after  giving  notice  to  the  parties concerned  to  submit  their  comments,  the  Commission  finds 
that  aid  granted  by  a  State  or  through  State  resources  is  not  compatible  with  the  internal  market 
having  regard  to  Article  107,  or  that  such  aid  is  being  misused,  it  shall  decide  that  the  State 
concerned  shall  abolish  or  alter  such  aid  within  a  period  of  time  to  be  determined  by 
the  Commission. 

the  State  concerned  does  not  comply  with 

If 
the  Commission  or  any  other 
Articles  258  and  259,  refer  the  matter  to  the  Court  of  Justice  of  the  European  Union  direct. 

time, 
interested  State  may,  in  derogation  from  the  provisions  of 

this  decision  within 

the  prescribed 

On  application  by  a  Member  State,  the  Council  may,  acting  unanimously,  decide  that  aid  which  that 
State  is  granting  or  intends  to  grant  shall  be  considered  to  be  compatible  with  the  internal  market,  in 
derogation  from  the  provisions  of  Article  107  or  from  the  regulations  provided  for  in  Article  109, 
if  such  a  decision  is  justified  by  exceptional  circumstances.  If,  as  regards  the  aid  in  question, 
the  Commission  has  already  initiated  the  procedure  provided  for  in  the  first  subparagraph  of  this 
paragraph,  the  fact  that  the  State  concerned  has  made  its  application  to  the  Council  shall  have  the 
effect  of  suspending  that  procedure  until  the  Council  has  made  its  attitude  known. 

If,  however,  the  Council  has  not  made  its  attitude  known  within  three  months  of  the  said  application 
being  made,  the  Commission  shall  give  its  decision  on  the  case. 

3. 
The  Commission  shall  be  informed,  in  sufficient  time  to  enable  it  to  submit  its  comments,  of 
any  plans  to  grant  or  alter  aid.  If  it  considers  that  any  such  plan  is  not  compatible  with  the  internal 
market  having  regard  to  Article  107,  it  shall  without  delay  initiate  the  procedure  provided  for  in 
paragraph  2.  The  Member  State  concerned  shall  not  put  its  proposed  measures  into  effect  until  this 
procedure  has  resulted  in  a  final  decision.

Consolidated TreatiesConsolidated Treaties 
C  202/92 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/93
9393

(c)  aid  to  facilitate  the  development  of  certain  economic  activities  or  of  certain  economic  areas, 

where  such  aid  does  not  adversely affect  trading  conditions  to  an  extent  contrary  to  the  common 

interest; 

4. 
The  Commission  may  adopt  regulations  relating  to  the  categories  of  State  aid  that  the  Council 
has,  pursuant  to  Article  109,  determined  may  be  exempted  from  the  procedure  provided  for  by 
paragraph  3  of  this  Article. 

Article  109 

(ex  Article  89  TEC) 

The  Council,  on  a  proposal  from  the  Commission  and  after  consulting  the  European  Parliament,  may 
make  any  appropriate  regulations  for  the  application  of  Articles  107  and  108  and  may  in  particular 
determine  the  conditions  in  which  Article  108(3)  shall  apply  and  the  categories  of  aid  exempted 
from  this  procedure. 

CHAPTER  2 

TAX  PROVISIONS 

Article  110 

(ex  Article  90  TEC) 

No  Member  State  shall  impose,  directly  or  indirectly,  on  the  products  of  other  Member  States  any 
internal  taxation  of  any  kind 
indirectly  on  similar 
domestic  products. 

imposed  directly  or 

in  excess  of  that 

Furthermore,  no  Member  State  shall  impose  on  the  products  of  other  Member  States  any  internal 
taxation  of  such  a  nature  as  to  afford  indirect  protection  to  other  products. 

Article  111 

(ex  Article  91  TEC) 

Where  products  are  exported  to  the  territory  of  any  Member  State,  any  repayment  of  internal 
taxation  shall  not  exceed  the  internal  taxation  imposed  on  them  whether  directly  or  indirectly. 

Article  112 

(ex  Article  92  TEC) 

3. 

The  Commission  shall  be  informed,  in  sufficient  time  to  enable  it  to  submit  its  comments,  of 

any  plans  to  grant  or  alter  aid.  If  it  considers  that  any  such  plan  is  not  compatible  with  the  internal 

market  having  regard  to  Article  107,  it  shall  without  delay  initiate  the  procedure  provided  for  in 

paragraph  2.  The  Member  State  concerned  shall  not  put  its  proposed  measures  into  effect  until  this 

procedure  has  resulted  in  a  final  decision.

In  the  case  of  charges  other  than  turnover  taxes,  excise  duties  and  other  forms  of  indirect  taxation, 
remissions  and  repayments  in  respect  of  exports  to  other  Member  States  may  not  be  granted  and 
countervailing  charges  in  respect  of  imports  from  Member  States  may  not  be  imposed  unless  the 
measures  contemplated  have  been  previously  approved  for  a  limited  period  by  the  Council  on  a 
proposal  from  the  Commission.

(d)  aid  to  promote  culture  and  heritage  conservation  where  such  aid  does  not  affect  trading 

conditions  and  competition  in  the  Union  to  an  extent  that  is  contrary  to  the  common  interest; 

(e)  such  other  categories  of  aid  as  may  be  specified  by  decision  of  the  Council  on  a  proposal  from 

the  Commission. 

Article  108 

(ex  Article  88  TEC) 

1. 

The  Commission  shall,  in  cooperation  with  Member  States,  keep  under  constant  review  all 

systems  of  aid  existing  in  those  States.  It  shall  propose  to  the  latter  any  appropriate  measures 

required  by  the  progressive  development  or  by  the  functioning  of  the  internal  market. 

2. 

If,  after  giving  notice  to  the  parties concerned  to  submit  their  comments,  the  Commission  finds 

that  aid  granted  by  a  State  or  through  State  resources  is  not  compatible  with  the  internal  market 

having  regard  to  Article  107,  or  that  such  aid  is  being  misused,  it  shall  decide  that  the  State 

concerned  shall  abolish  or  alter  such  aid  within  a  period  of  time  to  be  determined  by 

the  Commission. 

If 

the  State  concerned  does  not  comply  with 

this  decision  within 

the  prescribed 

time, 

the  Commission  or  any  other 

interested  State  may,  in  derogation  from  the  provisions  of 

Articles  258  and  259,  refer  the  matter  to  the  Court  of  Justice  of  the  European  Union  direct. 

On  application  by  a  Member  State,  the  Council  may,  acting  unanimously,  decide  that  aid  which  that 

State  is  granting  or  intends  to  grant  shall  be  considered  to  be  compatible  with  the  internal  market,  in 

derogation  from  the  provisions  of  Article  107  or  from  the  regulations  provided  for  in  Article  109, 

if  such  a  decision  is  justified  by  exceptional  circumstances.  If,  as  regards  the  aid  in  question, 

the  Commission  has  already  initiated  the  procedure  provided  for  in  the  first  subparagraph  of  this 

paragraph,  the  fact  that  the  State  concerned  has  made  its  application  to  the  Council  shall  have  the 

effect  of  suspending  that  procedure  until  the  Council  has  made  its  attitude  known. 

If,  however,  the  Council  has  not  made  its  attitude  known  within  three  months  of  the  said  application 

being  made,  the  Commission  shall  give  its  decision  on  the  case. 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/94 
9494

EN 

Official Journal of the European Union 

7.6.2016

Article  113 

(ex  Article  93  TEC) 

The  Council  shall,  acting  unanimously  in  accordance  with  a  special  legislative  procedure  and  after 
consulting  the  European  Parliament  and  the  Economic  and  Social  Committee,  adopt  provisions  for 
the  harmonisation  of  legislation  concerning  turnover  taxes,  excise  duties  and  other  forms  of  indirect 
taxation  to  the  extent  that  such  harmonisation  is  necessary  to  ensure  the  establishment  and  the 
functioning  of  the  internal  market  and  to  avoid  distortion  of  competition. 

CHAPTER  3 

APPROXIMATION  OF  LAWS 

Article  114 

(ex  Article  95  TEC) 

1. 
Save  where  otherwise  provided  in  the  Treaties,  the  following  provisions  shall  apply  for  the 
achievement  of  the  objectives  set  out  in  Article  26.  The  European  Parliament  and  the  Council  shall, 
acting  in  accordance  with  the  ordinary  legislative  procedure  and  after  consulting  the  Economic  and 
Social  Committee,  adopt  the  measures  for  the  approximation  of  the  provisions  laid  down  by  law, 
regulation  or  administrative  action  in  Member  States  which  have  as  their  object  the  establishment 
and  functioning  of  the  internal  market. 

Paragraph  1  shall  not  apply  to  fiscal  provisions,  to  those  relating  to  the  free  movement  of 

2. 
persons  nor  to  those  relating  to  the  rights  and  interests  of  employed  persons. 

3. 
The  Commission,  in  its  proposals  envisaged  in  paragraph  1  concerning  health,  safety,  envi­
ronmental  protection  and  consumer  protection,  will  take  as  a  base  a  high  level  of  protection,  taking 
account  in  particular  of  any  new  development  based  on  scientific  facts.  Within  their  respective 
powers,  the  European  Parliament  and  the  Council  will  also  seek  to  achieve  this  objective. 

4. 
If,  after  the  adoption  of  a  harmonisation  measure  by  the  European  Parliament  and  the  Council, 
by  the  Council  or  by  the  Commission,  a  Member  State  deems  it  necessary  to  maintain  national 
provisions  on  grounds  of  major  needs  referred  to  in  Article  36,  or  relating  to  the  protection  of  the 
environment  or  the  working  environment,  it  shall  notify  the  Commission  of  these  provisions  as  well 
as  the  grounds  for  maintaining  them. 

5.  Moreover,  without  prejudice  to  paragraph  4,  if,  after  the  adoption  of  a  harmonisation  measure 
by  the  European  Parliament  and  the  Council,  by  the  Council  or  by  the  Commission,  a  Member  State 
deems  it  necessary  to  introduce  national  provisions  based  on  new  scientific  evidence  relating  to  the 
protection  of  the  environment  or  the  working  environment  on  grounds  of  a  problem  specific  to  that 
it  shall  notify 
Member  State  arising  after 
the  Commission  of  the  envisaged  provisions  as  well  as  the  grounds  for  introducing  them.

the  harmonisation  measure, 

the  adoption  of 

Consolidated TreatiesConsolidated Treaties 
C  202/94 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/95
9595

Article  113 

(ex  Article  93  TEC) 

The  Council  shall,  acting  unanimously  in  accordance  with  a  special  legislative  procedure  and  after 

consulting  the  European  Parliament  and  the  Economic  and  Social  Committee,  adopt  provisions  for 

the  harmonisation  of  legislation  concerning  turnover  taxes,  excise  duties  and  other  forms  of  indirect 

taxation  to  the  extent  that  such  harmonisation  is  necessary  to  ensure  the  establishment  and  the 

functioning  of  the  internal  market  and  to  avoid  distortion  of  competition. 

CHAPTER  3 

APPROXIMATION  OF  LAWS 

Article  114 

(ex  Article  95  TEC) 

1. 

Save  where  otherwise  provided  in  the  Treaties,  the  following  provisions  shall  apply  for  the 

achievement  of  the  objectives  set  out  in  Article  26.  The  European  Parliament  and  the  Council  shall, 

acting  in  accordance  with  the  ordinary  legislative  procedure  and  after  consulting  the  Economic  and 

Social  Committee,  adopt  the  measures  for  the  approximation  of  the  provisions  laid  down  by  law, 

regulation  or  administrative  action  in  Member  States  which  have  as  their  object  the  establishment 

and  functioning  of  the  internal  market. 

2. 

Paragraph  1  shall  not  apply  to  fiscal  provisions,  to  those  relating  to  the  free  movement  of 

persons  nor  to  those  relating  to  the  rights  and  interests  of  employed  persons. 

3. 

The  Commission,  in  its  proposals  envisaged  in  paragraph  1  concerning  health,  safety,  envi­

ronmental  protection  and  consumer  protection,  will  take  as  a  base  a  high  level  of  protection,  taking 

account  in  particular  of  any  new  development  based  on  scientific  facts.  Within  their  respective 

powers,  the  European  Parliament  and  the  Council  will  also  seek  to  achieve  this  objective. 

6. 
The  Commission  shall,  within  six  months  of  the  notifications  as  referred  to  in  paragraphs  4 
and  5,  approve  or  reject  the  national  provisions  involved  after  having  verified  whether  or  not  they 
are  a  means  of  arbitrary  discrimination  or  a  disguised  restriction  on  trade  between  Member  States 
and  whether  or  not  they  shall  constitute  an  obstacle  to  the  functioning  of  the  internal  market. 

In  the  absence  of  a  decision  by  the  Commission  within  this  period  the  national  provisions  referred  to 
in  paragraphs  4  and  5  shall  be  deemed  to  have  been  approved. 

When  justified  by  the  complexity  of  the  matter  and  in  the  absence  of  danger  for  human  health, 
the  Commission  may  notify  the  Member  State  concerned  that  the  period  referred  to  in  this 
paragraph  may  be  extended  for  a  further  period  of  up  to  six  months. 

7.  When,  pursuant  to  paragraph  6,  a  Member  State  is  authorised  to  maintain  or  introduce 
national  provisions  derogating  from  a  harmonisation  measure,  the  Commission  shall  immediately 
examine  whether  to  propose  an  adaptation  to  that  measure. 

8.  When  a  Member  State  raises  a  specific  problem  on  public  health  in  a  field  which  has  been  the 
subject  of  prior  harmonisation  measures,  it  shall  bring  it  to  the  attention  of  the  Commission  which 
shall  immediately  examine  whether  to  propose  appropriate  measures  to  the  Council. 

By  way  of  derogation  from  the  procedure  laid  down  in  Articles  258  and  259,  the  Commission 
9. 
and  any  Member  State  may  bring  the  matter  directly  before  the  Court  of  Justice  of  the 
European  Union  if  it  considers  that  another  Member  State  is  making  improper  use  of  the  powers 
provided  for  in  this  Article. 

10. 
The  harmonisation  measures  referred  to  above  shall,  in  appropriate  cases,  include  a  safeguard 
clause  authorising  the  Member  States  to  take,  for  one  or  more  of  the  non-economic  reasons  referred 
to  in  Article  36,  provisional  measures  subject  to  a  Union  control  procedure. 

Article  115 

(ex  Article  94  TEC) 

4. 

If,  after  the  adoption  of  a  harmonisation  measure  by  the  European  Parliament  and  the  Council, 

by  the  Council  or  by  the  Commission,  a  Member  State  deems  it  necessary  to  maintain  national 

provisions  on  grounds  of  major  needs  referred  to  in  Article  36,  or  relating  to  the  protection  of  the 

environment  or  the  working  environment,  it  shall  notify  the  Commission  of  these  provisions  as  well 

as  the  grounds  for  maintaining  them. 

Without  prejudice  to  Article  114,  the  Council  shall,  acting  unanimously  in  accordance  with  a  special 
legislative  procedure  and  after  consulting  the  European  Parliament  and  the  Economic  and  Social 
Committee,  issue  directives  for  the  approximation  of  such  laws,  regulations  or  administrative 
provisions  of  the  Member  States  as  directly  affect  the  establishment  or  functioning  of  the 
internal  market. 

5.  Moreover,  without  prejudice  to  paragraph  4,  if,  after  the  adoption  of  a  harmonisation  measure 

by  the  European  Parliament  and  the  Council,  by  the  Council  or  by  the  Commission,  a  Member  State 

deems  it  necessary  to  introduce  national  provisions  based  on  new  scientific  evidence  relating  to  the 

protection  of  the  environment  or  the  working  environment  on  grounds  of  a  problem  specific  to  that 

Member  State  arising  after 

the  adoption  of 

the  harmonisation  measure, 

it  shall  notify 

the  Commission  of  the  envisaged  provisions  as  well  as  the  grounds  for  introducing  them.

Article  116 

(ex  Article  96  TEC) 

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  internal 
market  and  that  the  resultant  distortion  needs  to  be  eliminated,  it  shall  consult  the  Member  States 
concerned.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/96 
9696

EN 

Official Journal of the European Union 

7.6.2016

If  such  consultation  does  not  result  in  an  agreement  eliminating  the  distortion  in  question,  the 
European,  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative  procedure, 
shall  issue  the  necessary  directives.  Any  other  appropriate  measures  provided  for  in  the  Treaties  may 
be  adopted. 

Article  117 

(ex  Article  97  TEC) 

1.  Where  there  is  a  reason  to  fear  that  the  adoption  or  amendment  of  a  provision  laid  down  by 
law,  regulation  or  administrative  action  may  cause  distortion  within  the  meaning  of  Article  116,  a 
Member  State  desiring  to  proceed  therewith  shall  consult  the  Commission.  After  consulting  the 
Member  States,  the  Commission  shall  recommend  to  the  States  concerned  such  measures  as  may 
be  appropriate  to  avoid  the  distortion  in  question. 

2. 
If  a  State  desiring  to  introduce  or  amend  its  own  provisions  does  not  comply  with  the 
recommendation  addressed  to  it  by  the  Commission,  other  Member  States  shall  not  be  required, 
pursuant  to  Article  116,  to  amend  their  own  provisions  in  order  to  eliminate  such  distortion.  If  the 
Member  State  which  has  ignored  the  recommendation  of  the  Commission  causes  distortion  detri­
mental  only  to  itself,  the  provisions  of  Article  116  shall  not  apply. 

Article  118 

In  the  context  of  the  establishment  and  functioning  of  the  internal  market,  the  European  Parliament 
and  the  Council, acting  in  accordance  with  the  ordinary legislative  procedure, shall  establish  measures 
for  the  creation  of  European  intellectual  property  rights  to  provide  uniform  protection  of  intellectual 
property  rights  throughout  the  Union  and  for  the  setting  up  of  centralised  Union-wide  authorisation, 
coordination  and  supervision  arrangements. 

The  Council,  acting  in  accordance  with  a  special  legislative  procedure,  shall  by  means  of  regulations 
establish  language  arrangements  for  the  European  intellectual  property  rights.  The  Council  shall  act 
unanimously  after  consulting  the  European  Parliament. 

TITLE  VIII 

ECONOMIC  AND  MONETARY  POLICY 

Article  119 

(ex  Article  4  TEC) 

1. 
For  the  purposes  set  out  in  Article  3  of  the  Treaty  on  European  Union,  the  activities  of  the 
Member  States  and  the  Union  shall  include,  as  provided  in  the  Treaties, the  adoption  of  an  economic 
policy  which  is  based  on  the  close  coordination  of  Member  States'  economic  policies,  on  the  internal 
market  and  on  the  definition  of  common  objectives,  and  conducted  in  accordance  with  the  principle 
of  an  open  market  economy  with  free  competition.

Consolidated TreatiesConsolidated Treaties 
C  202/96 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/97
9797

If  such  consultation  does  not  result  in  an  agreement  eliminating  the  distortion  in  question,  the 

European,  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative  procedure, 

shall  issue  the  necessary  directives.  Any  other  appropriate  measures  provided  for  in  the  Treaties  may 

be  adopted. 

Article  117 

(ex  Article  97  TEC) 

1.  Where  there  is  a  reason  to  fear  that  the  adoption  or  amendment  of  a  provision  laid  down  by 

law,  regulation  or  administrative  action  may  cause  distortion  within  the  meaning  of  Article  116,  a 

Member  State  desiring  to  proceed  therewith  shall  consult  the  Commission.  After  consulting  the 

Member  States,  the  Commission  shall  recommend  to  the  States  concerned  such  measures  as  may 

be  appropriate  to  avoid  the  distortion  in  question. 

2. 

If  a  State  desiring  to  introduce  or  amend  its  own  provisions  does  not  comply  with  the 

recommendation  addressed  to  it  by  the  Commission,  other  Member  States  shall  not  be  required, 

pursuant  to  Article  116,  to  amend  their  own  provisions  in  order  to  eliminate  such  distortion.  If  the 

Member  State  which  has  ignored  the  recommendation  of  the  Commission  causes  distortion  detri­

mental  only  to  itself,  the  provisions  of  Article  116  shall  not  apply. 

Article  118 

In  the  context  of  the  establishment  and  functioning  of  the  internal  market,  the  European  Parliament 

and  the  Council, acting  in  accordance  with  the  ordinary legislative  procedure, shall  establish  measures 

for  the  creation  of  European  intellectual  property  rights  to  provide  uniform  protection  of  intellectual 

property  rights  throughout  the  Union  and  for  the  setting  up  of  centralised  Union-wide  authorisation, 

coordination  and  supervision  arrangements. 

2. 
Concurrently  with  the  foregoing,  and  as  provided  in  the  Treaties  and  in  accordance  with  the 
procedures  set  out  therein,  these  activities  shall  include  a  single  currency,  the  euro,  and  the  definition 
and  conduct  of  a  single  monetary  policy  and  exchange-rate  policy  the  primary  objective  of  both  of 
which  shall  be  to  maintain  price  stability  and,  without  prejudice  to  this  objective,  to  support  the 
general  economic  policies  in  the  Union,  in  accordance  with  the  principle  of  an  open  market 
economy  with  free  competition. 

3. 
These  activities  of  the  Member  States  and  the  Union  shall  entail  compliance  with  the  following 
guiding  principles:  stable  prices,  sound  public  finances  and  monetary  conditions  and  a  sustainable 
balance  of  payments. 

CHAPTER  1 

ECONOMIC  POLICY 

Article  120 

(ex  Article  98  TEC) 

Member  States  shall  conduct  their  economic  policies  with  a  view  to  contributing  to  the  achievement 
of  the  objectives  of  the  Union,  as  defined  in  Article  3  of  the  Treaty  on  European  Union,  and  in  the 
context  of  the  broad  guidelines  referred  to  in  Article  121(2).  The  Member  States  and  the  Union  shall 
act  in  accordance  with  the  principle  of  an  open  market  economy  with  free  competition,  favouring  an 
efficient  allocation  of  resources,  and  in  compliance  with  the  principles  set  out  in  Article  119. 

Article  121 

(ex  Article  99  TEC) 

1.  Member  States  shall  regard  their  economic  policies  as  a  matter  of  common  concern  and  shall 
coordinate  them  within  the  Council,  in  accordance  with  the  provisions  of  Article  120. 

The  Council,  acting  in  accordance  with  a  special  legislative  procedure,  shall  by  means  of  regulations 

establish  language  arrangements  for  the  European  intellectual  property  rights.  The  Council  shall  act 

unanimously  after  consulting  the  European  Parliament. 

2. 
The  Council  shall,  on  a  recommendation  from  the  Commission,  formulate  a  draft  for  the  broad 
guidelines  of  the  economic  policies  of  the  Member  States  and  of  the  Union,  and  shall  report  its 
findings  to  the  European  Council. 

TITLE  VIII 

ECONOMIC  AND  MONETARY  POLICY 

Article  119 

(ex  Article  4  TEC) 

The  European  Council  shall,  acting  on  the  basis  of  the  report  from  the  Council,  discuss  a  conclusion 
on  the  broad  guidelines  of  the  economic  policies  of  the  Member  States  and  of  the  Union. 

On  the  basis  of  this  conclusion,  the  Council  shall  adopt  a  recommendation  setting  out  these  broad 
guidelines.  The  Council  shall  inform  the  European  Parliament  of  its  recommendation. 

1. 

For  the  purposes  set  out  in  Article  3  of  the  Treaty  on  European  Union,  the  activities  of  the 

Member  States  and  the  Union  shall  include,  as  provided  in  the  Treaties, the  adoption  of  an  economic 

policy  which  is  based  on  the  close  coordination  of  Member  States'  economic  policies,  on  the  internal 

market  and  on  the  definition  of  common  objectives,  and  conducted  in  accordance  with  the  principle 

of  an  open  market  economy  with  free  competition.

3. 
In  order  to  ensure  closer  coordination  of  economic  policies  and  sustained  convergence  of  the 
economic  performances  of  the  Member  States,  the  Council  shall, on  the  basis  of  reports  submitted  by 
the  Commission,  monitor  economic  developments  in  each  of  the  Member  States  and  in  the  Union 
as  well  as  the  consistency  of  economic  policies  with  the  broad  guidelines  referred  to  in  paragraph  2, 
and  regularly  carry  out  an  overall  assessment.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/98 
9898

EN 

Official Journal of the European Union 

7.6.2016

For  the  purpose  of  this  multilateral  surveillance,  Member  States  shall  forward  information  to 
the  Commission  about  important  measures  taken  by  them  in  the  field  of  their  economic  policy 
and  such  other  information  as  they  deem  necessary. 

4.  Where  it  is  established,  under  the  procedure  referred  to  in  paragraph  3,  that  the  economic 
policies  of  a  Member  State  are  not  consistent  with  the  broad  guidelines  referred to  in  paragraph  2  or 
that  they  risk  jeopardising  the  proper  functioning  of  economic  and  monetary union,  the  Commission 
may  address  a  warning  to  the  Member  State  concerned.  The  Council,  on  a  recommendation  from  the 
Commission,  may  address  the  necessary  recommendations  to  the  Member  State  concerned. 
The  Council  may,  on  a  proposal  from  the  Commission,  decide  to  make  its  recommendations  public. 

Within  the  scope  of  this  paragraph,  the  Council  shall  act  without  taking  into  account  the  vote  of  the 
member  of  the  Council  representing  the  Member  State  concerned. 

A  qualified  majority  of  the  other  members  of  the  Council  shall  be  defined  in  accordance  with 
Article  238(3)(a). 

5. 
The  President  of  the  Council  and  the  Commission  shall  report  to  the  European  Parliament  on 
the  results  of  multilateral  surveillance.  The  President  of  the  Council  may  be  invited  to  appear  before 
the  competent  committee  of  the  European  Parliament  if  the  Council  has  made  its  recommen­
dations  public. 

6. 
The  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in  accordance  with 
the  ordinary  legislative procedure,  may  adopt  detailed  rules  for  the  multilateral  surveillance procedure 
referred  to  in  paragraphs  3  and  4. 

Article  122 

(ex  Article  100  TEC) 

1.  Without  prejudice  to  any  other  procedures  provided  for  in  the  Treaties,  the  Council,  on  a 
proposal  from  the  Commission,  may  decide,  in  a  spirit  of  solidarity  between  Member  States,  upon 
the  measures  appropriate  to  the  economic  situation,  in  particular  if  severe  difficulties  arise  in  the 
supply  of  certain  products,  notably  in  the  area  of  energy. 

2.  Where  a  Member  State  is  in  difficulties  or  is  seriously  threatened  with  severe  difficulties  caused 
by  natural  disasters  or  exceptional  occurrences  beyond  its  control,  the  Council,  on  a  proposal  from 
the  Commission,  may  grant,  under  certain  conditions,  Union  financial assistance  to  the  Member  State 
concerned.  The  President  of  the  Council  shall  inform  the  European  Parliament  of  the  decision  taken.

Consolidated TreatiesConsolidated Treaties 
C  202/98 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/99
9999

For  the  purpose  of  this  multilateral  surveillance,  Member  States  shall  forward  information  to 

the  Commission  about  important  measures  taken  by  them  in  the  field  of  their  economic  policy 

and  such  other  information  as  they  deem  necessary. 

Article  123 

(ex  Article  101  TEC) 

1.  Overdraft  facilities  or  any  other  type  of  credit  facility  with  the  European  Central  Bank  or  with 
the  central  banks  of  the  Member  States  (hereinafter  referred  to  as  ‘national  central  banks’)  in  favour 
of  Union  institutions,  bodies,  offices  or  agencies,  central  governments,  regional,  local  or  other  public 
authorities,  other  bodies  governed  by  public  law,  or  public  undertakings  of  Member  States  shall  be 
prohibited,  as  shall  the  purchase directly  from  them  by  the  European  Central  Bank  or  national  central 
banks  of  debt  instruments. 

2. 
Paragraph  1  shall  not  apply  to  publicly  owned  credit  institutions  which,  in  the  context  of  the 
supply  of  reserves  by  central  banks,  shall  be  given  the  same  treatment  by  national  central  banks  and 
the  European  Central  Bank  as  private  credit  institutions. 

Article  124 

(ex  Article  102  TEC) 

Any  measure,  not  based  on  prudential  considerations,  establishing  privileged  access  by  Union  insti­
tutions,  bodies,  offices  or  agencies,  central  governments,  regional,  local  or  other  public  authorities, 
other  bodies  governed  by  public  law,  or  public  undertakings  of  Member  States  to  financial  institu­
tions,  shall  be  prohibited. 

Article  125 

(ex  Article  103  TEC) 

1. 
The  Union  shall  not  be  liable  for  or  assume  the  commitments  of  central  governments,  regional, 
local  or  other  public  authorities,  other  bodies  governed  by  public  law,  or  public  undertakings  of  any 
Member  State,  without  prejudice  to  mutual  financial  guarantees  for  the  joint  execution  of  a  specific 
project.  A  Member  State  shall  not  be  liable  for  or  assume  the  commitments  of  central  governments, 
regional,  local  or  other  public  authorities,  other  bodies  governed  by  public  law,  or  public  under­
takings  of  another  Member  State,  without  prejudice  to  mutual  financial  guarantees  for  the  joint 
execution  of  a  specific  project. 

4.  Where  it  is  established,  under  the  procedure  referred  to  in  paragraph  3,  that  the  economic 

policies  of  a  Member  State  are  not  consistent  with  the  broad  guidelines  referred to  in  paragraph  2  or 

that  they  risk  jeopardising  the  proper  functioning  of  economic  and  monetary union,  the  Commission 

may  address  a  warning  to  the  Member  State  concerned.  The  Council,  on  a  recommendation  from  the 

Commission,  may  address  the  necessary  recommendations  to  the  Member  State  concerned. 

The  Council  may,  on  a  proposal  from  the  Commission,  decide  to  make  its  recommendations  public. 

Within  the  scope  of  this  paragraph,  the  Council  shall  act  without  taking  into  account  the  vote  of  the 

member  of  the  Council  representing  the  Member  State  concerned. 

A  qualified  majority  of  the  other  members  of  the  Council  shall  be  defined  in  accordance  with 

Article  238(3)(a). 

5. 

The  President  of  the  Council  and  the  Commission  shall  report  to  the  European  Parliament  on 

the  results  of  multilateral  surveillance.  The  President  of  the  Council  may  be  invited  to  appear  before 

the  competent  committee  of  the  European  Parliament  if  the  Council  has  made  its  recommen­

dations  public. 

6. 

The  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in  accordance  with 

the  ordinary  legislative procedure,  may  adopt  detailed  rules  for  the  multilateral  surveillance procedure 

referred  to  in  paragraphs  3  and  4. 

Article  122 

(ex  Article  100  TEC) 

1.  Without  prejudice  to  any  other  procedures  provided  for  in  the  Treaties,  the  Council,  on  a 

proposal  from  the  Commission,  may  decide,  in  a  spirit  of  solidarity  between  Member  States,  upon 

the  measures  appropriate  to  the  economic  situation,  in  particular  if  severe  difficulties  arise  in  the 

supply  of  certain  products,  notably  in  the  area  of  energy. 

the 
2. 
European  Parliament,  may,  as  required,  specify  definitions  for  the  application  of  the  prohibitions 
referred  to  in  Articles  123  and  124  and  in  this  Article. 

The  Council,  on 

the  Commission 

a  proposal 

consulting 

from 

after 

and 

2.  Where  a  Member  State  is  in  difficulties  or  is  seriously  threatened  with  severe  difficulties  caused 

by  natural  disasters  or  exceptional  occurrences  beyond  its  control,  the  Council,  on  a  proposal  from 

the  Commission,  may  grant,  under  certain  conditions,  Union  financial assistance  to  the  Member  State 

concerned.  The  President  of  the  Council  shall  inform  the  European  Parliament  of  the  decision  taken.

1.  Member  States  shall  avoid  excessive  government  deficits.

Article  126 

(ex  Article  104  TEC) 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/100 
100100

EN 

Official Journal of the European Union 

7.6.2016

2. 
The  Commission  shall  monitor  the  development  of  the  budgetary  situation  and  of  the  stock  of 
government  debt  in  the  Member  States  with  a  view  to  identifying  gross  errors.  In  particular  it  shall 
examine  compliance  with  budgetary  discipline  on  the  basis  of  the  following  two  criteria: 

(a)  whether  the  ratio  of  the  planned  or  actual  government  deficit  to  gross  domestic  product  exceeds 

a  reference  value,  unless: 

—  either  the  ratio  has  declined  substantially  and  continuously  and  reached  a  level  that  comes 

close  to  the  reference  value, 

—  or,  alternatively,  the  excess  over  the  reference  value  is  only  exceptional  and  temporary  and 

the  ratio  remains  close  to  the  reference  value; 

(b)  whether  the  ratio  of  government  debt  to  gross  domestic  product  exceeds  a  reference  value, unless 
the  ratio  is  sufficiently  diminishing  and  approaching  the  reference  value  at  a  satisfactory  pace. 

The  reference  values  are  specified  in  the  Protocol  on  the  excessive  deficit  procedure  annexed  to 
the  Treaties. 

3. 
If  a  Member  State  does  not  fulfil  the  requirements  under  one  or  both  of  these  criteria, 
the  Commission  shall  prepare  a  report.  The  report  of  the  Commission  shall  also  take  into 
account  whether  the  government  deficit  exceeds  government  investment  expenditure  and  take  into 
account  all  other  relevant  factors,  including  the  medium-term  economic  and  budgetary  position  of 
the  Member  State. 

The  Commission  may  also  prepare  a  report  if,  notwithstanding  the  fulfilment  of  the  requirements 
under  the  criteria,  it  is  of  the  opinion  that  there  is  a  risk  of  an  excessive  deficit  in  a  Member  State. 

The  Economic  and  Financial  Committee  shall  formulate  an  opinion  on  the  report  of 

4. 
the  Commission. 

5. 
If  the  Commission  considers  that  an  excessive  deficit  in  a  Member  State  exists  or  may  occur,  it 
shall  address  an  opinion  to  the  Member  State  concerned  and  shall  inform  the  Council  accordingly. 

6. 
The  Council  shall,  on  a  proposal  from  the  Commission,  and  having  considered  any  obser­
vations  which  the  Member  State  concerned  may  wish  to  make,  decide  after  an  overall  assessment 
whether  an  excessive  deficit  exists. 

7.  Where  the  Council  decides,  in  accordance  with  paragraph  6,  that  an  excessive  deficit  exists,  it 
shall  adopt,  without  undue  delay,  on  a  recommendation  from  the  Commission,  recommendations 
addressed  to  the  Member  State  concerned  with  a  view  to  bringing  that  situation  to  an  end  within  a 
given  period.  Subject  to  the  provisions  of  paragraph  8,  these  recommendations  shall  not  be 
made  public. 

8.  Where  it  establishes  that  there  has  been  no  effective  action  in  response  to  its  recommendations 
within  the  period  laid  down,  the  Council  may  make  its  recommendations  public.

Consolidated TreatiesConsolidated Treaties 
C  202/100 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/101
101101

9. 
If  a  Member  State  persists  in  failing  to  put  into  practice  the  recommendations  of  the  Council, 
the  Council  may  decide  to  give  notice  to  the  Member  State  to  take,  within  a  specified  time  limit, 
measures  for  the  deficit  reduction  which  is  judged  necessary  by  the  Council  in  order  to  remedy 
the  situation. 

In  such  a  case, the  Council  may  request  the  Member  State  concerned  to  submit  reports  in  accordance 
with  a  specific  timetable  in  order  to  examine  the  adjustment  efforts  of  that  Member  State. 

The  rights  to  bring  actions  provided  for  in  Articles  258  and  259  may  not  be  exercised  within 

10. 
the  framework  of  paragraphs  1  to  9  of  this  Article. 

11.  As  long  as  a  Member  State  fails  to  comply  with  a  decision  taken  in  accordance  with 
paragraph  9,  the  Council  may  decide  to  apply  or,  as  the  case  may  be,  intensify  one  or  more  of 
the  following  measures: 

—  to  require  the  Member  State  concerned  to  publish  additional  information,  to  be  specified  by  the 

Council,  before  issuing  bonds  and  securities, 

—  to  invite  the  European  Investment  Bank  to  reconsider  its  lending  policy  towards  the  Member 

State  concerned, 

—  to  require  the  Member  State  concerned  to  make  a  non-interest-bearing  deposit  of  an  appropriate 
size  with  the  Union  until  the  excessive  deficit  has,  in  the  view  of  the  Council,  been  corrected, 

—  to  impose  fines  of  an  appropriate  size. 

The  President  of  the  Council  shall  inform  the  European  Parliament  of  the  decisions  taken. 

12. 
The  Council  shall  abrogate  some  or  all  of  its  decisions  or  recommendations  referred  to  in 
paragraphs  6  to  9  and  11  to  the  extent  that  the  excessive  deficit  in  the  Member  State  concerned  has, 
in  the  view  of  the  Council,  been  corrected.  If  the  Council  has  previously  made  public  recommen­
dations,  it  shall,  as  soon  as  the  decision  under  paragraph  8  has  been  abrogated,  make  a  public 
statement  that  an  excessive  deficit  in  the  Member  State  concerned  no  longer  exists. 

13.  When  taking  the  decisions  or  recommendations  referred  to  in  paragraphs  8,  9,  11  and  12, 
the  Council  shall  act  on  a  recommendation  from  the  Commission. 

2. 

The  Commission  shall  monitor  the  development  of  the  budgetary  situation  and  of  the  stock  of 

government  debt  in  the  Member  States  with  a  view  to  identifying  gross  errors.  In  particular  it  shall 

examine  compliance  with  budgetary  discipline  on  the  basis  of  the  following  two  criteria: 

(a)  whether  the  ratio  of  the  planned  or  actual  government  deficit  to  gross  domestic  product  exceeds 

a  reference  value,  unless: 

—  either  the  ratio  has  declined  substantially  and  continuously  and  reached  a  level  that  comes 

close  to  the  reference  value, 

—  or,  alternatively,  the  excess  over  the  reference  value  is  only  exceptional  and  temporary  and 

the  ratio  remains  close  to  the  reference  value; 

(b)  whether  the  ratio  of  government  debt  to  gross  domestic  product  exceeds  a  reference  value, unless 

the  ratio  is  sufficiently  diminishing  and  approaching  the  reference  value  at  a  satisfactory  pace. 

The  reference  values  are  specified  in  the  Protocol  on  the  excessive  deficit  procedure  annexed  to 

the  Treaties. 

3. 

If  a  Member  State  does  not  fulfil  the  requirements  under  one  or  both  of  these  criteria, 

the  Commission  shall  prepare  a  report.  The  report  of  the  Commission  shall  also  take  into 

account  whether  the  government  deficit  exceeds  government  investment  expenditure  and  take  into 

account  all  other  relevant  factors,  including  the  medium-term  economic  and  budgetary  position  of 

the  Member  State. 

The  Commission  may  also  prepare  a  report  if,  notwithstanding  the  fulfilment  of  the  requirements 

under  the  criteria,  it  is  of  the  opinion  that  there  is  a  risk  of  an  excessive  deficit  in  a  Member  State. 

4. 

The  Economic  and  Financial  Committee  shall  formulate  an  opinion  on  the  report  of 

the  Commission. 

5. 

If  the  Commission  considers  that  an  excessive  deficit  in  a  Member  State  exists  or  may  occur,  it 

shall  address  an  opinion  to  the  Member  State  concerned  and  shall  inform  the  Council  accordingly. 

6. 

The  Council  shall,  on  a  proposal  from  the  Commission,  and  having  considered  any  obser­

vations  which  the  Member  State  concerned  may  wish  to  make,  decide  after  an  overall  assessment 

whether  an  excessive  deficit  exists. 

7.  Where  the  Council  decides,  in  accordance  with  paragraph  6,  that  an  excessive  deficit  exists,  it 

shall  adopt,  without  undue  delay,  on  a  recommendation  from  the  Commission,  recommendations 

addressed  to  the  Member  State  concerned  with  a  view  to  bringing  that  situation  to  an  end  within  a 

given  period.  Subject  to  the  provisions  of  paragraph  8,  these  recommendations  shall  not  be 

made  public. 

8.  Where  it  establishes  that  there  has  been  no  effective  action  in  response  to  its  recommendations 

within  the  period  laid  down,  the  Council  may  make  its  recommendations  public.

Further  provisions  relating  to  the  implementation  of  the  procedure  described  in  this  Article 

14. 
are  set  out  in  the  Protocol  on  the  excessive  deficit  procedure  annexed  to  the  Treaties.

A  qualified  majority  of  the  other  members  of  the  Council  shall  be  defined  in  accordance  with 
Article  238(3)(a). 

When  the  Council  adopts  the  measures  referred  to  in  paragraphs  6  to  9,  11  and  12,  it  shall  act 
without 
the 
taking 
Member  State  concerned. 

the  Council  representing 

the  member  of 

into  account 

the  vote  of 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/102 
102102

EN 

Official Journal of the European Union 

7.6.2016

The  Council  shall,  acting  unanimously  in  accordance  with  a  special  legislative  procedure  and  after 
consulting  the  European  Parliament  and  the  European  Central  Bank,  adopt  the  appropriate provisions 
which  shall  then  replace  the  said  Protocol. 

Subject  to  the  other  provisions  of  this  paragraph,  the  Council  shall,  on  a  proposal  from 
the  Commission  and  after  consulting  the  European  Parliament,  lay  down  detailed  rules  and  defi­
nitions  for  the  application  of  the  provisions  of  the  said  Protocol. 

CHAPTER  2 

MONETARY  POLICY 

Article  127 

(ex  Article  105  TEC) 

1. 
The  primary  objective  of  the  European  System  of  Central  Banks  (hereinafter  referred  to  as  ‘the 
ESCB’)  shall  be  to  maintain  price  stability.  Without  prejudice  to  the  objective  of  price  stability,  the 
ESCB  shall  support  the  general  economic  policies  in  the  Union  with  a  view  to  contributing  to  the 
achievement  of  the  objectives  of  the  Union  as  laid  down  in  Article  3  of  the  Treaty  on  European 
Union.  The  ESCB  shall  act  in  accordance  with  the  principle  of  an  open  market  economy  with  free 
competition,  favouring  an  efficient  allocation  of  resources,  and  in  compliance  with  the  principles  set 
out  in  Article  119. 

2. 

The  basic  tasks  to  be  carried  out  through  the  ESCB  shall  be: 

—  to  define  and  implement  the  monetary  policy  of  the  Union, 

—  to  conduct  foreign-exchange  operations  consistent  with  the  provisions  of  Article  219, 

—  to  hold  and  manage  the  official  foreign  reserves  of  the  Member  States, 

—  to  promote  the  smooth  operation  of  payment  systems. 

The  third  indent  of  paragraph  2  shall  be  without  prejudice  to  the  holding  and  management  by 

3. 
the  governments  of  Member  States  of  foreign-exchange  working  balances. 

4. 

The  European  Central  Bank  shall  be  consulted: 

—  on  any  proposed  Union  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  129(4). 

The  European  Central  Bank  may  submit  opinions  to  the  appropriate  Union  institutions,  bodies, 
offices  or  agencies  or  to  national  authorities  on  matters  in  its  fields  of  competence.

Consolidated TreatiesConsolidated Treaties 
C  202/102 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/103
103103

The  Council  shall,  acting  unanimously  in  accordance  with  a  special  legislative  procedure  and  after 

consulting  the  European  Parliament  and  the  European  Central  Bank,  adopt  the  appropriate provisions 

which  shall  then  replace  the  said  Protocol. 

5. 
The  ESCB  shall  contribute  to  the  smooth  conduct  of  policies  pursued  by  the  competent 
authorities  relating  to  the  prudential  supervision  of  credit  institutions  and  the  stability  of  the 
financial  system. 

6. 
The  Council,  acting  by  means  of  regulations  in  accordance  with  a  special  legislative  procedure, 
may  unanimously,  and  after  consulting  the  European  Parliament  and  the  European  Central  Bank, 
confer  specific  tasks  upon  the  European  Central  Bank  concerning  policies  relating  to  the  prudential 
supervision  of  credit  institutions  and  other  financial  institutions  with  the  exception  of  insurance 
undertakings. 

Article  128 

(ex  Article  106  TEC) 

The  European  Central  Bank  shall  have  the  exclusive  right  to  authorise  the  issue  of  euro 
1. 
banknotes  within  the  Union.  The  European  Central  Bank  and  the  national  central  banks  may 
issue  such  notes.  The  banknotes  issued  by  the  European  Central  Bank  and  the  national  central 
banks  shall  be  the  only  such  notes  to  have  the  status  of  legal  tender  within  the  Union. 

2.  Member  States  may  issue  euro  coins  subject  to  approval  by  the  European  Central  Bank  of  the 
volume  of  the  issue.  The  Council,  on  a  proposal  from  the  Commission  and  after  consulting  the 
European  Parliament  and  the  European  Central  Bank,  may  adopt  measures  to  harmonise  the  denomi­
nations  and  technical  specifications  of  all  coins  intended  for  circulation  to  the  extent  necessary  to 
permit  their  smooth  circulation  within  the  Union. 

Article  129 

(ex  Article  107  TEC) 

The  ESCB  shall  be  governed  by  the  decision-making  bodies  of  the  European  Central  Bank 

1. 
which  shall  be  the  Governing  Council  and  the  Executive  Board. 

2. 
The  Statute  of  the  European  System  of  Central  Banks  and  of  the  European  Central  Bank 
(hereinafter  referred  to  as  ‘the  Statute  of  the  ESCB  and  of  the  ECB’)  is  laid  down  in  a  Protocol 
annexed  to  the  Treaties. 

3.  Articles  5.1,  5.2,  5.3,  17,  18,  19.1,  22,  23,  24,  26,  32.2,  32.3,  32.4,  32.6,  33.1(a)  and  36  of 
the  Statute  of  the  ESCB  and  of  the  ECB  may  be  amended  by  the  European  Parliament  and  the 
Council,  acting  in  accordance  with  the  ordinary  legislative  procedure.  They  shall  act  either  on  a 
recommendation  from  the  European  Central  Bank  and  after  consulting  the  Commission  or  on  a 
proposal  from  the  Commission  and  after  consulting  the  European  Central  Bank. 

Subject  to  the  other  provisions  of  this  paragraph,  the  Council  shall,  on  a  proposal  from 

the  Commission  and  after  consulting  the  European  Parliament,  lay  down  detailed  rules  and  defi­

nitions  for  the  application  of  the  provisions  of  the  said  Protocol. 

CHAPTER  2 

MONETARY  POLICY 

Article  127 

(ex  Article  105  TEC) 

1. 

The  primary  objective  of  the  European  System  of  Central  Banks  (hereinafter  referred  to  as  ‘the 

ESCB’)  shall  be  to  maintain  price  stability.  Without  prejudice  to  the  objective  of  price  stability,  the 

ESCB  shall  support  the  general  economic  policies  in  the  Union  with  a  view  to  contributing  to  the 

achievement  of  the  objectives  of  the  Union  as  laid  down  in  Article  3  of  the  Treaty  on  European 

Union.  The  ESCB  shall  act  in  accordance  with  the  principle  of  an  open  market  economy  with  free 

competition,  favouring  an  efficient  allocation  of  resources,  and  in  compliance  with  the  principles  set 

out  in  Article  119. 

2. 

The  basic  tasks  to  be  carried  out  through  the  ESCB  shall  be: 

—  to  define  and  implement  the  monetary  policy  of  the  Union, 

—  to  conduct  foreign-exchange  operations  consistent  with  the  provisions  of  Article  219, 

—  to  hold  and  manage  the  official  foreign  reserves  of  the  Member  States, 

—  to  promote  the  smooth  operation  of  payment  systems. 

3. 

The  third  indent  of  paragraph  2  shall  be  without  prejudice  to  the  holding  and  management  by 

the  governments  of  Member  States  of  foreign-exchange  working  balances. 

4. 

The  European  Central  Bank  shall  be  consulted: 

—  on  any  proposed  Union  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  129(4). 

The  European  Central  Bank  may  submit  opinions  to  the  appropriate  Union  institutions,  bodies, 

offices  or  agencies  or  to  national  authorities  on  matters  in  its  fields  of  competence.

4. 
the 
from 
European  Parliament  and  the  European  Central  Bank  or  on  a  recommendation  from  the 
European  Central  Bank  and  after  consulting  the  European  Parliament  and  the  Commission,  shall 
adopt  the  provisions  referred  to  in  Articles  4,  5.4,  19.2,  20,  28.1,  29.2,  30.4  and  34.3  of  the  Statute 
of  the  ESCB  and  of  the  ECB.

the  Commission  and  after  consulting 

The  Council,  either  on  a  proposal 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/104 
104104

EN 

Official Journal of the European Union 

7.6.2016

Article  130 

(ex  Article  108  TEC) 

When  exercising  the  powers  and  carrying  out  the  tasks  and  duties  conferred  upon  them  by  the 
Treaties  and  the  Statute  of  the  ESCB  and  of  the  ECB,  neither  the  European  Central  Bank,  nor  a 
national  central bank,  nor  any  member  of  their decision-making  bodies  shall seek  or  take  instructions 
from  Union  institutions,  bodies,  offices  or  agencies,  from  any  government  of  a  Member  State  or 
from  any  other  body.  The  Union  institutions,  bodies,  offices  or  agencies  and  the  governments  of  the 
Member  States  undertake  to  respect  this  principle  and  not  to  seek  to  influence  the  members  of  the 
decision-making  bodies  of  the  European  Central  Bank  or  of  the  national  central  banks  in  the 
performance  of  their  tasks. 

Article  131 

(ex  Article  109  TEC) 

Each  Member  State  shall  ensure  that  its  national  legislation  including  the  statutes  of  its  national 
central  bank  is  compatible  with  the  Treaties  and  the  Statute  of  the  ESCB  and  of  the  ECB. 

Article  132 

(ex  Article  110  TEC) 

In  order  to  carry  out  the  tasks  entrusted  to  the  ESCB,  the  European  Central  Bank  shall,  in 
1. 
accordance  with  the  provisions  of  the  Treaties  and  under  the  conditions  laid  down  in  the  Statute  of 
the  ESCB  and  of  the  ECB: 

—  make  regulations  to  the  extent  necessary  to  implement  the  tasks  defined  in  Article  3.1, 
indent,  Articles  19.1,  22  and  25.2  of  the  Statute  of  the  ESCB  and  of  the  ECB  in  cases 

first 
which  shall  be  laid  down  in  the  acts  of  the  Council  referred  to  in  Article  129(4), 

—  take  decisions  necessary  for  carrying  out  the  tasks  entrusted  to  the  ESCB  under  the  Treaties  and 

the  Statute  of  the  ESCB  and  of  the  ECB, 

—  make  recommendations  and  deliver  opinions. 

The  European  Central  Bank  may  decide 

2. 
and  opinions. 

to  publish 

its  decisions,  recommendations 

3.  Within  the  limits  and  under  the  conditions  adopted  by  the  Council  under  the  procedure  laid 
down  in  Article  129(4),  the  European  Central  Bank  shall  be  entitled  to  impose  fines  or  periodic 
penalty  payments  on  undertakings  for  failure  to  comply  with  obligations  under  its  regulations 
and  decisions.

Consolidated TreatiesConsolidated Treaties 
C  202/104 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/105
105105

Article  130 

(ex  Article  108  TEC) 

Article  131 

(ex  Article  109  TEC) 

Article  132 

(ex  Article  110  TEC) 

When  exercising  the  powers  and  carrying  out  the  tasks  and  duties  conferred  upon  them  by  the 

Treaties  and  the  Statute  of  the  ESCB  and  of  the  ECB,  neither  the  European  Central  Bank,  nor  a 

national  central bank,  nor  any  member  of  their decision-making  bodies  shall seek  or  take  instructions 

from  Union  institutions,  bodies,  offices  or  agencies,  from  any  government  of  a  Member  State  or 

from  any  other  body.  The  Union  institutions,  bodies,  offices  or  agencies  and  the  governments  of  the 

Member  States  undertake  to  respect  this  principle  and  not  to  seek  to  influence  the  members  of  the 

decision-making  bodies  of  the  European  Central  Bank  or  of  the  national  central  banks  in  the 

performance  of  their  tasks. 

Article  133 

Without  prejudice  to  the  powers  of  the  European  Central  Bank,  the  European  Parliament  and 
the  Council,  acting  in  accordance  with  the  ordinary  legislative  procedure,  shall  lay  down  the 
measures  necessary  for  the  use  of  the  euro  as  the  single  currency.  Such  measures  shall  be  adopted 
after  consultation  of  the  European  Central  Bank. 

CHAPTER  3 

INSTITUTIONAL  PROVISIONS 

Article  134 

(ex  Article  114  TEC) 

Each  Member  State  shall  ensure  that  its  national  legislation  including  the  statutes  of  its  national 

central  bank  is  compatible  with  the  Treaties  and  the  Statute  of  the  ESCB  and  of  the  ECB. 

In  order  to  promote  coordination  of  the  policies  of  Member  States  to  the  full  extent  needed  for 

1. 
the  functioning  of  the  internal  market,  an  Economic  and  Financial  Committee  is  hereby  set  up. 

2. 

The  Economic  and  Financial  Committee  shall  have  the  following  tasks: 

1. 

In  order  to  carry  out  the  tasks  entrusted  to  the  ESCB,  the  European  Central  Bank  shall,  in 

accordance  with  the  provisions  of  the  Treaties  and  under  the  conditions  laid  down  in  the  Statute  of 

—  to  deliver  opinions  at  the  request  of  the  Council  or  of  the  Commission,  or  on  its  own  initiative 

for  submission  to  those  institutions, 

the  ESCB  and  of  the  ECB: 

—  make  regulations  to  the  extent  necessary  to  implement  the  tasks  defined  in  Article  3.1, 

first 

indent,  Articles  19.1,  22  and  25.2  of  the  Statute  of  the  ESCB  and  of  the  ECB  in  cases 

which  shall  be  laid  down  in  the  acts  of  the  Council  referred  to  in  Article  129(4), 

—  to  keep  under  review  the  economic  and  financial  situation  of  the  Member  States  and  of 
the  Union  and  to  report  regularly  thereon  to  the  Council  and  to  the  Commission,  in  particular 
on  financial  relations  with  third  countries  and  international  institutions, 

—  take  decisions  necessary  for  carrying  out  the  tasks  entrusted  to  the  ESCB  under  the  Treaties  and 

the  Statute  of  the  ESCB  and  of  the  ECB, 

—  without  prejudice  to  Article  240,  to  contribute  to  the  preparation  of  the  work  of  the  Council 
referred  to  in  Articles  66,  75,  121(2),  (3),  (4)  and  (6),  122,  124,  125,  126,  127(6),  128(2), 
129(3)  and  (4),  138,  140(2)  and  (3),  143,  144(2)  and  (3),  and  in  Article  219,  and  to  carry  out 
other  advisory  and  preparatory  tasks  assigned  to  it  by  the  Council, 

—  make  recommendations  and  deliver  opinions. 

2. 

The  European  Central  Bank  may  decide 

to  publish 

its  decisions,  recommendations 

and  opinions. 

and  decisions.

3.  Within  the  limits  and  under  the  conditions  adopted  by  the  Council  under  the  procedure  laid 

down  in  Article  129(4),  the  European  Central  Bank  shall  be  entitled  to  impose  fines  or  periodic 

penalty  payments  on  undertakings  for  failure  to  comply  with  obligations  under  its  regulations 

—  to  examine,  at  least  once  a  year, the  situation  regarding  the  movement  of  capital  and  the  freedom 
of  payments,  as  they  result  from  the  application  of  the  Treaties  and  of  measures  adopted  by  the 
Council;  the  examination  shall  cover  all  measures  relating  to  capital  movements  and  payments; 
the  Committee  shall  report  to  the  Commission  and  to  the  Council  on  the  outcome  of  this 
examination. 

The  Member  States,  the  Commission  and  the  European  Central  Bank  shall  each  appoint  no  more 
than  two  members  of  the  Committee.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/106 
106106

EN 

Official Journal of the European Union 

7.6.2016

The  Council  shall,  on  a  proposal 

3. 
the 
European  Central  Bank  and  the  Committee  referred  to  in  this  Article,  lay  down  detailed  provisions 
concerning  the  composition  of  the  Economic  and  Financial  Committee.  The  President  of  the  Council 
shall  inform  the  European  Parliament  of  such  a  decision. 

the  Commission  and  after  consulting 

from 

In  addition  to  the  tasks  set  out  in  paragraph  2,  if  and  as  long  as  there  are  Member  States  with 
4. 
a  derogation  as  referred  to  in  Article  139,  the  Committee  shall  keep  under  review  the  monetary  and 
financial  situation  and  the  general  payments  system  of  those  Member  States  and  report  regularly 
thereon  to  the  Council  and  to  the  Commission. 

Article  135 

(ex  Article  115  TEC) 

For  matters  within  the  scope  of  Articles  121(4),  126  with  the  exception  of  paragraph  14,  138, 
140(1),  140(2),  first  subparagraph,  140(3)  and  219,  the  Council  or  a  Member  State  may  request 
the  Commission  to  make  a  recommendation  or  a  proposal,  as  appropriate.  The  Commission  shall 
examine  this  request  and  submit  its  conclusions  to  the  Council  without  delay. 

PROVISIONS  SPECIFIC  TO  MEMBER  STATES  WHOSE  CURRENCY  IS  THE  EURO 

CHAPTER  4 

Article  136 

1. 
In  order  to  ensure  the  proper  functioning  of  economic  and  monetary  union,  and  in  accordance 
with  the  relevant  provisions  of  the  Treaties,  the  Council  shall,  in  accordance  with  the  relevant 
procedure  from  among  those  referred  to  in  Articles  121  and  126,  with  the  exception  of  the 
procedure  set  out  in  Article  126(14),  adopt  measures  specific  to  those  Member  States  whose 
currency  is  the  euro: 

(a)  to  strengthen  the  coordination  and  surveillance  of  their  budgetary  discipline; 

(b)  to  set  out  economic  policy  guidelines  for  them,  while  ensuring  that  they  are  compatible  with 

those  adopted  for  the  whole  of  the  Union  and  are  kept  under  surveillance. 

For  those  measures  set  out  in  paragraph  1,  only  members  of  the  Council  representing 

2. 
Member  States  whose  currency  is  the  euro  shall  take  part  in  the  vote. 

A  qualified  majority  of  the  said  members  shall  be  defined  in  accordance  with  Article  238(3)(a). 

3. 
The  Member  States  whose  currency  is  the  euro  may  establish  a  stability  mechanism  to  be 
activated  if  indispensable  to  safeguard  the  stability  of  the  euro  area  as  a  whole.  The  granting  of  any 
required  financial  assistance  under  the  mechanism  will  be  made  subject  to  strict  conditionality.

Consolidated TreatiesConsolidated Treaties 
4. 

In  addition  to  the  tasks  set  out  in  paragraph  2,  if  and  as  long  as  there  are  Member  States  with 

a  derogation  as  referred  to  in  Article  139,  the  Committee  shall  keep  under  review  the  monetary  and 

financial  situation  and  the  general  payments  system  of  those  Member  States  and  report  regularly 

thereon  to  the  Council  and  to  the  Commission. 

For  matters  within  the  scope  of  Articles  121(4),  126  with  the  exception  of  paragraph  14,  138, 

140(1),  140(2),  first  subparagraph,  140(3)  and  219,  the  Council  or  a  Member  State  may  request 

the  Commission  to  make  a  recommendation  or  a  proposal,  as  appropriate.  The  Commission  shall 

examine  this  request  and  submit  its  conclusions  to  the  Council  without  delay. 

Article  135 

(ex  Article  115  TEC) 

CHAPTER  4 

Article  136 

C  202/106 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/107
107107

3. 

The  Council  shall,  on  a  proposal 

from 

the  Commission  and  after  consulting 

the 

European  Central  Bank  and  the  Committee  referred  to  in  this  Article,  lay  down  detailed  provisions 

concerning  the  composition  of  the  Economic  and  Financial  Committee.  The  President  of  the  Council 

shall  inform  the  European  Parliament  of  such  a  decision. 

Arrangements  for  meetings  between  ministers  of  those  Member  States  whose  currency is  the  euro  are 
laid  down  by  the  Protocol  on  the  Euro  Group. 

Article  137 

Article  138 

(ex  Article  111(4),  TEC) 

1. 
In  order  to  secure  the  euro's  place  in  the  international  monetary  system,  the  Council,  on  a 
proposal  from  the  Commission,  shall  adopt  a  decision  establishing  common  positions  on  matters  of 
particular  interest  for  economic  and  monetary  union  within  the  competent  international  financial 
institutions  and  conferences.  The  Council  shall  act  after  consulting  the  European  Central  Bank. 

2. 
The  Council,  on  a  proposal  from  the  Commission,  may  adopt  appropriate  measures  to  ensure 
unified  representation  within  the  international  financial  institutions  and  conferences.  The  Council 
shall  act  after  consulting  the  European  Central  Bank. 

For  the  measures  referred  to  in  paragraphs  1  and  2,  only  members  of  the  Council  representing 

3. 
Member  States  whose  currency  is  the  euro  shall  take  part  in  the  vote. 

PROVISIONS  SPECIFIC  TO  MEMBER  STATES  WHOSE  CURRENCY  IS  THE  EURO 

A  qualified  majority  of  the  said  members  shall  be  defined  in  accordance  with  Article  238(3)(a). 

1. 

In  order  to  ensure  the  proper  functioning  of  economic  and  monetary  union,  and  in  accordance 

with  the  relevant  provisions  of  the  Treaties,  the  Council  shall,  in  accordance  with  the  relevant 

procedure  from  among  those  referred  to  in  Articles  121  and  126,  with  the  exception  of  the 

procedure  set  out  in  Article  126(14),  adopt  measures  specific  to  those  Member  States  whose 

currency  is  the  euro: 

(a)  to  strengthen  the  coordination  and  surveillance  of  their  budgetary  discipline; 

(b)  to  set  out  economic  policy  guidelines  for  them,  while  ensuring  that  they  are  compatible  with 

those  adopted  for  the  whole  of  the  Union  and  are  kept  under  surveillance. 

CHAPTER  5 

TRANSITIONAL  PROVISIONS 

Article  139 

1.  Member  States  in  respect  of  which  the  Council  has  not  decided  that  they  fulfil  the  necessary 
conditions  for  the  adoption  of  the  euro  shall  hereinafter  be  referred  to  as  ‘Member  States  with 
a  derogation’. 

2. 

The  following  provisions  of  the  Treaties  shall  not  apply  to  Member  States  with  a  derogation: 

(a)  adoption  of  the  parts  of  the  broad  economic  policy  guidelines  which  concern  the  euro  area 

generally  (Article  121(2)); 

2. 

For  those  measures  set  out  in  paragraph  1,  only  members  of  the  Council  representing 

Member  States  whose  currency  is  the  euro  shall  take  part  in  the  vote. 

(b)  coercive  means  of  remedying  excessive  deficits  (Article  126(9)  and  (11)); 

A  qualified  majority  of  the  said  members  shall  be  defined  in  accordance  with  Article  238(3)(a). 

(c)  the  objectives  and  tasks  of  the  ESCB  (Article  127(1)  to  (3)  and  (5)); 

3. 

The  Member  States  whose  currency  is  the  euro  may  establish  a  stability  mechanism  to  be 

activated  if  indispensable  to  safeguard  the  stability  of  the  euro  area  as  a  whole.  The  granting  of  any 

required  financial  assistance  under  the  mechanism  will  be  made  subject  to  strict  conditionality.

(d)  issue  of  the  euro  (Article  128); 

(e)  acts  of  the  European  Central  Bank  (Article  132);

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/108 
108108

EN 

Official Journal of the European Union 

7.6.2016

(f)  measures  governing  the  use  of  the  euro  (Article  133); 

(g)  monetary  agreements  and  other  measures  relating  to  exchange-rate  policy  (Article  219); 

(h)  appointment  of  members  of  the  Executive  Board  of  the  European  Central  Bank  (Article  283(2)); 

(i)  decisions  establishing  common  positions  on  issues  of  particular  relevance  for  economic  and 
monetary  union  within  the  competent  international  financial  institutions  and  conferences 
(Article  138(1)); 

(j)  measures  to  ensure  unified  representation  within  the  international  financial  institutions  and 

conferences  (Article  138(2)). 

In  the  Articles  referred  to  in  points  (a)  to  (j),  ‘Member  States’  shall  therefore  mean  Member  States 
whose  currency  is  the  euro. 

Under  Chapter  IX  of  the  Statute  of  the  ESCB  and  of  the  ECB,  Member  States  with  a  derogation 

3. 
and  their  national  central  banks  are  excluded  from  rights  and  obligations  within  the  ESCB. 

The  voting  rights  of  members  of  the  Council  representing  Member  States  with  a  derogation 
4. 
shall  be  suspended  for  the  adoption  by  the  Council  of  the  measures  referred  to  in  the  Articles  listed 
in  paragraph  2,  and  in  the  following  instances: 

(a)  recommendations  made  to  those  Member  States  whose  currency  is  the  euro  in  the  framework  of 
multilateral  surveillance,  including  on  stability  programmes  and  warnings  (Article  121(4)); 

(b)  measures  relating  to  excessive  deficits  concerning  those  Member  States  whose  currency  is 

the  euro  (Article  126(6),  (7),  (8),  (12)  and  (13)). 

A  qualified  majority  of  the  other  members  of  the  Council  shall  be  defined  in  accordance  with 
Article  238(3)(a). 

Article  140 

(ex  Articles  121(1),  122(2),  second  sentence,  and  123(5)  TEC) 

1.  At  least  once  every  two  years,  or  at  the  request  of  a  Member  State  with  a  derogation,  the 
Commission  and  the  European  Central  Bank  shall  report  to  the  Council  on  the  progress  made  by  the 
in  fulfilling  their  obligations  regarding  the  achievement
Member  States  with  a  derogation 

Consolidated TreatiesConsolidated Treaties 
C  202/108 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/109
109109

(f)  measures  governing  the  use  of  the  euro  (Article  133); 

(g)  monetary  agreements  and  other  measures  relating  to  exchange-rate  policy  (Article  219); 

(h)  appointment  of  members  of  the  Executive  Board  of  the  European  Central  Bank  (Article  283(2)); 

(i)  decisions  establishing  common  positions  on  issues  of  particular  relevance  for  economic  and 

monetary  union  within  the  competent  international  financial  institutions  and  conferences 

(Article  138(1)); 

(j)  measures  to  ensure  unified  representation  within  the  international  financial  institutions  and 

conferences  (Article  138(2)). 

In  the  Articles  referred  to  in  points  (a)  to  (j),  ‘Member  States’  shall  therefore  mean  Member  States 

whose  currency  is  the  euro. 

3. 

Under  Chapter  IX  of  the  Statute  of  the  ESCB  and  of  the  ECB,  Member  States  with  a  derogation 

and  their  national  central  banks  are  excluded  from  rights  and  obligations  within  the  ESCB. 

4. 

The  voting  rights  of  members  of  the  Council  representing  Member  States  with  a  derogation 

shall  be  suspended  for  the  adoption  by  the  Council  of  the  measures  referred  to  in  the  Articles  listed 

in  paragraph  2,  and  in  the  following  instances: 

(a)  recommendations  made  to  those  Member  States  whose  currency  is  the  euro  in  the  framework  of 

multilateral  surveillance,  including  on  stability  programmes  and  warnings  (Article  121(4)); 

(b)  measures  relating  to  excessive  deficits  concerning  those  Member  States  whose  currency  is 

the  euro  (Article  126(6),  (7),  (8),  (12)  and  (13)). 

A  qualified  majority  of  the  other  members  of  the  Council  shall  be  defined  in  accordance  with 

Article  238(3)(a). 

Article  140 

(ex  Articles  121(1),  122(2),  second  sentence,  and  123(5)  TEC) 

of  economic  and  monetary  union.  These  reports  shall  include  an  examination  of  the  compatibility 
between  the  national  legislation  of  each  of  these  Member  States,  including  the  statutes  of  its  national 
central  bank,  and  Articles  130  and  131  and  the  Statute  of  the  ESCB  and  of  the  ECB.  The  reports 
shall  also  examine  the  achievement  of  a  high  degree  of  sustainable  convergence  by  reference  to  the 
fulfilment  by  each  Member  State  of  the  following  criteria: 

—  the  achievement  of  a  high  degree  of  price  stability;  this  will  be  apparent  from  a  rate  of  inflation 
which  is  close  to  that  of,  at  most,  the  three  best  performing  Member  States  in  terms  of  price 
stability, 

—  the sustainability of the government  financial position; this will be  apparent  from  having achieved 
a  government  budgetary  position  without  a  deficit  that  is  excessive  as  determined  in  accordance 
with  Article  126(6), 

—  the  observance  of  the  normal  fluctuation  margins  provided  for  by  the  exchange-rate  mechanism 
of  the  European  Monetary  System,  for  at  least  two  years,  without  devaluing  against  the  euro, 

—  the  durability  of  convergence  achieved  by  the  Member  State  with  a  derogation  and  of  its 
participation  in  the  exchange-rate  mechanism  being  reflected  in  the  long-term  interest-rate  levels. 

The  four  criteria  mentioned  in  this  paragraph  and  the  relevant  periods  over  which  they  are  to  be 
respected are developed further in a Protocol annexed to the Treaties. The reports of the  Commission 
and  the  European  Central  Bank  shall  also  take  account  of  the  results  of  the  integration  of  markets, 
the  situation  and  development  of  the  balances  of  payments  on  current  account  and  an  examination 
of  the  development  of  unit  labour  costs  and  other  price  indices. 

2.  After  consulting  the  European  Parliament  and  after  discussion  in  the  European  Council, 
the  Council  shall,  on  a  proposal  from  the  Commission,  decide  which  Member  States  with  a 
derogation  fulfil  the  necessary  conditions  on  the  basis  of  the  criteria  set  out  in  paragraph  1,  and 
abrogate  the  derogations  of  the  Member  States  concerned. 

The  Council  shall  act  having  received  a  recommendation  of  a  qualified  majority  of  those  among  its 
members  representing  Member  States  whose  currency  is  the  euro.  These  members  shall  act  within  six 
months  of  the  Council  receiving  the  Commission's  proposal. 

The  qualified  majority  of  the  said  members,  as  referred  to  in  the  second  subparagraph,  shall  be 
defined  in  accordance  with  Article  238(3)(a). 

1.  At  least  once  every  two  years,  or  at  the  request  of  a  Member  State  with  a  derogation,  the 

Commission  and  the  European  Central  Bank  shall  report  to  the  Council  on  the  progress  made  by  the 

Member  States  with  a  derogation 

in 

fulfilling  their  obligations  regarding  the  achievement

3. 
If  it  is  decided,  in  accordance  with  the  procedure  set  out  in  paragraph  2,  to  abrogate  a 
derogation,  the  Council  shall,  acting  with  the  unanimity  of  the  Member  States  whose  currency  is 
the  euro  and  the  Member  State  concerned,  on  a  proposal  from  the  Commission  and  after  consulting

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/110 
110110

EN 

Official Journal of the European Union 

7.6.2016

the  European  Central  Bank,  irrevocably  fix  the  rate  at  which  the  euro  shall  be  substituted  for  the 
currency  of  the  Member  State  concerned,  and  take  the  other  measures  necessary  for  the  introduction 
of  the  euro  as  the  single  currency  in  the  Member  State  concerned. 

Article  141 

(ex  Articles  123(3)  and  117(2)  first  five  indents,  TEC) 

1. 
If  and  as  long  as  there  are  Member  States  with  a  derogation,  and  without  prejudice  to 
Article  129(1),  the  General  Council  of  the  European  Central  Bank  referred  to  in  Article  44  of 
the  Statute  of  the  ESCB  and  of  the  ECB  shall  be  constituted  as  a  third  decision-making  body  of  the 
European  Central  Bank. 

If  and  as  long  as  there  are  Member  States  with  a  derogation,  the  European  Central  Bank  shall, 

2. 
as  regards  those  Member  States: 

—  strengthen  cooperation  between  the  national  central  banks, 

—  strengthen  the  coordination  of  the  monetary  policies  of  the  Member  States,  with  the  aim  of 

ensuring  price  stability, 

—  monitor  the  functioning  of  the  exchange-rate  mechanism, 

—  hold  consultations  concerning  issues  falling  within  the  competence  of  the  national  central  banks 

and  affecting  the  stability  of  financial  institutions  and  markets, 

—  carry  out  the  former  tasks  of  the  European  Monetary  Cooperation  Fund  which  had  subsequently 

been  taken  over  by  the  European  Monetary  Institute. 

Article  142 

(ex  Article  124(1)  TEC) 

Each  Member  State  with  a  derogation  shall  treat  its  exchange-rate  policy  as  a  matter  of  common 
interest.  In  so  doing,  Member  States  shall  take  account  of  the  experience  acquired  in  cooperation 
within  the  framework  of  the  exchange-rate  mechanism. 

Article  143 

(ex  Article  119  TEC) 

1.  Where  a  Member  State  with  a  derogation  is  in  difficulties  or  is  seriously  threatened  with 
difficulties  as  regards  its  balance  of  payments  either  as  a  result  of  an  overall  disequilibrium  in  its 
balance  of  payments,  or  as  a  result  of  the  type  of  currency  at  its  disposal,  and  where  such  difficulties 
are  liable  in  particular  to  jeopardise  the  functioning  of  the  internal  market  or  the  implementation  of 
the  common  commercial  policy,  the  Commission  shall  immediately  investigate  the  position  of  the 
State  in  question  and  the  action  which,  making  use  of  all  the  means  at  its  disposal,  that  State  has 
taken  or  may  take  in  accordance  with  the  provisions  of  the  Treaties.  The  Commission  shall  state 
what  measures  it  recommends  the  State  concerned  to  take.

Consolidated TreatiesConsolidated Treaties 
C  202/110 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/111
111111

the  European  Central  Bank,  irrevocably  fix  the  rate  at  which  the  euro  shall  be  substituted  for  the 

currency  of  the  Member  State  concerned,  and  take  the  other  measures  necessary  for  the  introduction 

of  the  euro  as  the  single  currency  in  the  Member  State  concerned. 

If  the  action  taken  by  a  Member  State  with  a  derogation  and  the  measures  suggested  by 
the  Commission  do  not  prove  sufficient  to  overcome  the  difficulties  which  have  arisen  or  which 
threaten,  the  Commission  shall,  after  consulting  the  Economic  and  Financial  Committee,  recommend 
to  the  Council  the  granting  of  mutual  assistance  and  appropriate  methods  therefor. 

The  Commission  shall  keep  the  Council  regularly  informed  of  the  situation  and  of  how  it  is  devel­
oping. 

The  Council  shall  grant  such  mutual  assistance;  it  shall  adopt  directives  or  decisions  laying 

2. 
down  the  conditions  and  details  of  such  assistance,  which  may  take  such  forms  as: 

(a)  a  concerted  approach  to  or  within  any  other  international  organisations  to  which  Member  States 

with  a  derogation  may  have  recourse; 

(b)  measures  needed  to  avoid  deflection  of  trade  where  the  Member  State  with  a  derogation  which  is 

in  difficulties  maintains  or  reintroduces  quantitative  restrictions  against  third  countries; 

(c)  the  granting  of  limited  credits  by  other  Member  States,  subject  to  their  agreement. 

3. 
If  the  mutual  assistance  recommended  by  the  Commission  is  not  granted  by  the  Council  or  if 
the  mutual  assistance  granted  and  the  measures taken  are insufficient, the  Commission  shall  authorise 
the  Member  State  with  a  derogation  which  is  in  difficulties  to  take  protective  measures,  the 
conditions  and  details  of  which  the  Commission  shall  determine. 

Such  authorisation  may  be  revoked  and  such  conditions  and  details  may  be  changed  by  the  Council. 

Article  144 

(ex  Article  120  TEC) 

1.  Where  a  sudden  crisis  in  the  balance  of  payments  occurs  and  a  decision  within  the  meaning  of 
Article  143(2)  is  not  immediately  taken,  a  Member  State  with  a  derogation  may,  as  a  precaution, 
take  the  necessary  protective  measures.  Such  measures  must  cause  the  least  possible  disturbance  in 
the  functioning  of  the  internal  market  and  must  not  be  wider  in  scope  than  is  strictly  necessary  to 
remedy  the  sudden  difficulties  which  have  arisen. 

2. 
The  Commission  and  the  other  Member  States  shall  be  informed  of  such  protective  measures 
not  later  than  when  they  enter  into  force.  The  Commission  may  recommend  to  the  Council  the 
granting  of  mutual  assistance  under  Article  143. 

Article  141 

(ex  Articles  123(3)  and  117(2)  first  five  indents,  TEC) 

1. 

If  and  as  long  as  there  are  Member  States  with  a  derogation,  and  without  prejudice  to 

Article  129(1),  the  General  Council  of  the  European  Central  Bank  referred  to  in  Article  44  of 

the  Statute  of  the  ESCB  and  of  the  ECB  shall  be  constituted  as  a  third  decision-making  body  of  the 

European  Central  Bank. 

2. 

If  and  as  long  as  there  are  Member  States  with  a  derogation,  the  European  Central  Bank  shall, 

as  regards  those  Member  States: 

—  strengthen  cooperation  between  the  national  central  banks, 

—  strengthen  the  coordination  of  the  monetary  policies  of  the  Member  States,  with  the  aim  of 

ensuring  price  stability, 

—  monitor  the  functioning  of  the  exchange-rate  mechanism, 

—  hold  consultations  concerning  issues  falling  within  the  competence  of  the  national  central  banks 

and  affecting  the  stability  of  financial  institutions  and  markets, 

—  carry  out  the  former  tasks  of  the  European  Monetary  Cooperation  Fund  which  had  subsequently 

been  taken  over  by  the  European  Monetary  Institute. 

Each  Member  State  with  a  derogation  shall  treat  its  exchange-rate  policy  as  a  matter  of  common 

interest.  In  so  doing,  Member  States  shall  take  account  of  the  experience  acquired  in  cooperation 

within  the  framework  of  the  exchange-rate  mechanism. 

Article  142 

(ex  Article  124(1)  TEC) 

Article  143 

(ex  Article  119  TEC) 

1.  Where  a  Member  State  with  a  derogation  is  in  difficulties  or  is  seriously  threatened  with 

difficulties  as  regards  its  balance  of  payments  either  as  a  result  of  an  overall  disequilibrium  in  its 

balance  of  payments,  or  as  a  result  of  the  type  of  currency  at  its  disposal,  and  where  such  difficulties 

are  liable  in  particular  to  jeopardise  the  functioning  of  the  internal  market  or  the  implementation  of 

the  common  commercial  policy,  the  Commission  shall  immediately  investigate  the  position  of  the 

State  in  question  and  the  action  which,  making  use  of  all  the  means  at  its  disposal,  that  State  has 

taken  or  may  take  in  accordance  with  the  provisions  of  the  Treaties.  The  Commission  shall  state 

what  measures  it  recommends  the  State  concerned  to  take.

3.  After 
the  Economic  and 
Financial  Committee  has  been  consulted,  the  Council  may  decide  that  the  Member  State 
concerned  shall  amend,  suspend  or  abolish  the  protective  measures  referred  to  above.

the  Commission  has  delivered  a 

recommendation  and 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/112 
112112

EN 

Official Journal of the European Union 

7.6.2016

TITLE  IX 

EMPLOYMENT 

Article  145 

(ex  Article  125  TEC) 

Member  States  and  the  Union  shall,  in  accordance  with  this  Title,  work  towards  developing  a 
coordinated  strategy  for  employment  and  particularly  for  promoting  a  skilled,  trained  and 
adaptable  workforce  and  labour  markets  responsive  to  economic  change  with  a  view  to  achieving 
the  objectives  defined  in  Article  3  of  the  Treaty  on  European  Union. 

Article  146 

(ex  Article  126  TEC) 

1.  Member  States,  through  their  employment  policies,  shall  contribute  to  the  achievement  of  the 
objectives  referred  to  in  Article  145  in  a  way  consistent  with  the  broad  guidelines  of  the  economic 
policies  of  the  Member  States  and  of  the  Union  adopted  pursuant  to  Article  121(2). 

2.  Member  States,  having  regard  to  national  practices  related  to  the  responsibilities  of 
management  and  labour,  shall  regard  promoting  employment  as  a  matter  of  common  concern 
and  shall  coordinate  their  action  in  this  respect  within  the  Council,  in  accordance  with  the  provisions 
of  Article  148. 

Article  147 

(ex  Article  127  TEC) 

1. 
The  Union  shall  contribute  to  a  high  level  of  employment  by  encouraging  cooperation  between 
Member  States  and  by  supporting  and,  if  necessary,  complementing  their  action.  In  doing  so,  the 
competences  of  the  Member  States  shall  be  respected. 

The  objective  of  a  high  level  of  employment  shall  be  taken  into  consideration  in  the  formu­

2. 
lation  and  implementation  of  Union  policies  and  activities. 

Article  148 

(ex  Article  128  TEC) 

1. 
The  European  Council  shall  each  year  consider  the  employment  situation  in  the  Union  and 
adopt  conclusions  thereon,  on  the  basis  of  a  joint  annual  report  by  the  Council  and  the  Commission. 

2.  On  the  basis  of  the  conclusions  of  the  European  Council,  the  Council,  on  a  proposal  from 
the  Commission  and  after  consulting  the  European  Parliament,  the  Economic  and  Social  Committee, 
the  Committee  of  the  Regions  and  the  Employment  Committee  referred  to  in  Article  150,  shall  each 
year  draw  up  guidelines  which  the  Member  States  shall  take  into  account  in  their  employment 
policies.  These  guidelines  shall  be  consistent  with  the  broad  guidelines  adopted  pursuant  to 
Article  121(2).

Consolidated TreatiesConsolidated Treaties 
Member  States  and  the  Union  shall,  in  accordance  with  this  Title,  work  towards  developing  a 

coordinated  strategy  for  employment  and  particularly  for  promoting  a  skilled,  trained  and 

adaptable  workforce  and  labour  markets  responsive  to  economic  change  with  a  view  to  achieving 

the  objectives  defined  in  Article  3  of  the  Treaty  on  European  Union. 

1.  Member  States,  through  their  employment  policies,  shall  contribute  to  the  achievement  of  the 

objectives  referred  to  in  Article  145  in  a  way  consistent  with  the  broad  guidelines  of  the  economic 

policies  of  the  Member  States  and  of  the  Union  adopted  pursuant  to  Article  121(2). 

2.  Member  States,  having  regard  to  national  practices  related  to  the  responsibilities  of 

management  and  labour,  shall  regard  promoting  employment  as  a  matter  of  common  concern 

and  shall  coordinate  their  action  in  this  respect  within  the  Council,  in  accordance  with  the  provisions 

of  Article  148. 

TITLE  IX 

EMPLOYMENT 

Article  145 

(ex  Article  125  TEC) 

Article  146 

(ex  Article  126  TEC) 

Article  147 

(ex  Article  127  TEC) 

Article  148 

(ex  Article  128  TEC) 

C  202/112 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/113
113113

3. 
Each  Member  State  shall  provide  the  Council  and  the  Commission  with  an  annual  report  on 
the  principal  measures  taken  to  implement  its  employment  policy  in  the  light  of  the  guidelines  for 
employment  as  referred  to  in  paragraph  2. 

4. 
The  Council,  on  the  basis  of  the  reports  referred  to  in  paragraph  3  and  having  received  the 
views  of  the  Employment  Committee,  shall  each  year  carry  out  an  examination  of  the  implemen­
tation  of  the  employment  policies  of  the  Member  States  in  the  light  of  the  guidelines  for 
employment.  The  Council,  on  a  recommendation  from  the  Commission,  may,  if  it  considers  it 
appropriate  in  the  light  of  that  examination,  make  recommendations  to  Member  States. 

5.  On  the  basis  of  the  results  of  that  examination,  the  Council  and  the  Commission  shall  make  a 
joint  annual  report  to  the  European  Council  on  the  employment  situation  in  the  Union  and  on  the 
implementation  of  the  guidelines  for  employment. 

Article  149 

(ex  Article  129  TEC) 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure  and  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of  the 
Regions,  may  adopt  incentive  measures  designed  to  encourage  cooperation  between  Member 
States  and  to  support  their  action  in  the  field  of  employment  through  initiatives  aimed  at  developing 
exchanges  of  information  and  best  practices,  providing  comparative  analysis  and  advice  as  well  as 
promoting 
to 
pilot  projects. 

innovative  approaches  and  evaluating  experiences, 

in  particular  by  recourse 

1. 

The  Union  shall  contribute  to  a  high  level  of  employment  by  encouraging  cooperation  between 

Member  States  and  by  supporting  and,  if  necessary,  complementing  their  action.  In  doing  so,  the 

competences  of  the  Member  States  shall  be  respected. 

Article  150 

(ex  Article  130  TEC) 

2. 

The  objective  of  a  high  level  of  employment  shall  be  taken  into  consideration  in  the  formu­

lation  and  implementation  of  Union  policies  and  activities. 

The  Council,  acting  by  a  simple  majority  after  consulting  the  European  Parliament,  shall  establish  an 
Employment  Committee  with  advisory  status  to  promote  coordination  between  Member  States  on 
employment  and  labour  market  policies.  The  tasks  of  the  Committee  shall  be: 

Those  measures  shall  not  include  harmonisation  of  the  laws  and  regulations  of  the  Member  States. 

1. 

The  European  Council  shall  each  year  consider  the  employment  situation  in  the  Union  and 

adopt  conclusions  thereon,  on  the  basis  of  a  joint  annual  report  by  the  Council  and  the  Commission. 

2.  On  the  basis  of  the  conclusions  of  the  European  Council,  the  Council,  on  a  proposal  from 

the  Commission  and  after  consulting  the  European  Parliament,  the  Economic  and  Social  Committee, 

the  Committee  of  the  Regions  and  the  Employment  Committee  referred  to  in  Article  150,  shall  each 

year  draw  up  guidelines  which  the  Member  States  shall  take  into  account  in  their  employment 

policies.  These  guidelines  shall  be  consistent  with  the  broad  guidelines  adopted  pursuant  to 

Article  121(2).

—  to  monitor  the  employment  situation  and  employment  policies  in  the  Member  States  and 

the  Union, 

—  without  prejudice  to  Article  240,  to  formulate  opinions  at  the  request  of  either  the  Council  or 
the  Commission  or  on  its  own  initiative,  and  to  contribute  to  the  preparation  of  the  Council 
proceedings  referred  to  in  Article  148. 

In  fulfilling  its  mandate,  the  Committee  shall  consult  management  and  labour. 

Each  Member  State  and  the  Commission  shall  appoint  two  members  of  the  Committee.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/114 
114114

EN 

Official Journal of the European Union 

7.6.2016

TITLE  X 

SOCIAL  POLICY 

Article  151 

(ex  Article  136  TEC) 

The  Union  and  the  Member  States,  having  in  mind  fundamental  social  rights  such  as  those  set  out  in 
the  European  Social  Charter  signed  at  Turin  on  18  October  1961  and  in  the  1989  Community 
Charter  of  the  Fundamental  Social  Rights  of  Workers,  shall  have  as  their  objectives  the  promotion  of 
employment,  improved  living  and  working  conditions,  so  as  to  make  possible  their  harmonisation 
while  the  improvement  is  being  maintained,  proper  social  protection,  dialogue  between  management 
and  labour,  the  development  of  human  resources  with  a  view  to  lasting  high  employment  and  the 
combating  of  exclusion. 

To  this  end  the  Union  and  the  Member  States  shall  implement  measures  which  take  account  of  the 
diverse  forms  of  national  practices,  in  particular  in  the  field  of  contractual  relations,  and  the  need  to 
maintain  the  competitiveness  of  the  Union  economy. 

They  believe  that  such  a  development  will  ensue  not  only  from  the  functioning  of  the  internal 
market,  which  will  favour  the  harmonisation  of  social  systems,  but  also  from  the  procedures 
provided  for  in  the  Treaties  and  from  the  approximation  of  provisions  laid  down  by  law,  regulation 
or  administrative  action. 

The  Union  recognises  and  promotes  the  role  of  the  social  partners at  its  level, taking  into  account  the 
diversity  of  national  systems.  It  shall  facilitate  dialogue  between  the  social  partners,  respecting  their 
autonomy. 

Article  152 

The  Tripartite  Social  Summit  for  Growth  and  Employment  shall  contribute  to  social  dialogue. 

Article  153 

(ex  Article  137  TEC) 

1.  With  a  view  to  achieving  the  objectives  of  Article  151,  the  Union  shall  support  and 
complement  the  activities  of  the  Member  States  in  the  following  fields: 

(a)  improvement  in  particular  of  the  working  environment  to  protect  workers'  health  and  safety; 

(b)  working  conditions; 

(c)  social  security  and  social  protection  of  workers; 

(d)  protection  of  workers  where  their  employment  contract  is  terminated; 

(e)  the  information  and  consultation  of  workers;

Consolidated TreatiesConsolidated Treaties 
C  202/114 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/115
115115

TITLE  X 

SOCIAL  POLICY 

Article  151 

(ex  Article  136  TEC) 

The  Union  and  the  Member  States,  having  in  mind  fundamental  social  rights  such  as  those  set  out  in 

the  European  Social  Charter  signed  at  Turin  on  18  October  1961  and  in  the  1989  Community 

Charter  of  the  Fundamental  Social  Rights  of  Workers,  shall  have  as  their  objectives  the  promotion  of 

employment,  improved  living  and  working  conditions,  so  as  to  make  possible  their  harmonisation 

while  the  improvement  is  being  maintained,  proper  social  protection,  dialogue  between  management 

and  labour,  the  development  of  human  resources  with  a  view  to  lasting  high  employment  and  the 

combating  of  exclusion. 

To  this  end  the  Union  and  the  Member  States  shall  implement  measures  which  take  account  of  the 

diverse  forms  of  national  practices,  in  particular  in  the  field  of  contractual  relations,  and  the  need  to 

maintain  the  competitiveness  of  the  Union  economy. 

They  believe  that  such  a  development  will  ensue  not  only  from  the  functioning  of  the  internal 

market,  which  will  favour  the  harmonisation  of  social  systems,  but  also  from  the  procedures 

provided  for  in  the  Treaties  and  from  the  approximation  of  provisions  laid  down  by  law,  regulation 

or  administrative  action. 

The  Union  recognises  and  promotes  the  role  of  the  social  partners at  its  level, taking  into  account  the 

diversity  of  national  systems.  It  shall  facilitate  dialogue  between  the  social  partners,  respecting  their 

autonomy. 

Article  152 

(f)  representation  and  collective  defence  of  the  interests  of  workers  and  employers,  including  co- 

determination,  subject  to  paragraph  5; 

(g)  conditions  of  employment  for  third-country  nationals  legally  residing  in  Union  territory; 

(h)  the  integration  of  persons  excluded  from  the  labour  market,  without  prejudice  to  Article  166; 

(i)  equality  between  men  and  women  with  regard  to  labour  market  opportunities  and  treatment 

at  work; 

(j)  the  combating  of  social  exclusion; 

(k)  the  modernisation  of  social  protection  systems  without  prejudice  to  point  (c). 

2. 

To  this  end,  the  European  Parliament  and  the  Council: 

(a)  may  adopt  measures  designed  to  encourage  cooperation  between  Member  States  through 
initiatives  aimed  at  improving  knowledge,  developing  exchanges  of  information  and  best  prac­
tices,  promoting  innovative  approaches  and  evaluating  experiences,  excluding  any  harmonisation 
of  the  laws  and  regulations  of  the  Member  States; 

(b)  may  adopt,  in  the  fields  referred  to  in  paragraph  1(a)  to  (i),  by  means  of  directives,  minimum 
requirements  for  gradual  implementation,  having  regard  to  the  conditions  and  technical  rules 
obtaining  in  each  of  the  Member  States.  Such  directives  shall  avoid  imposing  administrative, 
financial  and  legal  constraints  in  a  way  which  would  hold  back  the  creation  and  development  of 
small  and  medium-sized  undertakings. 

The  Tripartite  Social  Summit  for  Growth  and  Employment  shall  contribute  to  social  dialogue. 

The  European  Parliament  and  the  Council  shall  act  in  accordance  with  the  ordinary  legislative 
procedure  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of  the  Regions. 

Article  153 

(ex  Article  137  TEC) 

1.  With  a  view  to  achieving  the  objectives  of  Article  151,  the  Union  shall  support  and 

complement  the  activities  of  the  Member  States  in  the  following  fields: 

(a)  improvement  in  particular  of  the  working  environment  to  protect  workers'  health  and  safety; 

(b)  working  conditions; 

(c)  social  security  and  social  protection  of  workers; 

(d)  protection  of  workers  where  their  employment  contract  is  terminated; 

(e)  the  information  and  consultation  of  workers;

In  the  fields  referred  to  in  paragraph  1(c),  (d),  (f)  and  (g),  the  Council  shall  act  unanimously,  in 
accordance  with  a  special  legislative  procedure,  after  consulting  the  European  Parliament  and  the  said 
Committees. 

The  Council,  acting  unanimously  on  a  proposal  from  the  Commission,  after  consulting  the  European 
Parliament,  may  decide  to  render  the  ordinary  legislative  procedure  applicable  to  paragraph  1(d),  (f) 
and  (g). 

3.  A  Member  State  may  entrust  management  and  labour,  at  their  joint  request,  with  the  imple­
mentation  of  directives  adopted  pursuant  to  paragraph  2,  or,  where  appropriate,  with  the  imple­
mentation  of  a  Council  decision  adopted  in  accordance  with  Article  155. 

In  this  case,  it  shall  ensure  that,  no  later  than  the  date  on  which  a  directive  or  a  decision  must  be 
transposed  or  implemented,  management  and  labour  have  introduced  the  necessary  measures  by 
agreement,  the  Member  State  concerned  being  required  to  take  any  necessary  measure  enabling  it  at 
any  time  to  be  in  a  position  to  guarantee  the  results  imposed  by  that  directive  or  that  decision.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/116 
116116

EN 

Official Journal of the European Union 

7.6.2016

4. 

The  provisions  adopted  pursuant  to  this  Article: 

—  shall  not  affect  the  right  of  Member  States  to  define  the  fundamental  principles  of  their  social 

security  systems  and  must  not  significantly  affect  the  financial  equilibrium  thereof, 

—  shall  not  prevent  any  Member  State  from  maintaining  or  introducing  more  stringent  protective 

measures  compatible  with  the  Treaties. 

The  provisions  of  this  Article  shall  not  apply  to  pay,  the  right  of  association,  the  right  to  strike 

5. 
or  the  right  to  impose  lock-outs. 

Article  154 

(ex  Article  138  TEC) 

1. 
The  Commission  shall  have  the  task  of  promoting  the  consultation  of  management  and  labour 
at  Union  level  and  shall  take  any  relevant  measure  to  facilitate  their  dialogue  by  ensuring  balanced 
support  for  the  parties. 

To  this end, before  submitting  proposals in  the social policy field, the Commission  shall consult 

2. 
management  and  labour  on  the  possible  direction  of  Union  action. 

3. 
If,  after  such  consultation,  the  Commission  considers  Union  action  advisable,  it  shall  consult 
management  and  labour  on  the  content  of  the  envisaged  proposal.  Management  and  labour  shall 
forward  to  the  Commission  an  opinion  or,  where  appropriate,  a  recommendation. 

4.  On  the  occasion  of  the  consultation  referred to  in  paragraphs 2  and  3,  management  and  labour 
may  inform  the  Commission  of  their  wish  to  initiate  the  process  provided  for  in  Article  155. 
The  duration  of  this  process  shall  not  exceed  nine  months,  unless  the  management  and  labour 
concerned  and  the  Commission  decide  jointly  to  extend  it. 

Article  155 

(ex  Article  139  TEC) 

Should  management  and  labour  so  desire,  the  dialogue  between  them  at  Union  level  may  lead 

1. 
to  contractual  relations,  including  agreements. 

2.  Agreements  concluded  at  Union  level  shall  be  implemented  either  in  accordance  with  the 
procedures  and  practices  specific  to  management  and  labour  and  the  Member  States  or,  in 
matters  covered  by  Article  153,  at  the  joint  request  of  the  signatory  parties,  by  a  Council 
decision  on  a  proposal  from  the  Commission.  The  European  Parliament  shall  be  informed. 

The  Council  shall  act  unanimously  where  the  agreement  in  question  contains  one  or  more  provisions 
relating  to  one  of  the  areas  for  which  unanimity  is  required  pursuant  to  Article  153(2).

Consolidated TreatiesConsolidated Treaties 
C  202/116 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/117
117117

4. 

The  provisions  adopted  pursuant  to  this  Article: 

Article  156 

(ex  Article  140  TEC) 

—  shall  not  affect  the  right  of  Member  States  to  define  the  fundamental  principles  of  their  social 

security  systems  and  must  not  significantly  affect  the  financial  equilibrium  thereof, 

—  shall  not  prevent  any  Member  State  from  maintaining  or  introducing  more  stringent  protective 

measures  compatible  with  the  Treaties. 

With  a  view  to  achieving  the  objectives  of  Article  151  and  without  prejudice  to  the  other  provisions 
of  the  Treaties,  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, 

5. 

The  provisions  of  this  Article  shall  not  apply  to  pay,  the  right  of  association,  the  right  to  strike 

—  labour  law  and  working  conditions, 

or  the  right  to  impose  lock-outs. 

Article  154 

(ex  Article  138  TEC) 

1. 

The  Commission  shall  have  the  task  of  promoting  the  consultation  of  management  and  labour 

at  Union  level  and  shall  take  any  relevant  measure  to  facilitate  their  dialogue  by  ensuring  balanced 

support  for  the  parties. 

—  basic  and  advanced  vocational  training, 

—  social  security, 

—  prevention  of  occupational  accidents  and  diseases, 

—  occupational  hygiene, 

2. 

To  this end, before  submitting  proposals in  the social policy field, the Commission  shall consult 

management  and  labour  on  the  possible  direction  of  Union  action. 

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

3. 

If,  after  such  consultation,  the  Commission  considers  Union  action  advisable,  it  shall  consult 

management  and  labour  on  the  content  of  the  envisaged  proposal.  Management  and  labour  shall 

forward  to  the  Commission  an  opinion  or,  where  appropriate,  a  recommendation. 

4.  On  the  occasion  of  the  consultation  referred to  in  paragraphs 2  and  3,  management  and  labour 

may  inform  the  Commission  of  their  wish  to  initiate  the  process  provided  for  in  Article  155. 

The  duration  of  this  process  shall  not  exceed  nine  months,  unless  the  management  and  labour 

concerned  and  the  Commission  decide  jointly  to  extend  it. 

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,  in  particular  initiatives aiming  at  the  establishment  of 
guidelines  and  indicators,  the  organisation  of  exchange  of  best  practice,  and  the  preparation  of  the 
necessary  elements  for  periodic  monitoring  and  evaluation.  The  European  Parliament  shall  be  kept 
fully  informed. 

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

Article  155 

(ex  Article  139  TEC) 

1. 

Should  management  and  labour  so  desire,  the  dialogue  between  them  at  Union  level  may  lead 

to  contractual  relations,  including  agreements. 

2.  Agreements  concluded  at  Union  level  shall  be  implemented  either  in  accordance  with  the 

procedures  and  practices  specific  to  management  and  labour  and  the  Member  States  or,  in 

matters  covered  by  Article  153,  at  the  joint  request  of  the  signatory  parties,  by  a  Council 

decision  on  a  proposal  from  the  Commission.  The  European  Parliament  shall  be  informed. 

Each  Member  State  shall  ensure  that  the  principle  of  equal  pay  for  male  and  female  workers  for 

1. 
equal  work  or  work  of  equal  value  is  applied. 

2. 
For  the  purpose  of  this  Article,  ‘pay’  means  the  ordinary  basic  or  minimum  wage  or  salary  and 
any  other  consideration,  whether  in  cash  or  in  kind,  which  the  worker  receives  directly  or  indirectly, 
in  respect  of  his  employment,  from  his  employer. 

Equal  pay  without  discrimination  based  on  sex  means: 

The  Council  shall  act  unanimously  where  the  agreement  in  question  contains  one  or  more  provisions 

(a)  that  pay  for  the  same  work  at  piece  rates  shall  be  calculated  on  the  basis  of  the  same  unit  of 

relating  to  one  of  the  areas  for  which  unanimity  is  required  pursuant  to  Article  153(2).

measurement;

Article  157 

(ex  Article  141  TEC) 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/118 
118118

EN 

Official Journal of the European Union 

7.6.2016

(b)  that  pay  for  work  at  time  rates  shall  be  the  same  for  the  same  job. 

3. 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  and  after  consulting  the  Economic  and  Social  Committee,  shall  adopt  measures  to  ensure 
the  application  of  the  principle  of  equal  opportunities  and  equal  treatment  of  men  and  women  in 
matters  of  employment  and  occupation,  including  the  principle  of  equal  pay  for  equal  work  or  work 
of  equal  value. 

4.  With  a  view  to  ensuring  full  equality  in  practice  between  men  and  women  in  working  life,  the 
principle  of  equal  treatment  shall  not  prevent  any  Member  State  from  maintaining  or  adopting 
measures  providing  for  specific  advantages  in  order  to  make  it  easier  for  the  underrepresented  sex 
to  pursue  a  vocational  activity  or  to  prevent  or  compensate  for  disadvantages  in  professional  careers. 

Member  States  shall  endeavour  to  maintain  the  existing  equivalence  between  paid  holiday  schemes. 

Article  158 

(ex  Article  142  TEC) 

Article  159 

(ex  Article  143  TEC) 

The  Commission  shall  draw  up  a  report  each  year  on  progress  in  achieving  the  objectives  of 
Article  151,  including  the  demographic  situation  in  the  Union.  It  shall  forward  the  report  to  the 
European  Parliament,  the  Council  and  the  Economic  and  Social  Committee. 

Article  160 

(ex  Article  144  TEC) 

The  Council,  acting  by  a  simple  majority  after  consulting  the  European  Parliament,  shall  establish  a 
Social  Protection  Committee  with  advisory  status  to  promote  cooperation  on  social  protection 
policies  between  Member  States  and  with  the  Commission.  The  tasks  of  the  Committee  shall  be: 

—  to  monitor  the  social  situation  and  the  development  of  social  protection  policies  in  the  Member 

States  and  the  Union, 

—  to  promote  exchanges  of  information,  experience  and  good  practice  between  Member  States  and 

with  the  Commission, 

—  without prejudice to  Article  240,  to  prepare reports, formulate  opinions or  undertake other  work 
within  its  fields  of  competence,  at  the  request  of  either  the  Council  or  the  Commission  or  on  its 
own  initiative. 

In  fulfilling  its  mandate,  the  Committee  shall  establish  appropriate  contacts  with  management 
and  labour.

Consolidated TreatiesConsolidated Treaties 
C  202/118 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/119
119119

(b)  that  pay  for  work  at  time  rates  shall  be  the  same  for  the  same  job. 

Each  Member  State  and  the  Commission  shall  appoint  two  members  of  the  Committee. 

3. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

procedure,  and  after  consulting  the  Economic  and  Social  Committee,  shall  adopt  measures  to  ensure 

the  application  of  the  principle  of  equal  opportunities  and  equal  treatment  of  men  and  women  in 

matters  of  employment  and  occupation,  including  the  principle  of  equal  pay  for  equal  work  or  work 

of  equal  value. 

4.  With  a  view  to  ensuring  full  equality  in  practice  between  men  and  women  in  working  life,  the 

principle  of  equal  treatment  shall  not  prevent  any  Member  State  from  maintaining  or  adopting 

measures  providing  for  specific  advantages  in  order  to  make  it  easier  for  the  underrepresented  sex 

to  pursue  a  vocational  activity  or  to  prevent  or  compensate  for  disadvantages  in  professional  careers. 

Article  161 

(ex  Article  145  TEC) 

The  Commission  shall  include  a  separate  chapter  on  social  developments  within  the  Union  in  its 
annual  report  to  the  European  Parliament. 

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

Article  158 

(ex  Article  142  TEC) 

Article  159 

(ex  Article  143  TEC) 

Article  160 

(ex  Article  144  TEC) 

Member  States  shall  endeavour  to  maintain  the  existing  equivalence  between  paid  holiday  schemes. 

TITLE  XI 

THE  EUROPEAN  SOCIAL  FUND 

Article  162 

(ex  Article  146  TEC) 

The  Commission  shall  draw  up  a  report  each  year  on  progress  in  achieving  the  objectives  of 

Article  151,  including  the  demographic  situation  in  the  Union.  It  shall  forward  the  report  to  the 

European  Parliament,  the  Council  and  the  Economic  and  Social  Committee. 

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  Union,  and  to  facilitate  their 
adaptation  to  industrial  changes  and  to  changes  in  production  systems,  in  particular  through  voca­
tional  training  and  retraining. 

The  Council,  acting  by  a  simple  majority  after  consulting  the  European  Parliament,  shall  establish  a 

Social  Protection  Committee  with  advisory  status  to  promote  cooperation  on  social  protection 

policies  between  Member  States  and  with  the  Commission.  The  tasks  of  the  Committee  shall  be: 

—  to  monitor  the  social  situation  and  the  development  of  social  protection  policies  in  the  Member 

The  Fund  shall  be  administered  by  the  Commission. 

Article  163 

(ex  Article  147  TEC) 

States  and  the  Union, 

with  the  Commission, 

own  initiative. 

and  labour.

—  to  promote  exchanges  of  information,  experience  and  good  practice  between  Member  States  and 

The  Commission  shall  be  assisted  in  this  task  by  a  Committee  presided  over  by  a  Member  of 
trade  unions  and 
the  Commission  and  composed  of 
employers'  organisations. 

representatives  of  governments, 

—  without prejudice to  Article  240,  to  prepare reports, formulate  opinions or  undertake other  work 

within  its  fields  of  competence,  at  the  request  of  either  the  Council  or  the  Commission  or  on  its 

Article  164 

(ex  Article  148  TEC) 

In  fulfilling  its  mandate,  the  Committee  shall  establish  appropriate  contacts  with  management 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure  and  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of  the 
Regions,  shall  adopt  implementing  regulations  relating  to  the  European  Social  Fund.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/120 
120120

EN 

Official Journal of the European Union 

7.6.2016

EDUCATION,  VOCATIONAL  TRAINING,  YOUTH  AND  SPORT 

TITLE  XII 

Article  165 

(ex  Article  149  TEC) 

1. 
The  Union  shall  contribute  to  the  development  of  quality  education  by  encouraging 
cooperation  between  Member  States  and,  if  necessary,  by  supporting  and  supplementing  their 
action,  while  fully  respecting  the  responsibility  of  the  Member  States  for  the  content  of  teaching 
and  the  organisation  of  education  systems  and  their  cultural  and  linguistic  diversity. 

The  Union  shall  contribute  to  the  promotion  of  European  sporting  issues,  while  taking  account  of 
the  specific  nature  of  sport, 
its  social  and 
educational  function. 

its  structures  based  on  voluntary  activity  and 

2. 

Union  action  shall  be  aimed  at: 

—  developing  the  European  dimension  in  education,  particularly  through  the  teaching  and  dissemi­

nation  of  the  languages  of  the  Member  States, 

—  encouraging  mobility  of  students  and  teachers,  by  encouraging  inter  alia,  the  academic  recog­

nition  of  diplomas  and  periods  of  study, 

—  promoting  cooperation  between  educational  establishments, 

—  developing  exchanges  of  information  and  experience  on  issues  common  to  the  education  systems 

of  the  Member  States, 

—  encouraging  the  development  of  youth  exchanges  and  of  exchanges  of  socio-educational 
instructors,  and  encouraging  the  participation  of  young  people  in  democratic  life  in  Europe, 

—  encouraging  the  development  of  distance  education, 

—  developing  the  European  dimension  in  sport,  by  promoting  fairness  and  openness  in  sporting 
competitions  and  cooperation  between  bodies  responsible  for  sports,  and  by  protecting  the 
physical  and  moral 
the  youngest 
sportsmen  and  sportswomen. 

integrity  of  sportsmen  and  sportswomen,  especially 

The  Union  and  the  Member  States  shall  foster  cooperation  with  third  countries  and  the 
in  the  field  of  education  and  sport,  in  particular  the 

international  organisations 

3. 
competent 
Council  of  Europe. 

4. 

In  order  to  contribute  to  the  achievement  of  the  objectives  referred  to  in  this  Article: 

—  the  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of  the 
Regions,  shall  adopt  incentive  measures,  excluding  any  harmonisation  of  the  laws  and  regulations 
of  the  Member  States,

Consolidated TreatiesConsolidated Treaties 
C  202/120 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/121
121121

TITLE  XII 

—  the  Council,  on  a  proposal  from  the  Commission,  shall  adopt  recommendations. 

EDUCATION,  VOCATIONAL  TRAINING,  YOUTH  AND  SPORT 

Article  165 

(ex  Article  149  TEC) 

1. 

The  Union  shall  contribute  to  the  development  of  quality  education  by  encouraging 

cooperation  between  Member  States  and,  if  necessary,  by  supporting  and  supplementing  their 

action,  while  fully  respecting  the  responsibility  of  the  Member  States  for  the  content  of  teaching 

and  the  organisation  of  education  systems  and  their  cultural  and  linguistic  diversity. 

The  Union  shall  contribute  to  the  promotion  of  European  sporting  issues,  while  taking  account  of 

the  specific  nature  of  sport, 

its  structures  based  on  voluntary  activity  and 

its  social  and 

educational  function. 

2. 

Union  action  shall  be  aimed  at: 

—  developing  the  European  dimension  in  education,  particularly  through  the  teaching  and  dissemi­

nation  of  the  languages  of  the  Member  States, 

—  encouraging  mobility  of  students  and  teachers,  by  encouraging  inter  alia,  the  academic  recog­

nition  of  diplomas  and  periods  of  study, 

Article  166 

(ex  Article  150  TEC) 

1. 
The  Union  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. 

Union  action  shall  aim  to: 

—  facilitate  adaptation 
and  retraining, 

to 

industrial  changes, 

in  particular 

through  vocational 

training 

—  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, 

—  promoting  cooperation  between  educational  establishments, 

—  stimulate  cooperation  on  training  between  educational  or  training  establishments  and  firms, 

—  developing  exchanges  of  information  and  experience  on  issues  common  to  the  education  systems 

—  develop  exchanges  of  information  and  experience  on  issues  common  to  the  training  systems  of 

the  Member  States. 

of  the  Member  States, 

—  encouraging  the  development  of  youth  exchanges  and  of  exchanges  of  socio-educational 

instructors,  and  encouraging  the  participation  of  young  people  in  democratic  life  in  Europe, 

—  encouraging  the  development  of  distance  education, 

—  developing  the  European  dimension  in  sport,  by  promoting  fairness  and  openness  in  sporting 

competitions  and  cooperation  between  bodies  responsible  for  sports,  and  by  protecting  the 

physical  and  moral 

integrity  of  sportsmen  and  sportswomen,  especially 

the  youngest 

sportsmen  and  sportswomen. 

3. 

The  Union  and  the  Member  States  shall  foster  cooperation  with  third  countries  and  the 

competent 

international  organisations 

in  the  field  of  education  and  sport,  in  particular  the 

Council  of  Europe. 

4. 

In  order  to  contribute  to  the  achievement  of  the  objectives  referred  to  in  this  Article: 

—  the  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

procedure,  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of  the 

Regions,  shall  adopt  incentive  measures,  excluding  any  harmonisation  of  the  laws  and  regulations 

of  the  Member  States,

The  Union  and  the  Member  States  shall  foster  cooperation  with  third  countries  and  the 

3. 
competent  international  organisations  in  the  sphere  of  vocational  training. 

4. 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure  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,  and 
the  Council,  on  a  proposal  from  the  Commission,  shall  adopt  recommendations. 

TITLE  XIII 

CULTURE 

Article  167 

(ex  Article  151  TEC) 

1. 
The  Union  shall  contribute  to  the  flowering  of  the  cultures  of  the  Member  States,  while 
respecting  their  national  and  regional  diversity  and  at  the  same  time  bringing  the  common 
cultural  heritage  to  the  fore.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/122 
122122

EN 

Official Journal of the European Union 

7.6.2016

2.  Action  by  the  Union  shall  be  aimed  at  encouraging  cooperation  between  Member  States  and,  if 
necessary,  supporting  and  supplementing  their  action  in  the  following  areas: 

—  improvement  of 

the  knowledge  and  dissemination  of 

the  culture  and  history  of 

the 

European  peoples, 

—  conservation  and  safeguarding  of  cultural  heritage  of  European  significance, 

—  non-commercial  cultural  exchanges, 

—  artistic  and  literary  creation,  including  in  the  audiovisual  sector. 

The  Union  and  the  Member  States  shall  foster  cooperation  with  third  countries  and  the 
3. 
competent  international  organisations  in  the  sphere  of  culture,  in  particular  the  Council  of  Europe. 

The  Union  shall  take  cultural  aspects  into  account  in  its  action  under  other  provisions  of  the 

4. 
Treaties,  in  particular  in  order  to  respect  and  to  promote  the  diversity  of  its  cultures. 

5. 

In  order  to  contribute  to  the  achievement  of  the  objectives  referred  to  in  this  Article: 

—  the  European  Parliament  and  the  Council  acting  in  accordance  with  the  ordinary  legislative 
procedure  and  after  consulting  the  Committee  of  the  Regions,  shall  adopt  incentive  measures, 
excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member  States, 

—  the  Council,  on  a  proposal  from  the  Commission,  shall  adopt  recommendations. 

TITLE  XIV 

PUBLIC  HEALTH 

Article  168 

(ex  Article  152  TEC) 

1.  A  high  level  of  human  health  protection  shall  be  ensured  in  the  definition  and  implementation 
of  all  Union  policies  and  activities. 

Union  action,  which  shall  complement  national  policies,  shall  be  directed  towards  improving  public 
health,  preventing  physical  and  mental  illness  and  diseases,  and  obviating  sources  of  danger  to 
physical  and  mental  health.  Such  action  shall  cover  the  fight  against  the  major  health  scourges, 
by  promoting  research  into  their  causes,  their  transmission  and  their  prevention,  as  well  as  health 
information  and  education,  and  monitoring,  early  warning  of  and  combating  serious  cross-border 
threats  to  health. 

The  Union  shall  complement  the  Member  States'  action  in  reducing  drugs-related  health  damage, 
including  information  and  prevention.

Consolidated TreatiesConsolidated Treaties 
C  202/122 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/123
123123

2.  Action  by  the  Union  shall  be  aimed  at  encouraging  cooperation  between  Member  States  and,  if 

necessary,  supporting  and  supplementing  their  action  in  the  following  areas: 

—  improvement  of 

the  knowledge  and  dissemination  of 

the  culture  and  history  of 

the 

European  peoples, 

—  conservation  and  safeguarding  of  cultural  heritage  of  European  significance, 

—  non-commercial  cultural  exchanges, 

—  artistic  and  literary  creation,  including  in  the  audiovisual  sector. 

3. 

The  Union  and  the  Member  States  shall  foster  cooperation  with  third  countries  and  the 

competent  international  organisations  in  the  sphere  of  culture,  in  particular  the  Council  of  Europe. 

4. 

The  Union  shall  take  cultural  aspects  into  account  in  its  action  under  other  provisions  of  the 

Treaties,  in  particular  in  order  to  respect  and  to  promote  the  diversity  of  its  cultures. 

5. 

In  order  to  contribute  to  the  achievement  of  the  objectives  referred  to  in  this  Article: 

2. 
The  Union  shall  encourage  cooperation  between  the  Member  States  in  the  areas  referred  to  in 
this  Article  and,  if  necessary,  lend  support  to  their  action.  It  shall  in  particular  encourage  cooperation 
between  the  Member  States  to  improve  the  complementarity  of  their  health  services  in  cross-border 
areas. 

Member  States  shall,  in  liaison  with  the  Commission,  coordinate  among  themselves  their  policies  and 
programmes  in  the  areas  referred  to  in  paragraph  1.  The  Commission  may,  in  close  contact  with  the 
Member  States,  take  any  useful  initiative  to  promote  such  coordination,  in  particular  initiatives 
aiming  at  the  establishment  of  guidelines  and  indicators,  the  organisation  of  exchange  of  best 
practice,  and  the  preparation  of  the  necessary  elements  for  periodic  monitoring  and  evaluation. 
The  European  Parliament  shall  be  kept  fully  informed. 

The  Union  and  the  Member  States  shall  foster  cooperation  with  third  countries  and  the 

3. 
competent  international  organisations  in  the  sphere  of  public  health. 

4. 
By  way of  derogation  from  Article  2(5)  and  Article  6(a)  and  in  accordance with Article  4(2)(k) 
the  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure  and  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of  the 
Regions,  shall  contribute  to  the  achievement  of  the  objectives  referred  to  in  this  Article  through 
adopting  in  order  to  meet  common  safety  concerns: 

—  the  European  Parliament  and  the  Council  acting  in  accordance  with  the  ordinary  legislative 

procedure  and  after  consulting  the  Committee  of  the  Regions,  shall  adopt  incentive  measures, 

excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member  States, 

(a)  measures  setting  high  standards  of  quality  and  safety  of  organs  and  substances  of  human  origin, 
blood  and  blood  derivatives;  these  measures  shall  not  prevent  any  Member  State  from  main­
taining  or  introducing  more  stringent  protective  measures; 

—  the  Council,  on  a  proposal  from  the  Commission,  shall  adopt  recommendations. 

(b)  measures  in  the  veterinary  and  phytosanitary  fields  which  have  as  their  direct  objective  the 

protection  of  public  health; 

TITLE  XIV 

PUBLIC  HEALTH 

Article  168 

(ex  Article  152  TEC) 

1.  A  high  level  of  human  health  protection  shall  be  ensured  in  the  definition  and  implementation 

of  all  Union  policies  and  activities. 

Union  action,  which  shall  complement  national  policies,  shall  be  directed  towards  improving  public 

health,  preventing  physical  and  mental  illness  and  diseases,  and  obviating  sources  of  danger  to 

physical  and  mental  health.  Such  action  shall  cover  the  fight  against  the  major  health  scourges, 

by  promoting  research  into  their  causes,  their  transmission  and  their  prevention,  as  well  as  health 

information  and  education,  and  monitoring,  early  warning  of  and  combating  serious  cross-border 

threats  to  health. 

(c)  measures  setting  high  standards  of  quality  and  safety  for  medicinal  products  and  devices  for 

medical  use. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
5. 
procedure  and  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of  the 
Regions,  may  also  adopt  incentive  measures  designed  to  protect  and  improve  human  health  and 
in  particular  to  combat  the  major  cross-border  health  scourges,  measures  concerning  monitoring, 
early  warning  of  and  combating  serious  cross-border  threats  to  health,  and  measures  which  have  as 
their  direct  objective  the  protection  of  public  health  regarding  tobacco  and  the  abuse  of  alcohol, 
excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member  States. 

The  Council,  on  a  proposal  from  the  Commission,  may  also  adopt  recommendations  for  the 

6. 
purposes  set  out  in  this  Article. 

The  Union  shall  complement  the  Member  States'  action  in  reducing  drugs-related  health  damage, 

including  information  and  prevention.

Union  action  shall  respect  the  responsibilities  of  the  Member  States  for  the  definition  of  their 
7. 
health  policy  and  for  the  organisation  and  delivery  of  health  services  and  medical  care.  The

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/124 
124124

EN 

Official Journal of the European Union 

7.6.2016

responsibilities  of  the  Member  States  shall  include  the  management  of  health  services  and  medical 
care and  the  allocation  of  the  resources  assigned  to  them.  The  measures  referred to  in  paragraph  4(a) 
shall  not  affect  national  provisions  on  the  donation  or  medical  use  of  organs  and  blood. 

TITLE  XV 

CONSUMER  PROTECTION 

Article  169 

(ex  Article  153  TEC) 

1. 
In  order  to  promote  the  interests  of  consumers  and  to  ensure  a  high  level  of  consumer 
protection,  the  Union  shall  contribute  to  protecting  the  health,  safety  and  economic  interests  of 
consumers,  as  well  as  to  promoting  their  right  to  information,  education  and  to  organise  themselves 
in  order  to  safeguard  their  interests. 

2. 
The  Union 
paragraph  1  through: 

shall  contribute 

to 

the  attainment  of 

the  objectives 

referred 

to 

in 

(a)  measures  adopted  pursuant  to  Article  114 

in  the  context  of  the  completion  of  the 

internal  market; 

(b)  measures  which  support,  supplement  and  monitor  the  policy  pursued  by  the  Member  States. 

3. 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure  and  after  consulting  the  Economic  and  Social  Committee,  shall  adopt  the  measures 
referred  to  in  paragraph  2(b). 

4.  Measures  adopted  pursuant  to  paragraph  3  shall  not  prevent  any  Member  State  from  main­
taining  or  introducing  more  stringent  protective  measures.  Such  measures  must  be  compatible  with 
the  Treaties.  The  Commission  shall  be  notified  of  them. 

TITLE  XVI 

TRANS-EUROPEAN  NETWORKS 

Article  170 

(ex  Article  154  TEC) 

1. 
To  help  achieve  the  objectives  referred  to  in  Articles  26  and  174  and  to  enable  citizens  of 
the  Union,  economic  operators  and  regional  and  local  communities  to  derive  full  benefit  from  the 
setting-up  of  an  area  without  internal  frontiers,  the  Union  shall  contribute  to  the  establishment  and 
development  of  trans-European  networks  in  the  areas  of  transport,  telecommunications  and  energy 
infrastructures.

Consolidated TreatiesConsolidated Treaties 
C  202/124 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/125
125125

responsibilities  of  the  Member  States  shall  include  the  management  of  health  services  and  medical 

care and  the  allocation  of  the  resources  assigned  to  them.  The  measures  referred to  in  paragraph  4(a) 

shall  not  affect  national  provisions  on  the  donation  or  medical  use  of  organs  and  blood. 

2.  Within  the  framework  of  a  system  of  open  and  competitive  markets,  action  by  the  Union  shall 
aim  at  promoting  the  interconnection  and  interoperability  of  national  networks  as  well  as  access  to 
such networks. It  shall take account  in  particular of  the  need  to  link  island, landlocked  and  peripheral 
regions  with  the  central  regions  of  the  Union. 

TITLE  XV 

CONSUMER  PROTECTION 

Article  169 

(ex  Article  153  TEC) 

1. 

In  order  to  achieve  the  objectives  referred  to  in  Article  170,  the  Union: 

Article  171 

(ex  Article  155  TEC) 

1. 

In  order  to  promote  the  interests  of  consumers  and  to  ensure  a  high  level  of  consumer 

protection,  the  Union  shall  contribute  to  protecting  the  health,  safety  and  economic  interests  of 

consumers,  as  well  as  to  promoting  their  right  to  information,  education  and  to  organise  themselves 

—  shall  establish  a  series  of  guidelines  covering  the  objectives,  priorities  and  broad  lines  of  measures 
envisaged  in  the  sphere  of  trans-European  networks;  these  guidelines  shall  identify  projects  of 
common  interest, 

in  order  to  safeguard  their  interests. 

2. 

The  Union 

shall  contribute 

to 

the  attainment  of 

the  objectives 

referred 

to 

in 

paragraph  1  through: 

(a)  measures  adopted  pursuant  to  Article  114 

in  the  context  of  the  completion  of  the 

internal  market; 

(b)  measures  which  support,  supplement  and  monitor  the  policy  pursued  by  the  Member  States. 

3. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

procedure  and  after  consulting  the  Economic  and  Social  Committee,  shall  adopt  the  measures 

referred  to  in  paragraph  2(b). 

4.  Measures  adopted  pursuant  to  paragraph  3  shall  not  prevent  any  Member  State  from  main­

taining  or  introducing  more  stringent  protective  measures.  Such  measures  must  be  compatible  with 

the  Treaties.  The  Commission  shall  be  notified  of  them. 

TITLE  XVI 

TRANS-EUROPEAN  NETWORKS 

Article  170 

(ex  Article  154  TEC) 

1. 

To  help  achieve  the  objectives  referred  to  in  Articles  26  and  174  and  to  enable  citizens  of 

the  Union,  economic  operators  and  regional  and  local  communities  to  derive  full  benefit  from  the 

setting-up  of  an  area  without  internal  frontiers,  the  Union  shall  contribute  to  the  establishment  and 

development  of  trans-European  networks  in  the  areas  of  transport,  telecommunications  and  energy 

infrastructures.

—  shall  implement  any  measures  that  may  prove  necessary  to  ensure  the  interoperability  of  the 

networks,  in  particular  in  the  field  of  technical  standardisation, 

—  may  support  projects  of  common  interest  supported  by  Member  States,  which  are  identified  in 
the  framework  of  the  guidelines  referred  to  in  the  first  indent,  particularly  through  feasibility 
studies,  loan  guarantees  or  interest-rate  subsidies;  the  Union  may  also  contribute,  through  the 
Cohesion  Fund  set  up  pursuant  to  Article  177,  to  the  financing  of  specific  projects  in  Member 
States  in  the  area  of  transport  infrastructure. 

The  Union's  activities  shall  take  into  account  the  potential  economic  viability  of  the  projects. 

2.  Member  States  shall,  in  liaison  with  the  Commission,  coordinate  among  themselves  the  policies 
pursued  at  national  level  which  may  have  a  significant  impact  on  the  achievement  of  the  objectives 
referred  to  in  Article  170.  The  Commission  may,  in  close  cooperation  with  the  Member  State,  take 
any  useful  initiative  to  promote  such  coordination. 

The  Union  may  decide  to  cooperate  with  third  countries  to  promote  projects of  mutual  interest 

3. 
and  to  ensure  the  interoperability  of  networks. 

Article  172 

(ex  Article  156  TEC) 

in  Article  171(1)  shall  be  adopted  by  the 
The  guidelines  and  other  measures  referred  to 
European  Parliament  and 
legislative 
in  accordance  with 
the  Council,  acting 
procedure  and  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of  the 
Regions. 

the  ordinary 

Guidelines  and  projects  of  common  interest  which  relate  to  the  territory  of  a  Member  State  shall 
require  the  approval  of  the  Member  State  concerned.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/126 
126126

EN 

Official Journal of the European Union 

7.6.2016

TITLE  XVII 

INDUSTRY 

Article  173 

(ex  Article  157  TEC) 

The  Union  and  the  Member  States  shall  ensure  that  the  conditions  necessary  for  the  competi­

1. 
tiveness  of  the  Union's  industry  exist. 

For  that  purpose,  in  accordance  with  a  system  of  open  and  competitive  markets,  their  action  shall  be 
aimed  at: 

—  speeding  up  the  adjustment  of  industry  to  structural  changes, 

—  encouraging  an  environment  favourable  to  initiative  and  to  the  development  of  undertakings 

throughout  the  Union,  particularly  small  and  medium-sized  undertakings, 

—  encouraging  an  environment  favourable  to  cooperation  between  undertakings, 

—  fostering  better  exploitation  of  the  industrial  potential  of  policies  of  innovation,  research  and 

technological  development. 

2. 
The  Member  States  shall  consult  each  other  in  liaison  with  the  Commission  and,  where 
initiative  to 
necessary,  shall  coordinate  their  action.  The  Commission  may  take  any  useful 
promote  such  coordination,  in  particular  initiatives  aiming  at  the  establishment  of  guidelines  and 
indicators,  the  organisation  of  exchange  of  best  practice,  and  the  preparation  of  the  necessary 
elements  for  periodic  monitoring  and  evaluation.  The  European  Parliament  shall  be  kept  fully 
informed. 

the  policies  and  activities 

The  Union  shall  contribute  to  the  achievement  of  the  objectives  set  out  in  paragraph  1 
3. 
the  Treaties. 
through 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure  and  after  consulting  the  Economic  and  Social  Committee,  may  decide  on  specific 
measures  in  support  of  action  taken  in  the  Member  States  to  achieve  the  objectives  set  out  in 
paragraph  1,  excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member  States. 

it  pursues  under  other  provisions  of 

This  Title  shall  not  provide  a  basis  for  the  introduction  by  the  Union  of  any  measure  which  could 
lead  to  a  distortion  of  competition  or  contains  tax  provisions  or  provisions  relating  to  the  rights  and 
interests  of  employed  persons.

Consolidated TreatiesConsolidated Treaties 
C  202/126 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/127
127127

TITLE  XVII 

INDUSTRY 

Article  173 

(ex  Article  157  TEC) 

TITLE  XVIII 

ECONOMIC,  SOCIAL  AND  TERRITORIAL  COHESION 

Article  174 

(ex  Article  158  TEC) 

1. 

The  Union  and  the  Member  States  shall  ensure  that  the  conditions  necessary  for  the  competi­

tiveness  of  the  Union's  industry  exist. 

In  order  to  promote  its  overall  harmonious  development,  the  Union  shall  develop  and  pursue  its 
actions  leading  to  the  strengthening  of  its  economic,  social  and  territorial  cohesion. 

For  that  purpose,  in  accordance  with  a  system  of  open  and  competitive  markets,  their  action  shall  be 

aimed  at: 

In  particular,  the  Union  shall  aim  at  reducing  disparities  between  the  levels  of  development  of  the 
various  regions  and  the  backwardness  of  the  least  favoured  regions. 

—  speeding  up  the  adjustment  of  industry  to  structural  changes, 

—  encouraging  an  environment  favourable  to  initiative  and  to  the  development  of  undertakings 

throughout  the  Union,  particularly  small  and  medium-sized  undertakings, 

—  encouraging  an  environment  favourable  to  cooperation  between  undertakings, 

—  fostering  better  exploitation  of  the  industrial  potential  of  policies  of  innovation,  research  and 

technological  development. 

2. 

The  Member  States  shall  consult  each  other  in  liaison  with  the  Commission  and,  where 

necessary,  shall  coordinate  their  action.  The  Commission  may  take  any  useful 

initiative  to 

promote  such  coordination,  in  particular  initiatives  aiming  at  the  establishment  of  guidelines  and 

indicators,  the  organisation  of  exchange  of  best  practice,  and  the  preparation  of  the  necessary 

elements  for  periodic  monitoring  and  evaluation.  The  European  Parliament  shall  be  kept  fully 

informed. 

3. 

The  Union  shall  contribute  to  the  achievement  of  the  objectives  set  out  in  paragraph  1 

through 

the  policies  and  activities 

it  pursues  under  other  provisions  of 

the  Treaties. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

procedure  and  after  consulting  the  Economic  and  Social  Committee,  may  decide  on  specific 

measures  in  support  of  action  taken  in  the  Member  States  to  achieve  the  objectives  set  out  in 

paragraph  1,  excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member  States. 

Among  the  regions  concerned,  particular  attention  shall  be  paid  to  rural  areas,  areas  affected  by 
industrial  transition,  and  regions  which  suffer  from  severe  and  permanent  natural  or  demographic 
handicaps  such  as  the  northernmost  regions  with  very  low  population  density  and  island,  cross- 
border  and  mountain  regions. 

Article  175 

(ex  Article  159  TEC) 

Member  States  shall  conduct  their  economic  policies  and  shall  coordinate  them  in  such  a  way  as,  in 
addition,  to  attain  the  objectives  set  out  in  Article  174.  The  formulation  and  implementation  of 
the  Union's  policies  and  actions  and  the  implementation  of  the  internal  market  shall  take  into 
account  the  objectives  set  out  in  Article  174  and  shall  contribute  to  their  achievement.  The 
Union  shall  also  support  the  achievement  of  these  objectives  by  the  action  it  takes  through  the 
Structural  Funds  (European  Agricultural  Guidance  and  Guarantee  Fund,  Guidance  Section;  European 
Social  Fund;  European  Regional  Development  Fund),  the  European  Investment  Bank  and  the  other 
existing  Financial  Instruments. 

The  Commission  shall  submit  a  report  to  the  European  Parliament,  the  Council,  the  Economic  and 
Social  Committee  and  the  Committee  of  the  Regions  every  three  years  on  the  progress  made  towards 
achieving  economic,  social  and  territorial  cohesion  and  on  the  manner  in  which  the  various  means 
provided  for  in  this  Article  have  contributed  to  it.  This  report  shall,  if  necessary,  be  accompanied  by 
appropriate  proposals. 

If  specific  actions  prove  necessary  outside  the  Funds  and  without  prejudice  to  the  measures  decided 
upon  within  the  framework  of  the  other  Union  policies,  such  actions  may  be  adopted  by  the 
European  Parliament  and  the  Council  acting  in  accordance  with  the  ordinary  legislative  procedure 
and  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of  the  Regions. 

Article  176 

(ex  Article  160  TEC) 

This  Title  shall  not  provide  a  basis  for  the  introduction  by  the  Union  of  any  measure  which  could 

lead  to  a  distortion  of  competition  or  contains  tax  provisions  or  provisions  relating  to  the  rights  and 

interests  of  employed  persons.

The  European  Regional  Development  Fund  is  intended  to  help  to  redress  the  main  regional 
imbalances  in  the  Union  through  participation  in  the  development  and  structural  adjustment  of 
regions  whose  development  is  lagging  behind  and  in  the  conversion  of  declining  industrial  regions.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/128 
128128

EN 

Official Journal of the European Union 

7.6.2016

Article  177 

(ex  Article  161  TEC) 

Without  prejudice  to  Article  178,  the  European  Parliament  and  the  Council,  acting  by  means  of 
regulations  in  accordance  with  the  ordinary  legislative  procedure  and  consulting  the  Economic  and 
Social  Committee  and  the  Committee  of  the  Regions,  shall  define  the  tasks,  priority  objectives  and 
the  organisation  of  the  Structural  Funds,  which  may  involve  grouping  the  Funds.  The  general  rules 
applicable  to  them  and  the  provisions  necessary  to  ensure  their  effectiveness  and  the  coordination  of 
the  Funds  with one  another  and  with  the  other  existing  Financial Instruments  shall  also  be  defined  by 
the  same  procedure. 

A  Cohesion  Fund  set up  in  accordance  with the  same  procedure  shall provide a  financial contribution 
to  projects  in  the  fields  of  environment  and  trans-European  networks  in  the  area  of  transport 
infrastructure. 

Article  178 

(ex  Article  162  TEC) 

Implementing  regulations  relating  to  the  European  Regional  Development  Fund  shall  be  taken  by  the 
European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative  procedure 
and  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of  the  Regions. 

With  regard  to  the  European  Agricultural  Guidance  and  Guarantee  Fund,  Guidance  Section,  and  the 
European  Social  Fund,  Articles  43  and  164  respectively  shall  continue  to  apply. 

RESEARCH  AND  TECHNOLOGICAL  DEVELOPMENT  AND  SPACE 

TITLE  XIX 

Article  179 

(ex  Article  163  TEC) 

1. 
The  Union  shall  have  the  objective  of  strengthening  its  scientific  and  technological  bases  by 
achieving  a  European  research  area  in  which  researchers,  scientific  knowledge  and  technology 
circulate  freely,  and  encouraging  it  to  become  more  competitive,  including  in  its  industry,  while 
promoting  all  the  research  activities  deemed  necessary  by  virtue  of  other  Chapters  of  the  Treaties. 

2. 
For  this  purpose  the  Union  shall,  throughout  the  Union,  encourage  undertakings,  including 
small  and  medium-sized  undertakings,  research  centres  and  universities  in  their  research  and  tech­
nological  development  activities  of  high  quality;  it  shall  support  their  efforts  to  cooperate  with  one 
another,  aiming,  notably,  at  permitting  researchers  to  cooperate  freely  across  borders  and  at  enabling 
undertakings  to  exploit  the  internal  market  potential  to  the  full,  in  particular  through  the  opening-up 
of  national  public  contracts,  the  definition  of  common  standards  and  the  removal  of  legal  and  fiscal 
obstacles  to  that  cooperation.

Consolidated TreatiesConsolidated Treaties 
C  202/128 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/129
129129

Article  177 

(ex  Article  161  TEC) 

3.  All  Union  activities  under  the  Treaties  in  the  area  of  research  and  technological  development, 
including  demonstration  projects,  shall  be  decided  on  and  implemented  in  accordance  with  the 
provisions  of  this  Title. 

Article  180 

(ex  Article  164  TEC) 

In  pursuing  these  objectives,  the  Union  shall  carry  out  the  following  activities,  complementing  the 
activities  carried  out  in  the  Member  States: 

(a)  implementation  of  research,  technological  development  and  demonstration  programmes,  by 

promoting  cooperation  with  and  between  undertakings,  research  centres  and  universities; 

(b)  promotion  of  cooperation  in  the  field  of  Union  research,  technological  development  and  demon­

stration  with  third  countries  and  international  organisations; 

(c)  dissemination  and  optimisation  of  the  results  of  activities  in  Union  research,  technological  devel­

opment  and  demonstration; 

Implementing  regulations  relating  to  the  European  Regional  Development  Fund  shall  be  taken  by  the 

European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative  procedure 

and  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of  the  Regions. 

(d)  stimulation  of  the  training  and  mobility  of  researchers  in  the  Union. 

Article  181 

(ex  Article  165  TEC) 

The  Union  and  the  Member  States  shall  coordinate  their  research  and  technological  devel­
1. 
opment  activities  so  as  to  ensure  that  national  policies  and  Union  policy  are  mutually  consistent. 

In  close  cooperation  with  the  Member  State,  the  Commission  may  take  any  useful  initiative  to 
2. 
promote  the  coordination  referred  to  in  paragraph  1,  in  particular  initiatives  aiming  at  the  estab­
lishment  of  guidelines  and  indicators,  the  organisation  of  exchange  of  best  practice,  and  the  prep­
aration  of  the  necessary  elements  for  periodic  monitoring  and  evaluation.  The  European  Parliament 
shall  be  kept  fully  informed. 

Article  182 

(ex  Article  166  TEC) 

1.  A  multiannual  framework  programme,  setting  out  all  the  activities  of  the  Union,  shall  be 
adopted  by  the  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legis­
lative  procedure  after  consulting  the  Economic  and  Social  Committee. 

The  framework  programme  shall: 

—  establish  the  scientific  and  technological  objectives  to  be  achieved by  the  activities  provided  for  in 

Article  180  and  fix  the  relevant  priorities,

Without  prejudice  to  Article  178,  the  European  Parliament  and  the  Council,  acting  by  means  of 

regulations  in  accordance  with  the  ordinary  legislative  procedure  and  consulting  the  Economic  and 

Social  Committee  and  the  Committee  of  the  Regions,  shall  define  the  tasks,  priority  objectives  and 

the  organisation  of  the  Structural  Funds,  which  may  involve  grouping  the  Funds.  The  general  rules 

applicable  to  them  and  the  provisions  necessary  to  ensure  their  effectiveness  and  the  coordination  of 

the  Funds  with one  another  and  with  the  other  existing  Financial Instruments  shall  also  be  defined  by 

the  same  procedure. 

A  Cohesion  Fund  set up  in  accordance  with the  same  procedure  shall provide a  financial contribution 

to  projects  in  the  fields  of  environment  and  trans-European  networks  in  the  area  of  transport 

infrastructure. 

Article  178 

(ex  Article  162  TEC) 

TITLE  XIX 

Article  179 

(ex  Article  163  TEC) 

With  regard  to  the  European  Agricultural  Guidance  and  Guarantee  Fund,  Guidance  Section,  and  the 

European  Social  Fund,  Articles  43  and  164  respectively  shall  continue  to  apply. 

RESEARCH  AND  TECHNOLOGICAL  DEVELOPMENT  AND  SPACE 

1. 

The  Union  shall  have  the  objective  of  strengthening  its  scientific  and  technological  bases  by 

achieving  a  European  research  area  in  which  researchers,  scientific  knowledge  and  technology 

circulate  freely,  and  encouraging  it  to  become  more  competitive,  including  in  its  industry,  while 

promoting  all  the  research  activities  deemed  necessary  by  virtue  of  other  Chapters  of  the  Treaties. 

2. 

For  this  purpose  the  Union  shall,  throughout  the  Union,  encourage  undertakings,  including 

small  and  medium-sized  undertakings,  research  centres  and  universities  in  their  research  and  tech­

nological  development  activities  of  high  quality;  it  shall  support  their  efforts  to  cooperate  with  one 

another,  aiming,  notably,  at  permitting  researchers  to  cooperate  freely  across  borders  and  at  enabling 

undertakings  to  exploit  the  internal  market  potential  to  the  full,  in  particular  through  the  opening-up 

of  national  public  contracts,  the  definition  of  common  standards  and  the  removal  of  legal  and  fiscal 

obstacles  to  that  cooperation.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/130 
130130

EN 

Official Journal of the European Union 

7.6.2016

—  indicate  the  broad  lines  of  such  activities, 

—  fix  the  maximum  overall  amount  and  the  detailed  rules  for  Union  financial  participation  in  the 

framework  programme  and  the  respective  shares  in  each  of  the  activities  provided  for. 

2. 

The  framework  programme  shall  be  adapted  or  supplemented  as  the  situation  changes. 

The  framework  programme  shall  be  implemented  through  specific  programmes  developed 
3. 
within  each  activity.  Each  specific  programme  shall  define  the  detailed  rules  for  implementing  it, 
fix  its  duration  and  provide  for  the  means  deemed  necessary.  The  sum  of  the  amounts  deemed 
necessary,  fixed  in  the  specific  programmes,  may  not  exceed  the  overall  maximum  amount  fixed  for 
the  framework  programme  and  each  activity. 

4. 
The  Council,  acting  in  accordance  with  a  special  legislative  procedure  and  after  consulting  the 
European  Parliament  and  the  Economic  and  Social  Committee,  shall  adopt  the  specific  programmes. 

5.  As  a  complement  to  the  activities  planned  in  the  multiannual  framework  programme,  the 
European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative  procedure 
and  after  consulting  the  Economic  and  Social  Committee,  shall  establish  the  measures  necessary  for 
the  implementation  of  the  European  research  area. 

For  the  implementation  of  the  multiannual  framework  programme  the  Union  shall: 

Article  183 

(ex  Article  167  TEC) 

—  determine  the  rules  for  the  participation  of  undertakings,  research  centres  and  universities, 

—  lay  down  the  rules  governing  the  dissemination  of  research  results. 

Article  184 

(ex  Article  168  TEC) 

In  implementing  the  multiannual  framework  programme,  supplementary  programmes  may  be 
decided  on  involving  the  participation  of  certain  Member  States  only,  which  shall  finance  them 
subject  to  possible  Union  participation. 

The  Union  shall  adopt  the  rules  applicable  to  supplementary  programmes,  particularly  as  regards  the 
dissemination  of  knowledge  and  access  by  other  Member  States.

Consolidated TreatiesConsolidated Treaties 
C  202/130 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/131
131131

—  indicate  the  broad  lines  of  such  activities, 

—  fix  the  maximum  overall  amount  and  the  detailed  rules  for  Union  financial  participation  in  the 

framework  programme  and  the  respective  shares  in  each  of  the  activities  provided  for. 

2. 

The  framework  programme  shall  be  adapted  or  supplemented  as  the  situation  changes. 

3. 

The  framework  programme  shall  be  implemented  through  specific  programmes  developed 

within  each  activity.  Each  specific  programme  shall  define  the  detailed  rules  for  implementing  it, 

fix  its  duration  and  provide  for  the  means  deemed  necessary.  The  sum  of  the  amounts  deemed 

necessary,  fixed  in  the  specific  programmes,  may  not  exceed  the  overall  maximum  amount  fixed  for 

the  framework  programme  and  each  activity. 

Article  185 

(ex  Article  169  TEC) 

In  implementing  the  multiannual  framework  programme,  the  Union  may  make  provision,  in 
agreement  with  the  Member  States  concerned,  for  participation  in  research  and  development 
programmes  undertaken  by  several  Member  States,  including  participation  in  the  structures  created 
for  the  execution  of  those  programmes. 

Article  186 

(ex  Article  170  TEC) 

In  implementing  the  multiannual  framework  programme  the  Union  may  make  provision  for 
cooperation  in  Union  research,  technological  development  and  demonstration  with  third  countries 
or  international  organisations. 

4. 

The  Council,  acting  in  accordance  with  a  special  legislative  procedure  and  after  consulting  the 

European  Parliament  and  the  Economic  and  Social  Committee,  shall  adopt  the  specific  programmes. 

The  detailed  arrangements  for  such  cooperation  may  be  the  subject  of  agreements  between 
the  Union  and  the  third  parties  concerned. 

5.  As  a  complement  to  the  activities  planned  in  the  multiannual  framework  programme,  the 

European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative  procedure 

and  after  consulting  the  Economic  and  Social  Committee,  shall  establish  the  measures  necessary  for 

the  implementation  of  the  European  research  area. 

Article  187 

(ex  Article  171  TEC) 

The  Union  may  set  up  joint  undertakings  or  any  other  structure  necessary  for  the  efficient  execution 
of  Union  research,  technological  development  and  demonstration  programmes. 

Article  183 

(ex  Article  167  TEC) 

Article  184 

(ex  Article  168  TEC) 

For  the  implementation  of  the  multiannual  framework  programme  the  Union  shall: 

Article  188 

(ex  Article  172  TEC) 

—  determine  the  rules  for  the  participation  of  undertakings,  research  centres  and  universities, 

The  Council,  on  a  proposal  from  the  Commission  and  after  consulting  the  European  Parliament  and 
the  Economic  and  Social  Committee,  shall  adopt  the  provisions  referred  to  in  Article  187. 

—  lay  down  the  rules  governing  the  dissemination  of  research  results. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure  and  after  consulting  the  Economic  and  Social  Committee,  shall  adopt  the  provisions 
referred  to  in  Articles  183,  184  and  185.  Adoption  of  the  supplementary  programmes  shall 
require  the  agreement  of  the  Member  States  concerned. 

In  implementing  the  multiannual  framework  programme,  supplementary  programmes  may  be 

decided  on  involving  the  participation  of  certain  Member  States  only,  which  shall  finance  them 

subject  to  possible  Union  participation. 

The  Union  shall  adopt  the  rules  applicable  to  supplementary  programmes,  particularly  as  regards  the 

dissemination  of  knowledge  and  access  by  other  Member  States.

Article  189 

1. 
To  promote  scientific  and  technical  progress,  industrial  competitiveness  and  the  implemen­
tation  of  its  policies,  the  Union  shall  draw  up  a  European  space  policy.  To  this  end,  it  may  promote 
joint  initiatives,  support  research  and  technological  development  and  coordinate  the  efforts  needed 
for  the  exploration  and  exploitation  of  space.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/132 
132132

EN 

Official Journal of the European Union 

7.6.2016

2. 
To  contribute  to  attaining  the  objectives  referred  to  in  paragraph  1,  the  European  Parliament 
and  the  Council,  acting  in  accordance  with  the  ordinary  legislative  procedure,  shall  establish  the 
necessary  measures,  which  may  take  the  form  of  a  European  space  programme,  excluding  any 
harmonisation  of  the  laws  and  regulations  of  the  Member  States. 

3. 

The  Union  shall  establish  any  appropriate  relations  with  the  European  Space  Agency. 

4. 

This  Article  shall  be  without  prejudice  to  the  other  provisions  of  this  Title. 

Article  190 

(ex  Article  173  TEC) 

At  the  beginning  of  each  year  the  Commission  shall  send  a  report  to  the  European  Parliament  and  to 
the  Council.  The  report  shall  include  information  on  research  and  technological  development 
activities  and  the  dissemination  of  results  during  the  previous  year,  and  the  work  programme  for 
the  current  year. 

TITLE  XX 

ENVIRONMENT 

Article  191 

(ex  Article  174  TEC) 

1. 

Union  policy  on  the  environment  shall  contribute  to  pursuit  of  the  following  objectives: 

—  preserving,  protecting  and  improving  the  quality  of  the  environment, 

—  protecting  human  health, 

—  prudent  and  rational  utilisation  of  natural  resources, 

—  promoting  measures  at  international  level  to  deal  with  regional  or  worldwide  environmental 

problems,  and  in  particular  combating  climate  change. 

2. 
Union  policy on  the  environment  shall aim  at  a high  level of  protection  taking  into  account  the 
diversity  of  situations  in  the  various  regions  of  the  Union.  It  shall  be  based  on  the  precautionary 
principle  and  on  the  principles  that  preventive  action  should  be  taken,  that  environmental  damage 
should  as  a  priority  be  rectified  at  source  and  that  the  polluter  should  pay. 

In  this  context,  harmonisation  measures  answering  environmental  protection  requirements  shall 
include,  where  appropriate,  a  safeguard  clause  allowing  Member  States  to  take  provisional 
measures,  for  non-economic  environmental  reasons,  subject  to  a  procedure  of  inspection  by 
the  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/132 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/133
133133

2. 

To  contribute  to  attaining  the  objectives  referred  to  in  paragraph  1,  the  European  Parliament 

and  the  Council,  acting  in  accordance  with  the  ordinary  legislative  procedure,  shall  establish  the 

necessary  measures,  which  may  take  the  form  of  a  European  space  programme,  excluding  any 

harmonisation  of  the  laws  and  regulations  of  the  Member  States. 

3. 

The  Union  shall  establish  any  appropriate  relations  with  the  European  Space  Agency. 

4. 

This  Article  shall  be  without  prejudice  to  the  other  provisions  of  this  Title. 

At  the  beginning  of  each  year  the  Commission  shall  send  a  report  to  the  European  Parliament  and  to 

the  Council.  The  report  shall  include  information  on  research  and  technological  development 

activities  and  the  dissemination  of  results  during  the  previous  year,  and  the  work  programme  for 

the  current  year. 

Article  190 

(ex  Article  173  TEC) 

TITLE  XX 

ENVIRONMENT 

Article  191 

(ex  Article  174  TEC) 

1. 

Union  policy  on  the  environment  shall  contribute  to  pursuit  of  the  following  objectives: 

—  preserving,  protecting  and  improving  the  quality  of  the  environment, 

—  protecting  human  health, 

—  prudent  and  rational  utilisation  of  natural  resources, 

—  promoting  measures  at  international  level  to  deal  with  regional  or  worldwide  environmental 

problems,  and  in  particular  combating  climate  change. 

2. 

Union  policy on  the  environment  shall aim  at  a high  level of  protection  taking  into  account  the 

diversity  of  situations  in  the  various  regions  of  the  Union.  It  shall  be  based  on  the  precautionary 

principle  and  on  the  principles  that  preventive  action  should  be  taken,  that  environmental  damage 

should  as  a  priority  be  rectified  at  source  and  that  the  polluter  should  pay. 

3. 

In  preparing  its  policy  on  the  environment,  the  Union  shall  take  account  of: 

—  available  scientific  and  technical  data, 

—  environmental  conditions  in  the  various  regions  of  the  Union, 

—  the  potential  benefits  and  costs  of  action  or  lack  of  action, 

—  the  economic  and  social  development  of  the  Union  as  a  whole  and  the  balanced  development  of 

its  regions. 

4.  Within  their  respective  spheres  of  competence,  the  Union  and  the  Member  States  shall 
cooperate  with  third  countries  and  with  the  competent  international  organisations.  The  arrangements 
for  Union  cooperation  may  be  the  subject  of  agreements  between  the  Union  and  the  third 
parties  concerned. 

The  previous  subparagraph  shall  be  without  prejudice  to  Member  States'  competence  to  negotiate  in 
international  bodies  and  to  conclude  international  agreements. 

Article  192 

(ex  Article  175  TEC) 

1. 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure  and  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of 
the  Regions,  shall  decide  what  action  is  to  be  taken  by  the  Union  in  order  to  achieve  the  objectives 
referred  to  in  Article  191. 

By  way  of  derogation  from  the  decision-making  procedure  provided  for  in  paragraph  1  and 
2. 
without  prejudice  to  Article  114,  the  Council  acting  unanimously  in  accordance  with  a  special 
legislative  procedure  and  after  consulting  the  European  Parliament,  the  Economic  and  Social 
Committee  and  the  Committee  of  the  Regions,  shall  adopt: 

(a)  provisions  primarily  of  a  fiscal  nature; 

(b)  measures  affecting: 

—  town  and  country  planning, 

—  quantitative  management  of  water  resources  or  affecting,  directly  or  indirectly,  the  availability 

of  those  resources, 

—  land  use,  with  the  exception  of  waste  management; 

(c)  measures  significantly  affecting  a  Member  State's  choice  between  different  energy  sources  and  the 

general  structure  of  its  energy  supply. 

In  this  context,  harmonisation  measures  answering  environmental  protection  requirements  shall 

include,  where  appropriate,  a  safeguard  clause  allowing  Member  States  to  take  provisional 

measures,  for  non-economic  environmental  reasons,  subject  to  a  procedure  of  inspection  by 

the  Union.

The  Council,  acting  unanimously  on  a  proposal  from  the  Commission  and  after  consulting  the 
European  Parliament,  the  Economic  and  Social  Committee  and  the  Committee  of  the  Regions, 
in  the 
may  make  the  ordinary 
first  subparagraph.

legislative  procedure  applicable  to  the  matters  referred  to 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/134 
134134

EN 

Official Journal of the European Union 

7.6.2016

3.  General  action  programmes  setting  out  priority  objectives  to  be  attained  shall  be  adopted  by 
the  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure  and  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of 
the  Regions. 

The  measures  necessary  for  the  implementation  of  these  programmes  shall  be  adopted  under  the 
terms  of  paragraph  1  or  2,  as  the  case  may  be. 

4.  Without  prejudice  to  certain  measures  adopted  by  the  Union,  the  Member  States  shall  finance 
and  implement  the  environment  policy. 

5.  Without  prejudice  to  the  principle  that  the  polluter  should  pay,  if  a  measure  based  on  the 
provisions  of  paragraph  1  involves  costs  deemed  disproportionate  for  the  public  authorities  of  a 
Member  State,  such  measure  shall  lay  down  appropriate  provisions  in  the  form  of: 

—  temporary  derogations,  and/or 

—  financial  support  from  the  Cohesion  Fund  set  up  pursuant  to  Article  177. 

Article  193 

(ex  Article  176  TEC) 

The  protective  measures  adopted  pursuant  to  Article  192  shall  not  prevent  any  Member  State  from 
maintaining  or  introducing  more  stringent  protective  measures.  Such  measures  must  be  compatible 
with  the  Treaties.  They  shall  be  notified  to  the  Commission. 

TITLE  XXI 

ENERGY 

Article  194 

In  the  context  of  the  establishment  and  functioning  of  the  internal  market  and  with  regard  for 
1. 
the  need  to  preserve  and  improve  the  environment,  Union  policy  on  energy  shall  aim,  in  a  spirit  of 
solidarity  between  Member  States,  to: 

(a)  ensure  the  functioning  of  the  energy  market; 

(b)  ensure  security  of  energy  supply  in  the  Union; 

(c)  promote  energy  efficiency  and  energy  saving  and  the  development  of  new  and  renewable  forms 

of  energy;  and 

(d)  promote  the  interconnection  of  energy  networks.

Consolidated TreatiesConsolidated Treaties 
C  202/134 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/135
135135

to 

the  Treaties, 

the  application  of  other  provisions  of 

2.  Without  prejudice 
the 
European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative  procedure, 
shall  establish  the  measures  necessary  to  achieve  the  objectives  in  paragraph  1.  Such  measures  shall 
be  adopted  after  consultation  of  the  Economic  and  Social  Committee  and  the  Committee  of 
the  Regions. 

3.  General  action  programmes  setting  out  priority  objectives  to  be  attained  shall  be  adopted  by 

the  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

procedure  and  after  consulting  the  Economic  and  Social  Committee  and  the  Committee  of 

the  Regions. 

The  measures  necessary  for  the  implementation  of  these  programmes  shall  be  adopted  under  the 

terms  of  paragraph  1  or  2,  as  the  case  may  be. 

4.  Without  prejudice  to  certain  measures  adopted  by  the  Union,  the  Member  States  shall  finance 

and  implement  the  environment  policy. 

5.  Without  prejudice  to  the  principle  that  the  polluter  should  pay,  if  a  measure  based  on  the 

provisions  of  paragraph  1  involves  costs  deemed  disproportionate  for  the  public  authorities  of  a 

Member  State,  such  measure  shall  lay  down  appropriate  provisions  in  the  form  of: 

—  temporary  derogations,  and/or 

—  financial  support  from  the  Cohesion  Fund  set  up  pursuant  to  Article  177. 

Article  193 

(ex  Article  176  TEC) 

TITLE  XXI 

ENERGY 

Article  194 

Such  measures  shall  not  affect  a  Member  State's  right  to  determine  the  conditions  for  exploiting  its 
energy  resources,  its  choice  between  different  energy  sources  and  the  general  structure  of  its  energy 
supply,  without  prejudice  to  Article  192(2)(c). 

3. 
By  way  of  derogation  from  paragraph  2,  the  Council,  acting  in  accordance  with  a  special 
legislative  procedure,  shall  unanimously  and  after  consulting  the  European  Parliament,  establish  the 
measures  referred  to  therein  when  they  are  primarily  of  a  fiscal  nature. 

TITLE  XXII 

TOURISM 

Article  195 

The  Union  shall  complement  the  action  of  the  Member  States  in  the  tourism  sector,  in 

1. 
particular  by  promoting  the  competitiveness  of  Union  undertakings  in  that  sector. 

The  protective  measures  adopted  pursuant  to  Article  192  shall  not  prevent  any  Member  State  from 

maintaining  or  introducing  more  stringent  protective  measures.  Such  measures  must  be  compatible 

with  the  Treaties.  They  shall  be  notified  to  the  Commission. 

To  that  end,  Union  action  shall  be  aimed  at: 

1. 

In  the  context  of  the  establishment  and  functioning  of  the  internal  market  and  with  regard  for 

the  need  to  preserve  and  improve  the  environment,  Union  policy  on  energy  shall  aim,  in  a  spirit  of 

solidarity  between  Member  States,  to: 

(a)  ensure  the  functioning  of  the  energy  market; 

(b)  ensure  security  of  energy  supply  in  the  Union; 

(c)  promote  energy  efficiency  and  energy  saving  and  the  development  of  new  and  renewable  forms 

of  energy;  and 

(a)  encouraging  the  creation  of  a  favourable  environment  for  the  development  of  undertakings  in 

this  sector; 

(b)  promoting  cooperation  between 

the  Member  States,  particularly  by 

the  exchange  of 

good  practice. 

2. 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  shall  establish  specific  measures  to  complement  actions  within  the  Member  States  to 
achieve  the  objectives  referred  to  in  this  Article,  excluding  any  harmonisation  of  the  laws  and 
regulations  of  the  Member  States. 

TITLE  XXIII 

CIVIL  PROTECTION 

Article  196 

(d)  promote  the  interconnection  of  energy  networks.

The  Union  shall  encourage  cooperation  between  Member  States  in  order  to  improve  the 

1. 
effectiveness  of  systems  for  preventing  and  protecting  against  natural  or  man-made  disasters.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/136 
136136

EN 

Union  action  shall  aim  to: 

Official Journal of the European Union 

7.6.2016

(a)  support  and  complement  Member  States'  action  at  national,  regional  and  local  level  in  risk 
prevention,  in  preparing  their  civil-protection  personnel  and  in  responding  to  natural  or  man- 
made  disasters  within  the  Union; 

(b)  promote  swift,  effective  operational  cooperation  within  the  Union  between  national  civil- 

protection  services; 

(c)  promote  consistency  in  international  civil-protection  work. 

2. 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure  shall  establish  the  measures  necessary  to  help  achieve  the  objectives  referred  to  in 
paragraph  1,  excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member  States. 

TITLE  XXIV 

ADMINISTRATIVE  COOPERATION 

Article  197 

Effective  implementation  of  Union  law  by  the  Member  States,  which  is  essential  for  the  proper 

1. 
functioning  of  the  Union,  shall  be  regarded  as  a  matter  of  common  interest. 

2. 
The  Union  may  support  the  efforts  of  Member  States  to  improve  their  administrative  capacity 
to  implement  Union  law.  Such  action  may  include  facilitating  the  exchange  of  information  and  of 
civil  servants  as  well  as  supporting  training  schemes.  No  Member  State  shall  be  obliged  to  avail  itself 
of  such  support.  The  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in 
accordance  with  the  ordinary  legislative  procedure,  shall  establish  the  necessary  measures  to  this 
end,  excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member  States. 

3. 
This  Article  shall  be  without  prejudice  to  the  obligations  of  the  Member  States  to  implement 
Union  law  or  to  the  prerogatives  and  duties  of  the  Commission.  It  shall  also  be  without  prejudice  to 
other  provisions  of  the  Treaties  providing  for  administrative  cooperation  among  the  Member  States 
and  between  them  and  the  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/136 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/137
137137

Union  action  shall  aim  to: 

(a)  support  and  complement  Member  States'  action  at  national,  regional  and  local  level  in  risk 

prevention,  in  preparing  their  civil-protection  personnel  and  in  responding  to  natural  or  man- 

made  disasters  within  the  Union; 

(b)  promote  swift,  effective  operational  cooperation  within  the  Union  between  national  civil- 

protection  services; 

(c)  promote  consistency  in  international  civil-protection  work. 

2. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

procedure  shall  establish  the  measures  necessary  to  help  achieve  the  objectives  referred  to  in 

paragraph  1,  excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member  States. 

ADMINISTRATIVE  COOPERATION 

TITLE  XXIV 

Article  197 

PART  FOUR 
ASSOCIATION  OF  THE  OVERSEAS  COUNTRIES  AND  TERRITORIES 

Article  198 

(ex  Article  182  TEC) 

The  Member  States  agree  to  associate  with  the  Union  the  non-European  countries  and  territories 
which  have  special  relations  with  Denmark,  France,  the  Netherlands  and  the  United  Kingdom.  These 
countries  and  territories  (hereinafter  called  the  ‘countries  and  territories’)  are  listed  in  Annex  II. 

The  purpose  of  association  shall  be  to  promote  the  economic  and  social  development  of  the 
countries  and  territories  and  to  establish  close  economic  relations  between  them  and  the  Union 
as  a  whole. 

In  accordance  with  the  principles  set  out  in  the  preamble  to  this  Treaty,  association  shall  serve 
primarily  to  further the  interests  and  prosperity  of  the  inhabitants  of  these  countries  and  territories in 
order  to  lead  them  to  the  economic,  social  and  cultural  development  to  which  they  aspire. 

Association  shall  have  the  following  objectives. 

Article  199 

(ex  Article  183  TEC) 

1.  Member  States  shall  apply  to  their  trade  with  the  countries  and  territories  the  same  treatment  as 

they  accord  each  other  pursuant  to  the  Treaties. 

1. 

Effective  implementation  of  Union  law  by  the  Member  States,  which  is  essential  for  the  proper 

functioning  of  the  Union,  shall  be  regarded  as  a  matter  of  common  interest. 

2.  Each  country  or  territory  shall  apply  to  its  trade  with  Member  States  and  with  the  other  countries 
and  territories the  same  treatment  as  that  which  it  applies to  the  European  State  with  which  is  has 
special  relations. 

2. 

The  Union  may  support  the  efforts  of  Member  States  to  improve  their  administrative  capacity 

to  implement  Union  law.  Such  action  may  include  facilitating  the  exchange  of  information  and  of 

civil  servants  as  well  as  supporting  training  schemes.  No  Member  State  shall  be  obliged  to  avail  itself 

of  such  support.  The  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in 

accordance  with  the  ordinary  legislative  procedure,  shall  establish  the  necessary  measures  to  this 

end,  excluding  any  harmonisation  of  the  laws  and  regulations  of  the  Member  States. 

3.  The  Member  States  shall  contribute  to  the  investments  required  for  the  progressive  development 

of  these  countries  and  territories. 

4.  For  investments  financed  by  the  Union,  participation  in  tenders  and  supplies  shall  be  open  on 
equal  terms  to  all  natural  and  legal  persons  who  are  nationals  of  a  Member  State  or  of  one  of  the 
countries  and  territories. 

3. 

This  Article  shall  be  without  prejudice  to  the  obligations  of  the  Member  States  to  implement 

Union  law  or  to  the  prerogatives  and  duties  of  the  Commission.  It  shall  also  be  without  prejudice  to 

other  provisions  of  the  Treaties  providing  for  administrative  cooperation  among  the  Member  States 

and  between  them  and  the  Union.

5.  In  relations  between  Member  States  and  the  countries  and  territories  the  right  of  establishment  of 
nationals  and  companies  or  firms  shall  be  regulated  in  accordance  with  the  provisions  and 
procedures  laid  down  in  the  Chapter  relating  to  the  right  of  establishment  and  on  a  non- 
discriminatory  basis,  subject  to  any  special  provisions  laid  down  pursuant  to  Article  203.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/138 
138138

EN 

Official Journal of the European Union 

7.6.2016

Article  200 

(ex  Article  184  TEC) 

1. 
Customs  duties  on  imports  into  the  Member  States  of  goods  originating  in  the  countries  and 
territories  shall  be  prohibited  in  conformity  with  the  prohibition  of  customs  duties  between 
Member  States  in  accordance  with  the  provisions  of  the  Treaties. 

2. 
Customs  duties  on  imports  into  each  country  or  territory  from  Member  States  or  from  the 
other  countries  or  territories  shall  be  prohibited  in  accordance  with  the  provisions  of  Article  30. 

The  countries  and  territories  may,  however,  levy  customs  duties  which  meet  the  needs  of  their 

3. 
development  and  industrialisation  or  produce  revenue  for  their  budgets. 

The  duties  referred  to  in  the  preceding  subparagraph  may  not  exceed  the  level  of  those  imposed  on 
territory  has 
imports  of  products 
special  relations. 

the  Member  State  with  which  each  country  or 

from 

Paragraph  2  shall  not  apply  to  countries  and  territories  which,  by  reason  of  the  particular 
they  are  bound,  already  apply  a  non-discriminatory 

4. 
international  obligations  by  which 
customs  tariff. 

5. 
The  introduction  of  or  any  change  in  customs  duties  imposed  on  goods  imported  into  the 
countries  and  territories  shall  not,  either  in  law  or  in  fact,  give  rise  to  any  direct  or  indirect 
discrimination  between  imports  from  the  various  Member  States. 

Article  201 

(ex  Article  185  TEC) 

If  the  level  of  the  duties  applicable  to  goods  from  a  third  country  on  entry  into  a  country  or  territory 
is  liable,  when  the  provisions  of  Article  200(1)  have  been  applied,  to  cause  deflections  of  trade  to 
the  detriment  of  any  Member  State,  the  latter  may  request  the  Commission  to  propose  to  the  other 
Member  States  the  measures  needed  to  remedy  the  situation. 

Article  202 

(ex  Article  186  TEC) 

Subject  to  the  provisions  relating  to  public  health,  public  security  or  public  policy,  freedom  of 
movement  within  Member  States  for  workers  from  the  countries  and  territories,  and  within  the 
countries  and  territories  for  workers  from  Member  States,  shall  be  regulated  by  acts  adopted  in 
accordance  with  Article  203.

Consolidated TreatiesConsolidated Treaties 
C  202/138 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/139
139139

Article  200 

(ex  Article  184  TEC) 

Article  203 

(ex  Article  187  TEC) 

1. 

Customs  duties  on  imports  into  the  Member  States  of  goods  originating  in  the  countries  and 

territories  shall  be  prohibited  in  conformity  with  the  prohibition  of  customs  duties  between 

Member  States  in  accordance  with  the  provisions  of  the  Treaties. 

2. 

Customs  duties  on  imports  into  each  country  or  territory  from  Member  States  or  from  the 

other  countries  or  territories  shall  be  prohibited  in  accordance  with  the  provisions  of  Article  30. 

The  Council,  acting  unanimously  on  a  proposal  from  the  Commission,  shall,  on  the  basis  of  the 
experience  acquired  under  the  association  of  the  countries  and  territories  with  the  Union  and  of  the 
principles  set  out  in  the  Treaties,  lay  down  provisions  as  regards  the  detailed  rules  and  the  procedure 
for  the  association  of  the  countries  and  territories  with  the  Union.  Where  the  provisions  in  question 
are  adopted  by  the  Council  in  accordance  with  a  special  legislative  procedure,  it  shall  act  unani­
mously  on  a  proposal  from  the  Commission  and  after  consulting  the  European  Parliament. 

3. 

The  countries  and  territories  may,  however,  levy  customs  duties  which  meet  the  needs  of  their 

development  and  industrialisation  or  produce  revenue  for  their  budgets. 

The  duties  referred  to  in  the  preceding  subparagraph  may  not  exceed  the  level  of  those  imposed  on 

imports  of  products 

from 

the  Member  State  with  which  each  country  or 

territory  has 

Article  204 

(ex  Article  188  TEC) 

The  provisions  of  Articles  198  to  203  shall  apply to  Greenland,  subject  to  the  specific provisions  for 
Greenland  set  out  in  the  Protocol  on  special  arrangements  for  Greenland,  annexed  to  the  Treaties. 

special  relations. 

customs  tariff. 

4. 

Paragraph  2  shall  not  apply  to  countries  and  territories  which,  by  reason  of  the  particular 

international  obligations  by  which 

they  are  bound,  already  apply  a  non-discriminatory 

5. 

The  introduction  of  or  any  change  in  customs  duties  imposed  on  goods  imported  into  the 

countries  and  territories  shall  not,  either  in  law  or  in  fact,  give  rise  to  any  direct  or  indirect 

discrimination  between  imports  from  the  various  Member  States. 

If  the  level  of  the  duties  applicable  to  goods  from  a  third  country  on  entry  into  a  country  or  territory 

is  liable,  when  the  provisions  of  Article  200(1)  have  been  applied,  to  cause  deflections  of  trade  to 

the  detriment  of  any  Member  State,  the  latter  may  request  the  Commission  to  propose  to  the  other 

Member  States  the  measures  needed  to  remedy  the  situation. 

Article  201 

(ex  Article  185  TEC) 

Article  202 

(ex  Article  186  TEC) 

PART  FIVE 
THE  UNION'S  EXTERNAL  ACTION 

GENERAL  PROVISIONS  ON  THE  UNION'S  EXTERNAL  ACTION 

TITLE  I 

Article  205 

The  Union's  action  on  the  international  scene,  pursuant  to  this  Part, shall  be  guided  by  the  principles, 
pursue  the  objectives  and  be  conducted  in  accordance  with  the  general  provisions  laid  down  in 
Chapter  1  of  Title  V  of  the  Treaty  on  European  Union. 

TITLE  II 

COMMON  COMMERCIAL  POLICY 

Article  206 

(ex  Article  131  TEC) 

Subject  to  the  provisions  relating  to  public  health,  public  security  or  public  policy,  freedom  of 

movement  within  Member  States  for  workers  from  the  countries  and  territories,  and  within  the 

countries  and  territories  for  workers  from  Member  States,  shall  be  regulated  by  acts  adopted  in 

accordance  with  Article  203.

By  establishing  a  customs  union  in  accordance  with  Articles  28  to  32,  the  Union  shall  contribute,  in 
the  common  interest,  to  the  harmonious  development  of  world  trade,  the  progressive  abolition  of 
restrictions  on  international  trade  and  on  foreign  direct  investment,  and  the  lowering  of  customs  and 
other  barriers.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/140 
140140

EN 

Official Journal of the European Union 

7.6.2016

Article  207 

(ex  Article  133  TEC) 

1. 
The  common  commercial  policy  shall  be  based  on  uniform  principles,  particularly  with  regard 
to  changes  in  tariff  rates,  the  conclusion  of  tariff  and  trade  agreements  relating  to  trade  in  goods  and 
services,  and  the  commercial  aspects  of 
investment,  the 
achievement  of  uniformity  in  measures  of  liberalisation,  export  policy  and  measures  to  protect 
trade  such  as  those  to  be  taken  in  the  event  of  dumping  or  subsidies.  The  common  commercial 
policy  shall  be  conducted  in  the  context  of  the  principles  and  objectives  of  the  Union's  external 
action. 

intellectual  property,  foreign  direct 

2. 
The  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in  accordance  with 
the  ordinary  legislative  procedure,  shall  adopt  the  measures  defining  the  framework  for  implementing 
the  common  commercial  policy. 

3.  Where  agreements  with  one  or  more  third  countries  or  international  organisations  need  to  be 
negotiated  and  concluded,  Article  218  shall  apply,  subject  to  the  special  provisions  of  this  Article. 

The  Commission  shall  make  recommendations  to  the  Council,  which  shall  authorise  it  to  open  the 
necessary  negotiations.  The  Council  and  the  Commission  shall  be  responsible  for  ensuring  that  the 
agreements  negotiated  are  compatible  with  internal  Union  policies  and  rules. 

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.  The  Commission  shall  report  regularly  to  the  special  committee  and  to 
the  European  Parliament  on  the  progress  of  negotiations. 

For  the  negotiation  and  conclusion  of  the  agreements  referred  to  in  paragraph  3,  the  Council 

4. 
shall  act  by  a  qualified  majority. 

For  the  negotiation  and  conclusion  of  agreements  in  the  fields  of  trade  in  services  and  the 
commercial  aspects  of  intellectual  property,  as  well  as  foreign  direct  investment,  the  Council  shall 
act  unanimously  where  such  agreements  include  provisions  for  which  unanimity  is  required  for  the 
adoption  of  internal  rules. 

The  Council  shall  also  act  unanimously  for  the  negotiation  and  conclusion  of  agreements: 

(a)  in  the  field  of  trade  in  cultural  and  audiovisual  services,  where  these  agreements  risk  prejudicing 

the  Union's  cultural  and  linguistic  diversity; 

(b)  in  the  field  of  trade  in  social, education  and  health  services, where  these  agreements  risk  seriously 
disturbing  the  national  organisation  of  such services and  prejudicing  the  responsibility of  Member 
States  to  deliver  them. 

The  negotiation  and  conclusion  of  international  agreements  in  the  field  of  transport  shall  be 

5. 
subject  to  Title  VI  of  Part  Three  and  to  Article  218.

Consolidated TreatiesConsolidated Treaties 
C  202/140 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/141
141141

Article  207 

(ex  Article  133  TEC) 

1. 

The  common  commercial  policy  shall  be  based  on  uniform  principles,  particularly  with  regard 

to  changes  in  tariff  rates,  the  conclusion  of  tariff  and  trade  agreements  relating  to  trade  in  goods  and 

services,  and  the  commercial  aspects  of 

intellectual  property,  foreign  direct 

investment,  the 

achievement  of  uniformity  in  measures  of  liberalisation,  export  policy  and  measures  to  protect 

trade  such  as  those  to  be  taken  in  the  event  of  dumping  or  subsidies.  The  common  commercial 

policy  shall  be  conducted  in  the  context  of  the  principles  and  objectives  of  the  Union's  external 

action. 

2. 

The  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in  accordance  with 

the  ordinary  legislative  procedure,  shall  adopt  the  measures  defining  the  framework  for  implementing 

the  common  commercial  policy. 

3.  Where  agreements  with  one  or  more  third  countries  or  international  organisations  need  to  be 

negotiated  and  concluded,  Article  218  shall  apply,  subject  to  the  special  provisions  of  this  Article. 

The  Commission  shall  make  recommendations  to  the  Council,  which  shall  authorise  it  to  open  the 

necessary  negotiations.  The  Council  and  the  Commission  shall  be  responsible  for  ensuring  that  the 

agreements  negotiated  are  compatible  with  internal  Union  policies  and  rules. 

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.  The  Commission  shall  report  regularly  to  the  special  committee  and  to 

the  European  Parliament  on  the  progress  of  negotiations. 

4. 

For  the  negotiation  and  conclusion  of  the  agreements  referred  to  in  paragraph  3,  the  Council 

shall  act  by  a  qualified  majority. 

For  the  negotiation  and  conclusion  of  agreements  in  the  fields  of  trade  in  services  and  the 

commercial  aspects  of  intellectual  property,  as  well  as  foreign  direct  investment,  the  Council  shall 

act  unanimously  where  such  agreements  include  provisions  for  which  unanimity  is  required  for  the 

adoption  of  internal  rules. 

The  Council  shall  also  act  unanimously  for  the  negotiation  and  conclusion  of  agreements: 

6. 
The  exercise  of  the  competences  conferred  by  this  Article  in  the  field  of  the  common 
commercial  policy  shall  not  affect  the  delimitation  of  competences  between  the  Union  and  the 
Member  States,  and  shall  not  lead  to  harmonisation  of  legislative  or  regulatory  provisions  of  the 
Member  States  in  so  far  as  the  Treaties  exclude  such  harmonisation. 

COOPERATION  WITH  THIRD  COUNTRIES  AND  HUMANITARIAN  AID 

TITLE  III 

CHAPTER  1 

DEVELOPMENT  COOPERATION 

Article  208 

(ex  Article  177  TEC) 

1. 
Union  policy  in  the  field  of  development  cooperation  shall  be  conducted  within  the  framework 
of  the  principles  and  objectives  of  the  Union's  external  action.  The  Union's  development  cooperation 
policy  and  that  of  the  Member  States  complement  and  reinforce  each  other. 

Union  development  cooperation  policy  shall  have  as  its  primary  objective  the  reduction  and,  in  the 
long  term,  the  eradication  of  poverty.  The  Union  shall  take  account  of  the  objectives  of  development 
cooperation  in  the  policies  that  it  implements  which  are  likely  to  affect  developing  countries. 

2. 
The  Union  and  the  Member  States  shall  comply  with  the  commitments  and  take  account  of  the 
objectives  they  have  approved  in  the  context  of  the  United  Nations  and  other  competent  inter­
national  organisations. 

Article  209 

(ex  Article  179  TEC) 

1. 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  shall  adopt  the  measures  necessary  for  the  implementation  of  development  cooperation 
policy,  which  may  relate  to  multiannual  cooperation  programmes  with  developing  countries  or 
programmes  with  a  thematic  approach. 

(a)  in  the  field  of  trade  in  cultural  and  audiovisual  services,  where  these  agreements  risk  prejudicing 

the  Union's  cultural  and  linguistic  diversity; 

The  Union  may  conclude  with  third  countries  and  competent  international  organisations  any 
in  Article  21  of  the  Treaty  on 

2. 
agreement  helping  to  achieve  the  objectives  referred  to 
European  Union  and  in  Article  208  of  this  Treaty. 

(b)  in  the  field  of  trade  in  social, education  and  health  services, where  these  agreements  risk  seriously 

disturbing  the  national  organisation  of  such services and  prejudicing  the  responsibility of  Member 

States  to  deliver  them. 

The  first  subparagraph  shall  be  without  prejudice  to  Member  States'  competence  to  negotiate  in 
international  bodies  and  to  conclude  agreements. 

5. 

The  negotiation  and  conclusion  of  international  agreements  in  the  field  of  transport  shall  be 

subject  to  Title  VI  of  Part  Three  and  to  Article  218.

The  European  Investment  Bank  shall  contribute,  under  the  terms  laid  down  in  its  Statute,  to  the 

3. 
implementation  of  the  measures  referred  to  in  paragraph  1.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/142 
142142

EN 

Official Journal of the European Union 

7.6.2016

Article  210 

(ex  Article  180  TEC) 

1. 
In  order  to  promote  the  complementarity  and  efficiency  of  their  action,  the  Union  and  the 
Member  States  shall  coordinate  their  policies  on  development  cooperation  and  shall  consult  each 
other  on  their  aid  programmes,  including  in  international  organisations  and  during  international 
conferences.  They  may  undertake  joint  action.  Member  States  shall  contribute  if  necessary  to  the 
implementation  of  Union  aid  programmes. 

The  Commission  may  take  any  useful  initiative  to  promote  the  coordination  referred  to  in 

2. 
paragraph  1. 

Article  211 

(ex  Article  181  TEC) 

Within  their  respective  spheres  of  competence,  the  Union  and  the  Member  States  shall  cooperate 
with  third  countries  and  with  the  competent  international  organisations. 

ECONOMIC,  FINANCIAL  AND  TECHNICAL  COOPERATION  WITH  THIRD  COUNTRIES 

CHAPTER  2 

Article  212 

(ex  Article  181a  TEC) 

1.  Without  prejudice  to  the  other  provisions  of  the  Treaties,  and  in  particular  Articles  208  to 
211,  the  Union  shall  carry  out  economic,  financial  and  technical  cooperation  measures,  including 
assistance,  in  particular  financial  assistance,  with  third  countries  other  than  developing  countries. 
Such  measures  shall  be  consistent  with  the  development  policy  of  the  Union  and  shall  be  carried  out 
within  the  framework  of  the  principles  and  objectives  of  its  external  action.  The  Union's  operations 
and  those  of  the  Member  States  shall  complement  and  reinforce  each  other. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

2. 
procedure,  shall  adopt  the  measures  necessary  for  the  implementation  of  paragraph  1. 

3.  Within  their  respective  spheres  of  competence,  the  Union  and  the  Member  States  shall 
cooperate  with  third  countries  and  the  competent  international  organisations.  The  arrangements 
for  Union  cooperation  may  be  the  subject  of  agreements  between  the  Union  and  the  third 
parties  concerned. 

The  first  subparagraph  shall  be  without  prejudice  to  the  Member  States'  competence  to  negotiate  in 
international  bodies  and  to  conclude  international  agreements.

Consolidated TreatiesConsolidated Treaties 
1. 

In  order  to  promote  the  complementarity  and  efficiency  of  their  action,  the  Union  and  the 

Member  States  shall  coordinate  their  policies  on  development  cooperation  and  shall  consult  each 

other  on  their  aid  programmes,  including  in  international  organisations  and  during  international 

conferences.  They  may  undertake  joint  action.  Member  States  shall  contribute  if  necessary  to  the 

implementation  of  Union  aid  programmes. 

2. 

The  Commission  may  take  any  useful  initiative  to  promote  the  coordination  referred  to  in 

paragraph  1. 

Article  211 

(ex  Article  181  TEC) 

CHAPTER  2 

Article  212 

(ex  Article  181a  TEC) 

C  202/142 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/143
143143

Article  210 

(ex  Article  180  TEC) 

When  the  situation  in  a  third  country  requires  urgent  financial  assistance  from  the  Union, 
the  Council  shall  adopt  the  necessary  decisions  on  a  proposal  from  the  Commission. 

Article  213 

CHAPTER  3 

HUMANITARIAN  AID 

Article  214 

The  Union's  operations  in  the  field  of  humanitarian  aid  shall  be  conducted  within  the 
1. 
framework  of  the  principles  and  objectives  of  the  external  action  of  the  Union.  Such  operations 
shall  be  intended  to  provide  ad  hoc  assistance  and  relief  and  protection  for  people  in  third  countries 
who  are  victims  of  natural  or  man-made  disasters,  in  order  to  meet  the  humanitarian  needs  resulting 
from  these  different  situations.  The  Union's  measures  and  those  of  the  Member  States  shall 
complement  and  reinforce  each  other. 

Within  their  respective  spheres  of  competence,  the  Union  and  the  Member  States  shall  cooperate 

with  third  countries  and  with  the  competent  international  organisations. 

2.  Humanitarian  aid  operations  shall  be  conducted  in  compliance  with  the  principles  of  inter­
national  law  and  with  the  principles  of  impartiality,  neutrality  and  non-discrimination. 

ECONOMIC,  FINANCIAL  AND  TECHNICAL  COOPERATION  WITH  THIRD  COUNTRIES 

1.  Without  prejudice  to  the  other  provisions  of  the  Treaties,  and  in  particular  Articles  208  to 

211,  the  Union  shall  carry  out  economic,  financial  and  technical  cooperation  measures,  including 

assistance,  in  particular  financial  assistance,  with  third  countries  other  than  developing  countries. 

Such  measures  shall  be  consistent  with  the  development  policy  of  the  Union  and  shall  be  carried  out 

within  the  framework  of  the  principles  and  objectives  of  its  external  action.  The  Union's  operations 

and  those  of  the  Member  States  shall  complement  and  reinforce  each  other. 

2. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

procedure,  shall  adopt  the  measures  necessary  for  the  implementation  of  paragraph  1. 

3. 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  shall  establish  the  measures  defining  the  framework  within  which  the  Union's  humani­
tarian  aid  operations  shall  be  implemented. 

The  Union  may  conclude  with  third  countries  and  competent  international  organisations  any 
4. 
agreement  helping  to  achieve  the  objectives  referred  to  in  paragraph  1  and  in  Article  21  of  the 
Treaty  on  European  Union. 

The  first  subparagraph  shall  be  without  prejudice  to  Member  States'  competence  to  negotiate  in 
international  bodies  and  to  conclude  agreements. 

In  order  to  establish  a  framework  for  joint  contributions  from  young  Europeans  to  the  humani­
5. 
tarian  aid  operations  of  the  Union,  a  European  Voluntary  Humanitarian  Aid  Corps  shall  be  set  up. 
The  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in  accordance  with  the 
ordinary  legislative  procedure,  shall  determine  the  rules  and  procedures  for  the  operation  of  the 
Corps. 

3.  Within  their  respective  spheres  of  competence,  the  Union  and  the  Member  States  shall 

cooperate  with  third  countries  and  the  competent  international  organisations.  The  arrangements 

for  Union  cooperation  may  be  the  subject  of  agreements  between  the  Union  and  the  third 

parties  concerned. 

6. 
The  Commission  may  take  any  useful  initiative to  promote  coordination  between  actions  of  the 
Union  and  those  of  the  Member  States,  in  order  to  enhance  the  efficiency  and  complementarity  of 
Union  and  national  humanitarian  aid  measures. 

The  first  subparagraph  shall  be  without  prejudice  to  the  Member  States'  competence  to  negotiate  in 

international  bodies  and  to  conclude  international  agreements.

7. 
The  Union  shall  ensure  that  its  humanitarian  aid  operations  are  coordinated  and  consistent 
with  those  of  international  organisations  and  bodies,  in  particular  those  forming  part  of  the 
United  Nations  system.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/144 
144144

EN 

Official Journal of the European Union 

7.6.2016

TITLE  IV 

RESTRICTIVE  MEASURES 

Article  215 

(ex  Article  301  TEC) 

1.  Where  a  decision,  adopted  in  accordance  with  Chapter  2  of  Title  V  of  the  Treaty  on 
European  Union,  provides  for  the  interruption  or  reduction,  in  part  or  completely,  of  economic 
and  financial  relations  with  one  or  more  third  countries,  the  Council,  acting  by  a  qualified  majority 
on  a  joint  proposal  from  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security Policy 
the 
the  Commission, 
and 
European  Parliament  thereof. 

the  necessary  measures. 

inform 

adopt 

shall 

shall 

It 

2.  Where  a  decision  adopted  in  accordance  with  Chapter  2  of  Title  V  of  the  Treaty  on 
European  Union  so  provides,  the  Council  may  adopt  restrictive  measures  under  the  procedure 
referred  to  in  paragraph  1  against  natural  or  legal  persons  and  groups  or  non-State  entities. 

3. 

The  acts  referred  to  in  this  Article  shall  include  necessary  provisions  on  legal  safeguards. 

TITLE  V 

INTERNATIONAL  AGREEMENTS 

Article  216 

1. 
The  Union  may  conclude  an  agreement  with  one  or  more  third  countries  or  international 
organisations  where  the  Treaties  so  provide  or  where  the  conclusion  of  an  agreement  is  necessary  in 
order  to  achieve,  within  the  framework  of  the  Union's  policies,  one  of  the  objectives  referred  to  in 
the  Treaties,  or  is  provided  for  in  a  legally  binding  Union  act  or  is  likely  to  affect  common  rules  or 
alter  their  scope. 

2.  Agreements  concluded  by  the  Union  are  binding  upon  the  institutions  of  the  Union  and  on  its 
Member  States. 

Article  217 

(ex  Article  310  TEC) 

The  Union  may  conclude  with  one  or  more  third  countries  or  international  organisations  agreements 
establishing  an  association 
involving  reciprocal  rights  and  obligations,  common  action  and 
special  procedure. 

Article  218 

(ex  Article  300  TEC) 

1.  Without  prejudice  to  the  specific  provisions  laid  down  in  Article  207,  agreements  between 
the  Union  and  third  countries  or  international  organisations  shall  be  negotiated  and  concluded  in 
accordance  with  the  following  procedure.

Consolidated TreatiesConsolidated Treaties 
C  202/144 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/145
145145

TITLE  IV 

RESTRICTIVE  MEASURES 

Article  215 

(ex  Article  301  TEC) 

1.  Where  a  decision,  adopted  in  accordance  with  Chapter  2  of  Title  V  of  the  Treaty  on 

European  Union,  provides  for  the  interruption  or  reduction,  in  part  or  completely,  of  economic 

and  financial  relations  with  one  or  more  third  countries,  the  Council,  acting  by  a  qualified  majority 

on  a  joint  proposal  from  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security Policy 

and 

the  Commission, 

shall 

adopt 

the  necessary  measures. 

It 

shall 

inform 

the 

European  Parliament  thereof. 

The  Council  shall  authorise  the  opening  of  negotiations,  adopt  negotiating  directives,  authorise 

2. 
the  signing  of  agreements  and  conclude  them. 

3. 
The  Commission,  or  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security 
Policy  where  the  agreement  envisaged  relates  exclusively  or  principally  to  the  common  foreign  and 
security  policy,  shall  submit  recommendations  to  the  Council,  which  shall  adopt  a  decision 
authorising  the  opening  of  negotiations  and,  depending  on  the  subject  of  the  agreement  envisaged, 
nominating  the  Union  negotiator  or  the  head  of  the  Union's  negotiating  team. 

The  Council  may  address  directives  to  the  negotiator  and  designate  a  special  committee  in 

4. 
consultation  with  which  the  negotiations  must  be  conducted. 

2.  Where  a  decision  adopted  in  accordance  with  Chapter  2  of  Title  V  of  the  Treaty  on 

European  Union  so  provides,  the  Council  may  adopt  restrictive  measures  under  the  procedure 

referred  to  in  paragraph  1  against  natural  or  legal  persons  and  groups  or  non-State  entities. 

The  Council,  on  a  proposal  by  the  negotiator,  shall  adopt  a  decision  authorising  the  signing  of 

5. 
the  agreement  and,  if  necessary,  its  provisional  application  before  entry  into  force. 

3. 

The  acts  referred  to  in  this  Article  shall  include  necessary  provisions  on  legal  safeguards. 

TITLE  V 

INTERNATIONAL  AGREEMENTS 

Article  216 

1. 

The  Union  may  conclude  an  agreement  with  one  or  more  third  countries  or  international 

organisations  where  the  Treaties  so  provide  or  where  the  conclusion  of  an  agreement  is  necessary  in 

order  to  achieve,  within  the  framework  of  the  Union's  policies,  one  of  the  objectives  referred  to  in 

the  Treaties,  or  is  provided  for  in  a  legally  binding  Union  act  or  is  likely  to  affect  common  rules  or 

6. 

The  Council,  on  a  proposal  by  the  negotiator,  shall  adopt  a  decision  concluding  the  agreement. 

Except  where  agreements  relate  exclusively  to  the  common  foreign  and  security  policy,  the  Council 
shall  adopt  the  decision  concluding  the  agreement: 

(a)  after  obtaining  the  consent  of  the  European  Parliament  in  the  following  cases: 

(i)  association  agreements; 

(ii)  agreement  on  Union  accession  to  the  European  Convention  for  the  Protection  of 

Human  Rights  and  Fundamental  Freedoms; 

2.  Agreements  concluded  by  the  Union  are  binding  upon  the  institutions  of  the  Union  and  on  its 

(iii)  agreements 

establishing 

a 

specific 

institutional 

framework 

by 

organising 

cooperation  procedures; 

(iv)  agreements  with  important  budgetary  implications  for  the  Union; 

The  Union  may  conclude  with  one  or  more  third  countries  or  international  organisations  agreements 

establishing  an  association 

involving  reciprocal  rights  and  obligations,  common  action  and 

(v)  agreements  covering  fields  to  which  either  the  ordinary  legislative  procedure  applies,  or  the 

special  legislative  procedure  where  consent  by  the  European  Parliament  is  required. 

alter  their  scope. 

Member  States. 

special  procedure. 

The  European  Parliament  and  the  Council  may,  in  an  urgent  situation,  agree  upon  a  time-limit 
for  consent. 

Article  217 

(ex  Article  310  TEC) 

Article  218 

(ex  Article  300  TEC) 

1.  Without  prejudice  to  the  specific  provisions  laid  down  in  Article  207,  agreements  between 

the  Union  and  third  countries  or  international  organisations  shall  be  negotiated  and  concluded  in 

accordance  with  the  following  procedure.

(b)  after  consulting  the  European  Parliament  in  other  cases.  The  European  Parliament  shall  deliver  its 
opinion  within  a  time-limit  which  the  Council  may  set  depending  on  the  urgency  of  the  matter. 
In  the  absence  of  an  opinion  within  that  time-limit,  the  Council  may  act.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/146 
146146

EN 

Official Journal of the European Union 

7.6.2016

7.  When  concluding  an  agreement,  the  Council  may,  by  way  of  derogation  from  paragraphs  5, 
6  and  9,  authorise  the  negotiator  to  approve  on  the  Union's  behalf  modifications  to  the  agreement 
where  it  provides  for  them  to  be  adopted  by  a  simplified  procedure  or  by  a  body  set  up  by  the 
agreement.  The  Council  may  attach  specific  conditions  to  such  authorisation. 

8. 

The  Council  shall  act  by  a  qualified  majority  throughout  the  procedure. 

However,  it  shall  act  unanimously  when  the  agreement  covers  a  field  for  which  unanimity  is  required 
for  the  adoption  of  a  Union  act  as  well  as  for  association  agreements  and  the  agreements  referred  to 
in  Article  212  with  the  States  which  are  candidates  for  accession.  The  Council  shall  also  act 
unanimously  for  the  agreement  on  accession  of  the  Union  to  the  European  Convention  for  the 
Protection  of  Human  Rights and  Fundamental  Freedoms; the  decision  concluding  this agreement  shall 
enter  into  force  after  it  has  been  approved  by  the  Member  States  in  accordance  with  their  respective 
constitutional  requirements. 

9. 
The  Council,  on  a  proposal  from  the  Commission  or  the  High  Representative  of  the  Union  for 
Foreign  Affairs  and  Security  Policy,  shall  adopt  a  decision  suspending  application  of  an  agreement 
and  establishing  the  positions  to  be  adopted  on  the  Union's  behalf  in  a  body  set  up  by  an  agreement, 
when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the  exception  of  acts 
supplementing  or  amending  the  institutional  framework  of  the  agreement. 

The  European  Parliament  shall  be 

10. 
the  procedure. 

immediately  and  fully 

informed  at  all  stages  of 

11.  A  Member  State,  the  European  Parliament,  the  Council  or  the  Commission  may  obtain  the 
opinion  of  the  Court  of  Justice as  to  whether  an  agreement  envisaged  is  compatible  with  the  Treaties. 
Where  the  opinion  of  the  Court  is  adverse,  the  agreement  envisaged  may  not  enter  into  force  unless 
it  is  amended  or  the  Treaties  are  revised. 

Article  219 

(ex  Article  111(1)  to  (3)  and  (5)  TEC) 

1. 
By  way  of  derogation  from  Article  218,  the  Council,  either  on  a  recommendation  from  the 
European  Central  Bank  or  on  a  recommendation  from  the  Commission  and  after  consulting  the 
European  Central  Bank,  in  an  endeavour  to  reach  a  consensus  consistent  with  the  objective  of  price 
stability,  may  conclude  formal  agreements  on  an  exchange-rate  system  for  the  euro  in  relation  to  the 
currencies  of 
the 
European  Parliament  and  in  accordance  with  the  procedure  provided  for  in  paragraph  3. 

third  States.  The  Council 

act  unanimously 

consulting 

shall 

after 

The  Council  may,  either  on  a  recommendation  from  the  European  Central  Bank  or  on  a  recom­
mendation  from  the  Commission,  and  after  consulting  the  European  Central  Bank,  in  an  endeavour 
to  reach  a  consensus  consistent  with  the  objective  of  price  stability,  adopt,  adjust  or  abandon  the 
central  rates  of  the  euro  within  the  exchange-rate  system.  The  President  of  the  Council  shall  inform 
the  European  Parliament  of  the  adoption,  adjustment  or  abandonment  of  the  euro  central  rates.

Consolidated TreatiesConsolidated Treaties 
7.  When  concluding  an  agreement,  the  Council  may,  by  way  of  derogation  from  paragraphs  5, 

6  and  9,  authorise  the  negotiator  to  approve  on  the  Union's  behalf  modifications  to  the  agreement 

where  it  provides  for  them  to  be  adopted  by  a  simplified  procedure  or  by  a  body  set  up  by  the 

agreement.  The  Council  may  attach  specific  conditions  to  such  authorisation. 

8. 

The  Council  shall  act  by  a  qualified  majority  throughout  the  procedure. 

However,  it  shall  act  unanimously  when  the  agreement  covers  a  field  for  which  unanimity  is  required 

for  the  adoption  of  a  Union  act  as  well  as  for  association  agreements  and  the  agreements  referred  to 

in  Article  212  with  the  States  which  are  candidates  for  accession.  The  Council  shall  also  act 

unanimously  for  the  agreement  on  accession  of  the  Union  to  the  European  Convention  for  the 

Protection  of  Human  Rights and  Fundamental  Freedoms; the  decision  concluding  this agreement  shall 

enter  into  force  after  it  has  been  approved  by  the  Member  States  in  accordance  with  their  respective 

constitutional  requirements. 

9. 

The  Council,  on  a  proposal  from  the  Commission  or  the  High  Representative  of  the  Union  for 

Foreign  Affairs  and  Security  Policy,  shall  adopt  a  decision  suspending  application  of  an  agreement 

and  establishing  the  positions  to  be  adopted  on  the  Union's  behalf  in  a  body  set  up  by  an  agreement, 

when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the  exception  of  acts 

supplementing  or  amending  the  institutional  framework  of  the  agreement. 

10. 

The  European  Parliament  shall  be 

immediately  and  fully 

informed  at  all  stages  of 

the  procedure. 

C  202/146 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/147
147147

2. 
In  the  absence  of  an  exchange-rate  system  in  relation  to  one  or  more  currencies  of  third  States 
as  referred  to  in  paragraph  1,  the  Council,  either  on  a  recommendation  from  the  Commission  and 
after  consulting  the  European  Central  Bank  or  on  a  recommendation  from  the  European  Central 
Bank,  may  formulate  general  orientations  for  exchange-rate  policy  in  relation  to  these  currencies. 
These  general  orientations  shall  be  without  prejudice  to  the  primary  objective  of  the  ESCB  to 
maintain  price  stability. 

3. 
By  way  of  derogation  from  Article  218,  where  agreements  concerning  monetary  or  foreign 
exchange  regime  matters  need  to  be  negotiated  by  the  Union  with  one  or  more  third  States  or 
international  organisations,  the  Council,  on  a  recommendation  from  the  Commission  and  after 
consulting  the  European  Central  Bank,  shall  decide  the  arrangements  for  the  negotiation  and  for 
the  conclusion  of  such agreements. These arrangements  shall ensure that  the  Union  expresses a single 
position.  The  Commission  shall  be  fully  associated  with  the  negotiations. 

4.  Without  prejudice  to  Union  competence  and  Union  agreements  as  regards  economic  and 
monetary  union,  Member  States  may  negotiate 
inter­
national  agreements. 

international  bodies  and  conclude 

in 

THE  UNION'S  RELATIONS  WITH  INTERNATIONAL  ORGANISATIONS  AND  THIRD 
COUNTRIES  AND  UNION  DELEGATIONS 

TITLE  VI 

Article  220 

(ex  Articles  302  to  304  TEC) 

11.  A  Member  State,  the  European  Parliament,  the  Council  or  the  Commission  may  obtain  the 

opinion  of  the  Court  of  Justice as  to  whether  an  agreement  envisaged  is  compatible  with  the  Treaties. 

Where  the  opinion  of  the  Court  is  adverse,  the  agreement  envisaged  may  not  enter  into  force  unless 

1. 
The  Union  shall  establish  all  appropriate  forms  of  cooperation  with  the  organs  of  the 
United  Nations  and  its  specialised  agencies,  the  Council  of  Europe,  the  Organisation  for  Security 
and  Cooperation  in  Europe  and  the  Organisation  for  Economic  Cooperation  and  Development. 

it  is  amended  or  the  Treaties  are  revised. 

Article  219 

(ex  Article  111(1)  to  (3)  and  (5)  TEC) 

1. 

By  way  of  derogation  from  Article  218,  the  Council,  either  on  a  recommendation  from  the 

European  Central  Bank  or  on  a  recommendation  from  the  Commission  and  after  consulting  the 

European  Central  Bank,  in  an  endeavour  to  reach  a  consensus  consistent  with  the  objective  of  price 

stability,  may  conclude  formal  agreements  on  an  exchange-rate  system  for  the  euro  in  relation  to  the 

currencies  of 

third  States.  The  Council 

shall 

act  unanimously 

after 

consulting 

the 

European  Parliament  and  in  accordance  with  the  procedure  provided  for  in  paragraph  3. 

The  Council  may,  either  on  a  recommendation  from  the  European  Central  Bank  or  on  a  recom­

mendation  from  the  Commission,  and  after  consulting  the  European  Central  Bank,  in  an  endeavour 

to  reach  a  consensus  consistent  with  the  objective  of  price  stability,  adopt,  adjust  or  abandon  the 

central  rates  of  the  euro  within  the  exchange-rate  system.  The  President  of  the  Council  shall  inform 

the  European  Parliament  of  the  adoption,  adjustment  or  abandonment  of  the  euro  central  rates.

The  Union  shall  also  maintain  such  relations  as  are  appropriate  with  other  international  organisa­
tions. 

The  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  and  the 

2. 
Commission  shall  implement  this  Article. 

Union  delegations 

1. 
the  Union. 

in  third  countries  and  at 

international  organisations  shall  represent 

Article  221 

2. 
Union  delegations  shall  be  placed  under  the  authority  of  the  High  Representative  of  the  Union 
for  Foreign  Affairs  and  Security  Policy.  They  shall  act  in  close  cooperation  with  Member  States' 
diplomatic  and  consular  missions.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/148 
148148

EN 

Official Journal of the European Union 

7.6.2016

TITLE  VII 

SOLIDARITY  CLAUSE 

Article  222 

1. 
The  Union  and  its  Member  States  shall  act  jointly  in  a  spirit  of  solidarity  if  a  Member  State  is 
the  object  of  a  terrorist  attack  or  the  victim  of  a  natural  or  man-made  disaster.  The  Union  shall 
mobilise  all  the  instruments  at  its  disposal,  including  the  military  resources  made  available  by  the 
Member  States,  to: 

(a)  —  prevent  the  terrorist  threat  in  the  territory  of  the  Member  States; 

—  protect  democratic  institutions  and  the  civilian  population  from  any  terrorist  attack; 

—  assist  a  Member  State  in  its  territory, at  the  request of  its  political authorities, in  the  event  of  a 

terrorist  attack; 

(b)  assist  a  Member  State  in  its  territory,  at  the  request  of  its  political  authorities,  in  the  event  of  a 

natural  or  man-made  disaster. 

2. 
Should  a  Member  State  be  the  object  of  a  terrorist  attack  or  the  victim  of  a  natural  or  man- 
made  disaster,  the  other  Member  States  shall  assist  it  at  the  request  of  its  political  authorities.  To  that 
end,  the  Member  States  shall  coordinate  between  themselves  in  the  Council. 

3. 
The  arrangements  for  the  implementation  by  the  Union  of  the  solidarity  clause  shall  be  defined 
by  a  decision  adopted  by  the  Council  acting  on  a  joint  proposal  by  the  Commission  and  the  High 
Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy.  The  Council  shall  act  in 
accordance  with  Article  31(1)  of  the  Treaty  on  European  Union  where  this  decision  has  defence 
implications.  The  European  Parliament  shall  be  informed. 

For  the  purposes  of  this  paragraph  and  without  prejudice  to  Article  240,  the  Council  shall  be 
assisted  by  the  Political  and  Security  Committee  with  the  support  of  the  structures  developed  in  the 
context  of  the  common  security  and  defence  policy  and  by  the  Committee  referred  to  in  Article  71; 
the  two  committees  shall,  if  necessary,  submit  joint  opinions. 

The  European  Council  shall  regularly  assess  the  threats  facing  the  Union  in  order  to  enable  the 

4. 
Union  and  its  Member  States  to  take  effective  action.

Consolidated TreatiesConsolidated Treaties 
C  202/148 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/149
149149

TITLE  VII 

SOLIDARITY  CLAUSE 

Article  222 

1. 

The  Union  and  its  Member  States  shall  act  jointly  in  a  spirit  of  solidarity  if  a  Member  State  is 

the  object  of  a  terrorist  attack  or  the  victim  of  a  natural  or  man-made  disaster.  The  Union  shall 

mobilise  all  the  instruments  at  its  disposal,  including  the  military  resources  made  available  by  the 

Member  States,  to: 

(a)  —  prevent  the  terrorist  threat  in  the  territory  of  the  Member  States; 

—  protect  democratic  institutions  and  the  civilian  population  from  any  terrorist  attack; 

PART  SIX 
INSTITUTIONAL  AND  FINANCIAL  PROVISIONS 

TITLE  I 

INSTITUTIONAL  PROVISIONS 

CHAPTER  1 

THE  INSTITUTIONS 

SECTION  1 

THE  EUROPEAN  PARLIAMENT 

Article  223 

(ex  Article  190(4)  and  (5)  TEC) 

—  assist  a  Member  State  in  its  territory, at  the  request of  its  political authorities, in  the  event  of  a 

terrorist  attack; 

1. 
The  European  Parliament  shall  draw  up  a  proposal  to  lay  down  the  provisions  necessary for  the 
election  of  its  Members  by  direct  universal  suffrage  in  accordance  with  a  uniform  procedure  in  all 
Member  States  or  in  accordance  with  principles  common  to  all  Member  States. 

(b)  assist  a  Member  State  in  its  territory,  at  the  request  of  its  political  authorities,  in  the  event  of  a 

natural  or  man-made  disaster. 

2. 

Should  a  Member  State  be  the  object  of  a  terrorist  attack  or  the  victim  of  a  natural  or  man- 

made  disaster,  the  other  Member  States  shall  assist  it  at  the  request  of  its  political  authorities.  To  that 

end,  the  Member  States  shall  coordinate  between  themselves  in  the  Council. 

The  Council,  acting  unanimously  in  accordance  with  a  special  legislative  procedure  and  after 
obtaining  the  consent  of  the  European  Parliament,  which  shall  act  by  a  majority  of  its  component 
Members,  shall  lay  down  the  necessary  provisions.  These  provisions  shall  enter  into  force  following 
their  approval  by  the  Member  States  in  accordance  with  their  respective  constitutional  requirements. 

3. 

The  arrangements  for  the  implementation  by  the  Union  of  the  solidarity  clause  shall  be  defined 

by  a  decision  adopted  by  the  Council  acting  on  a  joint  proposal  by  the  Commission  and  the  High 

Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy.  The  Council  shall  act  in 

accordance  with  Article  31(1)  of  the  Treaty  on  European  Union  where  this  decision  has  defence 

implications.  The  European  Parliament  shall  be  informed. 

2. 
The  European  Parliament,  acting  by  means  of  regulations  on  its  own  initiative  in  accordance 
with  a  special  legislative  procedure  after  seeking  an  opinion  from  the  Commission  and  with  the 
consent  of  the  Council,  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. 

For  the  purposes  of  this  paragraph  and  without  prejudice  to  Article  240,  the  Council  shall  be 

assisted  by  the  Political  and  Security  Committee  with  the  support  of  the  structures  developed  in  the 

context  of  the  common  security  and  defence  policy  and  by  the  Committee  referred  to  in  Article  71; 

the  two  committees  shall,  if  necessary,  submit  joint  opinions. 

4. 

The  European  Council  shall  regularly  assess  the  threats  facing  the  Union  in  order  to  enable  the 

Union  and  its  Member  States  to  take  effective  action.

Article  224 

(ex  Article  191,  second  subparagraph,  TEC) 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  by  means  of  regulations,  shall  lay  down  the  regulations  governing  political  parties  at 
European  level  referred  to  in  Article  10(4)  of  the  Treaty  on  European  Union  and  in  particular  the 
rules  regarding  their  funding.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/150 
150150

EN 

Official Journal of the European Union 

7.6.2016

Article  225 

(ex  Article  192,  second  subparagraph,  TEC) 

The  European  Parliament  may,  acting  by  a  majority  of 
its  component  Members,  request 
the  Commission  to  submit  any  appropriate  proposal  on  matters  on  which  it  considers  that  a 
Union  act  is  required  for  the  purpose  of  implementing  the  Treaties.  If  the  Commission  does  not 
submit  a  proposal,  it  shall  inform  the  European  Parliament  of  the  reasons. 

Article  226 

(ex  Article  193  TEC) 

In  the  course  of  its  duties,  the  European  Parliament  may,  at  the  request  of  a  quarter  of  its  component 
Members,  set  up  a  temporary  Committee  of  Inquiry  to  investigate,  without  prejudice  to  the  powers 
conferred  by  the  Treaties  on  other  institutions  or  bodies,  alleged  contraventions  or  maladministration 
in  the  implementation  of  Union  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 
the  European  Parliament,  acting  by  means  of  regulations  on  its  own  initiative  in  accordance  with 
a  special  legislative  procedure,  after  obtaining  the  consent  of  the  Council  and  the  Commission. 

Article  227 

(ex  Article  194  TEC) 

Any  citizen  of  the  Union,  and  any  natural  or  legal  person  residing  or  having  its  registered  office  in  a 
Member  State,  shall  have  the  right  to  address,  individually  or  in  association  with  other  citizens  or 
persons,  a  petition  to  the  European  Parliament  on  a  matter  which  comes  within  the  Union's  fields  of 
activity  and  which  affects  him,  her  or  it  directly. 

Article  228 

(ex  Article  195  TEC) 

1.  A  European  Ombudsman,  elected  by  the  European  Parliament,  shall  be  empowered  to  receive 
complaints  from  any  citizen  of  the  Union  or  any  natural  or  legal  person  residing  or  having  its 
registered  office  in  a  Member  State  concerning  instances  of  maladministration  in  the  activities  of  the 
Union  institutions,  bodies,  offices  or  agencies,  with  the  exception  of  the  Court  of  Justice  of 
the  European  Union  acting  in  its  judicial  role.  He  or  she  shall  examine  such  complaints  and 
report  on  them. 

In  accordance  with  his  duties,  the  Ombudsman  shall  conduct  inquiries  for  which  he  finds  grounds, 
either  on  his  own  initiative  or  on  the  basis  of  complaints  submitted  to  him  direct  or  through  a 
Member  of  the  European  Parliament,  except  where  the  alleged  facts  are  or  have  been  the  subject  of 
legal  proceedings.  Where  the  Ombudsman  establishes  an  instance  of  maladministration,  he  shall  refer 
the  matter  to  the  institution,  body,  office  or  agency  concerned,  which  shall  have  a  period  of  three 
months  in  which  to  inform  him  of  its  views.  The  Ombudsman  shall  then  forward  a  report  to  the 
European  Parliament  and  the  institution,  body,  office  or  agency  concerned.  The  person  lodging  the 
complaint  shall  be  informed  of  the  outcome  of  such  inquiries.

Consolidated TreatiesConsolidated Treaties 
C  202/150 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/151
151151

Article  225 

(ex  Article  192,  second  subparagraph,  TEC) 

The  Ombudsman  shall  submit  an  annual  report  to  the  European  Parliament  on  the  outcome  of  his 
inquiries. 

The  European  Parliament  may,  acting  by  a  majority  of 

its  component  Members,  request 

the  Commission  to  submit  any  appropriate  proposal  on  matters  on  which  it  considers  that  a 

Union  act  is  required  for  the  purpose  of  implementing  the  Treaties.  If  the  Commission  does  not 

submit  a  proposal,  it  shall  inform  the  European  Parliament  of  the  reasons. 

The  Ombudsman  shall  be  elected  after  each  election  of  the  European  Parliament  for  the 

2. 
duration  of  its  term  of  office.  The  Ombudsman  shall  be  eligible  for  reappointment. 

Article  226 

(ex  Article  193  TEC) 

The Ombudsman  may be dismissed by the Court of Justice at the request of the European  Parliament 
if  he  no  longer  fulfils  the  conditions  required  for  the  performance  of  his  duties  or  if  he  is  guilty  of 
serious  misconduct. 

3. 
The  Ombudsman  shall  be  completely  independent  in  the  performance  of  his  duties.  In  the 
performance  of  those  duties  he  shall  neither  seek  nor  take  instructions  from  any  Government, 
institution,  body,  office  or  entity.  The  Ombudsman  may  not,  during  his  term  of  office,  engage  in 
any  other  occupation,  whether  gainful  or  not. 

4. 
The  European  Parliament  acting  by  means  of  regulations  on  its  own  initiative  in  accordance 
with  a  special legislative procedure  shall, after  seeking  an  opinion  from  the  Commission  and  with  the 
consent  of  the  Council,  lay  down  the  regulations  and  general  conditions  governing  the  performance 
of  the  Ombudsman's  duties. 

Article  229 

(ex  Article  196  TEC) 

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  part-session  at  the  request  of  a  majority  of  its 
component  Members  or  at  the  request  of  the  Council  or  of  the  Commission. 

Article  230 

(ex  Article  197,  second,  third  and  fourth  paragraph,  TEC) 

The  Commission  may  attend  all  the  meetings  and  shall,  at  its  request,  be  heard. 

The  Commission  shall  reply  orally  or  in  writing  to  questions  put  to  it  by  the  European  Parliament  or 
by  its  Members. 

The  European  Council  and  the  Council  shall  be  heard  by  the  European  Parliament  in  accordance  with 
the  conditions  laid  down  in  the  Rules  of  Procedure  of  the  European  Council  and  those  of 
the  Council.

In  the  course  of  its  duties,  the  European  Parliament  may,  at  the  request  of  a  quarter  of  its  component 

Members,  set  up  a  temporary  Committee  of  Inquiry  to  investigate,  without  prejudice  to  the  powers 

conferred  by  the  Treaties  on  other  institutions  or  bodies,  alleged  contraventions  or  maladministration 

in  the  implementation  of  Union  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 

the  European  Parliament,  acting  by  means  of  regulations  on  its  own  initiative  in  accordance  with 

a  special  legislative  procedure,  after  obtaining  the  consent  of  the  Council  and  the  Commission. 

Any  citizen  of  the  Union,  and  any  natural  or  legal  person  residing  or  having  its  registered  office  in  a 

Member  State,  shall  have  the  right  to  address,  individually  or  in  association  with  other  citizens  or 

persons,  a  petition  to  the  European  Parliament  on  a  matter  which  comes  within  the  Union's  fields  of 

activity  and  which  affects  him,  her  or  it  directly. 

Article  227 

(ex  Article  194  TEC) 

Article  228 

(ex  Article  195  TEC) 

1.  A  European  Ombudsman,  elected  by  the  European  Parliament,  shall  be  empowered  to  receive 

complaints  from  any  citizen  of  the  Union  or  any  natural  or  legal  person  residing  or  having  its 

registered  office  in  a  Member  State  concerning  instances  of  maladministration  in  the  activities  of  the 

Union  institutions,  bodies,  offices  or  agencies,  with  the  exception  of  the  Court  of  Justice  of 

the  European  Union  acting  in  its  judicial  role.  He  or  she  shall  examine  such  complaints  and 

report  on  them. 

In  accordance  with  his  duties,  the  Ombudsman  shall  conduct  inquiries  for  which  he  finds  grounds, 

either  on  his  own  initiative  or  on  the  basis  of  complaints  submitted  to  him  direct  or  through  a 

Member  of  the  European  Parliament,  except  where  the  alleged  facts  are  or  have  been  the  subject  of 

legal  proceedings.  Where  the  Ombudsman  establishes  an  instance  of  maladministration,  he  shall  refer 

the  matter  to  the  institution,  body,  office  or  agency  concerned,  which  shall  have  a  period  of  three 

months  in  which  to  inform  him  of  its  views.  The  Ombudsman  shall  then  forward  a  report  to  the 

European  Parliament  and  the  institution,  body,  office  or  agency  concerned.  The  person  lodging  the 

complaint  shall  be  informed  of  the  outcome  of  such  inquiries.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/152 
152152

EN 

Official Journal of the European Union 

7.6.2016

Article  231 

(ex  Article  198  TEC) 

Save  as  otherwise  provided  in  the  Treaties,  the  European  Parliament  shall  act  by  a  majority  of  the 
votes  cast. 

The  Rules  of  Procedure  shall  determine  the  quorum. 

Article  232 

(ex  Article  199  TEC) 

The  European  Parliament  shall  adopt  its  Rules  of  Procedure,  acting  by  a  majority  of  its  Members. 

The  proceedings  of  the  European  Parliament  shall  be  published  in  the  manner  laid  down  in  the 
Treaties  and  in  its  Rules  of  Procedure. 

Article  233 

(ex  Article  200  TEC) 

The  European  Parliament  shall  discuss  in  open  session  the  annual  general  report  submitted  to  it  by 
the  Commission. 

Article  234 

(ex  Article  201  TEC) 

If  a  motion  of  censure  on  the  activities  of  the  Commission  is  tabled  before  it,  the  European 
Parliament  shall  not  vote  thereon  until  at  least  three  days  after  the  motion  has  been  tabled  and 
only  by  open  vote. 

If  the  motion  of  censure  is  carried  by  a  two-thirds  majority  of  the  votes  cast,  representing  a  majority 
of  the  component  Members  of  the  European  Parliament,  the  members  of  the  Commission  shall 
resign  as  a  body  and  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy 
shall  resign  from  duties  that  he  or  she  carries  out  in  the  Commission.  They  shall  remain  in  office  and 
continue  to  deal  with  current  business  until  they  are  replaced  in  accordance  with  Article  17  of  the 
Treaty  on  European  Union.  In  this  case,  the  term  of  office  of  the  members  of  the  Commission 
appointed  to  replace  them  shall  expire  on  the  date  on  which  the  term  of  office  of  the  members  of 
the  Commission  obliged  to  resign  as  a  body  would  have  expired. 

SECTION  2 

THE  EUROPEAN  COUNCIL 

Article  235 

1.  Where  a  vote  is  taken,  any  member  of  the  European  Council  may  also  act  on  behalf  of  not 
more  than  one  other  member.

Consolidated TreatiesConsolidated Treaties 
C  202/152 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/153
153153

Save  as  otherwise  provided  in  the  Treaties,  the  European  Parliament  shall  act  by  a  majority  of  the 

votes  cast. 

The  Rules  of  Procedure  shall  determine  the  quorum. 

Article  16(4)  of  the  Treaty  on  European  Union  and  Article  238(2)  of  this  Treaty  shall  apply  to  the 
European  Council  when  it  is  acting  by  a  qualified  majority.  Where  the  European  Council  decides  by 
vote,  its  President  and  the  President  of  the  Commission  shall  not  take  part  in  the  vote. 

Abstentions  by  members  present  in  person  or  represented  shall  not  prevent  the  adoption  by  the 
European  Council  of  acts  which  require  unanimity. 

2. 

The  President  of  the  European  Parliament  may  be  invited  to  be  heard by  the  European  Council. 

The  European  Parliament  shall  adopt  its  Rules  of  Procedure,  acting  by  a  majority  of  its  Members. 

The  European  Council  shall  act  by  a  simple  majority  for  procedural  questions  and  for  the 

3. 
adoption  of  its  Rules  of  Procedure. 

The  proceedings  of  the  European  Parliament  shall  be  published  in  the  manner  laid  down  in  the 

4. 

The  European  Council  shall  be  assisted  by  the  General  Secretariat  of  the  Council. 

Treaties  and  in  its  Rules  of  Procedure. 

The  European  Council  shall  adopt  by  a  qualified  majority: 

Article  236 

(a)  a  decision  establishing  the  list  of  Council  configurations,  other  than  those  of  the  General  Affairs 
Council  and  of  the  Foreign  Affairs  Council,  in  accordance  with  Article  16(6)  of  the  Treaty  on 
European  Union; 

(b)  a  decision  on  the  Presidency  of  Council  configurations,  other  than  that  of  Foreign  Affairs,  in 

accordance  with  Article  16(9)  of  the  Treaty  on  European  Union. 

SECTION  3 

THE  COUNCIL 

Article  237 

(ex  Article  204  TEC) 

The  Council  shall  meet  when  convened  by  its  President  on  his  own  initiative  or  at  the  request  of 
one  of  its  Members  or  of  the  Commission. 

Article  238 

(ex  Article  205(1)  and  (2),  TEC) 

1.  Where  it  is  required  to  act  by  a  simple  majority,  the  Council  shall  act  by  a  majority  of  its 
component  members. 

Article  231 

(ex  Article  198  TEC) 

Article  232 

(ex  Article  199  TEC) 

Article  233 

(ex  Article  200  TEC) 

Article  234 

(ex  Article  201  TEC) 

The  European  Parliament  shall  discuss  in  open  session  the  annual  general  report  submitted  to  it  by 

the  Commission. 

If  a  motion  of  censure  on  the  activities  of  the  Commission  is  tabled  before  it,  the  European 

Parliament  shall  not  vote  thereon  until  at  least  three  days  after  the  motion  has  been  tabled  and 

only  by  open  vote. 

If  the  motion  of  censure  is  carried  by  a  two-thirds  majority  of  the  votes  cast,  representing  a  majority 

of  the  component  Members  of  the  European  Parliament,  the  members  of  the  Commission  shall 

resign  as  a  body  and  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy 

shall  resign  from  duties  that  he  or  she  carries  out  in  the  Commission.  They  shall  remain  in  office  and 

continue  to  deal  with  current  business  until  they  are  replaced  in  accordance  with  Article  17  of  the 

Treaty  on  European  Union.  In  this  case,  the  term  of  office  of  the  members  of  the  Commission 

appointed  to  replace  them  shall  expire  on  the  date  on  which  the  term  of  office  of  the  members  of 

the  Commission  obliged  to  resign  as  a  body  would  have  expired. 

SECTION  2 

THE  EUROPEAN  COUNCIL 

Article  235 

1.  Where  a  vote  is  taken,  any  member  of  the  European  Council  may  also  act  on  behalf  of  not 

more  than  one  other  member.

the  Treaty  on  European  Union,  as 
2. 
from  1  November  2014  and  subject  to  the  provisions  laid  down  in  the  Protocol  on  transitional

from  Article  16(4)  of 

By  way  of  derogation 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/154 
154154

EN 

Official Journal of the European Union 

7.6.2016

provisions,  where  the  Council  does  not  act  on  a  proposal  from  the  Commission  or  from  the 
High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy,  the  qualified  majority 
shall  be  defined  as  at  least  72 %  of  the  members  of  the  Council,  representing  Member  States 
comprising  at  least  65 %  of  the  population  of  the  Union. 

3.  As  from  1  November  2014  and  subject  to  the  provisions  laid  down  in  the  Protocol  on 
transitional  provisions,  in  cases  where,  under  the  Treaties,  not  all  the  members  of  the  Council 
participate  in  voting,  a  qualified  majority  shall  be  defined  as  follows: 

(a)  A  qualified  majority  shall  be  defined  as  at  least  55 %  of  the  members  of  the  Council  representing 
the  participating  Member  States,  comprising  at  least  65 %  of  the  population  of  these  States. 

A  blocking  minority  must  include  at  least  the  minimum  number  of  Council  members  repre­
senting more than 35 %  of the population of the participating Member States, plus  one  member, 
failing  which  the  qualified  majority  shall  be  deemed  attained; 

(b)  By  way  of  derogation  from  point  (a),  where  the  Council  does  not  act  on  a  proposal  from 
the  Commission  or  from  the  High  Representative  of  the  Union  for  Foreign  Affairs  and 
Security  Policy,  the  qualified  majority  shall  be  defined  as  at  least  72 %  of  the  members  of  the 
Council  representing  the  participating  Member  States,  comprising  at  least  65 %  of  the  population 
of  these  States. 

4.  Abstentions  by  Members  present  in  person  or  represented  shall  not  prevent  the  adoption  by 
the  Council  of  acts  which  require  unanimity. 

Article  239 

(ex  Article  206  TEC) 

Where  a  vote  is  taken,  any  Member  of  the  Council  may  also  act  on  behalf  of  not  more  than 
one  other  member. 

Article  240 

(ex  Article  207  TEC) 

1.  A  committee  consisting  of  the  Permanent  Representatives  of  the  Governments  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  latter.  The  Committee  may  adopt  procedural  decisions  in  cases 
provided  for  in  the  Council's  Rules  of  Procedure. 

The  Council  shall  be  assisted  by  a  General  Secretariat,  under  the  responsibility  of  a  Secretary- 

2. 
General  appointed  by  the  Council. 

The  Council  shall  decide  on  the  organisation  of  the  General  Secretariat  by  a  simple  majority. 

The  Council  shall  act  by  a  simple  majority  regarding  procedural  matters  and  for  the  adoption 

3. 
of  its  Rules  of  Procedure.

Consolidated TreatiesConsolidated Treaties 
C  202/154 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/155
155155

provisions,  where  the  Council  does  not  act  on  a  proposal  from  the  Commission  or  from  the 

High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy,  the  qualified  majority 

shall  be  defined  as  at  least  72 %  of  the  members  of  the  Council,  representing  Member  States 

comprising  at  least  65 %  of  the  population  of  the  Union. 

3.  As  from  1  November  2014  and  subject  to  the  provisions  laid  down  in  the  Protocol  on 

transitional  provisions,  in  cases  where,  under  the  Treaties,  not  all  the  members  of  the  Council 

participate  in  voting,  a  qualified  majority  shall  be  defined  as  follows: 

(a)  A  qualified  majority  shall  be  defined  as  at  least  55 %  of  the  members  of  the  Council  representing 

the  participating  Member  States,  comprising  at  least  65 %  of  the  population  of  these  States. 

A  blocking  minority  must  include  at  least  the  minimum  number  of  Council  members  repre­

senting more than 35 %  of the population of the participating Member States, plus  one  member, 

failing  which  the  qualified  majority  shall  be  deemed  attained; 

(b)  By  way  of  derogation  from  point  (a),  where  the  Council  does  not  act  on  a  proposal  from 

the  Commission  or  from  the  High  Representative  of  the  Union  for  Foreign  Affairs  and 

Security  Policy,  the  qualified  majority  shall  be  defined  as  at  least  72 %  of  the  members  of  the 

Council  representing  the  participating  Member  States,  comprising  at  least  65 %  of  the  population 

of  these  States. 

4.  Abstentions  by  Members  present  in  person  or  represented  shall  not  prevent  the  adoption  by 

the  Council  of  acts  which  require  unanimity. 

Article  241 

(ex  Article  208  TEC) 

The  Council,  acting  by  a  simple  majority,  may  request  the  Commission  to  undertake  any  studies 
the  Council considers  desirable  for  the  attainment  of  the  common  objectives, and  to  submit  to  it  any 
appropriate  proposals.  If  the  Commission  does  not  submit  a  proposal,  it  shall  inform  the  Council  of 
the  reasons. 

Article  242 

(ex  Article  209  TEC) 

The  Council,  acting  by  a  simple  majority  shall,  after  consulting  the  Commission,  determine  the  rules 
governing  the  committees  provided  for  in  the  Treaties. 

Article  243 

(ex  Article  210  TEC) 

The  Council  shall  determine  the  salaries,  allowances  and  pensions  of  the  President  of  the 
European  Council,  the  President  of  the  Commission,  the  High  Representative  of  the  Union  for 
Foreign  Affairs  and  Security  Policy,  the  Members  of  the  Commission,  the  Presidents,  Members  and 
Registrars  of  the  Court  of  Justice  of  the  European  Union,  and  the  Secretary-General  of  the  Council.  It 
shall  also  determine  any  payment  to  be  made  instead  of  remuneration. 

Article  239 

(ex  Article  206  TEC) 

Article  240 

(ex  Article  207  TEC) 

Where  a  vote  is  taken,  any  Member  of  the  Council  may  also  act  on  behalf  of  not  more  than 

one  other  member. 

1.  A  committee  consisting  of  the  Permanent  Representatives  of  the  Governments  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  latter.  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  appointed  by  the  Council. 

The  Council  shall  decide  on  the  organisation  of  the  General  Secretariat  by  a  simple  majority. 

SECTION  4 

THE  COMMISSION 

Article  244 

In  accordance  with  Article  17(5)  of  the  Treaty  on  European  Union,  the  Members  of  the  Commission 
the 
shall  be  chosen  on 
European  Council  and  on  the  basis  of  the  following  principles: 

the  basis  of  a  system  of  rotation  established  unanimously  by 

(a)  Member  States  shall  be  treated  on  a  strictly  equal  footing  as  regards  determination  of  the 
sequence of,  and  the  time  spent  by,  their  nationals  as  members  of  the  Commission;  consequently, 
the  difference  between  the  total  number  of  terms  of  office  held  by  nationals  of  any  given  pair  of 
Member  States  may  never  be  more  than  one; 

3. 

The  Council  shall  act  by  a  simple  majority  regarding  procedural  matters  and  for  the  adoption 

(b)  subject  to  point  (a),  each  successive  Commission  shall  be  so  composed  as  to  reflect  satisfactorily 

of  its  Rules  of  Procedure.

the  demographic  and  geographical  range  of  all  the  Member  States.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/156 
156156

EN 

Official Journal of the European Union 

7.6.2016

Article  245 

(ex  Article  213  TEC) 

The  Members  of  the  Commission  shall  refrain  from  any  action  incompatible  with  their  duties. 
Member  States  shall  respect  their  independence  and  shall  not  seek  to  influence  them  in  the 
performance  of  their  tasks. 

The  Members  of  the  Commission  may  not,  during  their  term  of  office,  engage  in  any  other  occu­
pation,  whether gainful  or  not.  When  entering  upon  their duties  they  shall give  a  solemn  undertaking 
that, both  during  and  after their term  of  office, they will respect the  obligations  arising  therefrom  and 
in  particular  their  duty  to  behave  with  integrity  and  discretion  as  regards  the  acceptance,  after  they 
have  ceased  to  hold  office,  of  certain  appointments  or  benefits.  In  the  event  of  any  breach  of  these 
obligations,  the  Court  of  Justice  may,  on  application  by  the  Council  acting  by  a  simple  majority  or 
the  Commission,  rule  that  the  Member  concerned  be,  according  to  the  circumstances,  either  compul­
sorily  retired  in  accordance  with  Article  247  or  deprived  of  his  right  to  a  pension  or  other  benefits 
in  its  stead. 

Article  246 

(ex  Article  215  TEC) 

Apart  from  normal  replacement,  or  death,  the  duties  of  a  Member  of  the  Commission  shall  end 
when  he  resigns  or  is  compulsorily  retired. 

A  vacancy  caused  by  resignation,  compulsory  retirement  or  death  shall  be  filled  for  the  remainder  of 
the  Member's  term  of  office  by  a  new  Member  of  the  same  nationality  appointed  by  the  Council,  by 
common  accord  with  the  President  of  the  Commission,  after  consulting  the  European  Parliament  and 
in  accordance  with  the  criteria  set  out  in  the  second  subparagraph  of  Article  17(3)  of  the  Treaty  on 
European  Union. 

The  Council  may,  acting  unanimously  on  a  proposal  from  the  President  of  the  Commission,  decide 
that  such  a  vacancy  need  not  be  filled,  in  particular  when  the  remainder  of  the  Member's  term  of 
office  is  short. 

In  the  event  of  resignation,  compulsory  retirement  or  death,  the  President  shall  be  replaced  for  the 
remainder  of  his  term  of  office.  The  procedure  laid  down  in  the  first  subparagraph  of  Article  17(7) 
of  the  Treaty  on  European  Union  shall  be  applicable  for  the  replacement  of  the  President. 

In  the  event  of  resignation,  compulsory retirement  or  death, the  High Representative of  the  Union  for 
Foreign  Affairs  and  Security  Policy  shall  be  replaced, for  the  remainder  of  his  or  her  term  of  office,  in 
accordance  with  Article  18(1)  of  the  Treaty  on  European  Union. 

In  the  case  of  the  resignation  of  all  the  Members  of  the  Commission,  they  shall  remain  in  office  and 
continue  to  deal  with  current  business  until  they  have  been  replaced,  for  the  remainder  of  their  term 
of  office,  in  accordance  with  Article  17  of  the  Treaty  on  European  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/156 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/157
157157

Article  245 

(ex  Article  213  TEC) 

Article  247 

(ex  Article  216  TEC) 

The  Members  of  the  Commission  shall  refrain  from  any  action  incompatible  with  their  duties. 

Member  States  shall  respect  their  independence  and  shall  not  seek  to  influence  them  in  the 

performance  of  their  tasks. 

If  any  Member  of  the  Commission  no  longer  fulfils  the  conditions  required  for  the  performance  of 
his  duties  or  if  he  has  been  guilty  of  serious  misconduct,  the  Court  of  Justice  may,  on  application  by 
the  Council  acting  by  a  simple  majority  or  the  Commission,  compulsorily  retire  him. 

The  Members  of  the  Commission  may  not,  during  their  term  of  office,  engage  in  any  other  occu­

pation,  whether gainful  or  not.  When  entering  upon  their duties  they  shall give  a  solemn  undertaking 

that, both  during  and  after their term  of  office, they will respect the  obligations  arising  therefrom  and 

in  particular  their  duty  to  behave  with  integrity  and  discretion  as  regards  the  acceptance,  after  they 

have  ceased  to  hold  office,  of  certain  appointments  or  benefits.  In  the  event  of  any  breach  of  these 

obligations,  the  Court  of  Justice  may,  on  application  by  the  Council  acting  by  a  simple  majority  or 

the  Commission,  rule  that  the  Member  concerned  be,  according  to  the  circumstances,  either  compul­

sorily  retired  in  accordance  with  Article  247  or  deprived  of  his  right  to  a  pension  or  other  benefits 

in  its  stead. 

Article  248 

(ex  Article  217(2)  TEC) 

Without  prejudice  to  Article  18(4)  of  the  Treaty  on  European  Union,  the  responsibilities  incumbent 
upon  the  Commission  shall  be  structured  and  allocated  among  its  members  by  its  President,  in 
accordance  with  Article  17(6)  of  that  Treaty.  The  President  may  reshuffle  the  allocation  of  those 
responsibilities  during  the  Commission's  term  of  office.  The  Members  of  the  Commission  shall  carry 
out  the  duties  devolved  upon  them  by  the  President  under  his  authority. 

Article  246 

(ex  Article  215  TEC) 

Article  249 

(ex  Articles  218(2)  and  212  TEC) 

Apart  from  normal  replacement,  or  death,  the  duties  of  a  Member  of  the  Commission  shall  end 

when  he  resigns  or  is  compulsorily  retired. 

The  Commission  shall  adopt  its  Rules  of  Procedure  so  as  to  ensure  that  both  it  and  its 

1. 
departments  operate.  It  shall  ensure  that  these  Rules  are  published. 

A  vacancy  caused  by  resignation,  compulsory  retirement  or  death  shall  be  filled  for  the  remainder  of 

the  Member's  term  of  office  by  a  new  Member  of  the  same  nationality  appointed  by  the  Council,  by 

common  accord  with  the  President  of  the  Commission,  after  consulting  the  European  Parliament  and 

in  accordance  with  the  criteria  set  out  in  the  second  subparagraph  of  Article  17(3)  of  the  Treaty  on 

European  Union. 

office  is  short. 

The  Council  may,  acting  unanimously  on  a  proposal  from  the  President  of  the  Commission,  decide 

that  such  a  vacancy  need  not  be  filled,  in  particular  when  the  remainder  of  the  Member's  term  of 

In  the  event  of  resignation,  compulsory  retirement  or  death,  the  President  shall  be  replaced  for  the 

remainder  of  his  term  of  office.  The  procedure  laid  down  in  the  first  subparagraph  of  Article  17(7) 

of  the  Treaty  on  European  Union  shall  be  applicable  for  the  replacement  of  the  President. 

In  the  event  of  resignation,  compulsory retirement  or  death, the  High Representative of  the  Union  for 

Foreign  Affairs  and  Security  Policy  shall  be  replaced, for  the  remainder  of  his  or  her  term  of  office,  in 

accordance  with  Article  18(1)  of  the  Treaty  on  European  Union. 

In  the  case  of  the  resignation  of  all  the  Members  of  the  Commission,  they  shall  remain  in  office  and 

continue  to  deal  with  current  business  until  they  have  been  replaced,  for  the  remainder  of  their  term 

of  office,  in  accordance  with  Article  17  of  the  Treaty  on  European  Union.

The  Commission  shall  publish  annually,  not  later  than  one  month  before  the  opening  of  the 

2. 
session  of  the  European  Parliament,  a  general  report  on  the  activities  of  the  Union. 

The  Commission  shall  act  by  a  majority  of  its  Members. 

Article  250 

(ex  Article  219  TEC) 

Its  Rules  of  Procedure  shall  determine  the  quorum. 

SECTION  5 

THE  COURT  OF  JUSTICE  OF  THE  EUROPEAN  UNION 

Article  251 

(ex  Article  221  TEC) 

The  Court  of  Justice  shall  sit  in  chambers  or  in  a  Grand  Chamber,  in  accordance  with  the  rules  laid 
down  for  that  purpose  in  the  Statute  of  the  Court  of  Justice  of  the  European  Union. 

When  provided  for  in  the  Statute,  the  Court  of  Justice  may  also  sit  as  a  full  Court.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/158 
158158

EN 

Official Journal of the European Union 

7.6.2016

Article  252 

(ex  Article  222  TEC) 

The  Court  of  Justice  shall  be  assisted  by  eight  Advocates-General.  Should  the  Court  of  Justice 
so  request,  the  Council,  acting  unanimously,  may  increase  the  number  of  Advocates-General. 

It  shall  be  the  duty  of  the  Advocate-General,  acting  with  complete  impartiality  and  independence,  to 
make,  in  open  court,  reasoned  submissions  on  cases  which,  in  accordance  with  the  Statute  of  the 
Court  of  Justice  of  the  European  Union,  require  his  involvement. 

Article  253 

(ex  Article  223  TEC) 

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 
jurisconsults  of  recognised 
competence;  they  shall  be  appointed  by  common  accord  of  the  governments  of  the  Member 
States  for  a  term  of  six  years,  after  consultation  of  the  panel  provided  for  in  Article  255. 

in  their  respective  countries  or  who  are 

judicial  offices 

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

laid  down 

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. 

Article  254 

(ex  Article  224  TEC) 

The  number  of  Judges  of  the  General  Court  shall  be  determined  by  the  Statute  of  the  Court  of  Justice 
of  the  European  Union.  The  Statute  may  provide  for  the  General  Court  to  be  assisted  by  Advocates- 
General. 

The  members  of  the  General  Court  shall  be  chosen  from  persons  whose  independence  is  beyond 
doubt  and  who  possess  the  ability  required  for  appointment  to  high  judicial  office.  They  shall  be 
appointed  by  common  accord  of  the  governments  of  the  Member  States  for  a  term  of  six  years,  after 
consultation  of  the  panel  provided  for  in  Article  255.  The  membership  shall  be  partially  renewed 
every  three  years.  Retiring  members  shall  be  eligible  for  reappointment.

Consolidated TreatiesConsolidated Treaties 
Article  252 

(ex  Article  222  TEC) 

Article  253 

(ex  Article  223  TEC) 

It  shall  be  the  duty  of  the  Advocate-General,  acting  with  complete  impartiality  and  independence,  to 

make,  in  open  court,  reasoned  submissions  on  cases  which,  in  accordance  with  the  Statute  of  the 

Court  of  Justice  of  the  European  Union,  require  his  involvement. 

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,  after  consultation  of  the  panel  provided  for  in  Article  255. 

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  of  the 

European  Union. 

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. 

General. 

Article  254 

(ex  Article  224  TEC) 

C  202/158 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/159
159159

The  Court  of  Justice  shall  be  assisted  by  eight  Advocates-General.  Should  the  Court  of  Justice 

so  request,  the  Council,  acting  unanimously,  may  increase  the  number  of  Advocates-General. 

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

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

The  General  Court  shall  establish  its  Rules of  Procedure in  agreement  with  the  Court  of  Justice. Those 
Rules  shall  require  the  approval  of  the  Council. 

Unless  the  Statute  of  the  Court  of  Justice  of  the  European  Union  provides  otherwise,  the  provisions 
of  the  Treaties  relating  to  the  Court  of  Justice  shall  apply  to  the  General  Court. 

A  panel  shall  be  set  up  in  order  to  give  an  opinion  on  candidates'  suitability  to  perform  the  duties  of 
Judge  and  Advocate-General  of  the  Court  of  Justice and  the  General  Court  before  the  governments  of 
the  Member  States  make  the  appointments  referred  to  in  Articles  253  and  254. 

Article  255 

The  panel  shall  comprise  seven  persons  chosen  from  among  former  members  of  the  Court  of  Justice 
and  the  General  Court,  members  of  national  supreme  courts  and  lawyers  of  recognised  competence, 
one  of  whom  shall  be  proposed  by  the  European  Parliament.  The  Council  shall  adopt  a  decision 
establishing  the  panel's  operating  rules  and  a  decision  appointing  its  members.  It  shall  act  on  the 
initiative  of  the  President  of  the  Court  of  Justice. 

Article  256 

(ex  Article  225  TEC) 

1. 
The  General  Court  shall  have  jurisdiction  to  hear  and  determine  at  first  instance  actions  or 
proceedings  referred  to  in  Articles  263,  265,  268,  270  and  272,  with  the  exception  of  those 
assigned  to  a  specialised  court  set  up  under  Article  257  and  those  reserved  in  the  Statute  for  the 
Court  of  Justice.  The  Statute  may  provide  for  the  General  Court  to  have  jurisdiction  for  other  classes 
of  action  or  proceeding. 

Decisions  given  by  the  General  Court  under  this  paragraph may  be  subject  to  a  right  of  appeal  to  the 
Court  of  Justice  on  points  of  law  only,  under  the  conditions  and  within  the  limits  laid  down  by 
the  Statute. 

The  number  of  Judges  of  the  General  Court  shall  be  determined  by  the  Statute  of  the  Court  of  Justice 

of  the  European  Union.  The  Statute  may  provide  for  the  General  Court  to  be  assisted  by  Advocates- 

The  General  Court  shall  have  jurisdiction  to  hear  and  determine  actions  or  proceedings  brought 

2. 
against  decisions  of  the  specialised  courts. 

The  members  of  the  General  Court  shall  be  chosen  from  persons  whose  independence  is  beyond 

doubt  and  who  possess  the  ability  required  for  appointment  to  high  judicial  office.  They  shall  be 

appointed  by  common  accord  of  the  governments  of  the  Member  States  for  a  term  of  six  years,  after 

consultation  of  the  panel  provided  for  in  Article  255.  The  membership  shall  be  partially  renewed 

every  three  years.  Retiring  members  shall  be  eligible  for  reappointment.

Decisions  given  by  the  General  Court  under  this  paragraph may  exceptionally  be  subject  to  review  by 
the  Court  of  Justice,  under  the  conditions  and  within  the  limits  laid  down  by  the  Statute,  where  there 
is  a  serious  risk  of  the  unity  or  consistency  of  Union  law  being  affected. 

The  General  Court  shall  have  jurisdiction  to  hear  and  determine  questions  referred  for  a 

3. 
preliminary  ruling  under  Article  267,  in  specific  areas  laid  down  by  the  Statute.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/160 
160160

EN 

Official Journal of the European Union 

7.6.2016

Where  the  General  Court  considers  that  the  case  requires  a  decision  of  principle  likely  to  affect  the 
unity  or  consistency  of  Union  law,  it  may  refer  the  case  to  the  Court  of  Justice  for  a  ruling. 

Decisions  given  by  the  General  Court  on  questions  referred  for  a  preliminary  ruling  may  excep­
tionally  be  subject  to  review  by  the  Court  of  Justice,  under  the  conditions  and  within  the  limits  laid 
down  by  the  Statute,  where  there  is  a  serious  risk  of  the  unity  or  consistency  of  Union  law  being 
affected. 

Article  257 

(ex  Article  225a  TEC) 

first 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  may  establish  specialised  courts  attached  to  the  General  Court  to  hear  and  determine 
at 
specific  areas. 
The  European  Parliament  and  the  Council  shall  act  by  means  of  regulations  either  on  a  proposal 
from  the  Commission  after  consultation  of  the  Court  of  Justice  or  at  the  request  of  the  Court  of 
Justice  after  consultation  of  the  Commission. 

classes  of  action  or  proceeding  brought 

instance 

certain 

in 

The  regulation  establishing  a  specialised  court  shall  lay  down  the  rules  on  the  organisation  of  the 
court  and  the  extent  of  the  jurisdiction  conferred  upon  it. 

Decisions  given  by  specialised  courts  may  be  subject  to  a  right  of  appeal  on  points  of  law  only  or, 
when  provided  for  in  the  regulation  establishing  the  specialised  court,  a  right  of  appeal  also  on 
matters  of  fact,  before  the  General  Court. 

The  members  of  the  specialised  courts  shall  be  chosen  from  persons  whose  independence  is  beyond 
doubt  and  who  possess  the  ability  required  for  appointment  to  judicial  office.  They  shall  be 
appointed  by  the  Council,  acting  unanimously. 

The  specialised  courts  shall  establish  their  Rules  of  Procedure  in  agreement  with  the  Court  of  Justice. 
Those  Rules  shall  require  the  approval  of  the  Council. 

Unless  the  regulation  establishing  the  specialised  court  provides  otherwise,  the  provisions  of  the 
Treaties  relating  to  the  Court  of  Justice  of  the  European  Union  and  the  provisions  of  the  Statute  of 
the  Court  of  Justice  of  the  European  Union  shall  apply  to  the  specialised  courts.  Title  I  of  the  Statute 
and  Article  64  thereof  shall  in  any  case  apply  to  the  specialised  courts. 

Article  258 

(ex  Article  226  TEC) 

If  the  Commission  considers  that  a  Member  State  has  failed  to  fulfil  an  obligation  under  the  Treaties, 
it  shall  deliver  a  reasoned  opinion  on  the  matter  after  giving  the  State  concerned  the  opportunity  to 
submit  its  observations. 

If  the  State  concerned  does  not  comply  with  the  opinion  within  the  period  laid  down  by 
the  Commission,  the  latter  may  bring  the  matter  before  the  Court  of  Justice  of  the  European  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/160 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/161
161161

Where  the  General  Court  considers  that  the  case  requires  a  decision  of  principle  likely  to  affect  the 

unity  or  consistency  of  Union  law,  it  may  refer  the  case  to  the  Court  of  Justice  for  a  ruling. 

Decisions  given  by  the  General  Court  on  questions  referred  for  a  preliminary  ruling  may  excep­

tionally  be  subject  to  review  by  the  Court  of  Justice,  under  the  conditions  and  within  the  limits  laid 

down  by  the  Statute,  where  there  is  a  serious  risk  of  the  unity  or  consistency  of  Union  law  being 

affected. 

Article  257 

(ex  Article  225a  TEC) 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

procedure,  may  establish  specialised  courts  attached  to  the  General  Court  to  hear  and  determine 

at 

first 

instance 

certain 

classes  of  action  or  proceeding  brought 

in 

specific  areas. 

The  European  Parliament  and  the  Council  shall  act  by  means  of  regulations  either  on  a  proposal 

from  the  Commission  after  consultation  of  the  Court  of  Justice  or  at  the  request  of  the  Court  of 

Justice  after  consultation  of  the  Commission. 

The  regulation  establishing  a  specialised  court  shall  lay  down  the  rules  on  the  organisation  of  the 

court  and  the  extent  of  the  jurisdiction  conferred  upon  it. 

Article  259 

(ex  Article  227  TEC) 

A  Member  State  which  considers  that  another  Member  State  has  failed  to  fulfil  an  obligation  under 
the  Treaties  may  bring  the  matter  before  the  Court  of  Justice  of  the  European  Union. 

Before  a  Member  State  brings  an  action  against  another  Member  State  for  an  alleged  infringement  of 
an  obligation  under  the  Treaties,  it  shall  bring  the  matter  before  the  Commission. 

The  Commission  shall  deliver  a  reasoned  opinion  after  each  of  the  States  concerned  has  been  given 
the  opportunity  to  submit  its  own  case  and  its  observations  on  the  other  party's  case  both  orally  and 
in  writing. 

If  the  Commission  has  not  delivered  an  opinion  within  three  months  of  the  date  on  which  the 
matter  was  brought  before  it,  the  absence  of  such  opinion  shall  not  prevent  the  matter  from  being 
brought  before  the  Court. 

Article  260 

(ex  Article  228  TEC) 

Decisions  given  by  specialised  courts  may  be  subject  to  a  right  of  appeal  on  points  of  law  only  or, 

when  provided  for  in  the  regulation  establishing  the  specialised  court,  a  right  of  appeal  also  on 

matters  of  fact,  before  the  General  Court. 

If  the  Court  of  Justice  of  the  European  Union  finds  that  a  Member  State  has  failed  to  fulfil  an 
1. 
obligation  under  the  Treaties,  the  State  shall  be  required  to  take  the  necessary  measures  to  comply 
with  the  judgment  of  the  Court. 

The  members  of  the  specialised  courts  shall  be  chosen  from  persons  whose  independence  is  beyond 

doubt  and  who  possess  the  ability  required  for  appointment  to  judicial  office.  They  shall  be 

appointed  by  the  Council,  acting  unanimously. 

The  specialised  courts  shall  establish  their  Rules  of  Procedure  in  agreement  with  the  Court  of  Justice. 

Those  Rules  shall  require  the  approval  of  the  Council. 

Unless  the  regulation  establishing  the  specialised  court  provides  otherwise,  the  provisions  of  the 

Treaties  relating  to  the  Court  of  Justice  of  the  European  Union  and  the  provisions  of  the  Statute  of 

the  Court  of  Justice  of  the  European  Union  shall  apply  to  the  specialised  courts.  Title  I  of  the  Statute 

and  Article  64  thereof  shall  in  any  case  apply  to  the  specialised  courts. 

Article  258 

(ex  Article  226  TEC) 

If  the  Commission  considers  that  a  Member  State  has  failed  to  fulfil  an  obligation  under  the  Treaties, 

it  shall  deliver  a  reasoned  opinion  on  the  matter  after  giving  the  State  concerned  the  opportunity  to 

submit  its  observations. 

If  the  Commission  considers  that  the  Member  State  concerned  has  not  taken  the  necessary 
2. 
measures  to  comply  with  the  judgment  of  the  Court,  it  may  bring  the  case  before  the  Court  after 
giving  that  State  the  opportunity  to  submit  its  observations.  It  shall  specify  the  amount  of  the  lump 
sum  or  penalty payment  to  be  paid by  the  Member  State  concerned  which  it  considers  appropriate in 
the  circumstances. 

If  the  Court  finds  that  the  Member  State  concerned  has  not  complied  with  its  judgment  it  may 
impose  a  lump  sum  or  penalty  payment  on  it. 

This  procedure  shall  be  without  prejudice  to  Article  259. 

3.  When  the  Commission  brings  a  case  before  the  Court  pursuant  to  Article  258  on  the  grounds 
that  the  Member  State  concerned  has  failed  to  fulfil  its  obligation  to  notify  measures  transposing  a 
directive  adopted  under  a  legislative  procedure,  it  may,  when  it  deems  appropriate,  specify  the 
amount  of  the  lump  sum  or  penalty  payment  to  be  paid  by  the  Member  State  concerned  which 
it  considers  appropriate  in  the  circumstances. 

If  the  State  concerned  does  not  comply  with  the  opinion  within  the  period  laid  down  by 

the  Commission,  the  latter  may  bring  the  matter  before  the  Court  of  Justice  of  the  European  Union.

If  the  Court  finds  that  there  is  an  infringement  it  may  impose  a  lump  sum  or  penalty  payment  on 
the  Member  State  concerned  not  exceeding  the  amount  specified  by  the  Commission.  The  payment 
obligation  shall  take  effect  on  the  date  set  by  the  Court  in  its  judgment.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/162 
162162

EN 

Official Journal of the European Union 

7.6.2016

Article  261 

(ex  Article  229  TEC) 

Regulations  adopted  jointly  by  the  European  Parliament  and  the  Council,  and  by  the  Council, 
pursuant  to  the  provisions  of  the  Treaties,  may  give  the  Court  of  Justice  of  the  European  Union 
unlimited  jurisdiction  with  regard  to  the  penalties  provided  for  in  such  regulations. 

Article  262 

(ex  Article  229a  TEC) 

Without  prejudice  to  the  other  provisions  of  the  Treaties,  the  Council,  acting  unanimously  in 
accordance  with  a  special  legislative  procedure  and  after  consulting  the  European  Parliament,  may 
adopt  provisions  to  confer  jurisdiction, to  the  extent  that it shall determine, on  the  Court  of  Justice of 
the  European  Union  in  disputes  relating  to  the  application  of  acts  adopted  on  the  basis  of  the 
Treaties  which  create  European  intellectual  property  rights.  These  provisions  shall  enter  into  force 
after  their  approval  by  the  Member  States  in  accordance  with  their  respective  constitutional  require­
ments. 

Article  263 

(ex  Article  230  TEC) 

The  Court  of  Justice  of  the  European  Union  shall  review  the  legality  of  legislative  acts,  of  acts  of  the 
Council,  of  the  Commission  and  of  the  European  Central  Bank,  other  than  recommendations  and 
opinions,  and  of  acts  of  the  European  Parliament  and  of  the  European  Council  intended  to  produce 
legal  effects  vis-à-vis  third  parties.  It  shall  also  review  the  legality  of  acts  of  bodies,  offices  or  agencies 
of  the  Union  intended  to  produce  legal  effects  vis-à-vis  third  parties. 

for 

this  purpose  have 

the 
It  shall 
European  Parliament,  the  Council  or  the  Commission  on  grounds  of 
lack  of  competence, 
infringement  of  an  essential  procedural  requirement,  infringement  of  the  Treaties  or  of  any  rule  of 
law  relating  to  their  application,  or  misuse  of  powers. 

in  actions  brought  by  a  Member  State, 

jurisdiction 

The  Court  shall  have  jurisdiction  under  the  same  conditions  in  actions  brought  by  the  Court  of 
Auditors,  by  the  European  Central  Bank  and  by  the  Committee  of  the  Regions  for  the  purpose  of 
protecting  their  prerogatives. 

Any  natural  or  legal  person  may,  under  the  conditions  laid  down  in  the  first  and  second  paragraphs, 
institute  proceedings  against  an  act  addressed  to  that  person  or  which  is  of  direct  and  individual 
concern  to  them,  and  against  a  regulatory  act  which  is  of  direct  concern  to  them  and  does  not  entail 
implementing  measures. 

Acts  setting  up  bodies,  offices  and  agencies  of  the  Union  may  lay  down  specific  conditions  and 
arrangements  concerning  actions  brought  by  natural  or  legal  persons  against  acts  of  these  bodies, 
offices  or  agencies  intended  to  produce  legal  effects  in  relation  to  them.

Consolidated TreatiesConsolidated Treaties 
C  202/162 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/163
163163

Regulations  adopted  jointly  by  the  European  Parliament  and  the  Council,  and  by  the  Council, 

pursuant  to  the  provisions  of  the  Treaties,  may  give  the  Court  of  Justice  of  the  European  Union 

unlimited  jurisdiction  with  regard  to  the  penalties  provided  for  in  such  regulations. 

Without  prejudice  to  the  other  provisions  of  the  Treaties,  the  Council,  acting  unanimously  in 

accordance  with  a  special  legislative  procedure  and  after  consulting  the  European  Parliament,  may 

adopt  provisions  to  confer  jurisdiction, to  the  extent  that it shall determine, on  the  Court  of  Justice of 

the  European  Union  in  disputes  relating  to  the  application  of  acts  adopted  on  the  basis  of  the 

Treaties  which  create  European  intellectual  property  rights.  These  provisions  shall  enter  into  force 

after  their  approval  by  the  Member  States  in  accordance  with  their  respective  constitutional  require­

ments. 

Article  261 

(ex  Article  229  TEC) 

Article  262 

(ex  Article  229a  TEC) 

Article  263 

(ex  Article  230  TEC) 

The  Court  of  Justice  of  the  European  Union  shall  review  the  legality  of  legislative  acts,  of  acts  of  the 

Council,  of  the  Commission  and  of  the  European  Central  Bank,  other  than  recommendations  and 

opinions,  and  of  acts  of  the  European  Parliament  and  of  the  European  Council  intended  to  produce 

legal  effects  vis-à-vis  third  parties.  It  shall  also  review  the  legality  of  acts  of  bodies,  offices  or  agencies 

of  the  Union  intended  to  produce  legal  effects  vis-à-vis  third  parties. 

It  shall 

for 

this  purpose  have 

jurisdiction 

in  actions  brought  by  a  Member  State, 

the 

European  Parliament,  the  Council  or  the  Commission  on  grounds  of 

lack  of  competence, 

infringement  of  an  essential  procedural  requirement,  infringement  of  the  Treaties  or  of  any  rule  of 

law  relating  to  their  application,  or  misuse  of  powers. 

The  Court  shall  have  jurisdiction  under  the  same  conditions  in  actions  brought  by  the  Court  of 

Auditors,  by  the  European  Central  Bank  and  by  the  Committee  of  the  Regions  for  the  purpose  of 

protecting  their  prerogatives. 

Any  natural  or  legal  person  may,  under  the  conditions  laid  down  in  the  first  and  second  paragraphs, 

institute  proceedings  against  an  act  addressed  to  that  person  or  which  is  of  direct  and  individual 

concern  to  them,  and  against  a  regulatory  act  which  is  of  direct  concern  to  them  and  does  not  entail 

implementing  measures. 

The  proceedings  provided  for  in  this  Article  shall  be  instituted  within  two  months  of  the  publication 
of  the  measure, or  of  its  notification  to  the  plaintiff, or, in  the  absence  thereof, of  the  day on  which it 
came  to  the  knowledge  of  the  latter,  as  the  case  may  be. 

Article  264 

(ex  Article  231  TEC) 

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

However,  the  Court  shall,  if  it  considers  this  necessary,  state  which  of  the  effects  of  the  act  which  it 
has  declared  void  shall  be  considered  as  definitive. 

Article  265 

(ex  Article  232  TEC) 

Should  the  European  Parliament,  the  European  Council,  the  Council,  the  Commission  or  the 
European  Central  Bank,  in  infringement  of  the  Treaties,  fail  to  act,  the  Member  States  and  the 
other  institutions  of  the  Union  may  bring  an  action  before  the  Court  of  Justice  of  the  European 
Union  to  have  the  infringement  established.  This  Article  shall  apply,  under  the  same  conditions,  to 
bodies,  offices  and  agencies  of  the  Union  which  fail  to  act. 

The  action  shall  be  admissible  only  if  the  institution,  body,  office  or  agency  concerned  has  first  been 
called  upon  to  act.  If,  within  two  months  of  being  so  called  upon,  the  institution,  body,  office  or 
agency  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  that  an  institution,  body,  office  or  agency  of  the  Union  has  failed  to 
address  to  that  person  any  act  other  than  a  recommendation  or  an  opinion. 

Article  266 

(ex  Article  233  TEC) 

The  institution,  body,  office  or  entity  whose  act  has  been  declared  void  or  whose  failure  to  act  has 
been  declared  contrary  to  the  Treaties  shall  be  required  to  take  the  necessary  measures  to  comply 
with  the  judgment  of  the  Court  of  Justice  of  the  European  Union. 

Acts  setting  up  bodies,  offices  and  agencies  of  the  Union  may  lay  down  specific  conditions  and 

arrangements  concerning  actions  brought  by  natural  or  legal  persons  against  acts  of  these  bodies, 

offices  or  agencies  intended  to  produce  legal  effects  in  relation  to  them.

This  obligation  shall  not  affect  any  obligation  which  may  result  from  the  application  of  the 
second  paragraph  of  Article  340.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/164 
164164

EN 

Official Journal of the European Union 

7.6.2016

Article  267 

(ex  Article  234  TEC) 

The  Court  of 
rulings  concerning: 

Justice  of 

the  European  Union  shall  have 

jurisdiction 

to  give  preliminary 

(a)  the  interpretation  of  the  Treaties; 

(b)  the  validity and  interpretation  of  acts  of  the  institutions,  bodies,  offices  or  agencies  of  the  Union; 

Where  such  a  question  is  raised  before  any  court  or  tribunal  of  a  Member  State,  that  court  or 
tribunal  may, if  it  considers  that  a  decision  on  the  question  is  necessary to  enable  it  to  give judgment, 
request  the  Court  to  give  a  ruling  thereon. 

Where  any  such  question  is  raised  in  a  case  pending  before  a  court  or  tribunal  of  a  Member  State 
against  whose  decisions  there  is  no  judicial  remedy  under  national  law,  that  court  or  tribunal  shall 
bring  the  matter  before  the  Court. 

If  such  a  question  is  raised  in  a  case  pending  before  a  court  or  tribunal  of  a  Member  State  with 
regard  to  a  person  in  custody,  the  Court  of  Justice  of  the  European  Union  shall  act  with  the 
minimum  of  delay. 

Article  268 

(ex  Article  235  TEC) 

The  Court  of  Justice  of  the  European  Union  shall  have  jurisdiction  in  disputes  relating  to  compen­
sation  for  damage  provided  for  in  the  second  and  third  paragraphs  of  Article  340. 

Article  269 

The  Court  of  Justice  shall  have  jurisdiction  to  decide  on  the  legality  of  an  act  adopted  by  the 
European  Council  or  by  the  Council  pursuant  to  Article  7  of  the  Treaty  on  European  Union 
solely  at  the  request  of  the  Member  State  concerned  by  a  determination  of  the  European  Council 
or  of  the  Council  and  in  respect  solely  of  the  procedural  stipulations  contained  in  that  Article. 

Such  a  request  must  be  made  within  one  month  from  the  date  of  such  determination.  The  Court 
shall  rule  within  one  month  from  the  date  of  the  request. 

Article  270 

(ex  Article  236  TEC) 

The  Court  of  Justice of  the  European  Union  shall  have jurisdiction  in  any  dispute between  the  Union 
and  its  servants  within  the  limits  and  under  the  conditions  laid  down  in  the  Staff  Regulations  of 
Officials  and  the  Conditions  of  Employment  of  other  servants  of  the  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/164 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/165
165165

Article  267 

(ex  Article  234  TEC) 

Article  271 

(ex  Article  237  TEC) 

The  Court  of 

Justice  of 

the  European  Union  shall  have 

jurisdiction 

to  give  preliminary 

rulings  concerning: 

The  Court  of  Justice  of  the  European  Union  shall,  within  the  limits  hereinafter  laid  down,  have 
jurisdiction  in  disputes  concerning: 

(a)  the  interpretation  of  the  Treaties; 

(b)  the  validity and  interpretation  of  acts  of  the  institutions,  bodies,  offices  or  agencies  of  the  Union; 

Where  such  a  question  is  raised  before  any  court  or  tribunal  of  a  Member  State,  that  court  or 

tribunal  may, if  it  considers  that  a  decision  on  the  question  is  necessary to  enable  it  to  give judgment, 

request  the  Court  to  give  a  ruling  thereon. 

Where  any  such  question  is  raised  in  a  case  pending  before  a  court  or  tribunal  of  a  Member  State 

against  whose  decisions  there  is  no  judicial  remedy  under  national  law,  that  court  or  tribunal  shall 

bring  the  matter  before  the  Court. 

If  such  a  question  is  raised  in  a  case  pending  before  a  court  or  tribunal  of  a  Member  State  with 

regard  to  a  person  in  custody,  the  Court  of  Justice  of  the  European  Union  shall  act  with  the 

minimum  of  delay. 

(a)  the  fulfilment  by  Member  States  of  obligations  under  the  Statute  of  the  European  Investment 
Bank.  In  this  connection,  the  Board  of  Directors  of  the  Bank  shall  enjoy  the  powers  conferred 
upon  the  Commission  by  Article  258; 

(b)  measures  adopted  by  the  Board  of  Governors  of  the  European  Investment  Bank.  In  this 
connection,  any  Member  State,  the  Commission  or  the  Board  of  Directors  of  the  Bank  may 
institute  proceedings  under  the  conditions  laid  down  in  Article  263; 

(c)  measures  adopted  by  the  Board  of  Directors  of  the  European  Investment  Bank.  Proceedings 
against  such  measures  may  be  instituted  only  by  Member  States  or  by  the  Commission,  under 
the  conditions  laid  down  in  Article  263,  and  solely  on  the  grounds  of  non-compliance  with  the 
procedure  provided  for  in  Article  19(2),  (5),  (6)  and  (7)  of  the  Statute  of  the  Bank; 

(d)  the  fulfilment  by  national  central  banks  of  obligations  under  the  Treaties  and  the  Statute  of  the 
ESCB  and  of  the  ECB.  In  this  connection  the  powers  of  the  Governing  Council  of  the  European 
Central  Bank  in  respect  of  national  central  banks  shall  be  the  same  as  those  conferred  upon  the 
Commission  in  respect  of  Member  States  by  Article  258.  If  the  Court  finds  that  a  national 
central  bank  has  failed  to  fulfil  an  obligation  under  the  Treaties,  that  bank  shall  be  required  to 
take  the  necessary  measures  to  comply  with  the  judgment  of  the  Court. 

The  Court  of  Justice  of  the  European  Union  shall  have  jurisdiction  in  disputes  relating  to  compen­

sation  for  damage  provided  for  in  the  second  and  third  paragraphs  of  Article  340. 

Article  272 

(ex  Article  238  TEC) 

The  Court  of  Justice  shall  have  jurisdiction  to  decide  on  the  legality  of  an  act  adopted  by  the 

European  Council  or  by  the  Council  pursuant  to  Article  7  of  the  Treaty  on  European  Union 

solely  at  the  request  of  the  Member  State  concerned  by  a  determination  of  the  European  Council 

or  of  the  Council  and  in  respect  solely  of  the  procedural  stipulations  contained  in  that  Article. 

The  Court  of  Justice  of  the  European  Union  shall  have  jurisdiction  to  give  judgment  pursuant  to  any 
arbitration  clause  contained  in  a  contract  concluded  by  or  on  behalf  of  the  Union,  whether  that 
contract  be  governed  by  public  or  private  law. 

Article  273 

(ex  Article  239  TEC) 

Such  a  request  must  be  made  within  one  month  from  the  date  of  such  determination.  The  Court 

shall  rule  within  one  month  from  the  date  of  the  request. 

The  Court  of  Justice  shall  have  jurisdiction  in  any  dispute  between  Member  States  which  relates  to 
the  subject  matter  of  the  Treaties  if  the  dispute  is  submitted  to  it  under  a  special  agreement  between 
the  parties. 

The  Court  of  Justice of  the  European  Union  shall  have jurisdiction  in  any  dispute between  the  Union 

and  its  servants  within  the  limits  and  under  the  conditions  laid  down  in  the  Staff  Regulations  of 

Officials  and  the  Conditions  of  Employment  of  other  servants  of  the  Union.

Save  where  jurisdiction  is  conferred  on  the  Court  of  Justice  of  the  European  Union  by  the  Treaties, 
disputes  to  which  the  Union  is  a  party  shall  not  on  that  ground  be  excluded  from  the  jurisdiction  of 
the  courts  or  tribunals  of  the  Member  States.

Article  274 

(ex  Article  240  TEC) 

Article  268 

(ex  Article  235  TEC) 

Article  269 

Article  270 

(ex  Article  236  TEC) 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/166 
166166

EN 

Official Journal of the European Union 

7.6.2016

The  Court  of  Justice  of  the  European  Union  shall  not  have  jurisdiction  with  respect  to  the  provisions 
relating  to  the  common  foreign  and  security  policy  nor  with  respect  to  acts  adopted  on  the  basis  of 
those  provisions. 

Article  275 

However,  the  Court  shall  have  jurisdiction  to  monitor  compliance  with  Article  40  of  the  Treaty  on 
European  Union  and  to  rule  on  proceedings,  brought  in  accordance  with  the  conditions  laid  down  in 
the  fourth  paragraph  of  Article  263  of  this  Treaty,  reviewing  the  legality  of  decisions  providing  for 
restrictive  measures  against  natural  or  legal  persons  adopted  by  the  Council  on  the  basis  of 
Chapter  2  of  Title  V  of  the  Treaty  on  European  Union. 

Article  276 

In  exercising  its  powers  regarding  the  provisions  of  Chapters  4  and  5  of  Title  V  of  Part  Three  relating 
to  the  area  of  freedom,  security  and  justice,  the  Court  of  Justice  of  the  European  Union  shall  have  no 
jurisdiction  to  review  the  validity  or  proportionality  of  operations  carried  out  by  the  police  or  other 
law-enforcement  services  of  a  Member  State  or  the  exercise  of  the  responsibilities  incumbent  upon 
Member  States  with  regard  to  the  maintenance  of  law  and  order  and  the  safeguarding  of  internal 
security. 

Article  277 

(ex  Article  241  TEC) 

Notwithstanding  the  expiry  of  the  period  laid  down  in  Article  263,  sixth  paragraph,  any  party  may, 
in  proceedings  in  which  an  act  of  general  application  adopted  by  an  institution,  body,  office  or 
agency  of  the  Union  is  at  issue,  plead  the  grounds  specified  in  Article  263,  second  paragraph,  in 
order  to  invoke  before  the  Court  of  Justice  of  the  European  Union  the  inapplicability  of  that  act. 

Article  278 

(ex  Article  242  TEC) 

Actions  brought  before  the  Court  of  Justice  of  the  European  Union  shall  not  have  suspensory  effect. 
The  Court  may,  however,  if  it  considers  that  circumstances  so  require,  order  that  application  of  the 
contested  act  be  suspended. 

Article  279 

(ex  Article  243  TEC) 

The  Court  of  Justice  of  the  European  Union  may  in  any  cases  before  it  prescribe  any  necessary 
interim  measures.

Consolidated TreatiesConsolidated Treaties 
C  202/166 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/167
167167

The  Court  of  Justice  of  the  European  Union  shall  not  have  jurisdiction  with  respect  to  the  provisions 

relating  to  the  common  foreign  and  security  policy  nor  with  respect  to  acts  adopted  on  the  basis  of 

those  provisions. 

Article  275 

Article  280 

(ex  Article  244  TEC) 

The  judgments  of  the  Court  of  Justice  of  the  European  Union  shall  be  enforceable  under  the 
conditions  laid  down  in  Article  299. 

However,  the  Court  shall  have  jurisdiction  to  monitor  compliance  with  Article  40  of  the  Treaty  on 

European  Union  and  to  rule  on  proceedings,  brought  in  accordance  with  the  conditions  laid  down  in 

the  fourth  paragraph  of  Article  263  of  this  Treaty,  reviewing  the  legality  of  decisions  providing  for 

restrictive  measures  against  natural  or  legal  persons  adopted  by  the  Council  on  the  basis  of 

Chapter  2  of  Title  V  of  the  Treaty  on  European  Union. 

Article  276 

In  exercising  its  powers  regarding  the  provisions  of  Chapters  4  and  5  of  Title  V  of  Part  Three  relating 

to  the  area  of  freedom,  security  and  justice,  the  Court  of  Justice  of  the  European  Union  shall  have  no 

jurisdiction  to  review  the  validity  or  proportionality  of  operations  carried  out  by  the  police  or  other 

law-enforcement  services  of  a  Member  State  or  the  exercise  of  the  responsibilities  incumbent  upon 

Member  States  with  regard  to  the  maintenance  of  law  and  order  and  the  safeguarding  of  internal 

security. 

Article  281 

(ex  Article  245  TEC) 

The  Statute  of  the  Court  of  Justice  of  the  European  Union  shall  be  laid  down  in  a  separate  Protocol. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  may  amend  the  provisions  of  the  Statute,  with  the  exception  of  Title  I  and  Article  64. 
The  European  Parliament  and  the  Council  shall  act  either  at  the  request  of  the  Court  of  Justice  and 
after  consultation  of  the  Commission,  or  on  a  proposal  from  the  Commission  and  after  consultation 
of  the  Court  of  Justice. 

SECTION  6 

THE  EUROPEAN  CENTRAL  BANK 

Article  282 

1. 
The  European  Central  Bank,  together  with  the  national  central  banks,  shall  constitute  the 
European  System  of  Central  Banks  (ESCB).  The  European  Central  Bank,  together  with  the  national 
central  banks  of  the  Member  States  whose  currency  is  the  euro,  which  constitute  the  Eurosystem, 
shall  conduct  the  monetary  policy  of  the  Union. 

Notwithstanding  the  expiry  of  the  period  laid  down  in  Article  263,  sixth  paragraph,  any  party  may, 

in  proceedings  in  which  an  act  of  general  application  adopted  by  an  institution,  body,  office  or 

agency  of  the  Union  is  at  issue,  plead  the  grounds  specified  in  Article  263,  second  paragraph,  in 

order  to  invoke  before  the  Court  of  Justice  of  the  European  Union  the  inapplicability  of  that  act. 

2. 
The  ESCB  shall  be  governed  by  the  decision-making  bodies  of  the  European  Central  Bank.  The 
primary objective of  the  ESCB  shall  be  to  maintain  price stability. Without  prejudice  to  that  objective, 
it  shall  support  the  general  economic  policies  in  the  Union  in  order  to  contribute  to  the  achievement 
of  the  latter's  objectives. 

3. 
The  European  Central  Bank  shall  have  legal  personality.  It  alone  may  authorise  the  issue  of  the 
euro.  It  shall  be  independent  in  the  exercise  of  its  powers  and  in  the  management  of  its  finances. 
Union  institutions,  bodies,  offices  and  agencies  and  the  governments  of  the  Member  States  shall 
respect  that  independence. 

Article  277 

(ex  Article  241  TEC) 

Article  278 

(ex  Article  242  TEC) 

Article  279 

(ex  Article  243  TEC) 

Actions  brought  before  the  Court  of  Justice  of  the  European  Union  shall  not  have  suspensory  effect. 

The  Court  may,  however,  if  it  considers  that  circumstances  so  require,  order  that  application  of  the 

contested  act  be  suspended. 

4. 
The  European  Central  Bank  shall  adopt  such  measures  as  are  necessary  to  carry  out  its  tasks  in 
accordance  with  Articles  127  to  133,  with  Article  138,  and  with  the  conditions  laid  down  in  the 
Statute  of  the  ESCB  and  of  the  ECB.  In  accordance  with  these  same  Articles,  those  Member  States 
whose  currency 
in 
monetary  matters. 

The  Court  of  Justice  of  the  European  Union  may  in  any  cases  before  it  prescribe  any  necessary 

interim  measures.

5.  Within  the  areas  falling  within  its  responsibilities,  the  European  Central  Bank  shall  be  consulted 
on  all  proposed  Union  acts,  and  all  proposals  for  regulation  at  national  level,  and  may  give  an 
opinion.

their  central  banks,  shall  retain 

the  euro,  and 

their  powers 

is  not 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/168 
168168

EN 

Official Journal of the European Union 

7.6.2016

Article  283 

(ex  Article  112  TEC) 

1. 
The  Governing  Council  of  the  European  Central  Bank  shall  comprise  the  members  of  the 
Executive  Board  of  the  European  Central  Bank  and  the  Governors  of  the  national  central  banks  of 
the  Member  States  whose  currency  is  the  euro. 

2. 

The  Executive  Board  shall  comprise  the  President,  the  Vice-President  and  four  other  members. 

The  President,  the  Vice-President  and  the  other  members  of  the  Executive  Board  shall  be  appointed 
by  the  European  Council,  acting  by  a  qualified  majority,  from  among  persons  of  recognised  standing 
and  professional  experience  in  monetary  or  banking  matters,  on  a  recommendation  from  the 
Council,  after  it  has  consulted  the  European  Parliament  and  the  Governing  Council  of  the 
European  Central  Bank. 

Their  term  of  office  shall  be  eight  years  and  shall  not  be  renewable. 

Only  nationals  of  Member  States  may  be  members  of  the  Executive  Board. 

Article  284 

(ex  Article  113  TEC) 

The  President  of  the  Council  and  a  Member  of  the  Commission  may  participate,  without  having 

1. 
the  right  to  vote,  in  meetings  of  the  Governing  Council  of  the  European  Central  Bank. 

The  President  of  the  Council  may  submit  a  motion  for  deliberation  to  the  Governing  Council  of  the 
European  Central  Bank. 

The  President  of  the  European  Central  Bank  shall  be  invited  to  participate  in  Council  meetings 

2. 
when  the  Council  is  discussing  matters  relating  to  the  objectives  and  tasks  of  the  ESCB. 

The  European  Central  Bank  shall  address  an  annual  report  on  the  activities  of  the  ESCB  and  on 
3. 
the  monetary  policy  of  both  the  previous  and  current  year  to  the  European  Parliament,  the  Council 
and  the  Commission,  and  also  to  the  European  Council.  The  President  of  the  European  Central  Bank 
shall  present  this  report  to  the  Council  and  to  the  European  Parliament,  which  may  hold  a  general 
debate  on  that  basis. 

The  President  of  the  European  Central  Bank  and  the  other  members  of  the  Executive  Board  may,  at 
the  request  of  the  European  Parliament  or  on  their  own  initiative,  be  heard  by  the  competent 
committees  of  the  European  Parliament.

Consolidated TreatiesConsolidated Treaties 
C  202/168 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/169
169169

Article  283 

(ex  Article  112  TEC) 

1. 

The  Governing  Council  of  the  European  Central  Bank  shall  comprise  the  members  of  the 

Executive  Board  of  the  European  Central  Bank  and  the  Governors  of  the  national  central  banks  of 

the  Member  States  whose  currency  is  the  euro. 

2. 

The  Executive  Board  shall  comprise  the  President,  the  Vice-President  and  four  other  members. 

The  President,  the  Vice-President  and  the  other  members  of  the  Executive  Board  shall  be  appointed 

by  the  European  Council,  acting  by  a  qualified  majority,  from  among  persons  of  recognised  standing 

and  professional  experience  in  monetary  or  banking  matters,  on  a  recommendation  from  the 

Council,  after  it  has  consulted  the  European  Parliament  and  the  Governing  Council  of  the 

European  Central  Bank. 

Their  term  of  office  shall  be  eight  years  and  shall  not  be  renewable. 

Only  nationals  of  Member  States  may  be  members  of  the  Executive  Board. 

Article  284 

(ex  Article  113  TEC) 

1. 

The  President  of  the  Council  and  a  Member  of  the  Commission  may  participate,  without  having 

the  right  to  vote,  in  meetings  of  the  Governing  Council  of  the  European  Central  Bank. 

The  President  of  the  Council  may  submit  a  motion  for  deliberation  to  the  Governing  Council  of  the 

European  Central  Bank. 

2. 

The  President  of  the  European  Central  Bank  shall  be  invited  to  participate  in  Council  meetings 

when  the  Council  is  discussing  matters  relating  to  the  objectives  and  tasks  of  the  ESCB. 

3. 

The  European  Central  Bank  shall  address  an  annual  report  on  the  activities  of  the  ESCB  and  on 

the  monetary  policy  of  both  the  previous  and  current  year  to  the  European  Parliament,  the  Council 

and  the  Commission,  and  also  to  the  European  Council.  The  President  of  the  European  Central  Bank 

shall  present  this  report  to  the  Council  and  to  the  European  Parliament,  which  may  hold  a  general 

debate  on  that  basis. 

SECTION  7 

THE  COURT  OF  AUDITORS 

Article  285 

(ex  Article  246  TEC) 

The  Court  of  Auditors  shall  carry  out  the  Union's  audit. 

It  shall  consist  of  one  national  of  each  Member  State.  Its  Members  shall  be  completely  independent 
in  the  performance  of  their  duties,  in  the  Union's  general  interest. 

Article  286 

(ex  Article  247  TEC) 

1. 
The  Members  of  the  Court  of  Auditors  shall  be  chosen  from  among  persons  who  belong  or 
have  belonged  in  their  respective  States  to  external  audit  bodies  or  who  are  especially  qualified  for 
this  office.  Their  independence  must  be  beyond  doubt. 

2. 
The  Members  of  the  Court  of  Auditors  shall  be  appointed  for  a  term  of  six  years.  The  Council, 
after  consulting  the  European  Parliament,  shall  adopt  the  list  of  Members  drawn  up  in  accordance 
with  the  proposals  made  by  each  Member  State.  The  term  of  office  of  the  Members  of  the  Court  of 
Auditors  shall  be  renewable. 

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

3. 
In  the  performance  of  these  duties, the  Members  of  the  Court  of  Auditors shall  neither  seek  nor 
take  instructions  from  any  government  or  from  any  other  body.  The  Members  of  the  Court  of 
Auditors  shall  refrain  from  any  action  incompatible  with  their  duties. 

4. 
The  Members  of  the  Court  of  Auditors  may  not,  during  their  term  of  office,  engage  in  any 
other  occupation,  whether  gainful  or  not.  When  entering  upon  their  duties  they  shall  give  a  solemn 
undertaking  that,  both  during  and  after  their  term  of  office,  they  will  respect  the  obligations  arising 
therefrom  and  in  particular  their  duty  to  behave  with  integrity  and  discretion  as  regards  the 
acceptance,  after  they  have  ceased  to  hold  office,  of  certain  appointments  or  benefits. 

5.  Apart  from  normal  replacement,  or  death,  the  duties  of  a  Member  of  the  Court  of  Auditors 
shall  end  when  he  resigns,  or  is  compulsorily  retired  by  a  ruling  of  the  Court  of  Justice  pursuant  to 
paragraph  6. 

The  vacancy  thus  caused  shall  be  filled  for  the  remainder  of  the  Member's  term  of  office. 

The  President  of  the  European  Central  Bank  and  the  other  members  of  the  Executive  Board  may,  at 

the  request  of  the  European  Parliament  or  on  their  own  initiative,  be  heard  by  the  competent 

committees  of  the  European  Parliament.

Save  in  the  case  of  compulsory  retirement,  Members  of  the  Court  of  Auditors  shall  remain  in  office 
until  they  have  been  replaced.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/170 
170170

EN 

Official Journal of the European Union 

7.6.2016

6.  A  Member  of  the  Court  of  Auditors  may  be  deprived  of  his  office  or  of  his  right  to  a  pension 
or  other  benefits  in  its  stead  only  if  the  Court  of  Justice,  at  the  request  of  the  Court  of  Auditors,  finds 
that  he  no  longer  fulfils  the  requisite  conditions  or  meets  the  obligations  arising  from  his  office. 

7. 
The  Council  shall  determine  the  conditions  of  employment  of  the  President  and  the  Members 
of  the  Court  of  Auditors  and  in  particular  their  salaries,  allowances  and  pensions.  It  shall  also 
determine  any  payment  to  be  made  instead  of  remuneration. 

8. 
The  provisions  of  the  Protocol  on  the  privileges  and  immunities  of  the  European  Union 
applicable  to  the  Judges  of  the  Court  of  Justice  of  the  European  Union  shall  also  apply  to  the 
Members  of  the  Court  of  Auditors. 

Article  287 

(ex  Article  248  TEC) 

1. 
The  Court  of  Auditors  shall  examine  the  accounts  of  all  revenue  and  expenditure  of  the  Union. 
It  shall  also  examine  the  accounts  of  all  revenue  and  expenditure  of  all  bodies,  offices  or  agencies  set 
up  by  the  Union  in  so  far  as  the  relevant  constituent  instrument  does  not  preclude  such  examin­
ation. 

The  Court  of  Auditors  shall  provide  the  European  Parliament  and  the  Council  with  a  statement  of 
assurance  as  to  the  reliability  of  the  accounts  and  the  legality  and  regularity  of  the  underlying 
transactions  which  shall  be  published  in  the  Official  Journal  of  the  European  Union.  This  statement 
may  be  supplemented  by  specific  assessments  for  each  major  area  of  Union  activity. 

2. 
The  Court  of  Auditors  shall  examine  whether  all  revenue  has  been  received  and  all  expenditure 
incurred  in  a  lawful  and  regular  manner  and  whether  the  financial  management  has  been  sound.  In 
doing  so,  it  shall  report  in  particular  on  any  cases  of  irregularity. 

The  audit  of  revenue  shall  be  carried out  on  the  basis  both  of  the  amounts  established  as  due  and  the 
amounts  actually  paid  to  the  Union. 

The  audit  of  expenditure  shall  be  carried  out  on  the  basis  both  of  commitments  undertaken  and 
payments  made. 

These  audits  may  be  carried  out  before  the  closure  of  accounts  for  the  financial  year  in  question. 

3. 
The  audit  shall  be  based  on  records  and,  if  necessary,  performed  on  the  spot  in  the  other 
institutions  of  the  Union,  on  the  premises  of  any  body,  office  or  agency  which  manages  revenue  or 
expenditure  on  behalf  of  the  Union  and  in  the  Member  States,  including  on  the  premises  of  any 
natural  or  legal  person  in  receipt  of  payments  from  the  budget.  In  the  Member  States  the  audit  shall 
be  carried  out  in  liaison  with  national  audit  bodies  or,  if  these  do  not  have  the  necessary  powers, 
with  the  competent  national  departments.  The  Court  of  Auditors  and  the  national  audit  bodies  of  the 
Member  States  shall  cooperate  in  a  spirit  of  trust  while  maintaining  their  independence.  These  bodies 
or  departments  shall  inform  the  Court  of  Auditors  whether  they  intend  to  take  part  in  the  audit.

Consolidated TreatiesConsolidated Treaties 
C  202/170 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/171
171171

6.  A  Member  of  the  Court  of  Auditors  may  be  deprived  of  his  office  or  of  his  right  to  a  pension 

or  other  benefits  in  its  stead  only  if  the  Court  of  Justice,  at  the  request  of  the  Court  of  Auditors,  finds 

that  he  no  longer  fulfils  the  requisite  conditions  or  meets  the  obligations  arising  from  his  office. 

7. 

The  Council  shall  determine  the  conditions  of  employment  of  the  President  and  the  Members 

of  the  Court  of  Auditors  and  in  particular  their  salaries,  allowances  and  pensions.  It  shall  also 

determine  any  payment  to  be  made  instead  of  remuneration. 

8. 

The  provisions  of  the  Protocol  on  the  privileges  and  immunities  of  the  European  Union 

applicable  to  the  Judges  of  the  Court  of  Justice  of  the  European  Union  shall  also  apply  to  the 

Members  of  the  Court  of  Auditors. 

Article  287 

(ex  Article  248  TEC) 

1. 

The  Court  of  Auditors  shall  examine  the  accounts  of  all  revenue  and  expenditure  of  the  Union. 

It  shall  also  examine  the  accounts  of  all  revenue  and  expenditure  of  all  bodies,  offices  or  agencies  set 

up  by  the  Union  in  so  far  as  the  relevant  constituent  instrument  does  not  preclude  such  examin­

ation. 

The  other  institutions  of  the  Union,  any  bodies,  offices  or  agencies  managing  revenue  or  expenditure 
on  behalf  of  the  Union,  any  natural  or  legal  person  in  receipt  of  payments  from  the  budget,  and  the 
national  audit  bodies  or,  if  these  do  not  have  the  necessary  powers,  the  competent  national  depart­
ments,  shall  forward  to  the  Court  of  Auditors,  at  its  request,  any  document  or  information  necessary 
to  carry  out  its  task. 

In  respect  of  the  European  Investment  Bank's  activity  in  managing  Union  expenditure  and  revenue, 
the  Court's  rights  of  access  to  information  held  by  the  Bank  shall  be  governed  by  an  agreement 
between  the  Court,  the  Bank  and  the  Commission.  In  the  absence  of  an  agreement,  the  Court  shall 
nevertheless  have  access  to  information  necessary  for  the  audit  of  Union  expenditure  and  revenue 
managed  by  the  Bank. 

4. 
The  Court  of  Auditors  shall  draw  up  an  annual  report  after  the  close  of  each  financial  year.  It 
shall  be  forwarded  to  the  other  institutions  of  the  Union  and  shall  be  published,  together  with  the 
replies  of  these  institutions  to  the  observations  of  the  Court  of  Auditors,  in  the  Official  Journal  of  the 
European  Union. 

The  Court  of  Auditors  may  also,  at  any  time,  submit  observations,  particularly  in  the  form  of  special 
reports,  on  specific  questions  and  deliver  opinions  at  the  request  of  one  of  the  other  institutions  of 
the  Union. 

The  Court  of  Auditors  shall  provide  the  European  Parliament  and  the  Council  with  a  statement  of 

assurance  as  to  the  reliability  of  the  accounts  and  the  legality  and  regularity  of  the  underlying 

transactions  which  shall  be  published  in  the  Official  Journal  of  the  European  Union.  This  statement 

may  be  supplemented  by  specific  assessments  for  each  major  area  of  Union  activity. 

It  shall  adopt  its  annual  reports, special reports or  opinions  by  a  majority of  its  Members. However, it 
may  establish  internal  chambers  in  order  to  adopt  certain  categories  of  reports  or  opinions  under  the 
conditions  laid  down  by  its  Rules  of  Procedure. 

2. 

The  Court  of  Auditors  shall  examine  whether  all  revenue  has  been  received  and  all  expenditure 

incurred  in  a  lawful  and  regular  manner  and  whether  the  financial  management  has  been  sound.  In 

doing  so,  it  shall  report  in  particular  on  any  cases  of  irregularity. 

The  audit  of  revenue  shall  be  carried out  on  the  basis  both  of  the  amounts  established  as  due  and  the 

amounts  actually  paid  to  the  Union. 

The  audit  of  expenditure  shall  be  carried  out  on  the  basis  both  of  commitments  undertaken  and 

payments  made. 

These  audits  may  be  carried  out  before  the  closure  of  accounts  for  the  financial  year  in  question. 

3. 

The  audit  shall  be  based  on  records  and,  if  necessary,  performed  on  the  spot  in  the  other 

institutions  of  the  Union,  on  the  premises  of  any  body,  office  or  agency  which  manages  revenue  or 

expenditure  on  behalf  of  the  Union  and  in  the  Member  States,  including  on  the  premises  of  any 

natural  or  legal  person  in  receipt  of  payments  from  the  budget.  In  the  Member  States  the  audit  shall 

be  carried  out  in  liaison  with  national  audit  bodies  or,  if  these  do  not  have  the  necessary  powers, 

with  the  competent  national  departments.  The  Court  of  Auditors  and  the  national  audit  bodies  of  the 

Member  States  shall  cooperate  in  a  spirit  of  trust  while  maintaining  their  independence.  These  bodies 

or  departments  shall  inform  the  Court  of  Auditors  whether  they  intend  to  take  part  in  the  audit.

It  shall  assist  the  European  Parliament  and  the  Council  in  exercising  their  powers  of  control  over  the 
implementation  of  the  budget. 

The  Court  of  Auditors  shall  draw  up  its  Rules  of  Procedure.  Those  rules  shall  require  the  approval  of 
the  Council. 

LEGAL  ACTS  OF  THE  UNION,  ADOPTION  PROCEDURES  AND  OTHER  PROVISIONS 

CHAPTER  2 

SECTION  1 

THE  LEGAL  ACTS  OF  THE  UNION 

Article  288 

(ex  Article  249  TEC) 

To  exercise  the  Union's  competences,  the  institutions  shall  adopt  regulations,  directives,  decisions, 
recommendations  and  opinions. 

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

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/172 
172172

EN 

Official Journal of the European Union 

7.6.2016

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.  A  decision  which  specifies  those  to  whom  it  is  addressed 
shall  be  binding  only  on  them. 

Recommendations  and  opinions  shall  have  no  binding  force. 

The  ordinary  legislative  procedure  shall  consist  in  the  joint  adoption  by  the  European 
1. 
Parliament and the Council of a regulation, directive or decision on a proposal from the  Commission. 
This  procedure  is  defined  in  Article  294. 

Article  289 

2. 
In  the  specific  cases  provided  for  by  the  Treaties,  the  adoption  of  a  regulation,  directive  or 
decision  by  the  European  Parliament  with  the  participation  of  the  Council,  or  by  the  latter  with  the 
participation  of  the  European  Parliament,  shall  constitute  a  special  legislative  procedure. 

3. 

Legal  acts  adopted  by  legislative  procedure  shall  constitute  legislative  acts. 

4. 
In  the  specific  cases  provided  for  by  the  Treaties,  legislative  acts  may  be  adopted  on  the 
initiative  of  a  group  of  Member  States  or  of  the  European  Parliament,  on  a  recommendation  from 
the  European  Central  Bank  or  at  the  request  of  the  Court  of 
Justice  or  the  European 
Investment  Bank. 

1.  A  legislative  act  may  delegate  to  the  Commission  the  power  to  adopt  non-legislative  acts  of 
general  application  to  supplement  or  amend  certain  non-essential  elements  of  the  legislative  act. 

Article  290 

The  objectives,  content,  scope  and  duration  of  the  delegation  of  power  shall  be  explicitly  defined  in 
the  legislative  acts.  The  essential  elements  of  an  area  shall  be  reserved  for  the  legislative  act  and 
accordingly  shall  not  be  the  subject  of  a  delegation  of  power. 

Legislative  acts  shall  explicitly  lay  down  the  conditions  to  which  the  delegation  is  subject;  these 

2. 
conditions  may  be  as  follows: 

(a)  the  European  Parliament  or  the  Council  may  decide  to  revoke  the  delegation; 

(b)  the  delegated  act  may  enter  into  force  only  if  no  objection  has  been  expressed  by  the  European 

Parliament  or  the  Council  within  a  period  set  by  the  legislative  act. 

For  the  purposes  of  (a)  and  (b),  the  European  Parliament  shall  act  by  a  majority  of  its  component 
members,  and  the  Council  by  a  qualified  majority. 

3. 

The  adjective  ‘delegated’  shall  be  inserted  in  the  title  of  delegated  acts.

Consolidated TreatiesConsolidated Treaties 
C  202/172 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/173
173173

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.  A  decision  which  specifies  those  to  whom  it  is  addressed 

shall  be  binding  only  on  them. 

Recommendations  and  opinions  shall  have  no  binding  force. 

1. 

The  ordinary  legislative  procedure  shall  consist  in  the  joint  adoption  by  the  European 

Parliament and the Council of a regulation, directive or decision on a proposal from the  Commission. 

This  procedure  is  defined  in  Article  294. 

Article  289 

2. 

In  the  specific  cases  provided  for  by  the  Treaties,  the  adoption  of  a  regulation,  directive  or 

decision  by  the  European  Parliament  with  the  participation  of  the  Council,  or  by  the  latter  with  the 

participation  of  the  European  Parliament,  shall  constitute  a  special  legislative  procedure. 

3. 

Legal  acts  adopted  by  legislative  procedure  shall  constitute  legislative  acts. 

4. 

In  the  specific  cases  provided  for  by  the  Treaties,  legislative  acts  may  be  adopted  on  the 

initiative  of  a  group  of  Member  States  or  of  the  European  Parliament,  on  a  recommendation  from 

the  European  Central  Bank  or  at  the  request  of  the  Court  of 

Justice  or  the  European 

Investment  Bank. 

1.  A  legislative  act  may  delegate  to  the  Commission  the  power  to  adopt  non-legislative  acts  of 

general  application  to  supplement  or  amend  certain  non-essential  elements  of  the  legislative  act. 

Article  290 

The  objectives,  content,  scope  and  duration  of  the  delegation  of  power  shall  be  explicitly  defined  in 

the  legislative  acts.  The  essential  elements  of  an  area  shall  be  reserved  for  the  legislative  act  and 

accordingly  shall  not  be  the  subject  of  a  delegation  of  power. 

2. 

Legislative  acts  shall  explicitly  lay  down  the  conditions  to  which  the  delegation  is  subject;  these 

conditions  may  be  as  follows: 

(a)  the  European  Parliament  or  the  Council  may  decide  to  revoke  the  delegation; 

(b)  the  delegated  act  may  enter  into  force  only  if  no  objection  has  been  expressed  by  the  European 

Parliament  or  the  Council  within  a  period  set  by  the  legislative  act. 

1.  Member  States  shall  adopt  all  measures  of  national  law  necessary  to  implement  legally  binding 
Union  acts. 

Article  291 

2.  Where  uniform  conditions  for  implementing  legally  binding  Union  acts  are  needed,  those  acts 
shall  confer  implementing  powers  on  the  Commission,  or,  in  duly  justified  specific  cases  and  in  the 
cases  provided  for  in  Articles  24  and  26  of  the  Treaty  on  European  Union,  on  the  Council. 

For  the  purposes  of  paragraph  2,  the  European  Parliament  and  the  Council,  acting  by  means  of 
3. 
regulations  in  accordance  with  the  ordinary  legislative  procedure,  shall  lay  down  in  advance  the  rules 
and  general  principles  concerning  mechanisms  for  control  by  Member  States  of  the  Commission's 
exercise  of  implementing  powers. 

4. 

The  word  ‘implementing’  shall  be  inserted  in  the  title  of  implementing  acts. 

Article  292 

The  Council  shall  adopt  recommendations.  It  shall  act  on  a  proposal  from  the  Commission  in  all 
cases  where  the  Treaties  provide  that  it  shall  adopt  acts  on  a  proposal  from  the  Commission.  It  shall 
act  unanimously  in  those  areas  in  which  unanimity  is  required  for  the  adoption  of  a  Union  act  . 
The  Commission,  and  the  European  Central  Bank  in  the  specific  cases  provided  for  in  the  Treaties, 
shall  adopt  recommendations. 

PROCEDURES  FOR  THE  ADOPTION  OF  ACTS  AND  OTHER  PROVISIONS 

SECTION  2 

Article  293 

(ex  Article  250  TEC) 

1.  Where,  pursuant  to  the  Treaties,  the  Council  acts  on  a  proposal  from  the  Commission,  it  may 
amend  that  proposal  only  by  acting  unanimously,  except  in  the  cases  referred  to  in  paragraphs  10 
and  13  of  Article  294,  in  Articles  310,  312  and  314  and  in  the  second  paragraph  of  Article  315. 

2.  As  long  as  the  Council  has  not  acted,  the  Commission  may  alter  its  proposal  at  any  time 
during  the  procedures  leading  to  the  adoption  of  a  Union  act. 

Article  294 

(ex  Article  251  TEC) 

For  the  purposes  of  (a)  and  (b),  the  European  Parliament  shall  act  by  a  majority  of  its  component 

members,  and  the  Council  by  a  qualified  majority. 

1.  Where  reference  is  made  in  the  Treaties  to  the  ordinary  legislative  procedure  for  the  adoption 
of  an  act,  the  following  procedure  shall  apply. 

3. 

The  adjective  ‘delegated’  shall  be  inserted  in  the  title  of  delegated  acts.

2. 

The  Commission  shall  submit  a  proposal  to  the  European  Parliament  and  the  Council.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/174 
174174

EN 

First  reading 

Official Journal of the European Union 

7.6.2016

The  European  Parliament  shall  adopt  its  position  at  first  reading  and  communicate  it  to 

3. 
the  Council. 

If  the  Council  approves  the  European  Parliament's  position,  the  act  concerned  shall  be  adopted 

4. 
in  the  wording  which  corresponds  to  the  position  of  the  European  Parliament. 

If the Council does not  approve the European Parliament's  position, it  shall  adopt  its  position  at 

5. 
first  reading  and  communicate  it  to  the  European  Parliament. 

6. 
The  Council  shall  inform  the  European  Parliament  fully  of  the  reasons  which  led  it  to  adopt  its 
position  at  first  reading.  The  Commission  shall  inform  the  European  Parliament  fully  of  its  position. 

Second  reading 

7. 

If,  within  three  months  of  such  communication,  the  European  Parliament: 

(a)  approves  the  Council's  position  at  first  reading  or  has  not  taken  a  decision,  the  act  concerned 
shall  be  deemed  to  have  been  adopted  in  the  wording  which  corresponds  to  the  position  of 
the  Council; 

(b)  rejects,  by  a  majority  of  its  component  members,  the  Council's  position  at  first  reading,  the 

proposed  act  shall  be  deemed  not  to  have  been  adopted; 

(c)  proposes, by  a  majority of  its  component  members, amendments  to  the  Council's  position  at  first 
reading,  the  text  thus  amended  shall  be  forwarded  to  the  Council  and  to  the  Commission,  which 
shall  deliver  an  opinion  on  those  amendments. 

If,  within  three  months  of  receiving  the  European  Parliament's  amendments,  the  Council,  acting 

8. 
by  a  qualified  majority: 

(a)  approves  all  those  amendments,  the  act  in  question  shall  be  deemed  to  have  been  adopted; 

(b)  does  not  approve  all  the  amendments,  the  President  of  the  Council,  in  agreement  with  the 
President  of  the  European  Parliament,  shall  within  six  weeks  convene  a  meeting  of  the 
Conciliation  Committee. 

The  Council  shall  act  unanimously  on  the  amendments  on  which  the  Commission  has 

9. 
delivered  a  negative  opinion. 

Conciliation 

The  Conciliation  Committee, which shall  be  composed  of  the  members  of  the  Council  or  their 
10. 
representatives  and  an  equal  number  of  members  representing  the  European  Parliament,  shall  have 
the  task  of  reaching  agreement  on  a  joint  text,  by  a  qualified  majority  of  the  members  of  the  Council 
or  their  representatives  and  by  a  majority  of  the  members  representing  the  European  Parliament 
within  six  weeks  of  its  being  convened,  on  the  basis  of  the  positions  of  the  European  Parliament  and 
the  Council  at  second  reading.

Consolidated TreatiesConsolidated Treaties 
C  202/174 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/175
175175

First  reading 

the  Council. 

3. 

The  European  Parliament  shall  adopt  its  position  at  first  reading  and  communicate  it  to 

11. 
The  Commission  shall  take  part  in  the  Conciliation  Committee's  proceedings  and  shall  take  all 
necessary  initiatives  with  a  view  to  reconciling  the  positions  of  the  European  Parliament  and 
the  Council. 

4. 

If  the  Council  approves  the  European  Parliament's  position,  the  act  concerned  shall  be  adopted 

in  the  wording  which  corresponds  to  the  position  of  the  European  Parliament. 

If,  within  six  weeks  of  its  being  convened,  the  Conciliation  Committee  does  not  approve  the 

12. 
joint  text,  the  proposed  act  shall  be  deemed  not  to  have  been  adopted. 

5. 

If the Council does not  approve the European Parliament's  position, it  shall  adopt  its  position  at 

first  reading  and  communicate  it  to  the  European  Parliament. 

Third  reading 

6. 

The  Council  shall  inform  the  European  Parliament  fully  of  the  reasons  which  led  it  to  adopt  its 

position  at  first  reading.  The  Commission  shall  inform  the  European  Parliament  fully  of  its  position. 

Second  reading 

7. 

If,  within  three  months  of  such  communication,  the  European  Parliament: 

If,  within 

that  period, 

the 
13. 
European  Parliament,  acting  by  a  majority  of  the  votes  cast,  and  the  Council,  acting  by  a 
qualified  majority,  shall  each  have  a  period  of  six  weeks  from  that  approval  in  which  to  adopt 
the  act  in  question  in  accordance  with  the  joint  text.  If  they  fail  to  do  so,  the  proposed  act  shall  be 
deemed  not  to  have  been  adopted. 

the  Conciliation  Committee  approves  a 

joint 

text, 

(a)  approves  the  Council's  position  at  first  reading  or  has  not  taken  a  decision,  the  act  concerned 

shall  be  deemed  to  have  been  adopted  in  the  wording  which  corresponds  to  the  position  of 

the  Council; 

14. 
The  periods  of  three  months  and  six  weeks  referred  to  in  this  Article  shall  be  extended  by  a 
maximum  of  one  month  and  two  weeks  respectively  at  the  initiative  of  the  European  Parliament  or 
the  Council. 

(b)  rejects,  by  a  majority  of  its  component  members,  the  Council's  position  at  first  reading,  the 

proposed  act  shall  be  deemed  not  to  have  been  adopted; 

Special  provisions 

(c)  proposes, by  a  majority of  its  component  members, amendments  to  the  Council's  position  at  first 

reading,  the  text  thus  amended  shall  be  forwarded  to  the  Council  and  to  the  Commission,  which 

shall  deliver  an  opinion  on  those  amendments. 

8. 

If,  within  three  months  of  receiving  the  European  Parliament's  amendments,  the  Council,  acting 

by  a  qualified  majority: 

(a)  approves  all  those  amendments,  the  act  in  question  shall  be  deemed  to  have  been  adopted; 

(b)  does  not  approve  all  the  amendments,  the  President  of  the  Council,  in  agreement  with  the 

President  of  the  European  Parliament,  shall  within  six  weeks  convene  a  meeting  of  the 

9. 

The  Council  shall  act  unanimously  on  the  amendments  on  which  the  Commission  has 

Conciliation  Committee. 

delivered  a  negative  opinion. 

Conciliation 

10. 

The  Conciliation  Committee, which shall  be  composed  of  the  members  of  the  Council  or  their 

representatives  and  an  equal  number  of  members  representing  the  European  Parliament,  shall  have 

the  task  of  reaching  agreement  on  a  joint  text,  by  a  qualified  majority  of  the  members  of  the  Council 

or  their  representatives  and  by  a  majority  of  the  members  representing  the  European  Parliament 

within  six  weeks  of  its  being  convened,  on  the  basis  of  the  positions  of  the  European  Parliament  and 

the  Council  at  second  reading.

15.  Where,  in  the  cases  provided  for  in  the  Treaties,  a  legislative  act  is  submitted  to  the  ordinary 
legislative  procedure  on  the  initiative  of  a  group  of  Member  States,  on  a  recommendation  by  the 
European  Central  Bank,  or  at  the  request  of  the  Court  of  Justice,  paragraph  2,  the  second  sentence  of 
paragraph  6,  and  paragraph  9  shall  not  apply. 

In  such  cases,  the  European  Parliament  and  the  Council  shall  communicate  the  proposed  act  to 
the  Commission  with  their  positions  at  first  and  second  readings.  The  European  Parliament  or 
the  Council  may  request  the  opinion  of  the  Commission  throughout  the  procedure,  which 
the  Commission  may  also  deliver  on  its  own  initiative.  It  may  also,  if  it  deems  it  necessary,  take 
part  in  the  Conciliation  Committee  in  accordance  with  paragraph  11. 

The  European  Parliament,  the  Council  and  the  Commission  shall  consult  each  other  and  by  common 
agreement  make  arrangements  for  their  cooperation.  To  that  end,  they  may,  in  compliance  with  the 
Treaties,  conclude  interinstitutional  agreements  which  may  be  of  a  binding  nature. 

Article  295 

Article  296 

(ex  Article  253  TEC) 

Where  the  Treaties  do  not  specify  the  type  of  act  to  be  adopted,  the  institutions  shall  select  it  on  a 
case-by-case  basis,  in  compliance  with  the  applicable  procedures  and  with  the  principle  of  propor­
tionality.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/176 
176176

EN 

Official Journal of the European Union 

7.6.2016

Legal  acts  shall  state  the  reasons  on  which  they  are  based  and  shall  refer  to  any  proposals,  initiatives, 
recommendations,  requests  or  opinions  required  by  the  Treaties. 

When  considering  draft  legislative  acts,  the  European  Parliament  and  the  Council  shall  refrain  from 
adopting  acts  not  provided  for  by  the  relevant  legislative  procedure  in  the  area  in  question. 

Article  297 

(ex  Article  254  TEC) 

Legislative acts  adopted  under the  ordinary legislative procedure shall  be  signed  by  the  President 

1. 
of  the  European  Parliament  and  by  the  President  of  the  Council. 

Legislative  acts  adopted  under  a  special  legislative  procedure  shall  be  signed  by  the  President  of  the 
institution  which  adopted  them. 

Legislative  acts  shall  be  published  in  the  Official  Journal  of  the  European  Union.  They  shall  enter  into 
force  on  the  date  specified  in  them  or,  in  the  absence  thereof,  on  the  twentieth  day  following  that  of 
their  publication. 

2.  Non-legislative  acts  adopted  in  the  form  of  regulations,  directives  or  decisions,  when  the  latter 
do  not  specify  to  whom  they  are  addressed,  shall  be  signed  by  the  President  of  the  institution  which 
adopted  them. 

Regulations  and  directives  which  are  addressed  to  all  Member  States,  as  well  as  decisions  which  do 
in  the  Official  Journal  of  the 
not  specify  to  whom  they  are  addressed,  shall  be  published 
European  Union.  They  shall  enter  into  force  on  the  date  specified  in  them  or,  in  the  absence 
thereof,  on  the  twentieth  day  following  that  of  their  publication. 

Other  directives,  and  decisions  which  specify  to  whom  they  are  addressed,  shall  be  notified  to  those 
to  whom  they  are  addressed  and  shall  take  effect  upon  such  notification. 

Article  298 

In  carrying  out  their  missions,  the  institutions,  bodies,  offices  and  agencies  of  the  Union  shall 

1. 
have  the  support  of  an  open,  efficient  and  independent  European  administration. 

In  compliance  with  the  Staff  Regulations  and  the  Conditions  of  Employment  adopted  on  the 
2. 
basis  of  Article  336,  the  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in 
accordance  with  the  ordinary  legislative  procedure,  shall  establish  provisions  to  that  end. 

Article  299 

(ex  Article  256  TEC) 

Acts  of  the  Council,  the  Commission  or  the  European  Central  Bank  which  impose  a  pecuniary 
obligation  on  persons  other  than  States,  shall  be  enforceable. 

Enforcement  shall  be  governed  by  the  rules  of  civil  procedure  in  force  in  the  State  in  the  territory  of 
which  it  is  carried  out.  The  order  for  its  enforcement  shall  be  appended  to  the  decision,  without 
other  formality  than  verification  of  the  authenticity  of  the  decision,  by  the  national  authority  which 
the  government  of  each  Member  State  shall  designate  for  this  purpose  and  shall  make  known  to 
the  Commission  and  to  the  Court  of  Justice  of  the  European  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/176 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/177
177177

Legal  acts  shall  state  the  reasons  on  which  they  are  based  and  shall  refer  to  any  proposals,  initiatives, 

recommendations,  requests  or  opinions  required  by  the  Treaties. 

When  considering  draft  legislative  acts,  the  European  Parliament  and  the  Council  shall  refrain  from 

adopting  acts  not  provided  for  by  the  relevant  legislative  procedure  in  the  area  in  question. 

Article  297 

(ex  Article  254  TEC) 

1. 

Legislative acts  adopted  under the  ordinary legislative procedure shall  be  signed  by  the  President 

of  the  European  Parliament  and  by  the  President  of  the  Council. 

Legislative  acts  adopted  under  a  special  legislative  procedure  shall  be  signed  by  the  President  of  the 

institution  which  adopted  them. 

Legislative  acts  shall  be  published  in  the  Official  Journal  of  the  European  Union.  They  shall  enter  into 

force  on  the  date  specified  in  them  or,  in  the  absence  thereof,  on  the  twentieth  day  following  that  of 

their  publication. 

adopted  them. 

2.  Non-legislative  acts  adopted  in  the  form  of  regulations,  directives  or  decisions,  when  the  latter 

do  not  specify  to  whom  they  are  addressed,  shall  be  signed  by  the  President  of  the  institution  which 

Regulations  and  directives  which  are  addressed  to  all  Member  States,  as  well  as  decisions  which  do 

not  specify  to  whom  they  are  addressed,  shall  be  published 

in  the  Official  Journal  of  the 

European  Union.  They  shall  enter  into  force  on  the  date  specified  in  them  or,  in  the  absence 

thereof,  on  the  twentieth  day  following  that  of  their  publication. 

Other  directives,  and  decisions  which  specify  to  whom  they  are  addressed,  shall  be  notified  to  those 

to  whom  they  are  addressed  and  shall  take  effect  upon  such  notification. 

Article  298 

1. 

In  carrying  out  their  missions,  the  institutions,  bodies,  offices  and  agencies  of  the  Union  shall 

have  the  support  of  an  open,  efficient  and  independent  European  administration. 

2. 

In  compliance  with  the  Staff  Regulations  and  the  Conditions  of  Employment  adopted  on  the 

basis  of  Article  336,  the  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in 

accordance  with  the  ordinary  legislative  procedure,  shall  establish  provisions  to  that  end. 

Article  299 

(ex  Article  256  TEC) 

Acts  of  the  Council,  the  Commission  or  the  European  Central  Bank  which  impose  a  pecuniary 

obligation  on  persons  other  than  States,  shall  be  enforceable. 

Enforcement  shall  be  governed  by  the  rules  of  civil  procedure  in  force  in  the  State  in  the  territory  of 

which  it  is  carried  out.  The  order  for  its  enforcement  shall  be  appended  to  the  decision,  without 

other  formality  than  verification  of  the  authenticity  of  the  decision,  by  the  national  authority  which 

the  government  of  each  Member  State  shall  designate  for  this  purpose  and  shall  make  known  to 

the  Commission  and  to  the  Court  of  Justice  of  the  European  Union.

When  these  formalities  have  been  completed  on  application  by  the  party  concerned,  the  latter  may 
proceed  to  enforcement  in  accordance  with  the  national  law,  by  bringing  the  matter  directly  before 
the  competent  authority. 

Enforcement  may  be  suspended  only  by  a  decision  of  the  Court.  However,  the  courts  of  the  country 
concerned  shall  have  jurisdiction  over  complaints  that  enforcement  is  being  carried  out  in  an 
irregular  manner. 

CHAPTER  3 

THE  UNION'S  ADVISORY  BODIES 

Article  300 

The  European  Parliament,  the  Council  and  the  Commission  shall  be  assisted  by  an  Economic 

1. 
and  Social  Committee  and  a  Committee  of  the  Regions,  exercising  advisory  functions. 

2. 
The  Economic  and  Social  Committee  shall  consist  of  representatives  of  organisations  of 
employers,  of  the  employed,  and  of  other  parties  representative  of  civil  society,  notably  in  socio- 
economic,  civic,  professional  and  cultural  areas. 

3. 
The  Committee  of  the  Regions  shall  consist  of  representatives  of  regional  and  local  bodies  who 
either  hold  a  regional  or  local  authority  electoral  mandate  or  are  politically  accountable  to  an  elected 
assembly. 

4. 
The  members  of  the  Economic  and  Social  Committee  and  of  the  Committee  of  the  Regions 
shall  not  be  bound  by  any  mandatory  instructions.  They  shall  be  completely  independent  in  the 
performance  of  their  duties,  in  the  Union's  general  interest. 

The  rules  referred  to  in  paragraphs  2  and  3  governing  the  nature  of  the  composition  of  the 
5. 
Committees  shall  be  reviewed  at  regular  intervals  by  the  Council  to  take  account  of  economic,  social 
and demographic developments within the Union. The Council, on a proposal from the  Commission, 
shall  adopt  decisions  to  that  end. 

SECTION  1 

THE  ECONOMIC  AND  SOCIAL  COMMITTEE 

Article  301 

(ex  Article  258  TEC) 

The  number  of  members  of  the  Economic  and  Social  Committee  shall  not  exceed  350. 

The  Council,  acting  unanimously  on  a  proposal  from  the  Commission,  shall  adopt  a  decision 
determining  the  Committee's  composition. 

The  Council  shall  determine  the  allowances  of  members  of  the  Committee.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/178 
178178

EN 

Official Journal of the European Union 

7.6.2016

Article  302 

(ex  Article  259  TEC) 

1. 
The  members  of  the  Committee  shall  be  appointed  for  five  years  The  Council  shall  adopt  the 
list  of  members  drawn  up  in  accordance  with  the  proposals  made  by  each  Member  State.  The  term 
of  office  of  the  members  of  the  Committee  shall  be  renewable. 

2. 
The  Council  shall  act  after  consulting  the  Commission.  It  may  obtain  the  opinion  of  European 
bodies  which  are  representative  of  the  various  economic  and  social  sectors  and  of  civil  society  to 
which  the  Union's  activities  are  of  concern. 

Article  303 

(ex  Article  260  TEC) 

The  Committee  shall  elect  its  chairman  and  officers  from  among  its  members  for  a  term  of  two  and 
a  half  years. 

It  shall  adopt  its  Rules  of  Procedure. 

The  Committee  shall  be  convened  by  its  chairman  at  the  request  of  the  European  Parliament, 
the  Council  or  of  the  Commission.  It  may  also  meet  on  its  own  initiative. 

Article  304 

(ex  Article  262  TEC) 

The Committee shall be consulted by the European Parliament, by the Council or by the  Commission 
where  the  Treaties  so  provide.  The  Committee  may  be  consulted  by  these  institutions  in  all  cases  in 
which  they  consider  it  appropriate.  It  may  issue  an  opinion  on  its  own  initiative  in  cases  in  which  it 
considers  such  action  appropriate. 

The  European  Parliament,  the  Council  or  the  Commission  shall,  if  it  considers  it  necessary,  set  the 
Committee,  for  the  submission  of  its  opinion,  a  time  limit  which  may  not  be  less  than  one  month 
from  the  date  on  which  the  chairman  receives  notification  to  this  effect.  Upon  expiry  of  the  time 
limit,  the  absence  of  an  opinion  shall  not  prevent  further  action. 

The  opinion  of  the  Committee,  together  with  a  record  of  the  proceedings,  shall  be  forwarded  to  the 
European  Parliament,  to  the  Council  and  to  the  Commission. 

SECTION  2 

THE  COMMITTEE  OF  THE  REGIONS 

Article  305 

(ex  Article  263,  second,  third  and  fourth  paragraphs,  TEC) 

The  number  of  members  of  the  Committee  of  the  Regions  shall  not  exceed  350.

Consolidated TreatiesConsolidated Treaties 
C  202/178 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/179
179179

Article  302 

(ex  Article  259  TEC) 

The  Council,  acting  unanimously  on  a  proposal  from  the  Commission,  shall  adopt  a  decision 
determining  the  Committee's  composition. 

1. 

The  members  of  the  Committee  shall  be  appointed  for  five  years  The  Council  shall  adopt  the 

list  of  members  drawn  up  in  accordance  with  the  proposals  made  by  each  Member  State.  The  term 

of  office  of  the  members  of  the  Committee  shall  be  renewable. 

2. 

The  Council  shall  act  after  consulting  the  Commission.  It  may  obtain  the  opinion  of  European 

bodies  which  are  representative  of  the  various  economic  and  social  sectors  and  of  civil  society  to 

which  the  Union's  activities  are  of  concern. 

The  members  of  the  Committee  and  an  equal  number  of  alternate  members  shall  be  appointed  for 
five  years.  Their  term  of  office  shall  be  renewable.  The  Council  shall  adopt  the  list  of  members  and 
alternate  members  drawn  up  in  accordance  with  the  proposals  made  by  each  Member  State.  When 
the  mandate  referred  to  in  Article  300(3)  on  the  basis  of  which  they  were  proposed  comes  to  an 
end,  the  term  of  office  of  members  of  the  Committee  shall  terminate  automatically  and  they  shall 
then  be  replaced  for  the  remainder  of  the  said  term  of  office  in  accordance  with  the  same  procedure. 
No  member  of  the  Committee  shall  at  the  same  time  be  a  Member  of  the  European  Parliament. 

Article  303 

(ex  Article  260  TEC) 

Article  304 

(ex  Article  262  TEC) 

Article  306 

(ex  Article  264  TEC) 

The  Committee  shall  elect  its  chairman  and  officers  from  among  its  members  for  a  term  of  two  and 

a  half  years. 

The  Committee  of  the  Regions  shall  elect  its  chairman  and  officers  from  among  its  members  for  a 
term  of  two  and  a  half  years. 

It  shall  adopt  its  Rules  of  Procedure. 

It  shall  adopt  its  Rules  of  Procedure. 

The  Committee  shall  be  convened  by  its  chairman  at  the  request  of  the  European  Parliament, 

the  Council  or  of  the  Commission.  It  may  also  meet  on  its  own  initiative. 

The  Committee  shall  be  convened  by  its  chairman  at  the  request  of  the  European  Parliament, 
the  Council  or  of  the  Commission.  It  may  also  meet  on  its  own  initiative. 

The Committee shall be consulted by the European Parliament, by the Council or by the  Commission 

where  the  Treaties  so  provide.  The  Committee  may  be  consulted  by  these  institutions  in  all  cases  in 

which  they  consider  it  appropriate.  It  may  issue  an  opinion  on  its  own  initiative  in  cases  in  which  it 

considers  such  action  appropriate. 

Article  307 

(ex  Article  265  TEC) 

The  Committee  of  the  Regions  shall  be  consulted  by  the  European  Parliament,  by  the  Council  or  by 
the  Commission  where  the  Treaties  so  provide  and  in  all  other  cases,  in  particular  those  which 
concern  cross-border  cooperation,  in  which  one  of  these  institutions  considers  it  appropriate. 

The  European  Parliament,  the  Council  or  the  Commission  shall,  if  it  considers  it  necessary,  set  the 

Committee,  for  the  submission  of  its  opinion,  a  time  limit  which  may  not  be  less  than  one  month 

from  the  date  on  which  the  chairman  receives  notification  to  this  effect.  Upon  expiry  of  the  time 

limit,  the  absence  of  an  opinion  shall  not  prevent  further  action. 

The  European  Parliament,  the  Council  or  the  Commission  shall,  if  it  considers  it  necessary,  set  the 
Committee,  for  the  submission  of  its  opinion,  a  time  limit  which  may  not  be  less  than  one  month 
from  the  date  on  which  the  chairman  receives  notification  to  this  effect.  Upon  expiry  of  the  time 
limit,  the  absence  of  an  opinion  shall  not  prevent  further  action. 

The  opinion  of  the  Committee,  together  with  a  record  of  the  proceedings,  shall  be  forwarded  to  the 

European  Parliament,  to  the  Council  and  to  the  Commission. 

SECTION  2 

THE  COMMITTEE  OF  THE  REGIONS 

Article  305 

(ex  Article  263,  second,  third  and  fourth  paragraphs,  TEC) 

The  number  of  members  of  the  Committee  of  the  Regions  shall  not  exceed  350.

The  opinion  of  the  Committee,  together  with  a  record  of  the  proceedings,  shall  be  forwarded  to  the 
European  Parliament,  to  the  Council  and  to  the  Commission.

Where  the  Economic  and  Social  Committee  is  consulted  pursuant  to  Article  304,  the  Committee  of 
the  Regions  shall  be  informed  by  the  European  Parliament,  the  Council  or  the  Commission  of  the 
request for  an  opinion.  Where  it  considers  that  specific regional  interests  are  involved, the  Committee 
of  the  Regions  may  issue  an  opinion  on  the  matter. 

It  may  issue  an  opinion  on  its  own  initiative  in  cases  in  which  it  considers  such  action  appropriate. 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/180 
180180

EN 

Official Journal of the European Union 

7.6.2016

CHAPTER  4 

THE  EUROPEAN  INVESTMENT  BANK 

Article  308 

(ex  Article  266  TEC) 

The  European  Investment  Bank  shall  have  legal  personality. 

The  members  of  the  European  Investment  Bank  shall  be  the  Member  States. 

The  Statute  of  the  European  Investment  Bank  is  laid  down  in  a  Protocol  annexed  to  the  Treaties. The 
Council  acting  unanimously  in  accordance  with  a  special  legislative  procedure,  at  the  request  of  the 
European  Investment  Bank  and  after  consulting  the  European  Parliament  and  the  Commission,  or  on 
a  proposal  from  the  Commission  and  after  consulting  the  European  Parliament  and  the  European 
Investment  Bank,  may  amend  the  Statute  of  the  Bank. 

Article  309 

(ex  Article  267  TEC) 

The  task  of  the  European  Investment  Bank  shall  be  to  contribute,  by  having  recourse  to  the  capital 
market  and  utilising  its  own  resources,  to  the  balanced  and  steady  development  of  the  internal 
market  in  the  interest  of  the  Union.  For  this  purpose  the  Bank  shall,  operating  on  a  non-profit- 
making  basis,  grant  loans  and  give  guarantees  which  facilitate  the  financing  of  the  following  projects 
in  all  sectors  of  the  economy: 

(a)  projects  for  developing  less-developed  regions; 

(b)  projects  for  modernising  or  converting  undertakings  or  for  developing  fresh  activities  called  for 
by  the  establishment  or  functioning  of  the  internal  market,  where  these  projects  are  of  such  a 
size  or  nature  that  they  cannot  be  entirely  financed  by  the  various  means  available  in  the 
individual  Member  States; 

(c)  projects  of  common  interest  to  several  Member  States  which  are  of  such  a  size  or  nature  that 
they  cannot  be  entirely  financed  by  the  various  means  available  in  the  individual  Member  States. 

In  carrying  out  its  task,  the  Bank  shall  facilitate  the  financing  of  investment  programmes  in 
conjunction  with  assistance  from  the  Structural  Funds  and  other  Union  Financial  Instruments.

Consolidated TreatiesConsolidated Treaties 
C  202/180 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/181
181181

CHAPTER  4 

THE  EUROPEAN  INVESTMENT  BANK 

Article  308 

(ex  Article  266  TEC) 

TITLE  II 

FINANCIAL  PROVISIONS 

Article  310 

(ex  Article  268  TEC) 

The  European  Investment  Bank  shall  have  legal  personality. 

1.  All  items  of  revenue  and  expenditure  of  the  Union  shall  be  included  in  estimates  to  be  drawn 
up  for  each  financial  year  and  shall  be  shown  in  the  budget. 

The  members  of  the  European  Investment  Bank  shall  be  the  Member  States. 

The  Union's  annual  budget  shall  be  established  by  the  European  Parliament  and  the  Council  in 
accordance  with  Article  314. 

The  Statute  of  the  European  Investment  Bank  is  laid  down  in  a  Protocol  annexed  to  the  Treaties. The 

Council  acting  unanimously  in  accordance  with  a  special  legislative  procedure,  at  the  request  of  the 

European  Investment  Bank  and  after  consulting  the  European  Parliament  and  the  Commission,  or  on 

a  proposal  from  the  Commission  and  after  consulting  the  European  Parliament  and  the  European 

Investment  Bank,  may  amend  the  Statute  of  the  Bank. 

Article  309 

(ex  Article  267  TEC) 

The  task  of  the  European  Investment  Bank  shall  be  to  contribute,  by  having  recourse  to  the  capital 

market  and  utilising  its  own  resources,  to  the  balanced  and  steady  development  of  the  internal 

market  in  the  interest  of  the  Union.  For  this  purpose  the  Bank  shall,  operating  on  a  non-profit- 

making  basis,  grant  loans  and  give  guarantees  which  facilitate  the  financing  of  the  following  projects 

in  all  sectors  of  the  economy: 

(a)  projects  for  developing  less-developed  regions; 

(b)  projects  for  modernising  or  converting  undertakings  or  for  developing  fresh  activities  called  for 

by  the  establishment  or  functioning  of  the  internal  market,  where  these  projects  are  of  such  a 

size  or  nature  that  they  cannot  be  entirely  financed  by  the  various  means  available  in  the 

individual  Member  States; 

(c)  projects  of  common  interest  to  several  Member  States  which  are  of  such  a  size  or  nature  that 

they  cannot  be  entirely  financed  by  the  various  means  available  in  the  individual  Member  States. 

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

The  expenditure  shown  in  the  budget  shall  be  authorised  for  the  annual  budgetary  period  in 

2. 
accordance  with  the  regulation  referred  to  in  Article  322. 

3. 
The  implementation  of  expenditure  shown  in  the  budget  shall  require  the  prior  adoption  of  a 
legally  binding  Union  act  providing  a  legal  basis  for  its  action  and  for  the  implementation  of  the 
corresponding  expenditure  in  accordance  with  the  regulation  referred  to  in  Article  322,  except  in 
cases  for  which  that  law  provides. 

4.  With  a  view  to  maintaining  budgetary  discipline,  the  Union  shall  not  adopt  any  act  which  is 
likely  to  have  appreciable  implications  for  the  budget  without  providing  an  assurance  that  the 
expenditure  arising  from  such  an  act  is  capable  of  being  financed  within  the  limit  of  the  Union's 
own  resources  and 
in 
Article  312. 

in  compliance  with  the  multiannual  financial  framework  referred  to 

5. 
The  budget  shall  be  implemented  in  accordance  with  the  principle  of  sound  financial 
management.  Member  States  shall  cooperate  with  the  Union  to  ensure  that  the  appropriations 
entered  in  the  budget  are  used  in  accordance  with  this  principle. 

The Union  and  the Member States, in  accordance with Article  325,  shall counter fraud and  any 

6. 
other  illegal  activities  affecting  the  financial  interests  of  the  Union. 

CHAPTER  1 

THE  UNION'S  OWN  RESOURCES 

Article  311 

(ex  Article  269  TEC) 

In  carrying  out  its  task,  the  Bank  shall  facilitate  the  financing  of  investment  programmes  in 

conjunction  with  assistance  from  the  Structural  Funds  and  other  Union  Financial  Instruments.

The  Union  shall  provide  itself  with  the  means  necessary  to  attain  its  objectives  and  carry  through 
its  policies.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/182 
182182

EN 

Official Journal of the European Union 

7.6.2016

Without  prejudice  to  other  revenue,  the  budget  shall  be  financed  wholly  from  own  resources. 

The  Council,  acting  in  accordance  with  a  special  legislative  procedure,  shall  unanimously  and  after 
consulting  the  European  Parliament  adopt  a  decision  laying  down  the  provisions  relating  to  the 
system  of  own  resources  of  the  Union.  In  this  context  it  may  establish  new  categories  of  own 
resources  or  abolish  an  existing  category.  That  decision  shall  not  enter  into  force  until  it  is 
approved  by  the  Member  States  in  accordance  with  their  respective  constitutional  requirements. 

The  Council,  acting  by  means  of  regulations  in  accordance  with  a  special  legislative  procedure,  shall 
lay  down  implementing  measures  for  the  Union's  own  resources  system  in  so  far  as  this  is  provided 
for  in  the  decision  adopted  on  the  basis  of  the  third  paragraph.  The  Council  shall  act  after  obtaining 
the  consent  of  the  European  Parliament. 

CHAPTER  2 

THE  MULTIANNUAL  FINANCIAL  FRAMEWORK 

Article  312 

The  multiannual  financial  framework  shall  ensure  that  Union  expenditure  develops  in  an 

1. 
orderly  manner  and  within  the  limits  of  its  own  resources. 

It  shall  be  established  for  a  period  of  at  least  five  years. 

The  annual  budget  of  the  Union  shall  comply  with  the  multiannual  financial  framework. 

2. 
The  Council,  acting  in  accordance  with  a  special  legislative  procedure,  shall  adopt  a  regulation 
laying  down  the  multiannual  financial  framework.  The  Council  shall  act  unanimously  after  obtaining 
the  consent  of  the  European  Parliament,  which  shall  be  given  by  a  majority  of  its  component 
members. 

The  European  Council  may,  unanimously,  adopt  a  decision  authorising  the  Council  to  act  by  a 
qualified  majority  when  adopting  the  regulation  referred  to  in  the  first  subparagraph. 

3. 
The  financial  framework  shall  determine  the  amounts  of  the  annual  ceilings  on  commitment 
appropriations  by  category  of  expenditure  and  of  the  annual  ceiling  on  payment  appropriations.  The 
categories  of  expenditure,  limited  in  number,  shall  correspond  to  the  Union's  major  sectors 
of  activity. 

The  financial  framework  shall  lay  down  any  other  provisions  required  for  the  annual  budgetary 
procedure  to  run  smoothly. 

4.  Where  no  Council  regulation  determining  a  new  financial  framework  has  been  adopted  by  the 
end  of  the  previous  financial  framework,  the  ceilings  and  other  provisions  corresponding  to  the  last 
year  of  that  framework  shall  be  extended  until  such  time  as  that  act  is  adopted.

Consolidated TreatiesConsolidated Treaties 
C  202/182 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/183
183183

Without  prejudice  to  other  revenue,  the  budget  shall  be  financed  wholly  from  own  resources. 

The  Council,  acting  in  accordance  with  a  special  legislative  procedure,  shall  unanimously  and  after 

consulting  the  European  Parliament  adopt  a  decision  laying  down  the  provisions  relating  to  the 

system  of  own  resources  of  the  Union.  In  this  context  it  may  establish  new  categories  of  own 

resources  or  abolish  an  existing  category.  That  decision  shall  not  enter  into  force  until  it  is 

approved  by  the  Member  States  in  accordance  with  their  respective  constitutional  requirements. 

The  Council,  acting  by  means  of  regulations  in  accordance  with  a  special  legislative  procedure,  shall 

lay  down  implementing  measures  for  the  Union's  own  resources  system  in  so  far  as  this  is  provided 

for  in  the  decision  adopted  on  the  basis  of  the  third  paragraph.  The  Council  shall  act  after  obtaining 

the  consent  of  the  European  Parliament. 

THE  MULTIANNUAL  FINANCIAL  FRAMEWORK 

CHAPTER  2 

Article  312 

5. 
Throughout  the  procedure  leading  to  the  adoption  of  the  financial  framework,  the  European 
Parliament,  the  Council  and  the  Commission  shall  take  any  measure  necessary  to  facilitate 
its  adoption. 

CHAPTER  3 

THE  UNION'S  ANNUAL  BUDGET 

Article  313 

(ex  Article  272(1),  TEC) 

The  financial  year  shall  run  from  1  January  to  31  December. 

Article  314 

(ex  Article  272(2)  to  (10),  TEC) 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  a  special  legislative  procedure, 
shall  establish  the  Union's  annual  budget  in  accordance  with  the  following  provisions. 

1. 

The  multiannual  financial  framework  shall  ensure  that  Union  expenditure  develops  in  an 

orderly  manner  and  within  the  limits  of  its  own  resources. 

1.  With  the  exception  of  the  European  Central  Bank,  each  institution  shall,  before  1  July,  draw  up 
estimates  of  its  expenditure  for  the  following  financial  year.  The  Commission  shall  consolidate  these 
estimates  in  a  draft  budget.  which  may  contain  different  estimates. 

It  shall  be  established  for  a  period  of  at  least  five  years. 

The  draft  budget  shall  contain  an  estimate  of  revenue  and  an  estimate  of  expenditure. 

The  Commission 

2. 
the 
European  Parliament  and  to  the  Council  not  later  than  1  September  of  the  year  preceding  that 
in  which  the  budget  is  to  be  implemented. 

submit  a  proposal 

the  draft  budget 

containing 

shall 

to 

The  Commission  may  amend  the  draft  budget  during  the  procedure  until  such  time  as  the 
Conciliation  Committee,  referred  to  in  paragraph  5,  is  convened. 

The  Council  shall  adopt 

3. 
the 
European  Parliament  not  later  than  1  October  of  the  year  preceding  that  in  which  the  budget  is 
to  be  implemented.  The  Council  shall  inform  the  European  Parliament  in  full  of  the  reasons  which 
led  it  to  adopt  its  position. 

the  draft  budget  and 

its  position  on 

forward 

to 

it 

4.  Where  no  Council  regulation  determining  a  new  financial  framework  has  been  adopted  by  the 

end  of  the  previous  financial  framework,  the  ceilings  and  other  provisions  corresponding  to  the  last 

year  of  that  framework  shall  be  extended  until  such  time  as  that  act  is  adopted.

(c)  adopts  amendments  by  a  majority  of  its  component  members,  the  amended  draft  shall  be 
forwarded  to  the  Council  and  to  the  Commission.  The  President  of  the  European  Parliament, 
in  agreement  with  the  President  of  the  Council,  shall  immediately  convene  a  meeting  of  the

4. 

If,  within  forty-two  days  of  such  communication,  the  European  Parliament: 

(a)  approves  the  position  of  the  Council,  the  budget  shall  be  adopted; 

(b)  has  not  taken  a  decision,  the  budget  shall  be  deemed  to  have  been  adopted; 

The  annual  budget  of  the  Union  shall  comply  with  the  multiannual  financial  framework. 

2. 

The  Council,  acting  in  accordance  with  a  special  legislative  procedure,  shall  adopt  a  regulation 

laying  down  the  multiannual  financial  framework.  The  Council  shall  act  unanimously  after  obtaining 

the  consent  of  the  European  Parliament,  which  shall  be  given  by  a  majority  of  its  component 

members. 

The  European  Council  may,  unanimously,  adopt  a  decision  authorising  the  Council  to  act  by  a 

qualified  majority  when  adopting  the  regulation  referred  to  in  the  first  subparagraph. 

3. 

The  financial  framework  shall  determine  the  amounts  of  the  annual  ceilings  on  commitment 

appropriations  by  category  of  expenditure  and  of  the  annual  ceiling  on  payment  appropriations.  The 

categories  of  expenditure,  limited  in  number,  shall  correspond  to  the  Union's  major  sectors 

of  activity. 

The  financial  framework  shall  lay  down  any  other  provisions  required  for  the  annual  budgetary 

procedure  to  run  smoothly. 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/184 
184184

EN 

Official Journal of the European Union 

7.6.2016

Conciliation  Committee.  However,  if  within  ten  days  of  the  draft  being  forwarded  the  Council 
informs  the  European  Parliament  that  it  has  approved  all  its  amendments,  the  Conciliation 
Committee  shall  not  meet. 

5. 
The  Conciliation  Committee,  which  shall  be  composed  of  the  members  of  the  Council  or  their 
representatives  and  an  equal  number  of  members  representing  the  European  Parliament,  shall  have 
the  task  of  reaching  agreement  on  a  joint  text,  by  a  qualified  majority  of  the  members  of  the  Council 
or  their  representatives  and  by  a  majority  of  the  representatives  of  the  European  Parliament  within 
twenty-one  days  of  its  being  convened,  on  the  basis  of  the  positions  of  the  European  Parliament  and 
the  Council. 

The  Commission  shall  take  part  in  the  Conciliation  Committee's  proceedings  and  shall  take  all  the 
necessary  initiatives  with  a  view  to  reconciling  the  positions  of  the  European  Parliament  and 
the  Council. 

6. 
If,  within  the  twenty-one  days  referred  to  in  paragraph  5,  the  Conciliation  Committee  agrees 
on  a  joint  text,  the  European  Parliament  and  the  Council  shall  each  have  a  period  of  fourteen  days 
from  the  date  of  that  agreement  in  which  to  approve  the  joint  text. 

7. 

If,  within  the  period  of  fourteen  days  referred  to  in  paragraph  6: 

(a)  the  European  Parliament  and  the  Council  both  approve  the  joint  text  or  fail  to  take  a  decision,  or 
if  one  of  these  institutions  approves  the  joint  text  while  the  other  one  fails  to  take  a  decision,  the 
budget  shall  be  deemed  to  be  definitively  adopted  in  accordance  with  the  joint  text;  or 

(b)  the  European  Parliament,  acting  by  a  majority  of  its  component  members,  and  the  Council  both 
reject the  joint  text, or  if  one  of  these  institutions  rejects  the  joint  text  while  the  other  one  fails  to 
take  a  decision,  a  new  draft  budget  shall  be  submitted  by  the  Commission;  or 

(c)  the  European  Parliament,  acting  by  a  majority  of  its  component  members,  rejects  the  joint  text 
while  the  Council  approves  it,  a  new  draft  budget  shall  be  submitted  by  the  Commission;  or 

the 

(d)  the  European  Parliament  approves 

the 
joint 
European  Parliament  may,  within  fourteen  days  from  the  date  of  the  rejection  by  the  Council 
and  acting  by  a  majority  of  its  component  members  and  three-fifths  of  the  votes  cast,  decide  to 
confirm  all  or  some  of 
in  paragraph  4(c).  Where  a 
European  Parliament  amendment  is  not  confirmed,  the  position  agreed  in  the  Conciliation 
Committee  on  the  budget  heading  which  is  the  subject  of  the  amendment  shall  be  retained. 
The  budget  shall  be  deemed  to  be  definitively  adopted  on  this  basis. 

the  amendments  referred 

the  Council 

text  whilst 

rejects 

to 

it, 

If,  within  the  twenty-one  days  referred  to  in  paragraph  5,  the  Conciliation  Committee  does  not 

8. 
agree  on  a  joint  text,  a  new  draft  budget  shall  be  submitted  by  the  Commission.

Consolidated TreatiesConsolidated Treaties 
C  202/184 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/185
185185

Conciliation  Committee.  However,  if  within  ten  days  of  the  draft  being  forwarded  the  Council 

informs  the  European  Parliament  that  it  has  approved  all  its  amendments,  the  Conciliation 

9.  When  the  procedure  provided  for  in  this  Article  has  been  completed,  the  President  of  the 
European  Parliament  shall  declare  that  the  budget  has  been  definitively  adopted. 

Committee  shall  not  meet. 

5. 

The  Conciliation  Committee,  which  shall  be  composed  of  the  members  of  the  Council  or  their 

representatives  and  an  equal  number  of  members  representing  the  European  Parliament,  shall  have 

the  task  of  reaching  agreement  on  a  joint  text,  by  a  qualified  majority  of  the  members  of  the  Council 

or  their  representatives  and  by  a  majority  of  the  representatives  of  the  European  Parliament  within 

twenty-one  days  of  its  being  convened,  on  the  basis  of  the  positions  of  the  European  Parliament  and 

The  Commission  shall  take  part  in  the  Conciliation  Committee's  proceedings  and  shall  take  all  the 

necessary  initiatives  with  a  view  to  reconciling  the  positions  of  the  European  Parliament  and 

the  Council. 

the  Council. 

6. 

If,  within  the  twenty-one  days  referred  to  in  paragraph  5,  the  Conciliation  Committee  agrees 

on  a  joint  text,  the  European  Parliament  and  the  Council  shall  each  have  a  period  of  fourteen  days 

from  the  date  of  that  agreement  in  which  to  approve  the  joint  text. 

7. 

If,  within  the  period  of  fourteen  days  referred  to  in  paragraph  6: 

(a)  the  European  Parliament  and  the  Council  both  approve  the  joint  text  or  fail  to  take  a  decision,  or 

if  one  of  these  institutions  approves  the  joint  text  while  the  other  one  fails  to  take  a  decision,  the 

budget  shall  be  deemed  to  be  definitively  adopted  in  accordance  with  the  joint  text;  or 

(b)  the  European  Parliament,  acting  by  a  majority  of  its  component  members,  and  the  Council  both 

reject the  joint  text, or  if  one  of  these  institutions  rejects  the  joint  text  while  the  other  one  fails  to 

take  a  decision,  a  new  draft  budget  shall  be  submitted  by  the  Commission;  or 

(c)  the  European  Parliament,  acting  by  a  majority  of  its  component  members,  rejects  the  joint  text 

while  the  Council  approves  it,  a  new  draft  budget  shall  be  submitted  by  the  Commission;  or 

(d)  the  European  Parliament  approves 

the 

joint 

text  whilst 

the  Council 

rejects 

it, 

the 

European  Parliament  may,  within  fourteen  days  from  the  date  of  the  rejection  by  the  Council 

and  acting  by  a  majority  of  its  component  members  and  three-fifths  of  the  votes  cast,  decide  to 

confirm  all  or  some  of 

the  amendments  referred 

to 

in  paragraph  4(c).  Where  a 

European  Parliament  amendment  is  not  confirmed,  the  position  agreed  in  the  Conciliation 

Committee  on  the  budget  heading  which  is  the  subject  of  the  amendment  shall  be  retained. 

The  budget  shall  be  deemed  to  be  definitively  adopted  on  this  basis. 

10. 
Each  institution  shall  exercise  the  powers  conferred  upon  it  under  this  Article  in  compliance 
with  the  Treaties  and  the  acts  adopted  thereunder,  with  particular  regard  to  the  Union's  own 
resources  and  the  balance  between  revenue  and  expenditure. 

Article  315 

(ex  Article  273  TEC) 

If,  at  the  beginning  of  a  financial  year,  the  budget  has  not  yet  been  definitively  adopted,  a  sum 
equivalent  to  not  more  than  one  twelfth  of  the  budget  appropriations  for  the  preceding  financial year 
may  be  spent  each  month  in  respect  of  any  chapter  of  the  budget  in  accordance  with  the  provisions 
of  the  Regulations  made  pursuant  to  Article  322;  that  sum  shall  not,  however,  exceed  one  twelfth  of 
the  appropriations  provided  for  in  the  same  chapter  of  the  draft  budget. 

The  Council  on  a  proposal  by  the  Commission,  may, provided  that  the  other  conditions  laid  down  in 
the  first  paragraph  are  observed,  authorise  expenditure  in  excess  of  one  twelfth  in  accordance  with 
the  regulations  made  pursuant  to  Article  322.  The  Council  shall  forward the  decision  immediately to 
the  European  Parliament. 

The  decision  referred  to  in  the  second  paragraph  shall  lay  down  the  necessary  measures  relating  to 
resources  to  ensure  application  of  this  Article,  in  accordance  with  the  acts  referred  to  in  Article  311. 

It  shall  enter  into  force  thirty  days  following  its  adoption  if  the  European  Parliament,  acting  by  a 
majority  of  its  component  Members,  has  not  decided  to  reduce  this  expenditure  within  that  time- 
limit. 

Article  316 

(ex  Article  271  TEC) 

In  accordance  with  conditions  to  be  laid  down  pursuant  to  Article  322,  any  appropriations,  other 
than  those  relating  to  staff  expenditure,  that  are  unexpended  at  the  end  of  the  financial  year  may  be 
carried  forward  to  the  next  financial  year  only. 

Appropriations  shall be  classified under different chapters grouping  items  of  expenditure according  to 
their  nature  or  purpose  and  subdivided  in  accordance  with  the  regulations  made  pursuant  to 
Article  322. 

8. 

If,  within  the  twenty-one  days  referred  to  in  paragraph  5,  the  Conciliation  Committee  does  not 

agree  on  a  joint  text,  a  new  draft  budget  shall  be  submitted  by  the  Commission.

The expenditure of the European Parliament, the European Council and the Council, the  Commission 
and  the  Court  of  Justice  of  the  European  Union  shall  be  set  out  in  separate  parts  of  the  budget, 
without  prejudice  to  special  arrangements  for  certain  common  items  of  expenditure.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/186 
186186

EN 

Official Journal of the European Union 

7.6.2016

CHAPTER  4 

IMPLEMENTATION  OF  THE  BUDGET  AND  DISCHARGE 

Article  317 

(ex  Article  274  TEC) 

The  Commission  shall  implement  the  budget  in  cooperation  with  the  Member  States,  in  accordance 
with  the  provisions  of  the  regulations  made  pursuant  to  Article  322,  on  its  own  responsibility  and 
within  the 
limits  of  the  appropriations,  having  regard  to  the  principles  of  sound  financial 
management.  Member  States  shall  cooperate  with  the  Commission  to  ensure  that  the  appropriations 
are  used  in  accordance  with  the  principles  of  sound  financial  management. 

The  regulations  shall  lay  down  the  control  and  audit  obligations  of  the  Member  States  in  the 
implementation  of  the  budget  and  the  resulting  responsibilities.  They  shall  also  lay  down  the 
responsibilities and  detailed  rules  for  each  institution  concerning  its  part  in  effecting  its  own  expend­
iture. 

Within  the  budget,  the  Commission  may,  subject  to  the  limits  and  conditions  laid  down  in  the 
regulations  made  pursuant  to  Article  322,  transfer  appropriations  from  one  chapter  to  another  or 
from  one  subdivision  to  another. 

Article  318 

(ex  Article  275  TEC) 

The  Commission  shall  submit  annually  to  the  European  Parliament  and  to  the  Council  the  accounts 
of  the  preceding  financial  year  relating  to  the  implementation  of  the  budget.  The  Commission  shall 
also  forward  to  them  a  financial  statement  of  the  assets  and  liabilities  of  the  Union. 

The  Commission  shall  also  submit  to  the  European  Parliament  and  to  the  Council  an  evaluation 
report  on  the  Union's  finances  based  on  the  results  achieved,  in  particular  in  relation  to  the 
indications  given  by  the  European  Parliament  and  the  Council  pursuant  to  Article  319. 

Article  319 

(ex  Article  276  TEC) 

1. 
The  European  Parliament,  acting  on  a  recommendation  from  the  Council,  shall  give  a  discharge 
to  the  Commission  in  respect  of  the  implementation  of  the  budget.  To  this  end,  the  Council  and  the 
European  Parliament  in  turn  shall  examine  the  accounts,  the  financial  statement  and  the  evaluation 
report  referred  to  in  Article  318,  the  annual  report  by  the  Court  of  Auditors  together  with  the 
replies  of  the  institutions  under  audit  to  the  observations  of  the  Court  of  Auditors,  the  statement  of 
assurance  referred  to  in  Article  287(1),  second  subparagraph  and  any  relevant  special  reports  by  the 
Court  of  Auditors.

Consolidated TreatiesConsolidated Treaties 
C  202/186 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/187
187187

IMPLEMENTATION  OF  THE  BUDGET  AND  DISCHARGE 

CHAPTER  4 

Article  317 

(ex  Article  274  TEC) 

2. 
Before  giving  a  discharge  to  the  Commission,  or  for  any  other  purpose  in  connection  with  the 
exercise  of  its  powers  over  the  implementation  of  the  budget,  the  European  Parliament  may  ask  to 
hear  the  Commission  give  evidence  with  regard  to  the  execution  of  expenditure  or  the  operation  of 
financial  control  systems.  The  Commission  shall  submit  any  necessary  information  to  the  European 
Parliament  at  the  latter's  request. 

The  Commission  shall  implement  the  budget  in  cooperation  with  the  Member  States,  in  accordance 

with  the  provisions  of  the  regulations  made  pursuant  to  Article  322,  on  its  own  responsibility  and 

within  the 

limits  of  the  appropriations,  having  regard  to  the  principles  of  sound  financial 

management.  Member  States  shall  cooperate  with  the  Commission  to  ensure  that  the  appropriations 

are  used  in  accordance  with  the  principles  of  sound  financial  management. 

3. 
The  Commission  shall  take  all  appropriate  steps  to  act  on  the  observations  in  the  decisions 
giving  discharge  and  on  other  observations  by  the  European  Parliament  relating  to  the  execution  of 
expenditure,  as  well  as  on  comments  accompanying  the  recommendations  on  discharge  adopted  by 
the  Council. 

The  regulations  shall  lay  down  the  control  and  audit  obligations  of  the  Member  States  in  the 

implementation  of  the  budget  and  the  resulting  responsibilities.  They  shall  also  lay  down  the 

responsibilities and  detailed  rules  for  each  institution  concerning  its  part  in  effecting  its  own  expend­

iture. 

Within  the  budget,  the  Commission  may,  subject  to  the  limits  and  conditions  laid  down  in  the 

regulations  made  pursuant  to  Article  322,  transfer  appropriations  from  one  chapter  to  another  or 

from  one  subdivision  to  another. 

The  Commission  shall  submit  annually  to  the  European  Parliament  and  to  the  Council  the  accounts 

of  the  preceding  financial  year  relating  to  the  implementation  of  the  budget.  The  Commission  shall 

also  forward  to  them  a  financial  statement  of  the  assets  and  liabilities  of  the  Union. 

The  Commission  shall  also  submit  to  the  European  Parliament  and  to  the  Council  an  evaluation 

report  on  the  Union's  finances  based  on  the  results  achieved,  in  particular  in  relation  to  the 

indications  given  by  the  European  Parliament  and  the  Council  pursuant  to  Article  319. 

Article  318 

(ex  Article  275  TEC) 

Article  319 

(ex  Article  276  TEC) 

1. 

The  European  Parliament,  acting  on  a  recommendation  from  the  Council,  shall  give  a  discharge 

to  the  Commission  in  respect  of  the  implementation  of  the  budget.  To  this  end,  the  Council  and  the 

European  Parliament  in  turn  shall  examine  the  accounts,  the  financial  statement  and  the  evaluation 

report  referred  to  in  Article  318,  the  annual  report  by  the  Court  of  Auditors  together  with  the 

replies  of  the  institutions  under  audit  to  the  observations  of  the  Court  of  Auditors,  the  statement  of 

assurance  referred  to  in  Article  287(1),  second  subparagraph  and  any  relevant  special  reports  by  the 

Court  of  Auditors.

At  the  request  of  the  European  Parliament  or  the  Council,  the  Commission  shall  report  on  the 
measures  taken  in  the  light  of  these  observations  and  comments  and  in  particular  on  the  instructions 
given  to  the  departments  which  are  responsible  for  the  implementation  of  the  budget.  These  reports 
shall  also  be  forwarded  to  the  Court  of  Auditors. 

CHAPTER  5 

COMMON  PROVISIONS 

Article  320 

(ex  Article  277  TEC) 

The  multiannual  financial  framework  and  the  annual  budget  shall  be  drawn  up  in  euro. 

Article  321 

(ex  Article  278  TEC) 

The  Commission  may,  provided  it  notifies  the  competent  authorities  of  the  Member  States 
concerned,  transfer  into  the  currency  of  one  of  the  Member  States  its  holdings  in  the  currency  of 
another  Member  State,  to  the  extent  necessary  to  enable  them  to  be  used  for  purposes  which  come 
within  the  scope  of  the  Treaties. The  Commission  shall  as  far  as  possible  avoid  making  such  transfers 
if  it  possesses  cash  or  liquid  assets  in  the  currencies  which  it  needs. 

The  Commission  shall  deal  with  each  Member  State  through  the  authority  designated  by  the  State 
concerned.  In  carrying  out  financial operations  the  Commission  shall employ  the  services of  the  bank 
of  issue  of  the  Member  State  concerned  or  of  any  other  financial  institution  approved  by  that  State. 

Article  322 

(ex  Article  279  TEC) 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 

1. 
procedure,  and  after  consulting  the  Court  of  Auditors,  shall  adopt  by  means  of  regulations: 

(a)  the  financial  rules  which  determine  in  particular  the  procedure  to  be  adopted  for  establishing  and 

implementing  the  budget  and  for  presenting  and  auditing  accounts;

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/188 
188188

EN 

Official Journal of the European Union 

7.6.2016

(b)  rules  providing  for  checks  on  the  responsibility  of  financial  actors,  in  particular  authorising 

officers  and  accounting  officers. 

The  Council,  acting  on  a  proposal 

2. 
the 
from 
European  Parliament  and  the  Court  of  Auditors,  shall  determine  the  methods  and  procedure 
whereby  the  budget  revenue  provided  under  the  arrangements  relating  to  the  Union's  own 
resources  shall  be  made  available  to  the  Commission,  and  determine  the  measures  to  be  applied, 
if  need  be,  to  meet  cash  requirements. 

the  Commission  and  after  consulting 

The  European  Parliament,  the  Council  and  the  Commission  shall  ensure  that  the  financial  means  are 
made  available  to  allow  the  Union  to  fulfil  its  legal  obligations  in  respect  of  third  parties. 

Article  323 

Article  324 

the  Presidents  of 

Regular  meetings  between 
the  Council  and 
the  Commission  shall  be  convened,  on  the  initiative  of  the  Commission,  under  the  budgetary 
procedures  referred  to  in  this  Title.  The  Presidents  shall  take  all  the  necessary  steps  to  promote 
consultation  and  the  reconciliation  of  the  positions  of  the  institutions  over  which  they  preside  in 
order  to  facilitate  the  implementation  of  this  Title. 

the  European  Parliament, 

CHAPTER  6 

COMBATTING  FRAUD 

Article  325 

(ex  Article  280  TEC) 

1. 
The  Union  and  the  Member  States  shall  counter  fraud  and  any  other  illegal  activities  affecting 
the  financial  interests  of  the  Union  through  measures  to  be  taken  in  accordance  with  this  Article, 
which  shall  act  as  a  deterrent  and  be  such  as  to  afford  effective  protection  in  the  Member  States,  and 
in  all  the  Union's  institutions,  bodies,  offices  and  agencies. 

2.  Member  States  shall  take  the  same  measures  to  counter  fraud  affecting  the  financial  interests  of 
the  Union  as  they  take  to  counter  fraud  affecting  their  own  financial  interests. 

3.  Without  prejudice  to  other  provisions  of  the  Treaties,  the  Member  States  shall  coordinate  their 
action  aimed  at  protecting  the  financial  interests  of  the  Union  against  fraud.  To  this  end  they  shall 
the 
organise, 
competent  authorities.

the  Commission,  close  and 

regular  cooperation  between 

together  with 

Consolidated TreatiesConsolidated Treaties 
C  202/188 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/189
189189

(b)  rules  providing  for  checks  on  the  responsibility  of  financial  actors,  in  particular  authorising 

officers  and  accounting  officers. 

2. 

The  Council,  acting  on  a  proposal 

from 

the  Commission  and  after  consulting 

the 

European  Parliament  and  the  Court  of  Auditors,  shall  determine  the  methods  and  procedure 

whereby  the  budget  revenue  provided  under  the  arrangements  relating  to  the  Union's  own 

resources  shall  be  made  available  to  the  Commission,  and  determine  the  measures  to  be  applied, 

if  need  be,  to  meet  cash  requirements. 

4. 
The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure,  after  consulting  the  Court  of  Auditors,  shall  adopt  the  necessary  measures  in  the  fields  of 
the  prevention  of  and  fight  against  fraud  affecting  the  financial  interests  of  the  Union  with  a  view  to 
affording  effective  and  equivalent  protection  in  the  Member  States  and  in  all  the  Union's  institutions, 
bodies,  offices  and  agencies. 

The  Commission, 

5. 
in  cooperation  with  Member  States,  shall  each  year  submit  to  the 
European  Parliament  and  to  the  Council  a  report  on  the  measures  taken  for  the  implementation 
of  this  Article. 

The  European  Parliament,  the  Council  and  the  Commission  shall  ensure  that  the  financial  means  are 

made  available  to  allow  the  Union  to  fulfil  its  legal  obligations  in  respect  of  third  parties. 

Regular  meetings  between 

the  Presidents  of 

the  European  Parliament, 

the  Council  and 

the  Commission  shall  be  convened,  on  the  initiative  of  the  Commission,  under  the  budgetary 

procedures  referred  to  in  this  Title.  The  Presidents  shall  take  all  the  necessary  steps  to  promote 

consultation  and  the  reconciliation  of  the  positions  of  the  institutions  over  which  they  preside  in 

order  to  facilitate  the  implementation  of  this  Title. 

Article  323 

Article  324 

CHAPTER  6 

COMBATTING  FRAUD 

Article  325 

(ex  Article  280  TEC) 

1. 

The  Union  and  the  Member  States  shall  counter  fraud  and  any  other  illegal  activities  affecting 

the  financial  interests  of  the  Union  through  measures  to  be  taken  in  accordance  with  this  Article, 

which  shall  act  as  a  deterrent  and  be  such  as  to  afford  effective  protection  in  the  Member  States,  and 

in  all  the  Union's  institutions,  bodies,  offices  and  agencies. 

2.  Member  States  shall  take  the  same  measures  to  counter  fraud  affecting  the  financial  interests  of 

the  Union  as  they  take  to  counter  fraud  affecting  their  own  financial  interests. 

TITLE  III 

ENHANCED  COOPERATION 

Article  326 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

Any  enhanced  cooperation  shall  comply  with  the  Treaties  and  Union  law. 

Such  cooperation  shall  not  undermine  the  internal  market  or  economic,  social  and  territorial 
cohesion.  It  shall  not  constitute  a  barrier  to  or  discrimination  in  trade  between  Member  States, 
nor  shall  it  distort  competition  between  them. 

Article  327 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

Any  enhanced  cooperation  shall  respect  the  competences,  rights  and  obligations  of  those 
Member  States  which  do  not  participate  in  it.  Those  Member  States  shall  not  impede  its  implemen­
tation  by  the  participating  Member  States. 

Article  328 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

1.  When  enhanced  cooperation  is  being  established,  it  shall  be  open  to  all  Member  States,  subject 
to  compliance  with  any  conditions  of  participation  laid  down  by  the  authorising  decision.  It  shall 
also  be  open  to  them  at  any  other  time,  subject  to  compliance  with  the  acts  already  adopted  within 
that  framework,  in  addition  to  those  conditions. 

The  Commission  and  the  Member  States  participating  in  enhanced  cooperation  shall  ensure  that  they 
promote  participation  by  as  many  Member  States  as  possible. 

3.  Without  prejudice  to  other  provisions  of  the  Treaties,  the  Member  States  shall  coordinate  their 

action  aimed  at  protecting  the  financial  interests  of  the  Union  against  fraud.  To  this  end  they  shall 

organise, 

together  with 

the  Commission,  close  and 

regular  cooperation  between 

the 

competent  authorities.

2. 
The  Commission  and,  where  appropriate,  the  High  Representative  of  the  Union  for  Foreign 
Affairs  and  Security  Policy  shall  keep  the  European  Parliament  and  the  Council  regularly  informed 
regarding  developments  in  enhanced  cooperation.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/190 
190190

EN 

Official Journal of the European Union 

7.6.2016

Article  329 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

1.  Member  States  which  wish  to  establish  enhanced  cooperation  between  themselves  in  one  of  the 
areas  covered  by  the  Treaties,  with  the  exception  of  fields  of  exclusive  competence  and  the  common 
foreign  and  security  policy,  shall  address  a  request  to  the  Commission,  specifying  the  scope  and 
objectives  of  the  enhanced  cooperation  proposed.  The  Commission  may  submit  a  proposal  to  the 
Council  to  that  effect.  In  the  event  of  the  Commission  not  submitting  a  proposal,  it  shall  inform  the 
Member  States  concerned  of  the  reasons  for  not  doing  so. 

Authorisation  to  proceed  with  the  enhanced  cooperation referred  to  in  the  first  subparagraph  shall  be 
granted  by  the  Council,  on  a  proposal  from  the  Commission  and  after  obtaining  the  consent  of  the 
European  Parliament. 

The  request  of  the  Member  States  which  wish  to  establish  enhanced  cooperation  between 
2. 
themselves  within  the  framework  of  the  common  foreign  and  security  policy  shall  be  addressed 
to  the  Council.  It  shall  be  forwarded  to  the  High  Representative  of  the  Union  for  Foreign  Affairs  and 
Security  Policy,  who  shall  give  an  opinion  on  whether  the  enhanced  cooperation  proposed  is 
consistent  with  the  Union's  common  foreign  and  security  policy,  and  to  the  Commission,  which 
shall  give  its  opinion  in  particular  on  whether  the  enhanced  cooperation  proposed  is  consistent  with 
other  Union  policies.  It  shall  also  be  forwarded  to  the  European  Parliament  for  information. 

Authorisation  to  proceed  with  enhanced  cooperation  shall  be  granted  by  a  decision  of  the  Council 
acting  unanimously. 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

All  members  of  the  Council  may  participate  in  its  deliberations,  but  only  members  of  the  Council 
representing  the  Member  States  participating  in  enhanced  cooperation  shall  take  part  in  the  vote. 

Article  330 

Unanimity  shall  be  constituted  by  the  votes  of  the  representatives  of  the  participating  Member  States 
only. 

A  qualified  majority  shall  be  defined  in  accordance  with  Article  238(3). 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

1.  Any  Member  State  which  wishes  to  participate  in  enhanced  cooperation  in  progress  in  one  of 
the  areas  referred  to  in  Article  329(1)  shall  notify  its  intention  to  the  Council  and  the  Commission. 

Article  331 

The  Commission  shall,  within  four  months  of  the  date  of  receipt  of  the  notification,  confirm  the 
participation  of  the  Member  State  concerned.  It  shall  note  where  necessary  that  the  conditions  of 
participation  have  been  fulfilled  and  shall  adopt  any  transitional  measures  necessary  with  regard  to 
the  application  of  the  acts  already  adopted  within  the  framework  of  enhanced  cooperation.

Consolidated TreatiesConsolidated Treaties 
C  202/190 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/191
191191

Article  329 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

1.  Member  States  which  wish  to  establish  enhanced  cooperation  between  themselves  in  one  of  the 

areas  covered  by  the  Treaties,  with  the  exception  of  fields  of  exclusive  competence  and  the  common 

foreign  and  security  policy,  shall  address  a  request  to  the  Commission,  specifying  the  scope  and 

objectives  of  the  enhanced  cooperation  proposed.  The  Commission  may  submit  a  proposal  to  the 

Council  to  that  effect.  In  the  event  of  the  Commission  not  submitting  a  proposal,  it  shall  inform  the 

Member  States  concerned  of  the  reasons  for  not  doing  so. 

However,  if  the  Commission  considers  that  the  conditions  of  participation  have  not  been  fulfilled,  it 
shall indicate the arrangements  to  be  adopted  to  fulfil those  conditions and  shall set  a deadline for  re- 
examining  the  request.  On  the  expiry  of  that  deadline,  it  shall  re-examine  the  request,  in  accordance 
with  the  procedure  set  out  in  the  second  subparagraph.  If  the  Commission  considers  that  the 
conditions  of  participation  have  still  not  been  met,  the  Member  State  concerned  may  refer  the 
matter  to  the  Council,  which  shall  decide  on  the  request.  The  Council  shall  act  in  accordance 
with  Article  330.  It  may  also  adopt  the  transitional  measures  referred  to  in  the  second  subparagraph 
on  a  proposal  from  the  Commission. 

Authorisation  to  proceed  with  the  enhanced  cooperation referred  to  in  the  first  subparagraph  shall  be 

granted  by  the  Council,  on  a  proposal  from  the  Commission  and  after  obtaining  the  consent  of  the 

European  Parliament. 

2.  Any  Member  State  which  wishes  to  participate  in  enhanced  cooperation  in  progress  in  the 
framework  of  the  common  foreign  and  security  policy  shall  notify  its  intention  to  the  Council,  the 
High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  and  the  Commission. 

2. 

The  request  of  the  Member  States  which  wish  to  establish  enhanced  cooperation  between 

themselves  within  the  framework  of  the  common  foreign  and  security  policy  shall  be  addressed 

to  the  Council.  It  shall  be  forwarded  to  the  High  Representative  of  the  Union  for  Foreign  Affairs  and 

Security  Policy,  who  shall  give  an  opinion  on  whether  the  enhanced  cooperation  proposed  is 

consistent  with  the  Union's  common  foreign  and  security  policy,  and  to  the  Commission,  which 

shall  give  its  opinion  in  particular  on  whether  the  enhanced  cooperation  proposed  is  consistent  with 

other  Union  policies.  It  shall  also  be  forwarded  to  the  European  Parliament  for  information. 

Authorisation  to  proceed  with  enhanced  cooperation  shall  be  granted  by  a  decision  of  the  Council 

acting  unanimously. 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

All  members  of  the  Council  may  participate  in  its  deliberations,  but  only  members  of  the  Council 

representing  the  Member  States  participating  in  enhanced  cooperation  shall  take  part  in  the  vote. 

Article  330 

Unanimity  shall  be  constituted  by  the  votes  of  the  representatives  of  the  participating  Member  States 

only. 

A  qualified  majority  shall  be  defined  in  accordance  with  Article  238(3). 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

1.  Any  Member  State  which  wishes  to  participate  in  enhanced  cooperation  in  progress  in  one  of 

the  areas  referred  to  in  Article  329(1)  shall  notify  its  intention  to  the  Council  and  the  Commission. 

Article  331 

The  Commission  shall,  within  four  months  of  the  date  of  receipt  of  the  notification,  confirm  the 

participation  of  the  Member  State  concerned.  It  shall  note  where  necessary  that  the  conditions  of 

participation  have  been  fulfilled  and  shall  adopt  any  transitional  measures  necessary  with  regard  to 

the  application  of  the  acts  already  adopted  within  the  framework  of  enhanced  cooperation.

The  Council  shall  confirm  the  participation  of  the  Member  State  concerned,  after  consulting  the  High 
Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  and  after  noting,  where  necessary, 
that  the  conditions  of  participation  have  been  fulfilled.  The  Council,  on  a  proposal  from  the  High 
Representative,  may  also  adopt  any  transitional  measures  necessary  with  regard  to  the  application  of 
the  acts  already  adopted  within  the  framework  of  enhanced  cooperation.  However,  if  the  Council 
considers  that  the  conditions  of  participation  have  not  been  fulfilled, 
indicate  the 
arrangements  to  be  adopted  to  fulfil  those  conditions  and  shall  set  a  deadline  for  re-examining 
the  request  for  participation. 

it  shall 

For  the  purposes  of  this  paragraph,  the  Council  shall  act  unanimously  and  in  accordance  with 
Article  330. 

Article  332 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

Expenditure  resulting  from  implementation  of  enhanced  cooperation,  other  than  administrative  costs 
entailed  for  the  institutions,  shall  be  borne  by  the  participating  Member  States,  unless  all  members  of 
the  Council,  acting  unanimously  after  consulting  the  European  Parliament,  decide  otherwise. 

Article  333 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

1.  Where  a  provision  of  the  Treaties  which  may  be  applied  in  the  context  of  enhanced 
cooperation  stipulates  that  the  Council  shall  act  unanimously,  the  Council,  acting  unanimously  in 
accordance  with  the  arrangements  laid  down  in  Article  330,  may  adopt  a  decision  stipulating  that  it 
will  act  by  a  qualified  majority. 

2.  Where  a  provision  of  the  Treaties  which  may  be  applied  in  the  context  of  enhanced 
cooperation  stipulates  that  the  Council  shall  adopt  acts  under  a  special  legislative  procedure, 
the  Council,  acting  unanimously  in  accordance  with  the  arrangements  laid  down  in  Article  330, 
may  adopt  a  decision  stipulating  that  it  will  act  under  the  ordinary  legislative  procedure.  The  Council 
shall  act  after  consulting  the  European  Parliament.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/192 
192192

EN 

Official Journal of the European Union 

7.6.2016

3. 

Paragraphs  1  and  2  shall  not  apply  to  decisions  having  military  or  defence  implications. 

Article  334 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

The  Council  and  the  Commission  shall  ensure  the  consistency  of  activities  undertaken  in  the  context 
of  enhanced  cooperation  and  the  consistency  of  such  activities  with  the  policies  of  the  Union,  and 
shall  cooperate  to  that  end. 

PART  SEVEN 
GENERAL  AND  FINAL  PROVISIONS 

Article  335 

(ex  Article  282  TEC) 

In  each  of  the  Member  States,  the  Union  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  Union  shall  be  represented  by 
the  Commission.  However,  the  Union  shall  be  represented  by  each  of  the  institutions,  by  virtue  of 
their  administrative  autonomy,  in  matters  relating  to  their  respective  operation. 

Article  336 

(ex  Article  283  TEC) 

The  European  Parliament  and  the  Council  shall,  acting  by  means  of  regulations  in  accordance  with 
the  ordinary  legislative  procedure  and  after  consulting  the  other  institutions  concerned,  lay  down  the 
Staff  Regulations  of  Officials  of  the  European  Union  and  the  Conditions  of  Employment  of  other 
servants  of  the  Union. 

Article  337 

(ex  Article  284  TEC) 

The  Commission  may,  within  the  limits  and  under  conditions  laid  down  by  the  Council  acting  by  a 
simple  majority  in  accordance  with  the  provisions  of  the  Treaties,  collect  any  information  and  carry 
out  any  checks  required  for  the  performance  of  the  tasks  entrusted  to  it. 

Article  338 

(ex  Article  285  TEC) 

1.  Without  prejudice  to  Article  5  of  the  Protocol  on  the  Statute  of  the  European  System  of 
Central  Banks  and  of  the  European  Central  Bank,  the  European  Parliament  and  the  Council,  acting  in 
accordance  with  the  ordinary  legislative  procedure,  shall  adopt  measures  for  the  production  of 
statistics  where  necessary  for  the  performance  of  the  activities  of  the  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/192 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/193
193193

3. 

Paragraphs  1  and  2  shall  not  apply  to  decisions  having  military  or  defence  implications. 

2. 
The  production  of  Union  statistics  shall  conform  to  impartiality, reliability,  objectivity, scientific 
independence,  cost-effectiveness  and  statistical  confidentiality;  it  shall  not  entail  excessive  burdens  on 
economic  operators. 

Article  334 

(ex  Articles  27a  to  27e,  40  to  40b  and  43  to  45  TEU  and  ex  Articles  11  and  11a  TEC) 

The  Council  and  the  Commission  shall  ensure  the  consistency  of  activities  undertaken  in  the  context 

of  enhanced  cooperation  and  the  consistency  of  such  activities  with  the  policies  of  the  Union,  and 

shall  cooperate  to  that  end. 

PART  SEVEN 

GENERAL  AND  FINAL  PROVISIONS 

Article  335 

(ex  Article  282  TEC) 

In  each  of  the  Member  States,  the  Union  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  Union  shall  be  represented  by 

the  Commission.  However,  the  Union  shall  be  represented  by  each  of  the  institutions,  by  virtue  of 

their  administrative  autonomy,  in  matters  relating  to  their  respective  operation. 

The  European  Parliament  and  the  Council  shall,  acting  by  means  of  regulations  in  accordance  with 

the  ordinary  legislative  procedure  and  after  consulting  the  other  institutions  concerned,  lay  down  the 

Staff  Regulations  of  Officials  of  the  European  Union  and  the  Conditions  of  Employment  of  other 

servants  of  the  Union. 

The  Commission  may,  within  the  limits  and  under  conditions  laid  down  by  the  Council  acting  by  a 

simple  majority  in  accordance  with  the  provisions  of  the  Treaties,  collect  any  information  and  carry 

out  any  checks  required  for  the  performance  of  the  tasks  entrusted  to  it. 

1.  Without  prejudice  to  Article  5  of  the  Protocol  on  the  Statute  of  the  European  System  of 

Central  Banks  and  of  the  European  Central  Bank,  the  European  Parliament  and  the  Council,  acting  in 

accordance  with  the  ordinary  legislative  procedure,  shall  adopt  measures  for  the  production  of 

statistics  where  necessary  for  the  performance  of  the  activities  of  the  Union.

Article  336 

(ex  Article  283  TEC) 

Article  337 

(ex  Article  284  TEC) 

Article  338 

(ex  Article  285  TEC) 

Article  339 

(ex  Article  287  TEC) 

The  members  of  the  institutions  of  the  Union,  the  members  of  committees,  and  the  officials  and 
other  servants  of  the  Union  shall  be  required,  even  after  their  duties  have  ceased,  not  to  disclose 
information  of  the  kind  covered  by  the  obligation  of  professional  secrecy,  in  particular  information 
about  undertakings,  their  business  relations  or  their  cost  components. 

Article  340 

(ex  Article  288  TEC) 

The  contractual  liability  of  the  Union  shall  be  governed  by  the  law  applicable  to  the  contract 
in  question. 

In  the  case  of  non-contractual  liability,  the  Union  shall,  in  accordance  with  the  general  principles 
common  to  the  laws  of  the  Member  States,  make  good  any  damage  caused  by  its  institutions  or  by 
its  servants  in  the  performance  of  their  duties. 

Notwithstanding  the  second  paragraph,  the  European  Central  Bank  shall,  in  accordance  with  the 
general  principles  common  to  the  laws  of  the  Member  States,  make  good  any  damage  caused by  it  or 
by  its  servants  in  the  performance  of  their  duties. 

The  personal  liability  of  its  servants  towards  the  Union  shall  be  governed  by  the  provisions  laid 
down  in  their  Staff  Regulations  or  in  the  Conditions  of  Employment  applicable  to  them. 

Article  341 

(ex  Article  289  TEC) 

The  seat  of  the  institutions  of  the  Union  shall  be  determined  by  common  accord  of  the  governments 
of  the  Member  States. 

Article  342 

(ex  Article  290  TEC) 

The  rules  governing  the  languages  of  the  institutions  of  the  Union  shall,  without  prejudice  to  the 
provisions  contained  in  the  Statute  of  the  Court  of  Justice  of  the  European  Union,  be  determined  by 
the  Council,  acting  unanimously  by  means  of  regulations.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/194 
194194

EN 

Official Journal of the European Union 

7.6.2016

Article  343 

(ex  Article  291  TEC) 

The  Union  shall  enjoy  in  the  territories  of  the  Member  States  such  privileges  and  immunities  as  are 
necessary  for  the  performance  of  its  tasks,  under  the  conditions  laid  down  in  the  Protocol 
of  8  April  1965  on  the  privileges  and  immunities  of  the  European  Union.  The  same  shall  apply 
to  the  European  Central  Bank  and  the  European  Investment  Bank. 

Article  344 

(ex  Article  292  TEC) 

Member  States  undertake  not  to  submit  a  dispute  concerning  the  interpretation  or  application  of  the 
Treaties  to  any  method  of  settlement  other  than  those  provided  for  therein. 

Article  345 

(ex  Article  295  TEC) 

The  Treaties  shall  in  no  way  prejudice  the  rules  in  Member  States  governing  the  system  of 
property  ownership. 

Article  346 

(ex  Article  296  TEC) 

1. 

The  provisions  of  the  Treaties  shall  not  preclude  the  application  of  the  following  rules: 

(a)  no  Member  State  shall  be  obliged  to  supply  information  the  disclosure  of  which  it  considers 

contrary  to  the  essential  interests  of  its  security; 

(b)  any  Member  State  may  take  such  measures  as  it  considers  necessary  for  the  protection  of  the 
essential  interests  of  its  security  which  are  connected  with  the  production  of  or  trade  in  arms, 
munitions  and  war  material;  such  measures  shall  not  adversely  affect  the  conditions  of 
competition  in  the  internal  market  regarding  products  which  are  not  intended  for  specifically 
military  purposes. 

2. 
The  Council  may,  acting  unanimously  on  a  proposal  from  the  Commission,  make  changes  to 
the  list,  which  it  drew  up  on  15  April  1958,  of  the  products  to  which  the  provisions  of 
paragraph  1(b)  apply. 

Article  347 

(ex  Article  297  TEC) 

Member  States  shall  consult  each  other  with  a  view  to  taking  together  the  steps  needed  to  prevent 
the  functioning  of  the  internal  market  being  affected  by  measures  which  a  Member  State  may  be 
called  upon  to  take  in  the  event  of  serious  internal  disturbances  affecting  the  maintenance  of  law  and 
order,  in  the  event  of  war,  serious  international  tension  constituting  a  threat  of  war,  or  in  order  to 
carry  out  obligations  it  has  accepted  for  the  purpose  of  maintaining  peace  and  international  security.

Consolidated TreatiesConsolidated Treaties 
C  202/194 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/195
195195

The  Union  shall  enjoy  in  the  territories  of  the  Member  States  such  privileges  and  immunities  as  are 

necessary  for  the  performance  of  its  tasks,  under  the  conditions  laid  down  in  the  Protocol 

of  8  April  1965  on  the  privileges  and  immunities  of  the  European  Union.  The  same  shall  apply 

to  the  European  Central  Bank  and  the  European  Investment  Bank. 

If  measures  taken  in  the  circumstances  referred  to  in  Articles  346  and  347  have  the  effect  of 
distorting  the  conditions  of  competition  in  the  internal  market,  the  Commission  shall,  together 
with  the  State  concerned,  examine  how  these  measures  can  be  adjusted  to  the  rules  laid  down  in 
the  Treaties. 

Article  348 

(ex  Article  298  TEC) 

Member  States  undertake  not  to  submit  a  dispute  concerning  the  interpretation  or  application  of  the 

Treaties  to  any  method  of  settlement  other  than  those  provided  for  therein. 

By  way  of  derogation  from  the  procedure  laid  down  in  Articles  258  and  259,  the  Commission  or 
any  Member  State  may  bring  the  matter  directly  before  the  Court  of  Justice  if  it  considers  that 
another  Member  State  is  making  improper  use  of  the  powers  provided  for  in  Articles  346  and  347. 
The  Court  of  Justice  shall  give  its  ruling  in  camera. 

The  Treaties  shall  in  no  way  prejudice  the  rules  in  Member  States  governing  the  system  of 

property  ownership. 

1. 

The  provisions  of  the  Treaties  shall  not  preclude  the  application  of  the  following  rules: 

(a)  no  Member  State  shall  be  obliged  to  supply  information  the  disclosure  of  which  it  considers 

contrary  to  the  essential  interests  of  its  security; 

Article  349 

(ex  Article  299(2),  second,  third  and  fourth  subparagraphs,  TEC) 

Taking  account  of  the  structural  social  and  economic  situation  of  Guadeloupe,  French  Guiana, 
Martinique,  Mayotte,  Réunion,  Saint-Martin,  the  Azores,  Madeira  and  the  Canary  Islands,  which  is 
compounded  by  their  remoteness,  insularity,  small  size,  difficult  topography  and  climate,  economic 
dependence  on  a  few  products,  the  permanence  and  combination  of  which  severely  restrain  their 
development,  the  Council,  on  a  proposal  from  the  Commission  and  after  consulting  the  European 
Parliament,  shall  adopt  specific  measures  aimed,  in  particular,  at  laying  down  the  conditions  of 
application  of  the  Treaties  to  those  regions,  including  common  policies.  Where  the  specific 
measures  in  question  are  adopted  by  the  Council  in  accordance  with  a  special  legislative  procedure, 
it  shall  also  act  on  a  proposal  from  the  Commission  and  after  consulting  the  European  Parliament. 

(b)  any  Member  State  may  take  such  measures  as  it  considers  necessary  for  the  protection  of  the 

essential  interests  of  its  security  which  are  connected  with  the  production  of  or  trade  in  arms, 

munitions  and  war  material;  such  measures  shall  not  adversely  affect  the  conditions  of 

competition  in  the  internal  market  regarding  products  which  are  not  intended  for  specifically 

military  purposes. 

The  measures  referred  to  in  the  first  paragraph  concern  in  particular  areas  such  as  customs  and  trade 
policies,  fiscal  policy,  free  zones,  agriculture  and  fisheries  policies,  conditions  for  supply  of  raw 
materials  and  essential  consumer  goods,  State  aids  and  conditions  of  access  to  structural  funds 
and  to  horizontal  Union  programmes. 

2. 

The  Council  may,  acting  unanimously  on  a  proposal  from  the  Commission,  make  changes  to 

the  list,  which  it  drew  up  on  15  April  1958,  of  the  products  to  which  the  provisions  of 

paragraph  1(b)  apply. 

The  Council  shall  adopt  the  measures  referred  to  in  the  first  paragraph  taking  into  account  the 
special  characteristics  and  constraints  of  the  outermost  regions  without  undermining  the  integrity 
and  the  coherence  of  the  Union  legal  order,  including  the  internal  market  and  common  policies. 

Member  States  shall  consult  each  other  with  a  view  to  taking  together  the  steps  needed  to  prevent 

the  functioning  of  the  internal  market  being  affected  by  measures  which  a  Member  State  may  be 

called  upon  to  take  in  the  event  of  serious  internal  disturbances  affecting  the  maintenance  of  law  and 

order,  in  the  event  of  war,  serious  international  tension  constituting  a  threat  of  war,  or  in  order  to 

carry  out  obligations  it  has  accepted  for  the  purpose  of  maintaining  peace  and  international  security.

Article  350 

(ex  Article  306  TEC) 

The  provisions  of  the  Treaties  shall  not  preclude  the  existence  or  completion  of  regional  unions 
between  Belgium  and  Luxembourg,  or  between  Belgium,  Luxembourg  and  the  Netherlands,  to  the 
extent  that  the  objectives  of  these  regional  unions  are  not  attained  by  application  of  the  Treaties.

Article  343 

(ex  Article  291  TEC) 

Article  344 

(ex  Article  292  TEC) 

Article  345 

(ex  Article  295  TEC) 

Article  346 

(ex  Article  296  TEC) 

Article  347 

(ex  Article  297  TEC) 

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/196 
196196

EN 

Official Journal of the European Union 

7.6.2016

Article  351 

(ex  Article  307  TEC) 

The  rights  and  obligations  arising  from  agreements  concluded  before  1 
January  1958  or,  for 
acceding  States,  before  the  date  of  their  accession,  between  one  or  more  Member  States  on  the 
one  hand,  and  one  or  more  third  countries  on  the  other,  shall  not  be  affected  by  the  provisions  of 
the  Treaties. 

To  the  extent  that  such  agreements  are  not  compatible  with  the  Treaties,  the  Member  State  or  States 
concerned  shall  take  all  appropriate  steps  to  eliminate  the  incompatibilities  established.  Member 
States  shall,  where  necessary,  assist  each  other  to  this  end  and  shall,  where  appropriate,  adopt  a 
common  attitude. 

In  applying  the  agreements  referred  to  in  the  first  paragraph,  Member  States  shall  take  into  account 
the  fact  that  the  advantages  accorded  under  the  Treaties  by  each  Member  State  form  an  integral  part 
of  the  establishment  of  the  Union  and  are  thereby  inseparably  linked  with  the  creation  of  common 
institutions,  the  conferring  of  powers  upon  them  and  the  granting  of  the  same  advantages  by  all  the 
other  Member  States. 

Article  352 

(ex  Article  308  TEC) 

If  action  by  the  Union  should  prove  necessary,  within  the  framework  of  the  policies  defined  in 
1. 
the  Treaties,  to  attain  one  of  the  objectives  set  out  in  the  Treaties, and  the  Treaties  have  not  provided 
the  necessary  powers,  the  Council,  acting  unanimously  on  a  proposal  from  the  Commission  and 
after  obtaining  the  consent  of  the  European  Parliament,  shall  adopt  the  appropriate  measures.  Where 
the  measures  in  question  are  adopted  by  the  Council  in  accordance  with  a  special  legislative 
procedure,  it  shall  also  act  unanimously  on  a  proposal  from  the  Commission  and  after  obtaining 
the  consent  of  the  European  Parliament. 

2. 
Using  the  procedure  for  monitoring  the  subsidiarity  principle  referred  to  in  Article  5(3)  of  the 
Treaty  on  European  Union,  the  Commission  shall  draw  national  Parliaments'  attention  to  proposals 
based  on  this  Article. 

3.  Measures  based  on  this  Article  shall  not  entail  harmonisation  of  Member  States'  laws  or 
regulations  in  cases  where  the  Treaties  exclude  such  harmonisation. 

4. 
This  Article  cannot  serve  as  a  basis  for  attaining  objectives  pertaining  to  the  common  foreign 
and  security  policy  and  any  acts  adopted  pursuant  to  this  Article  shall  respect  the  limits  set  out  in 
Article  40,  second  paragraph,  of  the  Treaty  on  European  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/196 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/197
197197

Article  351 

(ex  Article  307  TEC) 

Article  48(7)  of  the  Treaty  on  European  Union  shall  not  apply  to  the  following  Articles: 

Article  353 

The  rights  and  obligations  arising  from  agreements  concluded  before  1 

January  1958  or,  for 

acceding  States,  before  the  date  of  their  accession,  between  one  or  more  Member  States  on  the 

one  hand,  and  one  or  more  third  countries  on  the  other,  shall  not  be  affected  by  the  provisions  of 

the  Treaties. 

—  Article  311,  third  and  fourth  paragraphs, 

—  Article  312(2),  first  subparagraph, 

To  the  extent  that  such  agreements  are  not  compatible  with  the  Treaties,  the  Member  State  or  States 

concerned  shall  take  all  appropriate  steps  to  eliminate  the  incompatibilities  established.  Member 

States  shall,  where  necessary,  assist  each  other  to  this  end  and  shall,  where  appropriate,  adopt  a 

common  attitude. 

In  applying  the  agreements  referred  to  in  the  first  paragraph,  Member  States  shall  take  into  account 

the  fact  that  the  advantages  accorded  under  the  Treaties  by  each  Member  State  form  an  integral  part 

of  the  establishment  of  the  Union  and  are  thereby  inseparably  linked  with  the  creation  of  common 

institutions,  the  conferring  of  powers  upon  them  and  the  granting  of  the  same  advantages  by  all  the 

other  Member  States. 

Article  352 

(ex  Article  308  TEC) 

1. 

If  action  by  the  Union  should  prove  necessary,  within  the  framework  of  the  policies  defined  in 

the  Treaties,  to  attain  one  of  the  objectives  set  out  in  the  Treaties, and  the  Treaties  have  not  provided 

the  necessary  powers,  the  Council,  acting  unanimously  on  a  proposal  from  the  Commission  and 

after  obtaining  the  consent  of  the  European  Parliament,  shall  adopt  the  appropriate  measures.  Where 

the  measures  in  question  are  adopted  by  the  Council  in  accordance  with  a  special  legislative 

procedure,  it  shall  also  act  unanimously  on  a  proposal  from  the  Commission  and  after  obtaining 

the  consent  of  the  European  Parliament. 

2. 

Using  the  procedure  for  monitoring  the  subsidiarity  principle  referred  to  in  Article  5(3)  of  the 

Treaty  on  European  Union,  the  Commission  shall  draw  national  Parliaments'  attention  to  proposals 

based  on  this  Article. 

3.  Measures  based  on  this  Article  shall  not  entail  harmonisation  of  Member  States'  laws  or 

regulations  in  cases  where  the  Treaties  exclude  such  harmonisation. 

—  Article  352,  and 

—  Article  354. 

Article  354 

(ex  Article  309  TEC) 

For  the  purposes  of  Article  7  of  the  Treaty  on  European  Union  on  the  suspension  of  certain  rights 
resulting  from  Union  membership,  the  member  of  the  European  Council  or  of  the  Council  repre­
senting  the  Member  State  in  question  shall  not  take  part  in  the  vote  and  the  Member  State  in 
question  shall  not  be  counted  in  the  calculation  of  the  one  third  or  four  fifths  of  Member  States 
referred  to  in  paragraphs  1  and  2  of  that  Article.  Abstentions  by  members  present  in  person  or 
represented  shall  not  prevent  the  adoption  of  decisions  referred  to  in  paragraph  2  of  that  Article. 

For  the  adoption  of  the  decisions  referred  to  in  paragraphs  3  and  4  of  Article  7  of  the  Treaty  on 
European  Union,  a  qualified  majority  shall  be  defined  in  accordance  with  Article  238(3)(b)  of 
this  Treaty. 

Where,  following  a  decision  to  suspend  voting  rights  adopted  pursuant  to  paragraph  3  of  Article  7 
of  the  Treaty  on  European  Union,  the  Council  acts  by  a  qualified majority  on  the  basis  of  a  provision 
of  the  Treaties,  that  qualified  majority  shall  be  defined  in  accordance  with  Article  238(3)(b)  of  this 
Treaty,  or,  where  the  Council  acts  on  a  proposal  from  the  Commission  or  from  the  High  Repre­
sentative  of  the  Union  for  Foreign  Affairs  and  Security  Policy,  in  accordance  with  Article  238(3)(a). 

For  the  purposes  of  Article  7  of  the  Treaty  on  European  Union,  the  European  Parliament  shall  act  by 
a  two-thirds  majority  of  the  votes  cast,  representing  the  majority  of  its  component  Members. 

Article  355 

(ex  Article  299(2),  first  subparagraph,  and  Article  299(3)  to  (6)  TEC) 

In  addition  to  the provisions of  Article  52  of  the  Treaty on  European Union  relating to  the  territorial 
scope  of  the  Treaties,  the  following  provisions  shall  apply: 

1. 
The  provisions  of  the  Treaties  shall  apply  to  Guadeloupe,  French  Guiana,  Martinique,  Mayotte, 
Réunion,  Saint-Martin,  the  Azores,  Madeira  and  the  Canary  Islands  in  accordance  with  Article  349. 

The  special  arrangements  for  association  set  out  in  Part  Four  shall  apply  to  the  overseas 

2. 
countries  and  territories  listed  in  Annex  II. 

4. 

This  Article  cannot  serve  as  a  basis  for  attaining  objectives  pertaining  to  the  common  foreign 

and  security  policy  and  any  acts  adopted  pursuant  to  this  Article  shall  respect  the  limits  set  out  in 

Article  40,  second  paragraph,  of  the  Treaty  on  European  Union.

The  Treaties  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  included  in  the  afore­
mentioned  list.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
C  202/198 
198198

EN 

Official Journal of the European Union 

7.6.2016

The  provisions  of  the  Treaties  shall  apply  to  the  European  territories  for  whose  external 

3. 
relations  a  Member  State  is  responsible. 

4. 
The  provisions  of  the  Treaties  shall  apply  to  the  Åland  Islands  in  accordance  with  the 
provisions  set  out  in  Protocol  2  to  the  Act  concerning  the  conditions  of  accession  of  the 
Republic  of  Austria,  the  Republic  of  Finland  and  the  Kingdom  of  Sweden. 

5.  Notwithstanding  Article  52  of  the  Treaty  on  European  Union  and  paragraphs  1  to  4  of 
this  Article: 

(a)  the  Treaties  shall  not  apply  to  the  Faeroe  Islands; 

(b)  the  Treaties  shall  not  apply  to  the  United  Kingdom  Sovereign  Base  Areas  of  Akrotiri  and 
Dhekelia  in  Cyprus  except  to  the  extent  necessary  to  ensure  the  implementation  of  the 
arrangements  set  out  in  the  Protocol  on  the  Sovereign  Base  Areas  of  the  United  Kingdom  of 
Great  Britain  and  Northern  Ireland  in  Cyprus  annexed  to  the  Act  concerning  the  conditions  of 
accession  of  the  Czech  Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of 
Latvia, the  Republic  of  Lithuania, the  Republic  of  Hungary, the  Republic  of  Malta,  the  Republic  of 
Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the  European  Union  and  in 
accordance  with  the  terms  of  that  Protocol; 

(c)  the  Treaties  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. 

6. 
The  European  Council  may,  on  the  initiative  of  the  Member  State  concerned,  adopt  a  decision 
amending  the  status,  with  regard  to  the  Union,  of  a  Danish,  French  or  Netherlands  country  or 
territory  referred  to  in  paragraphs  1  and  2.  The  European  Council  shall  act  unanimously  after 
consulting  the  Commission. 

This  Treaty  is  concluded  for  an  unlimited  period. 

Article  356 

(ex  Article  312  TEC) 

Article  357 

(ex  Article  313  TEC) 

This  Treaty  shall  be  ratified  by  the  High  Contracting  Parties  in  accordance  with  their  respective 
constitutional  requirements.  The  Instruments  of  ratification  shall  be  deposited  with  the  Government 
of  the  Italian  Republic.

Consolidated TreatiesConsolidated Treaties 
C  202/198 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/199
199199

3. 

The  provisions  of  the  Treaties  shall  apply  to  the  European  territories  for  whose  external 

relations  a  Member  State  is  responsible. 

4. 

The  provisions  of  the  Treaties  shall  apply  to  the  Åland  Islands  in  accordance  with  the 

provisions  set  out  in  Protocol  2  to  the  Act  concerning  the  conditions  of  accession  of  the 

Republic  of  Austria,  the  Republic  of  Finland  and  the  Kingdom  of  Sweden. 

This  Treaty  shall  enter  into  force  on  the  first  day  of  the  month  following  the  deposit  of  the 
Instrument  of  ratification  by  the  last  signatory  State  to  take  this  step.  If,  however,  such  deposit  is 
made  less  than  15  days  before  the  beginning  of  the  following  month,  this  Treaty  shall  not  enter  into 
force  until  the  first  day  of  the  second  month  after  the  date  of  such  deposit. 

The  provisions  of  Article  55  of  the  Treaty  on  European  Union  shall  apply  to  this  Treaty. 

IN  WITNESS  WHEREOF,  the  undersigned  Plenipotentiaries  have  signed  this  Treaty. 

Article  358 

5.  Notwithstanding  Article  52  of  the  Treaty  on  European  Union  and  paragraphs  1  to  4  of 

this  Article: 

Done  at  Rome  this  twenty-fifth  day  of  March  in  the  year  one  thousand  nine  hundred  and  fifty-seven. 

(a)  the  Treaties  shall  not  apply  to  the  Faeroe  Islands; 

(List  of  signatories  not  reproduced)

(b)  the  Treaties  shall  not  apply  to  the  United  Kingdom  Sovereign  Base  Areas  of  Akrotiri  and 

Dhekelia  in  Cyprus  except  to  the  extent  necessary  to  ensure  the  implementation  of  the 

arrangements  set  out  in  the  Protocol  on  the  Sovereign  Base  Areas  of  the  United  Kingdom  of 

Great  Britain  and  Northern  Ireland  in  Cyprus  annexed  to  the  Act  concerning  the  conditions  of 

accession  of  the  Czech  Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of 

Latvia, the  Republic  of  Lithuania, the  Republic  of  Hungary, the  Republic  of  Malta,  the  Republic  of 

Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the  European  Union  and  in 

accordance  with  the  terms  of  that  Protocol; 

(c)  the  Treaties  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. 

6. 

The  European  Council  may,  on  the  initiative  of  the  Member  State  concerned,  adopt  a  decision 

amending  the  status,  with  regard  to  the  Union,  of  a  Danish,  French  or  Netherlands  country  or 

territory  referred  to  in  paragraphs  1  and  2.  The  European  Council  shall  act  unanimously  after 

consulting  the  Commission. 

This  Treaty  is  concluded  for  an  unlimited  period. 

Article  356 

(ex  Article  312  TEC) 

Article  357 

(ex  Article  313  TEC) 

This  Treaty  shall  be  ratified  by  the  High  Contracting  Parties  in  accordance  with  their  respective 

constitutional  requirements.  The  Instruments  of  ratification  shall  be  deposited  with  the  Government 

of  the  Italian  Republic.

Consolidated version of the treaty on european unionConsolidated version of the treaty on the functioning of the european union 
 
7.6.2016 

EN 

Official Journal of the European Union 

C  202/201

PROTOCOLS

 
7.6.2016 

EN 

Official Journal of the European Union 

C  202/203
203203

PROTOCOL  (No  1) 

ON  THE  ROLE  OF  NATIONAL  PARLIAMENTS  IN  THE  EUROPEAN 
UNION 

THE  HIGH  CONTRACTING  PARTIES, 

RECALLING that  the  way  in  which  national  Parliaments  scrutinise  their  governments  in  relation  to  the 
activities  of  the  Union  is  a  matter  for  the  particular  constitutional  organisation  and  practice  of  each 
Member  State, 

DESIRING  to  encourage  greater  involvement  of  national  Parliaments  in  the  activities  of  the  European 
Union  and  to  enhance  their  ability  to  express  their  views  on  draft  legislative  acts  of  the  Union  as 
well  as  on  other  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,  to  the  Treaty  on  the  Functioning  of  the  European  Union  and  to  the  Treaty  establishing  the 
European  Atomic  Energy  Community: 

TITLE  I 

INFORMATION  FOR  NATIONAL  PARLIAMENTS 

Article  1 

Commission  consultation  documents  (green  and  white  papers  and  communications)  shall  be 
forwarded  directly  by  the  Commission  to  national  Parliaments  upon  publication.  The  Commission 
shall  also  forward  the  annual  legislative  programme  as  well  as  any  other  instrument  of  legislative 
planning  or  policy  to  national  Parliaments,  at  the  same  time  as  to  the  European  Parliament  and 
the  Council. 

Draft  legislative  acts  sent  to  the  European  Parliament  and  to  the  Council  shall  be  forwarded  to 
national  Parliaments. 

Article  2 

For  the  purposes  of  this  Protocol, "draft  legislative  acts"  shall  mean  proposals  from  the  Commission, 
initiatives  from  a  group  of  Member  States,  initiatives  from  the  European  Parliament,  requests  from 
the  Court  of  Justice,  recommendations  from  the  European  Central  Bank  and  requests  from  the 
European  Investment  Bank,  for  the  adoption  of  a  legislative  act. 

Draft  legislative  acts  originating  from  the  Commission  shall  be  forwarded  to  national  Parliaments 
directly  by  the  Commission,  at  the  same  time  as  to  the  European  Parliament  and  the  Council. 

Draft  legislative  acts  originating  from  the  European  Parliament  shall  be  forwarded  to  national 
Parliaments  directly  by  the  European  Parliament.

Consolidated version of the treaty on european unionProtocols 
C  202/204 
204204

EN 

Official Journal of the European Union 

7.6.2016

Draft  legislative  acts  originating  from  a  group  of  Member  States,  the  Court  of  Justice,  the  European 
Central  Bank  or  the  European  Investment  Bank  shall  be  forwarded  to  national  Parliaments  by 
the  Council. 

Article  3 

National  Parliaments  may  send  to  the  Presidents  of  the  European  Parliament,  the  Council  and 
the  Commission  a  reasoned  opinion  on  whether  a  draft  legislative  act  complies  with  the  principle 
of  subsidiarity,  in  accordance  with  the  procedure  laid  down  in  the  Protocol  on  the  application  of  the 
principles  of  subsidiarity  and  proportionality. 

If  the  draft legislative act  originates from  a group  of  Member  States,  the  President  of  the  Council shall 
forward  the  reasoned  opinion  or  opinions  to  the  governments  of  those  Member  States. 

If  the  draft  legislative  act  originates  from  the  Court  of  Justice,  the  European  Central  Bank  or  the 
European  Investment  Bank,  the  President  of  the  Council  shall  forward  the  reasoned  opinion  or 
opinions  to  the  institution  or  body  concerned. 

Article  4 

An  eight-week  period  shall  elapse  between  a  draft  legislative  act  being  made  available  to  national 
Parliaments  in  the  official  languages  of  the  Union  and  the  date  when  it  is  placed  on  a  provisional 
agenda  for  the  Council  for  its  adoption  or  for  adoption  of  a  position  under  a  legislative  procedure. 
Exceptions  shall  be  possible  in  cases  of  urgency,  the  reasons  for  which  shall  be  stated  in  the  act  or 
position  of  the  Council.  Save  in  urgent  cases  for  which  due  reasons  have  been  given,  no  agreement 
may  be  reached  on  a  draft  legislative act during  those  eight weeks. Save in  urgent  cases for  which due 
reasons have been  given, a ten-day period  shall elapse between  the placing  of  a draft  legislative act  on 
the  provisional  agenda  for  the  Council  and  the  adoption  of  a  position. 

The  agendas  for  and  the  outcome  of  meetings  of  the  Council,  including  the  minutes  of  meetings 
where  the  Council  is  deliberating  on  draft  legislative  acts,  shall  be  forwarded  directly  to  national 
Parliaments,  at  the  same  time  as  to  Member  States'  governments. 

Article  5 

When  the  European  Council  intends  to  make  use  of  the  first  or  second  subparagraphs  of 
Article  48(7)  of  the  Treaty  on  European  Union,  national  Parliaments  shall  be  informed  of  the 
initiative  of  the  European  Council  at  least  six  months  before  any  decision  is  adopted. 

Article  6 

The  Court  of  Auditors  shall  forward  its  annual  report  to  national  Parliaments,  for  information,  at  the 
same  time  as  to  the  European  Parliament  and  to  the  Council.

Article  7 

Consolidated TreatiesConsolidated Treaties 
C  202/204 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/205
205205

Draft  legislative  acts  originating  from  a  group  of  Member  States,  the  Court  of  Justice,  the  European 

Central  Bank  or  the  European  Investment  Bank  shall  be  forwarded  to  national  Parliaments  by 

the  Council. 

Where  the  national  Parliamentary  system  is  not  unicameral,  Articles  1  to  7  shall  apply  to  the 
component  chambers. 

Article  8 

TITLE  II 

INTERPARLIAMENTARY  COOPERATION 

Article  9 

The  European  Parliament  and  national  Parliaments  shall  together  determine  the  organisation  and 
promotion  of  effective  and  regular  interparliamentary  cooperation  within  the  Union. 

Article  10 

A  conference  of  Parliamentary  Committees  for  Union  Affairs  may  submit  any  contribution  it  deems 
appropriate  for  the  attention  of  the  European  Parliament,  the  Council  and  the  Commission.  That 
conference  shall  in  addition  promote  the  exchange  of  information  and  best  practice  between  national 
Parliaments  and  the  European  Parliament,  including  their  special  committees.  It  may  also  organise 
interparliamentary  conferences  on  specific  topics,  in  particular  to  debate  matters  of  common  foreign 
and  security  policy,  including  common  security  and  defence  policy.  Contributions  from  the 
conference  shall  not  bind  national  Parliaments  and  shall  not  prejudge  their  positions.

Article  3 

National  Parliaments  may  send  to  the  Presidents  of  the  European  Parliament,  the  Council  and 

the  Commission  a  reasoned  opinion  on  whether  a  draft  legislative  act  complies  with  the  principle 

of  subsidiarity,  in  accordance  with  the  procedure  laid  down  in  the  Protocol  on  the  application  of  the 

principles  of  subsidiarity  and  proportionality. 

If  the  draft legislative act  originates from  a group  of  Member  States,  the  President  of  the  Council shall 

forward  the  reasoned  opinion  or  opinions  to  the  governments  of  those  Member  States. 

If  the  draft  legislative  act  originates  from  the  Court  of  Justice,  the  European  Central  Bank  or  the 

European  Investment  Bank,  the  President  of  the  Council  shall  forward  the  reasoned  opinion  or 

opinions  to  the  institution  or  body  concerned. 

An  eight-week  period  shall  elapse  between  a  draft  legislative  act  being  made  available  to  national 

Parliaments  in  the  official  languages  of  the  Union  and  the  date  when  it  is  placed  on  a  provisional 

agenda  for  the  Council  for  its  adoption  or  for  adoption  of  a  position  under  a  legislative  procedure. 

Exceptions  shall  be  possible  in  cases  of  urgency,  the  reasons  for  which  shall  be  stated  in  the  act  or 

position  of  the  Council.  Save  in  urgent  cases  for  which  due  reasons  have  been  given,  no  agreement 

may  be  reached  on  a  draft  legislative act during  those  eight weeks. Save in  urgent  cases for  which due 

reasons have been  given, a ten-day period  shall elapse between  the placing  of  a draft  legislative act  on 

the  provisional  agenda  for  the  Council  and  the  adoption  of  a  position. 

The  agendas  for  and  the  outcome  of  meetings  of  the  Council,  including  the  minutes  of  meetings 

where  the  Council  is  deliberating  on  draft  legislative  acts,  shall  be  forwarded  directly  to  national 

Parliaments,  at  the  same  time  as  to  Member  States'  governments. 

When  the  European  Council  intends  to  make  use  of  the  first  or  second  subparagraphs  of 

Article  48(7)  of  the  Treaty  on  European  Union,  national  Parliaments  shall  be  informed  of  the 

initiative  of  the  European  Council  at  least  six  months  before  any  decision  is  adopted. 

The  Court  of  Auditors  shall  forward  its  annual  report  to  national  Parliaments,  for  information,  at  the 

same  time  as  to  the  European  Parliament  and  to  the  Council.

Article  4 

Article  5 

Article  6 

Article  7 

Consolidated version of the treaty on european unionProtocols 
 
C  202/206 
206206

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  2) 

ON  THE  APPLICATION  OF  THE  PRINCIPLES  OF  SUBSIDIARITY  AND 
PROPORTIONALITY 

THE  HIGH  CONTRACTING  PARTIES, 

WISHING  to  ensure  that  decisions  are  taken  as  closely  as  possible  to  the  citizens  of  the  Union, 

RESOLVED to  establish  the  conditions  for  the  application  of  the  principles  of  subsidiarity  and  propor­
tionality,  as  laid  down  in  Article  5  of  the  Treaty  on  European  Union,  and  to  establish  a  system  for 
monitoring  the  application  of  those  principles, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Each  institution  shall  ensure  constant  respect  for  the  principles  of  subsidiarity  and  proportionality,  as 
laid  down  in  Article  5  of  the  Treaty  on  European  Union. 

Article  1 

Article  2 

Before  proposing  legislative  acts,  the  Commission  shall  consult  widely.  Such  consultations  shall, 
where  appropriate,  take  into  account  the  regional  and  local  dimension  of  the  action  envisaged.  In 
cases  of  exceptional  urgency,  the  Commission  shall  not  conduct  such  consultations.  It  shall  give 
reasons  for  its  decision  in  its  proposal. 

Article  3 
For  the  purposes  of  this  Protocol, "draft  legislative  acts"  shall  mean  proposals  from  the  Commission, 
initiatives  from  a  group  of  Member  States,  initiatives  from  the  European  Parliament,  requests  from 
the  Court  of  Justice,  recommendations  from  the  European  Central  Bank  and  requests  from  the 
European  Investment  Bank,  for  the  adoption  of  a  legislative  act. 

The  Commission  shall  forward  its  draft  legislative acts  and  its  amended  drafts  to  national  Parliaments 
at  the  same  time  as  to  the  Union  legislator. 

Article  4 

The  European  Parliament  shall  forward 
national  Parliaments. 

its  draft 

legislative  acts  and 

its  amended  drafts  to 

The  Council  shall  forward  draft  legislative  acts  originating  from  a  group  of  Member  States,  the  Court 
of  Justice,  the  European  Central  Bank  or  the  European  Investment  Bank  and  amended  drafts  to 
national  Parliaments.

Consolidated TreatiesConsolidated Treaties 
C  202/206 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/207
207207

ON  THE  APPLICATION  OF  THE  PRINCIPLES  OF  SUBSIDIARITY  AND 

PROTOCOL  (No  2) 

PROPORTIONALITY 

THE  HIGH  CONTRACTING  PARTIES, 

WISHING  to  ensure  that  decisions  are  taken  as  closely  as  possible  to  the  citizens  of  the  Union, 

RESOLVED to  establish  the  conditions  for  the  application  of  the  principles  of  subsidiarity  and  propor­

tionality,  as  laid  down  in  Article  5  of  the  Treaty  on  European  Union,  and  to  establish  a  system  for 

monitoring  the  application  of  those  principles, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 

Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Each  institution  shall  ensure  constant  respect  for  the  principles  of  subsidiarity  and  proportionality,  as 

laid  down  in  Article  5  of  the  Treaty  on  European  Union. 

Before  proposing  legislative  acts,  the  Commission  shall  consult  widely.  Such  consultations  shall, 

where  appropriate,  take  into  account  the  regional  and  local  dimension  of  the  action  envisaged.  In 

cases  of  exceptional  urgency,  the  Commission  shall  not  conduct  such  consultations.  It  shall  give 

reasons  for  its  decision  in  its  proposal. 

Upon  adoption,  legislative  resolutions  of  the  European  Parliament  and  positions  of  the  Council  shall 
be  forwarded  by  them  to  national  Parliaments. 

Article  5 

Draft  legislative acts  shall  be  justified  with  regard  to  the  principles  of  subsidiarity  and  proportionality. 
Any  draft  legislative  act  should  contain  a  detailed  statement  making  it  possible  to  appraise 
compliance  with  the  principles  of  subsidiarity  and  proportionality.  This  statement  should  contain 
some  assessment  of  the  proposal's  financial  impact  and,  in  the  case  of  a  directive,  of  its  implications 
for  the  rules  to  be  put  in  place  by  Member  States,  including,  where necessary, the  regional  legislation. 
The  reasons  for  concluding  that  a  Union  objective  can  be  better  achieved  at  Union  level  shall  be 
substantiated  by  qualitative  and,  wherever  possible,  quantitative  indicators.  Draft  legislative  acts  shall 
take  account  of  the  need  for  any  burden,  whether  financial  or  administrative,  falling  upon  the  Union, 
national  governments,  regional  or  local  authorities, economic  operators and  citizens,  to  be  minimised 
and  commensurate  with  the  objective  to  be  achieved. 

Article  6 

Any  national  Parliament  or  any  chamber  of  a  national  Parliament  may,  within  eight  weeks  from  the 
date  of  transmission  of  a  draft  legislative  act,  in  the  official  languages  of  the  Union,  send  to  the 
Presidents  of  the  European  Parliament,  the  Council  and  the  Commission  a  reasoned  opinion  stating 
why  it  considers  that  the  draft  in  question  does  not  comply  with  the  principle  of  subsidiarity.  It  will 
be  for  each  national  Parliament  or  each  chamber  of  a  national  Parliament  to  consult,  where  appro­
priate,  regional  parliaments  with  legislative  powers. 

If  the  draft legislative act  originates from  a group  of  Member  States,  the  President  of  the  Council shall 
forward  the  opinion  to  the  governments  of  those  Member  States. 

For  the  purposes  of  this  Protocol, "draft  legislative  acts"  shall  mean  proposals  from  the  Commission, 

initiatives  from  a  group  of  Member  States,  initiatives  from  the  European  Parliament,  requests  from 

the  Court  of  Justice,  recommendations  from  the  European  Central  Bank  and  requests  from  the 

European  Investment  Bank,  for  the  adoption  of  a  legislative  act. 

If  the  draft  legislative  act  originates  from  the  Court  of  Justice,  the  European  Central  Bank  or  the 
European  Investment  Bank,  the  President  of  the  Council  shall  forward  the  opinion  to  the  institution 
or  body  concerned. 

The  Commission  shall  forward  its  draft  legislative acts  and  its  amended  drafts  to  national  Parliaments 

at  the  same  time  as  to  the  Union  legislator. 

The  European  Parliament  shall  forward 

its  draft 

legislative  acts  and 

its  amended  drafts  to 

national  Parliaments. 

Article  7 

1. 
The  European  Parliament,  the  Council  and  the  Commission,  and,  where  appropriate,  the  group 
of  Member  States,  the  Court  of  Justice,  the  European  Central  Bank  or  the  European  Investment  Bank, 
if  the  draft  legislative  act  originates  from  them,  shall  take  account  of  the  reasoned  opinions  issued  by 
national  Parliaments  or  by  a  chamber  of  a  national  Parliament. 

The  Council  shall  forward  draft  legislative  acts  originating  from  a  group  of  Member  States,  the  Court 

of  Justice,  the  European  Central  Bank  or  the  European  Investment  Bank  and  amended  drafts  to 

national  Parliaments.

Each  national  Parliament  shall  have  two  votes,  shared  out  on  the  basis  of  the  national  Parliamentary 
system.  In  the  case  of  a  bicameral  Parliamentary  system,  each  of  the  two  chambers  shall  have 
one  vote.

Article  1 

Article  2 

Article  3 

Article  4 

Consolidated version of the treaty on european unionProtocols 
 
C  202/208 
208208

EN 

Official Journal of the European Union 

7.6.2016

2.  Where  reasoned  opinions  on  a  draft  legislative  act's  non-compliance  with  the  principle  of 
subsidiarity  represent  at  least  one  third  of  all  the  votes  allocated  to  the  national  Parliaments  in 
accordance  with  the  second  subparagraph  of  paragraph  1,  the  draft  must  be  reviewed.  This 
threshold  shall  be  a  quarter  in  the  case  of  a  draft  legislative  act  submitted  on  the  basis  of  Article  76 
of  the  Treaty  on  the  Functioning  of  the  European  Union  on  the  area  of  freedom,  security  and  justice. 

After  such  review, the  Commission  or,  where  appropriate, the  group  of  Member  States,  the  European 
Parliament,  the  Court  of  Justice,  the  European  Central  Bank  or  the  European  Investment  Bank,  if  the 
draft  legislative  act  originates  from  them,  may  decide  to  maintain,  amend  or  withdraw  the  draft. 
Reasons  must  be  given  for  this  decision. 

3. 
Furthermore,  under  the  ordinary  legislative  procedure,  where  reasoned  opinions  on  the  non- 
compliance  of  a  proposal  for  a  legislative  act  with  the  principle  of  subsidiarity  represent  at  least  a 
simple  majority  of  the  votes  allocated  to  the  national  Parliaments  in  accordance  with  the  second 
subparagraph  of  paragraph  1,  the  proposal  must  be  reviewed.  After  such  review,  the  Commission 
may  decide  to  maintain,  amend  or  withdraw  the  proposal. 

If  it  chooses  to  maintain  the  proposal,  the  Commission  will  have,  in  a  reasoned  opinion,  to  justify 
why  it  considers  that  the  proposal  complies  with  the  principle  of  subsidiarity.  This  reasoned  opinion, 
as  well  as  the  reasoned  opinions  of  the  national  Parliaments,  will  have  to  be  submitted  to  the  Union 
legislator,  for  consideration  in  the  procedure: 

(a)  before  concluding  the  first  reading,  the  legislator  (the  European  Parliament  and  the  Council)  shall 
consider  whether  the  legislative  proposal  is  compatible  with  the  principle  of  subsidiarity,  taking 
particular  account  of  the  reasons  expressed  and  shared  by  the  majority  of  national  Parliaments  as 
well  as  the  reasoned  opinion  of  the  Commission; 

(b)  if,  by  a  majority  of  55 %  of  the  members  of  the  Council  or  a  majority  of  the  votes  cast  in  the 
European  Parliament,  the  legislator  is  of  the  opinion  that  the  proposal  is  not  compatible  with  the 
principle  of  subsidiarity,  the  legislative  proposal  shall  not  be  given  further  consideration. 

Article  8 

The  Court  of  Justice  of  the  European  Union  shall  have  jurisdiction  in  actions  on  grounds  of 
infringement  of  the  principle  of  subsidiarity  by  a  legislative  act,  brought  in  accordance  with  the 
rules  laid  down  in  Article  263  of  the  Treaty  on  the  Functioning  of  the  European  Union  by 
Member  States,  or  notified  by  them  in  accordance  with  their  legal  order  on  behalf  of  their 
national  Parliament  or  a  chamber  thereof. 

In  accordance  with  the  rules  laid  down  in  the  said  Article,  the  Committee  of  the  Regions  may  also 
bring  such  actions  against  legislative  acts  for  the  adoption  of  which  the  Treaty  on  the  Functioning  of 
the  European  Union  provides  that  it  be  consulted.

Consolidated TreatiesConsolidated Treaties 
C  202/208 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/209
209209

2.  Where  reasoned  opinions  on  a  draft  legislative  act's  non-compliance  with  the  principle  of 

subsidiarity  represent  at  least  one  third  of  all  the  votes  allocated  to  the  national  Parliaments  in 

accordance  with  the  second  subparagraph  of  paragraph  1,  the  draft  must  be  reviewed.  This 

threshold  shall  be  a  quarter  in  the  case  of  a  draft  legislative  act  submitted  on  the  basis  of  Article  76 

of  the  Treaty  on  the  Functioning  of  the  European  Union  on  the  area  of  freedom,  security  and  justice. 

Article  9 

The  Commission  shall  submit  each  year  to  the  European  Council,  the  European  Parliament, 
the  Council  and  national  Parliaments  a  report  on  the  application  of  Article  5  of  the  Treaty  on 
European  Union.  This  annual  report  shall  also  be  forwarded  to  the  Economic  and  Social  Committee 
and  the  Committee  of  the  Regions.

After  such  review, the  Commission  or,  where  appropriate, the  group  of  Member  States,  the  European 

Parliament,  the  Court  of  Justice,  the  European  Central  Bank  or  the  European  Investment  Bank,  if  the 

draft  legislative  act  originates  from  them,  may  decide  to  maintain,  amend  or  withdraw  the  draft. 

Reasons  must  be  given  for  this  decision. 

3. 

Furthermore,  under  the  ordinary  legislative  procedure,  where  reasoned  opinions  on  the  non- 

compliance  of  a  proposal  for  a  legislative  act  with  the  principle  of  subsidiarity  represent  at  least  a 

simple  majority  of  the  votes  allocated  to  the  national  Parliaments  in  accordance  with  the  second 

subparagraph  of  paragraph  1,  the  proposal  must  be  reviewed.  After  such  review,  the  Commission 

may  decide  to  maintain,  amend  or  withdraw  the  proposal. 

If  it  chooses  to  maintain  the  proposal,  the  Commission  will  have,  in  a  reasoned  opinion,  to  justify 

why  it  considers  that  the  proposal  complies  with  the  principle  of  subsidiarity.  This  reasoned  opinion, 

as  well  as  the  reasoned  opinions  of  the  national  Parliaments,  will  have  to  be  submitted  to  the  Union 

legislator,  for  consideration  in  the  procedure: 

(a)  before  concluding  the  first  reading,  the  legislator  (the  European  Parliament  and  the  Council)  shall 

consider  whether  the  legislative  proposal  is  compatible  with  the  principle  of  subsidiarity,  taking 

particular  account  of  the  reasons  expressed  and  shared  by  the  majority  of  national  Parliaments  as 

well  as  the  reasoned  opinion  of  the  Commission; 

(b)  if,  by  a  majority  of  55 %  of  the  members  of  the  Council  or  a  majority  of  the  votes  cast  in  the 

European  Parliament,  the  legislator  is  of  the  opinion  that  the  proposal  is  not  compatible  with  the 

principle  of  subsidiarity,  the  legislative  proposal  shall  not  be  given  further  consideration. 

Article  8 

The  Court  of  Justice  of  the  European  Union  shall  have  jurisdiction  in  actions  on  grounds  of 

infringement  of  the  principle  of  subsidiarity  by  a  legislative  act,  brought  in  accordance  with  the 

rules  laid  down  in  Article  263  of  the  Treaty  on  the  Functioning  of  the  European  Union  by 

Member  States,  or  notified  by  them  in  accordance  with  their  legal  order  on  behalf  of  their 

national  Parliament  or  a  chamber  thereof. 

In  accordance  with  the  rules  laid  down  in  the  said  Article,  the  Committee  of  the  Regions  may  also 

bring  such  actions  against  legislative  acts  for  the  adoption  of  which  the  Treaty  on  the  Functioning  of 

the  European  Union  provides  that  it  be  consulted.

Consolidated version of the treaty on european unionProtocols 
 
C  202/210 
210210

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  3) 

ON  THE  STATUTE  OF  THE  COURT  OF  JUSTICE  OF  THE  EUROPEAN 
UNION 

THE  HIGH  CONTRACTING  PARTIES, 

DESIRING  to  lay  down  the  Statute  of  the  Court  of  Justice  of  the  European  Union  provided  for  in 
Article  281  of  the  Treaty  on  the  Functioning  of  the  European  Union, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union,  the  Treaty  on  the  Functioning  of  the  European  Union  and  the  Treaty  establishing  the 
European  Atomic  Energy  Community: 

The  Court  of  Justice  of  the  European  Union  shall  be  constituted  and  shall  function  in  accordance 
with  the  provisions  of  the  Treaties,  of  the  Treaty  establishing  the  European  Atomic  Energy 
Community  (the  EAEC  Treaty)  and  of  this  Statute. 

Article  1 

TITLE  I 

JUDGES  AND  ADVOCATES-GENERAL 

Article  2 

Before  taking  up  his  duties  each  Judge  shall,  before  the  Court  of  Justice  sitting  in  open  court,  take  an 
oath  to  perform  his  duties  impartially  and  conscientiously  and  to  preserve  the  secrecy  of  the  deliber­
ations  of  the  Court. 

The  Judges  shall  be  immune  from  legal  proceedings.  After  they  have  ceased  to  hold  office,  they  shall 
continue  to  enjoy  immunity  in  respect  of  acts  performed  by  them  in  their  official  capacity,  including 
words  spoken  or  written. 

Article  3 

The  Court  of  Justice,  sitting  as  a  full  Court,  may  waive  the  immunity.  If  the  decision  concerns  a 
member  of  the  General  Court  or  of  a  specialised  court,  the  Court  shall  decide  after  consulting  the 
court  concerned. 

Where  immunity  has  been  waived  and  criminal  proceedings  are  instituted  against  a  Judge, he  shall  be 
tried,  in  any  of  the  Member  States,  only  by  the  court  competent  to  judge  the  members  of  the  highest 
national  judiciary.

Consolidated TreatiesConsolidated Treaties 
C  202/210 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/211
211211

ON  THE  STATUTE  OF  THE  COURT  OF  JUSTICE  OF  THE  EUROPEAN 

PROTOCOL  (No  3) 

UNION 

Articles  11  to  14  and  Article  17  of  the  Protocol  on  the  privileges  and  immunities  of  the 
European  Union  shall  apply  to  the  Judges,  Advocates-General,  Registrar  and  Assistant  Rapporteurs 
of  the  Court  of  Justice  of  the  European  Union,  without  prejudice  to  the  provisions  relating  to 
immunity  from  legal  proceedings  of  Judges  which  are  set  out  in  the  preceding  paragraphs. 

THE  HIGH  CONTRACTING  PARTIES, 

DESIRING  to  lay  down  the  Statute  of  the  Court  of  Justice  of  the  European  Union  provided  for  in 

Article  281  of  the  Treaty  on  the  Functioning  of  the  European  Union, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 

Union,  the  Treaty  on  the  Functioning  of  the  European  Union  and  the  Treaty  establishing  the 

European  Atomic  Energy  Community: 

The  Court  of  Justice  of  the  European  Union  shall  be  constituted  and  shall  function  in  accordance 

with  the  provisions  of  the  Treaties,  of  the  Treaty  establishing  the  European  Atomic  Energy 

Community  (the  EAEC  Treaty)  and  of  this  Statute. 

JUDGES  AND  ADVOCATES-GENERAL 

Before  taking  up  his  duties  each  Judge  shall,  before  the  Court  of  Justice  sitting  in  open  court,  take  an 

oath  to  perform  his  duties  impartially  and  conscientiously  and  to  preserve  the  secrecy  of  the  deliber­

ations  of  the  Court. 

Article  1 

TITLE  I 

Article  2 

Article  3 

The  Judges  shall  be  immune  from  legal  proceedings.  After  they  have  ceased  to  hold  office,  they  shall 

continue  to  enjoy  immunity  in  respect  of  acts  performed  by  them  in  their  official  capacity,  including 

words  spoken  or  written. 

The  Court  of  Justice,  sitting  as  a  full  Court,  may  waive  the  immunity.  If  the  decision  concerns  a 

member  of  the  General  Court  or  of  a  specialised  court,  the  Court  shall  decide  after  consulting  the 

court  concerned. 

national  judiciary.

Where  immunity  has  been  waived  and  criminal  proceedings  are  instituted  against  a  Judge, he  shall  be 

tried,  in  any  of  the  Member  States,  only  by  the  court  competent  to  judge  the  members  of  the  highest 

The  Judges  may  not  hold  any  political  or  administrative  office. 

Article  4 

They  may  not  engage  in  any  occupation,  whether  gainful  or  not,  unless  exemption  is  exceptionally 
granted  by  the  Council,  acting  by  a  simple  majority. 

When  taking  up  their  duties,  they  shall  give  a  solemn  undertaking  that,  both  during  and  after  their 
term  of  office,  they  will  respect  the  obligations  arising  therefrom,  in  particular  the  duty  to  behave 
with  integrity  and  discretion  as  regards  the  acceptance,  after  they  have  ceased  to  hold  office,  of 
certain  appointments  or  benefits. 

Any  doubt  on  this  point  shall  be  settled  by  decision  of  the  Court  of  Justice. If  the  decision  concerns  a 
member  of  the  General  Court  or  of  a  specialised  court,  the  Court  shall  decide  after  consulting  the 
court  concerned. 

Apart  from  normal  replacement,  or  death,  the  duties  of  a  Judge  shall  end  when  he  resigns. 

Article  5 

Where  a  Judge  resigns,  his  letter  of  resignation  shall  be  addressed  to  the  President  of  the  Court  of 
Justice  for  transmission  to  the  President  of  the  Council.  Upon  this  notification  a  vacancy  shall  arise 
on  the  bench. 

Save  where  Article  6  applies,  a  Judge  shall  continue  to  hold  office  until  his  successor  takes  up 
his  duties. 

Article  6 

A  Judge  may  be  deprived  of  his  office  or  of  his  right  to  a  pension  or  other  benefits  in  its  stead  only 
if,  in  the  unanimous  opinion  of  the  Judges  and  Advocates-General  of  the  Court  of  Justice,  he  no 
longer  fulfils  the  requisite  conditions  or  meets  the  obligations  arising  from  his  office.  The  Judge 
concerned  shall  not  take  part  in  any  such  deliberations.  If  the  person  concerned  is  a  member  of  the 
General  Court  or  of  a  specialised  court,  the  Court  shall  decide  after  consulting  the  court  concerned. 

The  Registrar  of  the  Court  shall  communicate  the  decision  of  the  Court  to  the  President  of  the 
European  Parliament  and  to  the  President  of  the  Commission  and  shall  notify  it  to  the  President  of 
the  Council. 

In  the  case  of  a  decision  depriving  a  Judge  of  his  office,  a  vacancy  shall  arise  on  the  bench  upon  this 
latter  notification.

Consolidated version of the treaty on european unionProtocols 
 
C  202/212 
212212

EN 

Official Journal of the European Union 

7.6.2016

A  Judge  who  is  to  replace  a  member  of  the  Court  whose  term  of  office  has  not  expired  shall  be 
appointed  for  the  remainder  of  his  predecessor's  term. 

Article  7 

The  provisions  of  Articles  2  to  7  shall  apply  to  the  Advocates-General. 

Article  8 

TITLE  II 

ORGANISATION  OF  THE  COURT  OF  JUSTICE 

Article  9 

When,  every  three  years,  the  Judges  are  partially  replaced,  one  half  of  the  number  of  Judges  shall  be 
replaced.  If  the  number  of  Judges  is  an  uneven  number,  the  number  of  Judges  who  shall  be  replaced 
shall  alternately  be  the  number  which  is  the  next  above  one  half  of  the  number  of  Judges  and  the 
number  which  is  next  below  one  half. 

The  first  paragraph  shall  also  apply  when  the  Advocates  General  are  partially  replaced,  every  three 
years. 

Article  9a 

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

The  Vice-President  shall  assist  the  President  in  accordance  with  the  conditions  laid  down  in  the  Rules 
of  Procedure.  He  shall  take  the  President’s  place  when  the  latter  is  prevented  from  attending  or  when 
the  office  of  President  is  vacant. 

Article  10 

The  Registrar  shall  take  an  oath  before  the  Court  of  Justice  to  perform  his  duties  impartially  and 
conscientiously  and  to  preserve  the  secrecy  of  the  deliberations  of  the  Court  of  Justice. 

The  Court  of  Justice shall  arrange  for  replacement  of  the  Registrar  on  occasions  when  he  is  prevented 
from  attending  the  Court  of  Justice. 

Article  11 

Officials  and  other  servants  shall  be  attached  to  the  Court  of  Justice  to  enable  it  to  function.  They 
shall  be  responsible  to  the  Registrar  under  the  authority  of  the  President. 

Article  12 

Article  13 

At  the  request  of  the  Court  of  Justice,  the  European  Parliament  and  the  Council  may,  acting  in 
accordance  with  the  ordinary  legislative  procedure,  provide  for  the  appointment  of  Assistant 
Rapporteurs  and  lay  down  the  rules  governing  their  service.  The  Assistant  Rapporteurs  may  be 
required,  under  conditions  laid  down  in  the  Rules  of  Procedure,  to  participate  in  preparatory 
inquiries  in  cases  pending  before  the  Court  and  to  cooperate  with  the  Judge  who  acts  as  Rapporteur.

Consolidated TreatiesConsolidated Treaties 
C  202/212 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/213
213213

A  Judge  who  is  to  replace  a  member  of  the  Court  whose  term  of  office  has  not  expired  shall  be 

appointed  for  the  remainder  of  his  predecessor's  term. 

The  provisions  of  Articles  2  to  7  shall  apply  to  the  Advocates-General. 

The  Assistant  Rapporteurs  shall  be  chosen  from  persons  whose  independence  is  beyond  doubt  and 
who  possess  the  necessary  legal  qualifications;  they  shall  be  appointed  by  the  Council,  acting  by  a 
simple  majority.  They  shall  take  an  oath  before  the  Court  to  perform  their  duties  impartially  and 
conscientiously  and  to  preserve  the  secrecy  of  the  deliberations  of  the  Court. 

The  Judges, the  Advocates-General  and  the  Registrar  shall  be  required  to  reside  at  the  place  where  the 
Court  of  Justice  has  its  seat. 

Article  14 

ORGANISATION  OF  THE  COURT  OF  JUSTICE 

Article  15 

When,  every  three  years,  the  Judges  are  partially  replaced,  one  half  of  the  number  of  Judges  shall  be 

replaced.  If  the  number  of  Judges  is  an  uneven  number,  the  number  of  Judges  who  shall  be  replaced 

shall  alternately  be  the  number  which  is  the  next  above  one  half  of  the  number  of  Judges  and  the 

number  which  is  next  below  one  half. 

The  first  paragraph  shall  also  apply  when  the  Advocates  General  are  partially  replaced,  every  three 

years. 

The  Judges  shall  elect  the  President  and  the  Vice-President  of  the  Court  of  Justice  from  among  their 

number  for  a  term  of  three  years.  They  may  be  re-elected. 

The  Vice-President  shall  assist  the  President  in  accordance  with  the  conditions  laid  down  in  the  Rules 

of  Procedure.  He  shall  take  the  President’s  place  when  the  latter  is  prevented  from  attending  or  when 

the  office  of  President  is  vacant. 

The  Registrar  shall  take  an  oath  before  the  Court  of  Justice  to  perform  his  duties  impartially  and 

conscientiously  and  to  preserve  the  secrecy  of  the  deliberations  of  the  Court  of  Justice. 

The  Court  of  Justice shall  arrange  for  replacement  of  the  Registrar  on  occasions  when  he  is  prevented 

from  attending  the  Court  of  Justice. 

Officials  and  other  servants  shall  be  attached  to  the  Court  of  Justice  to  enable  it  to  function.  They 

shall  be  responsible  to  the  Registrar  under  the  authority  of  the  President. 

At  the  request  of  the  Court  of  Justice,  the  European  Parliament  and  the  Council  may,  acting  in 

accordance  with  the  ordinary  legislative  procedure,  provide  for  the  appointment  of  Assistant 

Rapporteurs  and  lay  down  the  rules  governing  their  service.  The  Assistant  Rapporteurs  may  be 

required,  under  conditions  laid  down  in  the  Rules  of  Procedure,  to  participate  in  preparatory 

inquiries  in  cases  pending  before  the  Court  and  to  cooperate  with  the  Judge  who  acts  as  Rapporteur.

The  Court  of  Justice  shall  remain  permanently  in  session.  The  duration  of  the  judicial  vacations  shall 
be  determined  by  the  Court  with  due  regard  to  the  needs  of  its  business. 

Article  16 

The  Court  of  Justice  shall  form  chambers  consisting  of  three  and  five  Judges.  The  Judges  shall  elect 
the  Presidents  of  the  chambers  from  among  their  number.  The  Presidents  of  the  chambers  of  five 
Judges  shall  be  elected  for  three  years.  They  may  be  re-elected  once. 

The  Grand  Chamber  shall  consist  of  15  Judges.  It  shall  be  presided  over  by  the  President  of  the 
Court.  The  Vice-  President  of  the  Court  and,  in  accordance  with  the  conditions  laid  down  in  the 
Rules  of  Procedure,  three  of  the  Presidents  of  the  chambers  of  five  Judges  and  other  Judges  shall  also 
form  part  of  the  Grand  Chamber. 

The  Court  shall  sit  in  a  Grand  Chamber  when  a  Member  State  or  an  institution  of  the  Union  that  is 
party  to  the  proceedings  so  requests. 

The  Court  shall  sit  as  a  full  Court  where  cases  are  brought  before  it  pursuant  to  Article  228(2), 
Article  245(2),  Article  247  or  Article  286(6)  of  the  Treaty  on  the  Functioning  of  the 
European  Union. 

Moreover, where it  considers  that  a  case before  it  is  of  exceptional  importance, the  Court  may  decide, 
after  hearing  the  Advocate-General,  to  refer  the  case  to  the  full  Court. 

Article  17 

Decisions  of  the  Court  of  Justice  shall  be  valid  only  when  an  uneven  number  of  its  members  is 
sitting  in  the  deliberations. 

Decisions  of  the  chambers  consisting  of  either  three  or  five  Judges  shall  be  valid  only  if  they  are 
taken  by  three  Judges. 

Decisions  of  the  Grand  Chamber  shall  be  valid  only  if  11  Judges  are  sitting. 

Decisions  of  the  full  Court  shall  be  valid  only  if  17  Judges  are  sitting. 

In  the  event  of  one  of  the  Judges  of  a  chamber  being  prevented  from  attending,  a  Judge  of  another 
chamber  may  be  called  upon  to  sit  in  accordance  with  conditions  laid  down  in  the  Rules 
of  Procedure.

Article  7 

Article  8 

TITLE  II 

Article  9 

Article  9a 

Article  10 

Article  11 

Article  12 

Article  13 

Consolidated version of the treaty on european unionProtocols 
 
C  202/214 
214214

EN 

Official Journal of the European Union 

7.6.2016

Article  18 

No  Judge  or  Advocate-General  may  take  part  in  the  disposal  of  any  case  in  which  he  has  previously 
taken  part  as  agent  or  adviser  or  has  acted  for  one  of  the  parties,  or  in  which  he  has  been  called 
upon  to  pronounce  as  a  member  of  a  court  or  tribunal,  of  a  commission  of  inquiry  or  in  any 
other  capacity. 

If,  for  some  special  reason,  any  Judge  or  Advocate-General  considers  that  he  should  not  take  part  in 
the  judgment  or  examination  of  a  particular  case,  he  shall  so  inform  the  President.  If,  for  some 
special  reason,  the  President  considers  that  any  Judge  or  Advocate-General  should  not  sit  or  make 
submissions  in  a  particular  case,  he  shall  notify  him  accordingly. 

Any  difficulty  arising  as  to  the  application  of  this  Article  shall  be  settled  by  decision  of  the  Court 
of  Justice. 

A  party  may  not  apply  for  a  change  in  the  composition  of  the  Court  or  of  one  of  its  chambers  on 
the  grounds  of  either  the  nationality  of  a  Judge  or  the  absence  from  the  Court  or  from  the  chamber 
of  a  Judge  of  the  nationality  of  that  party. 

TITLE  III 

PROCEDURE  BEFORE  THE  COURT  OF  JUSTICE 

Article  19 

The  Member  States  and  the  institutions  of  the  Union  shall  be  represented  before  the  Court  of  Justice 
by  an  agent  appointed  for  each  case;  the  agent  may  be  assisted  by  an  adviser  or  by  a  lawyer. 

The  States,  other  than  the  Member  States,  which  are  parties  to  the  Agreement  on  the  European 
Economic  Area  and  also  the  EFTA  Surveillance  Authority  referred  to  in  that  Agreement  shall  be 
represented  in  same  manner. 

Other  parties  must  be  represented  by  a  lawyer. 

Only  a  lawyer  authorised  to  practise  before  a  court  of  a  Member  State  or  of  another  State  which  is  a 
party  to  the  Agreement  on  the  European  Economic  Area  may  represent  or  assist  a  party  before 
the  Court. 

Such  agents,  advisers  and  lawyers  shall,  when  they  appear  before  the  Court,  enjoy  the  rights  and 
immunities  necessary  to  the  independent  exercise  of  their  duties,  under  conditions  laid  down  in  the 
Rules  of  Procedure. 

As  regards  such  advisers and  lawyers  who  appear before  it,  the  Court  shall  have  the  powers  normally 
accorded  to  courts  of  law,  under  conditions  laid  down  in  the  Rules  of  Procedure. 

University  teachers  being  nationals  of  a  Member  State  whose  law  accords  them  a  right  of  audience 
shall  have  the  same  rights  before  the  Court  as  are  accorded  by  this  Article  to  lawyers.

Consolidated TreatiesConsolidated Treaties 
C  202/214 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/215
215215

Article  18 

Article  20 

No  Judge  or  Advocate-General  may  take  part  in  the  disposal  of  any  case  in  which  he  has  previously 

taken  part  as  agent  or  adviser  or  has  acted  for  one  of  the  parties,  or  in  which  he  has  been  called 

upon  to  pronounce  as  a  member  of  a  court  or  tribunal,  of  a  commission  of  inquiry  or  in  any 

other  capacity. 

If,  for  some  special  reason,  any  Judge  or  Advocate-General  considers  that  he  should  not  take  part  in 

the  judgment  or  examination  of  a  particular  case,  he  shall  so  inform  the  President.  If,  for  some 

special  reason,  the  President  considers  that  any  Judge  or  Advocate-General  should  not  sit  or  make 

submissions  in  a  particular  case,  he  shall  notify  him  accordingly. 

Any  difficulty  arising  as  to  the  application  of  this  Article  shall  be  settled  by  decision  of  the  Court 

of  Justice. 

A  party  may  not  apply  for  a  change  in  the  composition  of  the  Court  or  of  one  of  its  chambers  on 

the  grounds  of  either  the  nationality  of  a  Judge  or  the  absence  from  the  Court  or  from  the  chamber 

of  a  Judge  of  the  nationality  of  that  party. 

PROCEDURE  BEFORE  THE  COURT  OF  JUSTICE 

TITLE  III 

Article  19 

The  Member  States  and  the  institutions  of  the  Union  shall  be  represented  before  the  Court  of  Justice 

by  an  agent  appointed  for  each  case;  the  agent  may  be  assisted  by  an  adviser  or  by  a  lawyer. 

The  States,  other  than  the  Member  States,  which  are  parties  to  the  Agreement  on  the  European 

Economic  Area  and  also  the  EFTA  Surveillance  Authority  referred  to  in  that  Agreement  shall  be 

represented  in  same  manner. 

Other  parties  must  be  represented  by  a  lawyer. 

Only  a  lawyer  authorised  to  practise  before  a  court  of  a  Member  State  or  of  another  State  which  is  a 

party  to  the  Agreement  on  the  European  Economic  Area  may  represent  or  assist  a  party  before 

the  Court. 

Rules  of  Procedure. 

Such  agents,  advisers  and  lawyers  shall,  when  they  appear  before  the  Court,  enjoy  the  rights  and 

immunities  necessary  to  the  independent  exercise  of  their  duties,  under  conditions  laid  down  in  the 

The  procedure  before  the  Court  of  Justice  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  Union  whose  decisions  are  in  dispute,  of  applications,  statements  of  case,  defences  and  obser­
vations,  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  hearing  by  the  Court  of  agents,  advisers  and  lawyers  and  of 
the  submissions  of  the  Advocate-General,  as  well  as  the  hearing,  if  any,  of  witnesses  and  experts. 

Where  it  considers  that  the  case  raises  no  new  point  of  law,  the  Court  may  decide,  after  hearing  the 
Advocate-General,  that  the  case  shall  be  determined  without  a  submission  from  the  Advocate- 
General. 

Article  21 

A  case  shall  be  brought  before  the  Court  of  Justice  by  a  written  application  addressed  to  the 
Registrar.  The  application  shall  contain  the  applicant's  name  and  permanent  address  and  the 
description  of  the  signatory,  the  name  of  the  party  or  names  of  the  parties  against  whom  the 
application  is  made,  the  subject-matter  of  the  dispute,  the  form  of  order  sought  and  a  brief 
statement  of  the  pleas  in  law  on  which  the  application  is  based. 

The  application  shall  be  accompanied,  where  appropriate,  by  the  measure  the  annulment  of  which  is 
sought  or,  in  the  circumstances  referred  to  in  Article  265  of  the  Treaty  on  the  Functioning  of  the 
European  Union,  by  documentary  evidence  of  the  date  on  which  an  institution  was,  in  accordance 
with  those  Articles,  requested  to  act.  If  the  documents  are  not  submitted  with  the  application,  the 
Registrar  shall  ask  the  party  concerned  to  produce  them  within  a  reasonable  period,  but  in  that  event 
the  rights  of  the  party  shall  not  lapse  even  if  such  documents  are  produced  after  the  time  limit  for 
bringing  proceedings. 

Article  22 

A  case  governed  by  Article  18  of  the  EAEC  Treaty shall  be  brought  before  the  Court  of  Justice by  an 
appeal  addressed  to  the  Registrar.  The  appeal  shall  contain  the  name  and  permanent  address  of  the 
applicant  and  the  description  of  the  signatory,  a  reference  to  the  decision  against  which  the  appeal  is 
brought,  the  names  of  the  respondents,  the  subject-matter  of  the  dispute,  the  submissions  and  a  brief 
statement  of  the  grounds  on  which  the  appeal  is  based. 

The  appeal  shall  be  accompanied  by  a  certified  copy  of  the  decision  of  the  Arbitration  Committee 
which  is  contested. 

As  regards  such  advisers and  lawyers  who  appear before  it,  the  Court  shall  have  the  powers  normally 

accorded  to  courts  of  law,  under  conditions  laid  down  in  the  Rules  of  Procedure. 

If  the  Court  rejects  the  appeal,  the  decision  of  the  Arbitration  Committee  shall  become  final. 

University  teachers  being  nationals  of  a  Member  State  whose  law  accords  them  a  right  of  audience 

shall  have  the  same  rights  before  the  Court  as  are  accorded  by  this  Article  to  lawyers.

If  the  Court  annuls  the  decision  of  the  Arbitration  Committee,  the  matter  may  be  re-opened,  where 
appropriate,  on  the  initiative  of  one  of  the  parties  in  the  case,  before  the  Arbitration  Committee.  The 
latter  shall  conform  to  any  decisions  on  points  of  law  given  by  the  Court.

Consolidated version of the treaty on european unionProtocols 
 
C  202/216 
216216

EN 

Official Journal of the European Union 

7.6.2016 

Article  23 

In  the  cases  governed  by  Article  267  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the 
decision  of  the  court  or  tribunal  of  a  Member  State  which  suspends  its  proceedings  and  refers  a  case 
to  the  Court  of  Justice  shall  be  notified  to  the  Court  by  the  court  or  tribunal  concerned.  The  decision 
shall  then  be  notified  by  the  Registrar  of  the  Court  to  the  parties,  to  the  Member  States  and  to 
the  Commission,  and  to  the  institution,  body,  office  or  agency  of  the  Union  which  adopted  the  act 
the  validity  or  interpretation  of  which  is  in  dispute. 

Within  two  months  of  this  notification,  the  parties,  the  Member  States,  the  Commission  and,  where 
appropriate,  the  institution,  body,  office  or  agency  which  adopted  the  act  the  validity  or  interpre­
tation  of  which  is  in  dispute,  shall  be  entitled  to  submit  statements  of  case  or  written  observations  to 
the  Court. 

In  the  cases  governed  by  Article  267  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the 
decision  of  the  national  court  or  tribunal  shall,  moreover, be  notified  by  the  Registrar  of  the  Court  to 
the  States,  other  than  the  Member  States,  which  are  parties  to  the  Agreement  on  the  European 
Economic  Area  and  also  to  the  EFTA  Surveillance  Authority  referred  to  in  that  Agreement  which 
may,  within  two  months  of  notification,  where  one  of  the  fields  of  application  of  that  Agreement  is 
concerned,  submit  statements  of  case  or  written  observations  to  the  Court. 

Where  an  agreement  relating  to  a  specific  subject  matter,  concluded  by  the  Council  and  one  or  more 
non-member  States,  provides  that  those  States  are  to  be  entitled  to  submit  statements  of  case  or 
written  observations  where  a  court  or  tribunal  of  a  Member  State  refers  to  the  Court  of  Justice  for  a 
preliminary  ruling  a  question  falling  within  the  scope  of  the  agreement,  the  decision  of  the  national 
court  or  tribunal  containing  that  question  shall  also  be  notified  to  the  non-member  States  concerned. 
Within  two  months  from  such notification,  those  States  may  lodge  at  the  Court  statements  of  case or 
written  observations. 

The  Rules  of  Procedure  may  provide  for  an  expedited  or  accelerated  procedure  and,  for  references  for 
a  preliminary  ruling  relating  to  the  area  of  freedom,  security  and  justice,  an  urgent  procedure. 

Article  23a (*) 

Those  procedures  may  provide,  in  respect  of  the  submission  of  statements  of  case  or  written 
observations,  for  a  shorter  period  than  that  provided  for  by  Article  23,  and,  in  derogation  from 
the  fourth  paragraph  of  Article  20,  for  the  case  to  be  determined  without  a  submission  from  the 
Advocate  General. 

In  addition,  the  urgent  procedure  may  provide  for  restriction  of  the  parties  and  other  interested 
persons  mentioned  in  Article  23,  authorised  to  submit  statements  of  case  or  written  observations 
and,  in  cases  of  extreme  urgency,  for  the  written  stage  of  the  procedure  to  be  omitted.

(*)  Article  inserted  by  Decision  2008/79/EC,  Euratom  (OJ  L  24,  29.1.2008,  p.  42).

Consolidated TreatiesConsolidated Treaties 
C  202/216 

EN 

Official Journal of the European Union 

7.6.2016 

7.6.2016 

EN 

Official Journal of the European Union 

C  202/217
217217

Article  23 

Article  24 

In  the  cases  governed  by  Article  267  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the 

decision  of  the  court  or  tribunal  of  a  Member  State  which  suspends  its  proceedings  and  refers  a  case 

to  the  Court  of  Justice  shall  be  notified  to  the  Court  by  the  court  or  tribunal  concerned.  The  decision 

shall  then  be  notified  by  the  Registrar  of  the  Court  to  the  parties,  to  the  Member  States  and  to 

the  Commission,  and  to  the  institution,  body,  office  or  agency  of  the  Union  which  adopted  the  act 

the  validity  or  interpretation  of  which  is  in  dispute. 

The  Court  of  Justice  may  require  the  parties  to  produce  all  documents  and  to  supply  all  information 
which  the  Court  considers  desirable.  Formal  note  shall  be  taken  of  any  refusal. 

The  Court  may  also  require  the  Member  States  and  institutions,  bodies,  offices  and  agencies  not 
being  parties  to  the  case  to  supply  all  information  which  the  Court  considers  necessary  for 
the  proceedings. 

Within  two  months  of  this  notification,  the  parties,  the  Member  States,  the  Commission  and,  where 

appropriate,  the  institution,  body,  office  or  agency  which  adopted  the  act  the  validity  or  interpre­

tation  of  which  is  in  dispute,  shall  be  entitled  to  submit  statements  of  case  or  written  observations  to 

the  Court. 

The  Court  of  Justice  may  at  any  time  entrust  any  individual,  body,  authority,  committee  or  other 
organisation  it  chooses  with  the  task  of  giving  an  expert  opinion. 

Article  25 

In  the  cases  governed  by  Article  267  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the 

decision  of  the  national  court  or  tribunal  shall,  moreover, be  notified  by  the  Registrar  of  the  Court  to 

the  States,  other  than  the  Member  States,  which  are  parties  to  the  Agreement  on  the  European 

Economic  Area  and  also  to  the  EFTA  Surveillance  Authority  referred  to  in  that  Agreement  which 

may,  within  two  months  of  notification,  where  one  of  the  fields  of  application  of  that  Agreement  is 

concerned,  submit  statements  of  case  or  written  observations  to  the  Court. 

Where  an  agreement  relating  to  a  specific  subject  matter,  concluded  by  the  Council  and  one  or  more 

non-member  States,  provides  that  those  States  are  to  be  entitled  to  submit  statements  of  case  or 

written  observations  where  a  court  or  tribunal  of  a  Member  State  refers  to  the  Court  of  Justice  for  a 

preliminary  ruling  a  question  falling  within  the  scope  of  the  agreement,  the  decision  of  the  national 

court  or  tribunal  containing  that  question  shall  also  be  notified  to  the  non-member  States  concerned. 

Within  two  months  from  such notification,  those  States  may  lodge  at  the  Court  statements  of  case or 

written  observations. 

Witnesses  may  be  heard  under  conditions  laid  down  in  the  Rules  of  Procedure. 

Article  26 

With  respect  to  defaulting  witnesses  the  Court  of  Justice  shall  have  the  powers  generally  granted  to 
courts  and  tribunals  and  may  impose  pecuniary  penalties  under  conditions  laid  down  in  the  Rules 
of  Procedure. 

Article  27 

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  28 

Article  23a (*) 

The  Court  of  Justice may  order  that  a  witness  or  expert  be  heard  by  the  judicial  authority of  his  place 
of  permanent  residence. 

Article  29 

The  Rules  of  Procedure  may  provide  for  an  expedited  or  accelerated  procedure  and,  for  references  for 

a  preliminary  ruling  relating  to  the  area  of  freedom,  security  and  justice,  an  urgent  procedure. 

Those  procedures  may  provide,  in  respect  of  the  submission  of  statements  of  case  or  written 

observations,  for  a  shorter  period  than  that  provided  for  by  Article  23,  and,  in  derogation  from 

the  fourth  paragraph  of  Article  20,  for  the  case  to  be  determined  without  a  submission  from  the 

Advocate  General. 

The  order  shall  be  sent  for  implementation  to  the  competent  judicial  authority  under  conditions  laid 
down  in  the  Rules  of  Procedure.  The  documents  drawn  up  in  compliance  with  the  letters  rogatory 
shall  be  returned  to  the  Court  under  the  same  conditions. 

The  Court  shall  defray  the  expenses,  without  prejudice  to  the  right  to  charge  them,  where  appro­
priate,  to  the  parties. 

In  addition,  the  urgent  procedure  may  provide  for  restriction  of  the  parties  and  other  interested 

persons  mentioned  in  Article  23,  authorised  to  submit  statements  of  case  or  written  observations 

and,  in  cases  of  extreme  urgency,  for  the  written  stage  of  the  procedure  to  be  omitted.

(*)  Article  inserted  by  Decision  2008/79/EC,  Euratom  (OJ  L  24,  29.1.2008,  p.  42).

Article  30 

A  Member  State  shall  treat  any  violation  of  an  oath  by  a  witness  or  expert  in  the  same  manner  as  if 
the  offence  had  been  committed  before  one  of  its  courts  with  jurisdiction  in  civil  proceedings.  At  the 
instance  of  the  Court  of  Justice,  the  Member  State  concerned  shall  prosecute  the  offender  before  its 
competent  court.

Consolidated version of the treaty on european unionProtocols 
 
C  202/218 
218218

EN 

Official Journal of the European Union 

7.6.2016

The  hearing  in  court  shall  be  public,  unless  the  Court  of  Justice,  of  its  own  motion  or  on  application 
by  the  parties,  decides  otherwise  for  serious  reasons. 

Article  31 

During  the  hearings  the  Court  of  Justice  may  examine  the  experts,  the  witnesses  and  the  parties 
themselves.  The  latter,  however,  may  address  the  Court  of  Justice  only  through  their  representatives. 

Article  32 

Minutes  shall  be  made  of  each  hearing  and  signed  by  the  President  and  the  Registrar. 

Article  33 

The  case  list  shall  be  established  by  the  President. 

Article  34 

The  deliberations  of  the  Court  of  Justice  shall  be  and  shall  remain  secret. 

Article  35 

Judgments  shall  state  the  reasons  on  which  they  are  based.  They  shall  contain  the  names  of  the 
Judges  who  took  part  in  the  deliberations. 

Article  36 

Judgments  shall  be  signed  by  the  President  and  the  Registrar.  They  shall  be  read  in  open  court. 

Article  37 

The  Court  of  Justice  shall  adjudicate  upon  costs. 

Article  38 

Article  39 

The  President  of  the  Court  of  Justice  may,  by  way  of  summary  procedure,  which  may,  in  so  far  as 
necessary,  differ  from  some  of  the  rules  contained  in  this  Statute  and  which  shall  be  laid  down  in  the 
Rules of Procedure, adjudicate upon applications to suspend execution, as provided for in Article  278 
of  the  Treaty  on  the  Functioning  of  the  European  Union  and  Article  157  of  the  EAEC  Treaty,  or  to 
prescribe  interim  measures  pursuant  to  Article  279  of  the  Treaty  on  the  Functioning  of  the 
European Union, or to  suspend  enforcement in  accordance with the fourth  paragraph of  Article  299 
of  the  Treaty  on  the  Functioning  of  the  European  Union  or  the  third  paragraph  of  Article  164  of 
the  EAEC  Treaty.

Consolidated TreatiesConsolidated Treaties 
Article  31 

Article  32 

Article  33 

Article  34 

Article  35 

Article  36 

Article  37 

Article  38 

Article  39 

C  202/218 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/219
219219

The  hearing  in  court  shall  be  public,  unless  the  Court  of  Justice,  of  its  own  motion  or  on  application 

by  the  parties,  decides  otherwise  for  serious  reasons. 

The  powers  referred  to  in  the  first  paragraph  may,  under  the  conditions  laid  down  in  the  Rules  of 
Procedure,  be  exercised  by  the  Vice-President  of  the  Court  of  Justice. 

Should  the  President  and  the  Vice-President  be  prevented  from  attending,  another  Judge  shall  take 
their  place  under  the  conditions  laid  down  in  the  Rules  of  Procedure. 

During  the  hearings  the  Court  of  Justice  may  examine  the  experts,  the  witnesses  and  the  parties 

themselves.  The  latter,  however,  may  address  the  Court  of  Justice  only  through  their  representatives. 

The  ruling  of  the  President  or  of  the  Judge  replacing  him  shall  be  provisional  and  shall  in  no  way 
prejudice  the  decision  of  the  Court  on  the  substance  of  the  case. 

Minutes  shall  be  made  of  each  hearing  and  signed  by  the  President  and  the  Registrar. 

Member  States  and  institutions  of  the  Union  may  intervene  in  cases  before  the  Court  of  Justice. 

Article  40 

The  case  list  shall  be  established  by  the  President. 

The  deliberations  of  the  Court  of  Justice  shall  be  and  shall  remain  secret. 

Judgments  shall  state  the  reasons  on  which  they  are  based.  They  shall  contain  the  names  of  the 

Judges  who  took  part  in  the  deliberations. 

Judgments  shall  be  signed  by  the  President  and  the  Registrar.  They  shall  be  read  in  open  court. 

The  Court  of  Justice  shall  adjudicate  upon  costs. 

The  President  of  the  Court  of  Justice  may,  by  way  of  summary  procedure,  which  may,  in  so  far  as 

necessary,  differ  from  some  of  the  rules  contained  in  this  Statute  and  which  shall  be  laid  down  in  the 

Rules of Procedure, adjudicate upon applications to suspend execution, as provided for in Article  278 

of  the  Treaty  on  the  Functioning  of  the  European  Union  and  Article  157  of  the  EAEC  Treaty,  or  to 

prescribe  interim  measures  pursuant  to  Article  279  of  the  Treaty  on  the  Functioning  of  the 

European Union, or to  suspend  enforcement in  accordance with the fourth  paragraph of  Article  299 

of  the  Treaty  on  the  Functioning  of  the  European  Union  or  the  third  paragraph  of  Article  164  of 

the  EAEC  Treaty.

The  same  right  shall  be  open  to  the  bodies,  offices  and  agencies  of  the  Union  and  to  any  other 
person  which  can  establish  an  interest  in  the  result  of  a  case  submitted  to  the  Court.  Natural  or  legal 
persons  shall  not  intervene  in  cases  between  Member  States,  between  institutions  of  the  Union  or 
between  Member  States  and  institutions  of  the  Union. 

Without  prejudice  to  the  second  paragraph,  the  States,  other  than  the  Member  States,  which  are 
parties  to  the  Agreement  on  the  European  Economic  Area,  and  also  the  EFTA  Surveillance  Authority 
referred  to  in  that  Agreement,  may  intervene  in  cases  before  the  Court  where  one  of  the  fields  of 
application  of  that  Agreement  is  concerned. 

An  application  to  intervene  shall  be  limited  to  supporting  the  form  of  order  sought  by  one  of 
the  parties. 

Article  41 

Where  the  defending  party,  after  having  been  duly  summoned,  fails  to  file  written  submissions  in 
defence,  judgment  shall  be  given  against  that  party  by  default.  An  objection  may  be  lodged  against 
the  judgment  within  one  month  of  it  being  notified.  The  objection  shall not  have the  effect  of  staying 
enforcement  of  the  judgment  by  default  unless  the  Court  of  Justice  decides  otherwise. 

Article  42 

Member  States,  institutions,  bodies,  offices  and  agencies  of  the  Union  and  any  other  natural  or  legal 
persons  may,  in  cases  and  under  conditions  to  be  determined  by  the  Rules  of  Procedure,  institute 
third-party  proceedings  to  contest  a  judgment  rendered  without  their  being  heard,  where  the 
judgment  is  prejudicial  to  their  rights. 

If  the  meaning  or  scope  of  a  judgment  is  in  doubt,  the  Court  of  Justice  shall  construe  it  on 
application  by  any  party  or  any  institution  of  the  Union  establishing  an  interest  therein.

Article  43 

Consolidated version of the treaty on european unionProtocols 
 
C  202/220 
220220

EN 

Official Journal of the European Union 

7.6.2016

Article  44 

An  application  for  revision  of  a  judgment  may  be  made  to  the  Court  of  Justice  only  on  discovery  of 
a  fact  which  is  of  such  a  nature  as  to  be  a  decisive  factor,  and  which,  when  the  judgment  was  given, 
was  unknown  to  the  Court  and  to  the  party  claiming  the  revision. 

The  revision  shall  be  opened  by  a  judgment  of  the  Court  expressly  recording  the  existence  of  a  new 
fact,  recognising  that  it  is  of  such  a  character  as  to  lay  the  case  open  to  revision  and  declaring  the 
application  admissible  on  this  ground. 

No  application  for  revision  may  be  made  after  the  lapse  of  10  years  from  the  date  of  the  judgment. 

Article  45 

Periods  of  grace  based  on  considerations  of  distance  shall  be  determined  by  the  Rules  of  Procedure. 

No  right  shall  be  prejudiced  in  consequence  of  the  expiry  of  a  time  limit  if  the  party  concerned 
proves  the  existence  of  unforeseeable  circumstances  or  of  force  majeure. 

Article  46 

Proceedings  against  the  Union  in  matters  arising  from  non-contractual  liability  shall  be  barred  after  a 
period  of  five  years  from  the  occurrence  of  the  event  giving  rise  thereto.  The  period  of  limitation 
shall  be  interrupted  if  proceedings  are  instituted  before  the  Court  of  Justice  or  if  prior  to  such 
proceedings  an  application  is  made  by  the  aggrieved  party  to  the  relevant  institution  of  the 
Union.  In  the  latter  event  the  proceedings  must  be  instituted  within  the  period  of  two  months 
provided  for  in  Article  263  of  the  Treaty  on  the  Functioning  of  the  European  Union;  the  provisions 
of  the  second  paragraph  of  Article  265  of  the  Treaty  on  the  Functioning  of  the  European  Union 
shall  apply  where  appropriate. 

This  Article  shall  also  apply  to  proceedings  against  the  European  Central  Bank  regarding  non- 
contractual  liability. 

TITLE  IV 

GENERAL  COURT 

Article  47 

The  first  paragraph  of  Article  9,  Article  9a,  Articles  14  and  15,  the  first,  second,  fourth  and  fifth 
paragraphs  of  Article  17  and  Article  18  shall  apply  to  the  General  Court  and  its  members. 

The  fourth  paragraph  of  Article  3  and  Articles  10,  11  and  14  shall  apply  to  the  Registrar  of  the 
General  Court  mutatis  mutandis. 

Article  48 

The  General  Court  shall  consist  of: 

(a)  40  Judges  as  from  25  December  2015; 

(b)  47  Judges  as  from  1  September  2016; 

(c)  two  Judges  per  Member  State  as  from  1  September  2019.

Consolidated TreatiesConsolidated Treaties 
C  202/220 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/221
221221

Article  44 

Article  49 

An  application  for  revision  of  a  judgment  may  be  made  to  the  Court  of  Justice  only  on  discovery  of 

a  fact  which  is  of  such  a  nature  as  to  be  a  decisive  factor,  and  which,  when  the  judgment  was  given, 

was  unknown  to  the  Court  and  to  the  party  claiming  the  revision. 

The  revision  shall  be  opened  by  a  judgment  of  the  Court  expressly  recording  the  existence  of  a  new 

fact,  recognising  that  it  is  of  such  a  character  as  to  lay  the  case  open  to  revision  and  declaring  the 

application  admissible  on  this  ground. 

No  application  for  revision  may  be  made  after  the  lapse  of  10  years  from  the  date  of  the  judgment. 

The  Members  of  the  General  Court  may  be  called  upon  to  perform  the  task  of  an  Advocate-General. 

It  shall  be  the  duty  of  the  Advocate-General,  acting  with  complete  impartiality  and  independence,  to 
make,  in  open  court,  reasoned  submissions  on  certain  cases  brought  before  the  General  Court  in 
order  to  assist  the  General  Court  in  the  performance  of  its  task. 

The  criteria  for  selecting  such  cases,  as  well  as  the  procedures  for  designating  the  Advocates-General, 
shall  be  laid  down  in  the  Rules  of  Procedure  of  the  General  Court. 

Article  45 

Article  46 

Periods  of  grace  based  on  considerations  of  distance  shall  be  determined  by  the  Rules  of  Procedure. 

No  right  shall  be  prejudiced  in  consequence  of  the  expiry  of  a  time  limit  if  the  party  concerned 

proves  the  existence  of  unforeseeable  circumstances  or  of  force  majeure. 

Proceedings  against  the  Union  in  matters  arising  from  non-contractual  liability  shall  be  barred  after  a 

period  of  five  years  from  the  occurrence  of  the  event  giving  rise  thereto.  The  period  of  limitation 

shall  be  interrupted  if  proceedings  are  instituted  before  the  Court  of  Justice  or  if  prior  to  such 

proceedings  an  application  is  made  by  the  aggrieved  party  to  the  relevant  institution  of  the 

Union.  In  the  latter  event  the  proceedings  must  be  instituted  within  the  period  of  two  months 

provided  for  in  Article  263  of  the  Treaty  on  the  Functioning  of  the  European  Union;  the  provisions 

of  the  second  paragraph  of  Article  265  of  the  Treaty  on  the  Functioning  of  the  European  Union 

shall  apply  where  appropriate. 

This  Article  shall  also  apply  to  proceedings  against  the  European  Central  Bank  regarding  non- 

contractual  liability. 

A  Member  called  upon  to  perform  the  task  of  Advocate-General  in  a  case  may  not  take  part  in  the 
judgment  of  the  case. 

The  General  Court  shall  sit  in  chambers  of  three  or  five  Judges.  The  Judges  shall  elect  the  Presidents 
of  the  chambers  from  among  their  number.  The  Presidents  of  the  chambers  of  five  Judges  shall  be 
elected  for  three  years.  They  may  be  re-elected  once. 

Article  50 

The  composition  of  the  chambers  and  the  assignment  of  cases  to  them  shall  be  governed  by  the 
Rules  of  Procedure.  In  certain  cases  governed  by  the  Rules  of  Procedure,  the  General  Court  may  sit  as 
a  full  court  or  be  constituted  by  a  single  Judge. 

The  Rules  of  Procedure  may  also  provide  that  the  General  Court  may  sit  in  a  Grand  Chamber  in 
cases  and  under  the  conditions  specified  therein. 

Article  51 

By  way  of  derogation  from  the  rule  laid  down  in  Article  256(1)  of  the  Treaty  on  the  Functioning  of 
the  European  Union,  jurisdiction  shall  be  reserved  to  the  Court  of  Justice  in  the  actions  referred  to  in 
Articles  263  and  265  of  the  Treaty  on  the  Functioning  of  the  European  Union  when  they  are 
brought  by  a  Member  State  against: 

The  first  paragraph  of  Article  9,  Article  9a,  Articles  14  and  15,  the  first,  second,  fourth  and  fifth 

paragraphs  of  Article  17  and  Article  18  shall  apply  to  the  General  Court  and  its  members. 

(a)  an  act  of  or  failure  to  act  by  the  European  Parliament  or  the  Council,  or  by  those  institutions 

acting  jointly,  except  for: 

The  fourth  paragraph  of  Article  3  and  Articles  10,  11  and  14  shall  apply  to  the  Registrar  of  the 

General  Court  mutatis  mutandis. 

The  General  Court  shall  consist  of: 

(a)  40  Judges  as  from  25  December  2015; 

(b)  47  Judges  as  from  1  September  2016; 

(c)  two  Judges  per  Member  State  as  from  1  September  2019.

—  decisions  taken  by  the  Council  under  the  third  subparagraph  of  Article  108(2)  of  the  Treaty 

on  the  Functioning  of  the  European  Union; 

—  acts  of  the  Council  adopted  pursuant  to  a  Council  regulation  concerning  measures  to  protect 
trade  within  the  meaning  of  Article  207  of  the  Treaty  on  the  Functioning  of  the  European 
Union; 

—  acts  of  the  Council  by  which  the  Council  exercises  implementing  powers  in  accordance  with 
the  second  paragraph  of  Article  291  of  the  Treaty  on  the  Functioning  of  the  European 
Union;

TITLE  IV 

GENERAL  COURT 

Article  47 

Article  48 

Consolidated version of the treaty on european unionProtocols 
 
C  202/222 
222222

EN 

Official Journal of the European Union 

7.6.2016

(b)  against  an  act  of  or  failure  to  act  by  the  Commission  under  the  first  paragraph of  Article  331  of 

the  Treaty  on  the  Functioning  of  the  European  Union. 

Jurisdiction  shall  also  be  reserved  to  the  Court  of  Justice  in  the  actions  referred  to  in  the  same 
Articles  when  they  are  brought  by  an  institution  of  the  Union  against  an  act  of  or  failure  to  act  by 
the  European  Parliament,  the  Council,  both  those  institutions  acting  jointly,  or  the  Commission,  or 
brought  by  an  institution  of  the  Union  against  an  act  of  or  failure  to  act  by  the  European 
Central  Bank. 

Article  52 

The  President  of  the  Court  of  Justice  and  the  President  of  the  General  Court  shall  determine,  by 
common  accord,  the  conditions  under  which  officials  and  other  servants  attached  to  the  Court  of 
Justice  shall  render  their  services  to  the  General  Court  to  enable  it  to  function.  Certain  officials  or 
other  servants  shall  be  responsible  to  the  Registrar  of  the  General  Court  under  the  authority  of  the 
President  of  the  General  Court. 

The  procedure  before  the  General  Court  shall  be  governed  by  Title  III. 

Article  53 

Such  further  and  more  detailed  provisions  as  may  be  necessary  shall  be  laid  down  in  its  Rules  of 
Procedure.  The  Rules  of  Procedure  may  derogate  from  the  fourth  paragraph  of  Article  40  and  from 
Article  41  in  order  to  take  account  of  the  specific  features  of  litigation  in  the  field  of  intel­
lectual  property. 

Notwithstanding  the  fourth  paragraph  of  Article  20,  the  Advocate-General  may  make  his  reasoned 
submissions  in  writing. 

Article  54 

Where  an  application  or  other  procedural  document  addressed  to  the  General  Court  is  lodged  by 
mistake  with  the  Registrar  of  the  Court  of  Justice,  it  shall  be  transmitted  immediately  by  that 
Registrar  to  the  Registrar  of  the  General  Court;  likewise,  where  an  application  or  other  procedural 
document  addressed  to  the  Court  of  Justice  is  lodged  by  mistake  with  the  Registrar  of  the 
General  Court,  it  shall  be  transmitted  immediately  by  that  Registrar  to  the  Registrar  of  the  Court 
of  Justice. 

Where  the  General  Court  finds  that  it  does  not  have  jurisdiction  to  hear  and  determine  an  action  in 
respect  of  which  the  Court  of  Justice  has  jurisdiction,  it  shall  refer  that  action  to  the  Court  of  Justice; 
likewise,  where  the  Court  of  Justice  finds  that  an  action  falls  within  the  jurisdiction  of  the  General 
Court,  it  shall  refer  that  action  to  the  General  Court,  whereupon  that  Court  may  not  decline  juris­
diction. 

Where  the  Court  of  Justice  and  the  General  Court  are  seised  of  cases  in  which  the  same  relief  is 
sought,  the  same  issue  of  interpretation  is  raised  or  the  validity  of  the  same  act  is  called  in  question, 
the  General  Court  may,  after  hearing  the  parties,  stay  the  proceedings  before  it  until  such  time  as  the 
Court  of  Justice  has  delivered  judgment  or,  where  the  action  is  one  brought  pursuant  to  Article  263 
of  the  Treaty  on  the  Functioning  of  the  European  Union,  may  decline  jurisdiction  so  as  to  allow  the 
Court  of  Justice  to  rule  on  such  actions.  In  the  same  circumstances,  the  Court  of  Justice  may  also 
decide  to  stay  the  proceedings  before  it;  in  that  event,  the  proceedings  before  the  General  Court  shall 
continue.

Consolidated TreatiesConsolidated Treaties 
C  202/222 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/223
223223

(b)  against  an  act  of  or  failure  to  act  by  the  Commission  under  the  first  paragraph of  Article  331  of 

the  Treaty  on  the  Functioning  of  the  European  Union. 

Where  a  Member  State  and  an  institution  of  the  Union  are  challenging  the  same  act,  the  General 
Court  shall  decline  jurisdiction  so  that  the  Court  of  Justice  may  rule  on  those  applications. 

Jurisdiction  shall  also  be  reserved  to  the  Court  of  Justice  in  the  actions  referred  to  in  the  same 

Articles  when  they  are  brought  by  an  institution  of  the  Union  against  an  act  of  or  failure  to  act  by 

the  European  Parliament,  the  Council,  both  those  institutions  acting  jointly,  or  the  Commission,  or 

brought  by  an  institution  of  the  Union  against  an  act  of  or  failure  to  act  by  the  European 

Central  Bank. 

Article  55 

Final  decisions  of  the  General  Court,  decisions  disposing  of  the  substantive  issues  in  part  only  or 
disposing  of  a  procedural  issue  concerning  a  plea  of  lack  of  competence  or  inadmissibility,  shall  be 
notified  by  the  Registrar  of  the  General  Court  to  all  parties  as  well  as  all  Member  States  and  the 
institutions  of  the  Union  even  if  they  did  not  intervene  in  the  case  before  the  General  Court. 

The  President  of  the  Court  of  Justice  and  the  President  of  the  General  Court  shall  determine,  by 

common  accord,  the  conditions  under  which  officials  and  other  servants  attached  to  the  Court  of 

Justice  shall  render  their  services  to  the  General  Court  to  enable  it  to  function.  Certain  officials  or 

other  servants  shall  be  responsible  to  the  Registrar  of  the  General  Court  under  the  authority  of  the 

President  of  the  General  Court. 

Article  56 

An  appeal  may  be  brought  before  the  Court  of  Justice,  within  two  months  of  the  notification  of  the 
decision  appealed  against,  against  final  decisions  of  the  General  Court  and  decisions  of  that  Court 
disposing  of  the  substantive  issues  in  part  only  or  disposing  of  a  procedural  issue  concerning  a  plea 
of  lack  of  competence  or  inadmissibility. 

Article  52 

Article  53 

The  procedure  before  the  General  Court  shall  be  governed  by  Title  III. 

Such  further  and  more  detailed  provisions  as  may  be  necessary  shall  be  laid  down  in  its  Rules  of 

Procedure.  The  Rules  of  Procedure  may  derogate  from  the  fourth  paragraph  of  Article  40  and  from 

Article  41  in  order  to  take  account  of  the  specific  features  of  litigation  in  the  field  of  intel­

lectual  property. 

submissions  in  writing. 

Notwithstanding  the  fourth  paragraph  of  Article  20,  the  Advocate-General  may  make  his  reasoned 

Such  an  appeal  may  be  brought  by  any  party  which  has  been  unsuccessful,  in  whole  or  in  part,  in  its 
submissions.  However,  interveners  other  than  the  Member  States  and  the  institutions  of  the  Union 
may  bring  such  an  appeal  only  where  the  decision  of  the  General  Court  directly  affects  them. 

With  the  exception  of  cases  relating  to  disputes  between  the  Union  and  its  servants,  an  appeal  may 
also  be  brought  by  Member  States  and  institutions  of  the  Union  which  did  not  intervene  in  the 
proceedings  before  the  General  Court.  Such  Member  States  and  institutions  shall  be  in  the  same 
position  as  Member  States  or  institutions  which  intervened  at  first  instance. 

Article  54 

Article  57 

Where  an  application  or  other  procedural  document  addressed  to  the  General  Court  is  lodged  by 

mistake  with  the  Registrar  of  the  Court  of  Justice,  it  shall  be  transmitted  immediately  by  that 

Registrar  to  the  Registrar  of  the  General  Court;  likewise,  where  an  application  or  other  procedural 

document  addressed  to  the  Court  of  Justice  is  lodged  by  mistake  with  the  Registrar  of  the 

General  Court,  it  shall  be  transmitted  immediately  by  that  Registrar  to  the  Registrar  of  the  Court 

Where  the  General  Court  finds  that  it  does  not  have  jurisdiction  to  hear  and  determine  an  action  in 

respect  of  which  the  Court  of  Justice  has  jurisdiction,  it  shall  refer  that  action  to  the  Court  of  Justice; 

likewise,  where  the  Court  of  Justice  finds  that  an  action  falls  within  the  jurisdiction  of  the  General 

Court,  it  shall  refer  that  action  to  the  General  Court,  whereupon  that  Court  may  not  decline  juris­

Where  the  Court  of  Justice  and  the  General  Court  are  seised  of  cases  in  which  the  same  relief  is 

sought,  the  same  issue  of  interpretation  is  raised  or  the  validity  of  the  same  act  is  called  in  question, 

the  General  Court  may,  after  hearing  the  parties,  stay  the  proceedings  before  it  until  such  time  as  the 

Court  of  Justice  has  delivered  judgment  or,  where  the  action  is  one  brought  pursuant  to  Article  263 

of  the  Treaty  on  the  Functioning  of  the  European  Union,  may  decline  jurisdiction  so  as  to  allow  the 

Court  of  Justice  to  rule  on  such  actions.  In  the  same  circumstances,  the  Court  of  Justice  may  also 

decide  to  stay  the  proceedings  before  it;  in  that  event,  the  proceedings  before  the  General  Court  shall 

of  Justice. 

diction. 

continue.

Any  person  whose  application  to  intervene  has  been  dismissed  by  the  General  Court  may  appeal  to 
the  Court  of  Justice  within  two  weeks  from  the  notification  of  the  decision  dismissing  the  appli­
cation. 

The  parties  to  the  proceedings  may  appeal  to  the  Court  of  Justice  against  any  decision  of  the  General 
Court  made  pursuant  to  Article  278  or  Article  279  or  the  fourth  paragraph  of  Article  299  of  the 
Treaty  on  the  Functioning  of  the  European  Union  or  Article  157  or  the  third  paragraph  of 
Article  164  of  the  EAEC  Treaty  within  two  months  from  their  notification. 

The  appeal  referred  to  in  the  first  two  paragraphs  of  this  Article  shall  be  heard  and  determined  under 
the  procedure  referred  to  in  Article  39. 

An  appeal  to  the  Court  of  Justice  shall  be  limited  to  points  of  law.  It  shall  lie  on  the  grounds  of  lack 
of  competence  of  the  General  Court,  a  breach  of  procedure  before  it  which  adversely  affects  the 
interests  of  the  appellant  as  well  as  the  infringement  of  Union  law  by  the  General  Court. 

Article  58 

No  appeal  shall  lie  regarding  only  the  amount  of  the  costs  or  the  party  ordered  to  pay  them.

Consolidated version of the treaty on european unionProtocols 
 
C  202/224 
224224

EN 

Official Journal of the European Union 

7.6.2016

Article  59 

Where  an  appeal  is  brought  against  a  decision  of  the  General  Court,  the  procedure  before  the  Court 
of  Justice  shall  consist  of  a  written  part  and  an  oral  part.  In  accordance  with  conditions  laid  down  in 
the  Rules  of  Procedure,  the  Court  of  Justice,  having  heard  the  Advocate-General  and  the  parties,  may 
dispense  with  the  oral  procedure. 

Without  prejudice  to  Articles  278  and  279  of  the  Treaty  on  the  Functioning  of  the  European  Union 
or  Article  157  of  the  EAEC  Treaty,  an  appeal  shall  not  have  suspensory  effect. 

Article  60 

By  way  of  derogation  from  Article  280  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
decisions  of  the  General  Court  declaring  a  regulation  to  be  void  shall  take  effect  only  as  from  the 
date  of  expiry  of  the  period  referred  to  in  the  first  paragraph  of  Article  56  of  this  Statute  or,  if  an 
appeal  shall  have  been  brought  within  that  period,  as  from  the  date  of  dismissal  of  the  appeal, 
without  prejudice,  however,  to  the  right  of  a  party  to  apply  to  the  Court  of  Justice,  pursuant  to 
Articles  278  and  279  of  the  Treaty  on  the  Functioning  of  the  European  Union  or  Article  157  of  the 
EAEC  Treaty,  for  the  suspension  of  the  effects  of  the  regulation  which  has  been  declared  void  or  for 
the  prescription  of  any  other  interim  measure. 

If  the  appeal  is  well  founded,  the  Court  of  Justice  shall  quash  the  decision  of  the  General  Court.  It 
may  itself  give  final  judgment  in  the  matter,  where  the  state  of  the  proceedings  so  permits,  or  refer 
the  case  back  to  the  General  Court  for  judgment. 

Article  61 

Where  a  case  is  referred  back  to  the  General  Court,  that  Court  shall  be  bound  by  the  decision  of  the 
Court  of  Justice  on  points  of  law. 

When  an  appeal  brought  by  a  Member  State  or  an  institution  of  the  Union,  which  did  not  intervene 
in  the  proceedings  before  the  General  Court,  is  well  founded,  the  Court  of  Justice  may,  if  it  considers 
this  necessary, state  which of  the  effects  of  the  decision  of  the  General Court  which has been  quashed 
shall  be  considered  as  definitive  in  respect  of  the  parties  to  the  litigation. 

Article  62 

In  the  cases  provided  for  in  Article  256(2)  and  (3)  of  the  Treaty  on  the  Functioning  of  the  European 
Union,  where  the  First  Advocate-General  considers  that  there  is  a  serious  risk  of  the  unity  or 
consistency  of  Union  law  being  affected,  he  may  propose  that  the  Court  of  Justice  review  the 
decision  of  the  General  Court. 

The  proposal  must  be  made  within  one  month  of  delivery  of  the  decision  by  the  General  Court. 
Within  one  month  of  receiving the  proposal  made  by  the  First  Advocate-General, the  Court  of  Justice 
shall  decide  whether  or  not  the  decision  should  be  reviewed. 

The  Court  of  Justice  shall  give  a  ruling  on  the  questions  which  are  subject  to  review  by  means  of  an 
urgent  procedure  on  the  basis  of  the  file  forwarded  to  it  by  the  General  Court.

Article  62a 

Consolidated TreatiesConsolidated Treaties 
C  202/224 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/225
225225

Article  59 

Article  60 

Where  an  appeal  is  brought  against  a  decision  of  the  General  Court,  the  procedure  before  the  Court 

of  Justice  shall  consist  of  a  written  part  and  an  oral  part.  In  accordance  with  conditions  laid  down  in 

the  Rules  of  Procedure,  the  Court  of  Justice,  having  heard  the  Advocate-General  and  the  parties,  may 

dispense  with  the  oral  procedure. 

Without  prejudice  to  Articles  278  and  279  of  the  Treaty  on  the  Functioning  of  the  European  Union 

or  Article  157  of  the  EAEC  Treaty,  an  appeal  shall  not  have  suspensory  effect. 

By  way  of  derogation  from  Article  280  of  the  Treaty  on  the  Functioning  of  the  European  Union, 

decisions  of  the  General  Court  declaring  a  regulation  to  be  void  shall  take  effect  only  as  from  the 

date  of  expiry  of  the  period  referred  to  in  the  first  paragraph  of  Article  56  of  this  Statute  or,  if  an 

appeal  shall  have  been  brought  within  that  period,  as  from  the  date  of  dismissal  of  the  appeal, 

without  prejudice,  however,  to  the  right  of  a  party  to  apply  to  the  Court  of  Justice,  pursuant  to 

Articles  278  and  279  of  the  Treaty  on  the  Functioning  of  the  European  Union  or  Article  157  of  the 

EAEC  Treaty,  for  the  suspension  of  the  effects  of  the  regulation  which  has  been  declared  void  or  for 

the  prescription  of  any  other  interim  measure. 

If  the  appeal  is  well  founded,  the  Court  of  Justice  shall  quash  the  decision  of  the  General  Court.  It 

may  itself  give  final  judgment  in  the  matter,  where  the  state  of  the  proceedings  so  permits,  or  refer 

the  case  back  to  the  General  Court  for  judgment. 

Article  61 

Where  a  case  is  referred  back  to  the  General  Court,  that  Court  shall  be  bound  by  the  decision  of  the 

Court  of  Justice  on  points  of  law. 

When  an  appeal  brought  by  a  Member  State  or  an  institution  of  the  Union,  which  did  not  intervene 

in  the  proceedings  before  the  General  Court,  is  well  founded,  the  Court  of  Justice  may,  if  it  considers 

this  necessary, state  which of  the  effects  of  the  decision  of  the  General Court  which has been  quashed 

shall  be  considered  as  definitive  in  respect  of  the  parties  to  the  litigation. 

In  the  cases  provided  for  in  Article  256(2)  and  (3)  of  the  Treaty  on  the  Functioning  of  the  European 

Union,  where  the  First  Advocate-General  considers  that  there  is  a  serious  risk  of  the  unity  or 

consistency  of  Union  law  being  affected,  he  may  propose  that  the  Court  of  Justice  review  the 

decision  of  the  General  Court. 

The  proposal  must  be  made  within  one  month  of  delivery  of  the  decision  by  the  General  Court. 

Within  one  month  of  receiving the  proposal  made  by  the  First  Advocate-General, the  Court  of  Justice 

shall  decide  whether  or  not  the  decision  should  be  reviewed. 

Article  62 

Article  62a 

Those  referred  to  in  Article  23  of  this  Statute  and,  in  the  cases  provided  for  in  Article  256(2)  of 
the  EC  Treaty,  the  parties  to  the  proceedings  before  the  General  Court  shall  be  entitled  to  lodge 
statements  or  written  observations  with  the  Court  of  Justice relating to  questions which are subject  to 
review  within  a  period  prescribed  for  that  purpose. 

The  Court  of  Justice  may  decide  to  open  the  oral  procedure  before  giving  a  ruling. 

Article  62b 

In  the  cases  provided  for  in  Article  256(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
without  prejudice  to  Articles  278  and  279  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
proposals  for  review  and  decisions  to  open  the  review  procedure  shall  not  have  suspensory  effect.  If 
the  Court  of  Justice  finds  that  the  decision  of  the  General  Court  affects  the  unity  or  consistency  of 
Union  law,  it  shall  refer  the  case  back  to  the  General  Court  which  shall  be  bound  by  the  points  of 
law  decided  by  the  Court  of  Justice; the  Court  of  Justice may  state  which of  the  effects  of  the  decision 
of  the  General  Court  are  to  be  considered  as  definitive  in  respect  of  the  parties  to  the  litigation.  If, 
however,  having  regard  to  the  result  of  the  review,  the  outcome  of  the  proceedings  flows  from  the 
findings  of  fact  on  which  the  decision  of  the  General  Court  was  based,  the  Court  of  Justice  shall  give 
final  judgment. 

In  the  cases  provided  for  in  Article  256(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
in  the  absence  of  proposals  for  review  or  decisions  to  open  the  review  procedure,  the  answer(s)  given 
by  the  General  Court  to  the  questions  submitted  to  it  shall  take  effect  upon  expiry  of  the  periods 
prescribed  for  that  purpose  in  the  second  paragraph  of  Article  62.  Should  a  review  procedure  be 
opened,  the  answer(s)  subject  to  review  shall  take  effect  following  that  procedure, unless  the  Court  of 
Justice  decides  otherwise.  If  the  Court  of  Justice  finds  that  the  decision  of  the  General  Court  affects 
the  unity  or  consistency  of  Union  law,  the  answer  given  by  the  Court  of  Justice  to  the  questions 
subject  to  review  shall  be  substituted  for  that  given  by  the  General  Court. 

TITLE  IVa 

SPECIALISED  COURTS 

Article  62c 

The  provisions  relating  to  the  jurisdiction,  composition,  organisation  and  procedure  of  the  specialised 
courts  established  under  Article  257  of  the  Treaty  on  the  Functioning  of  the  European  Union  are 
set  out  in  an  Annex  to  this  Statute. 

The  European  Parliament  and  the  Council,  acting  in  accordance  with  Article  257  of  the  Treaty  on 
the  Functioning  of  the  European  Union,  may  attach  temporary  Judges  to  the  specialised  courts  in 
order  to  cover  the  absence  of  Judges  who,  while  not  suffering  from  disablement  deemed  to  be  total, 
are  prevented  from  participating  in  the  disposal  of  cases  for  a  lengthy  period  of  time.  In  that  event, 
the  European  Parliament  and  the  Council  shall  lay  down  the  conditions  under  which  the  temporary 
Judges  shall  be  appointed,  their  rights  and  duties,  the  detailed  rules  governing  the  performance  of 
their  duties  and  the  circumstances  in  which  they  shall  cease  to  perform  those  duties. 

TITLE  V 

FINAL  PROVISIONS 

Article  63 

The  Court  of  Justice  shall  give  a  ruling  on  the  questions  which  are  subject  to  review  by  means  of  an 

urgent  procedure  on  the  basis  of  the  file  forwarded  to  it  by  the  General  Court.

The  Rules  of  Procedure  of  the  Court  of  Justice  and  of  the  General  Court  shall  contain  any  provisions 
necessary  for  applying  and,  where  required,  supplementing  this  Statute.

Consolidated version of the treaty on european unionProtocols 
 
C  202/226 
226226

EN 

Official Journal of the European Union 

7.6.2016

Article  64 

language  arrangements  applicable  at  the  Court  of 

Justice  of  the 
The  rules  governing  the 
European  Union  shall  be  laid  down  by  a  regulation  of  the  Council  acting  unanimously.  This 
regulation  shall  be  adopted  either  at  the  request  of  the  Court  of  Justice  and  after  consultation  of 
the  Commission  and  the  European  Parliament,  or  on  a  proposal  from  the  Commission  and  after 
consultation  of  the  Court  of  Justice  and  of  the  European  Parliament. 

Until  those  rules  have  been  adopted,  the  provisions  of  the  Rules  of  Procedure  of  the  Court  of  Justice 
and  of  the  Rules  of  Procedure  of  the  General  Court  governing  language  arrangements  shall  continue 
to  apply.  By  way  of  derogation  from  Articles  253  and  254  of  the  Treaty  on  the  Functioning  of  the 
European  Union,  those  provisions  may  only  be  amended  or  repealed  with  the  unanimous  consent  of 
the  Council. 

ANNEX  I 

THE  EUROPEAN  UNION  CIVIL  SERVICE  TRIBUNAL 

Article  1 

The  European  Union  Civil  Service  Tribunal  (hereafter  "the  Civil  Service  Tribunal")  shall  exercise  at  first  instance  juris­
diction  in  disputes  between  the  Union  and  its  servants  referred  to  in  Article  270  of  the  Treaty  on  the  Functioning  of  the 
European  Union,  including  disputes  between  all  bodies  or  agencies  and  their  servants  in  respect  of  which  jurisdiction  is 
conferred  on  the  Court  of  Justice  of  the  European  Union. 

The  Civil  Service  Tribunal  shall  consist  of  seven  judges.  Should  the  Court  of  Justice  so  request,  the  Council,  acting 

1. 
by  a  qualified  majority,  may  increase  the  number  of  judges. 

Article  2 

The  judges  shall  be  appointed  for  a  period  of  six  years.  Retiring  judges  may  be  reappointed. 

Any  vacancy  shall  be  filled  by  the  appointment  of  a  new  judge  for  a  period  of  six  years. 

2. 
Temporary  Judges  shall  be  appointed,  in  addition  to  the  Judges  referred  to  in  the  first  subparagraph  of  paragraph 1, 
in  order to  cover the  absence of  Judges who, while not  suffering from  disablement deemed to  be  total, are prevented from 
participating  in  the  disposal  of  cases  for  a  lengthy  period  of  time. 

Article  3 

1. 
The  judges  shall  be  appointed  by  the  Council,  acting  in  accordance with  the  fourth  paragraph of  Article  257  of  the 
Treaty  on  the  Functioning  of  the  European  Union,  after  consulting  the  committee  provided  for  by  this  Article.  When 
appointing  judges,  the  Council  shall  ensure  a  balanced  composition  of  the  Civil  Service  Tribunal  on  as  broad  a 
geographical  basis  as  possible  from  among  nationals  of  the  Member  States  and  with  respect  to  the  national  legal 
systems  represented. 

2.  Any  person  who  is  a  Union  citizen  and  fulfils  the  conditions  laid  down  in  the  fourth  paragraph  of  Article  257  of 
the  Treaty  on  the  Functioning  of  the  European  Union  may  submit  an  application.  The  Council,  acting  on  a  recom­
mendation  from  the  Court  of  Justice,  shall  determine  the  conditions  and  the  arrangements  governing  the  submission  and 
processing  of  such  applications.

Consolidated TreatiesConsolidated Treaties 
C  202/226 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/227
227227

Article  64 

The  rules  governing  the 

language  arrangements  applicable  at  the  Court  of 

Justice  of  the 

European  Union  shall  be  laid  down  by  a  regulation  of  the  Council  acting  unanimously.  This 

regulation  shall  be  adopted  either  at  the  request  of  the  Court  of  Justice  and  after  consultation  of 

the  Commission  and  the  European  Parliament,  or  on  a  proposal  from  the  Commission  and  after 

consultation  of  the  Court  of  Justice  and  of  the  European  Parliament. 

Until  those  rules  have  been  adopted,  the  provisions  of  the  Rules  of  Procedure  of  the  Court  of  Justice 

and  of  the  Rules  of  Procedure  of  the  General  Court  governing  language  arrangements  shall  continue 

to  apply.  By  way  of  derogation  from  Articles  253  and  254  of  the  Treaty  on  the  Functioning  of  the 

European  Union,  those  provisions  may  only  be  amended  or  repealed  with  the  unanimous  consent  of 

the  Council. 

THE  EUROPEAN  UNION  CIVIL  SERVICE  TRIBUNAL 

The  European  Union  Civil  Service  Tribunal  (hereafter  "the  Civil  Service  Tribunal")  shall  exercise  at  first  instance  juris­

diction  in  disputes  between  the  Union  and  its  servants  referred  to  in  Article  270  of  the  Treaty  on  the  Functioning  of  the 

European  Union,  including  disputes  between  all  bodies  or  agencies  and  their  servants  in  respect  of  which  jurisdiction  is 

conferred  on  the  Court  of  Justice  of  the  European  Union. 

3.  A  committee  shall  be  set  up  comprising seven  persons  chosen  from  among  former  members  of  the  Court  of  Justice 
and  the  General  Court  and  lawyers  of  recognised  competence.  The  committee's  membership  and  operating  rules  shall  be 
determined  by  the  Council,  acting  on  a  recommendation  by  the  President  of  the  Court  of  Justice. 

4. 
The  committee  shall  give  an  opinion  on  candidates'  suitability  to  perform  the  duties  of  judge  at  the  Civil  Service 
Tribunal.  The  committee  shall  append  to  its  opinion  a  list  of  candidates  having  the  most  suitable  high-level  experience. 
Such  list  shall  contain  the  names  of  at  least  twice  as  many  candidates  as  there  are  judges  to  be  appointed  by  the  Council. 

The  judges  shall elect  the  President  of  the  Civil  Service Tribunal from  among  their number  for  a  term  of  three years. 

1. 
He  may  be  re-elected. 

Article  4 

The  Civil  Service  Tribunal  shall  sit  in  chambers  of  three  judges.  It  may,  in  certain  cases  determined  by  its  rules  of 

2. 
procedure,  sit  in  full  court  or  in  a  chamber  of  five  judges  or  of  a  single  judge. 

3. 
The  President  of  the  Civil  Service  Tribunal  shall  preside  over  the  full  court  and  the  chamber  of  five  judges.  The 
Presidents  of  the  chambers  of  three  judges  shall  be  designated  as  provided  in  paragraph  1.  If  the  President  of  the  Civil 
Service  Tribunal  is  assigned  to  a  chamber  of  three  judges,  he  shall  preside  over  that  chamber. 

The  jurisdiction of  and  quorum  for  the  full  court  as  well  as  the  composition  of  the  chambers and  the  assignment  of 

4. 
cases  to  them  shall  be  governed  by  the  Rules  of  Procedure. 

Articles  2  to  6,  14,  15,  the  first,  second  and  fifth  paragraphs of  Article  17,  and  Article  18  of  the  Statute  of  the  Court  of 
Justice  of  the  European  Union  shall  apply  to  the  Civil  Service  Tribunal  and  its  members. 

Article  5 

The  oath  referred  to  in  Article  2  of  the  Statute  shall  be  taken  before  the  Court  of  Justice, and  the  decisions  referred  to  in 
Articles  3,  4  and  6  thereof  shall  be  adopted  by  the  Court  of  Justice  after  consulting  the  Civil  Service  Tribunal. 

1. 

The  Civil  Service  Tribunal  shall  consist  of  seven  judges.  Should  the  Court  of  Justice  so  request,  the  Council,  acting 

by  a  qualified  majority,  may  increase  the  number  of  judges. 

Article  6 

The  judges  shall  be  appointed  for  a  period  of  six  years.  Retiring  judges  may  be  reappointed. 

Any  vacancy  shall  be  filled  by  the  appointment  of  a  new  judge  for  a  period  of  six  years. 

2. 

Temporary  Judges  shall  be  appointed,  in  addition  to  the  Judges  referred  to  in  the  first  subparagraph  of  paragraph 1, 

in  order to  cover the  absence of  Judges who, while not  suffering from  disablement deemed to  be  total, are prevented from 

participating  in  the  disposal  of  cases  for  a  lengthy  period  of  time. 

1. 

The  judges  shall  be  appointed  by  the  Council,  acting  in  accordance with  the  fourth  paragraph of  Article  257  of  the 

Treaty  on  the  Functioning  of  the  European  Union,  after  consulting  the  committee  provided  for  by  this  Article.  When 

appointing  judges,  the  Council  shall  ensure  a  balanced  composition  of  the  Civil  Service  Tribunal  on  as  broad  a 

geographical  basis  as  possible  from  among  nationals  of  the  Member  States  and  with  respect  to  the  national  legal 

systems  represented. 

2.  Any  person  who  is  a  Union  citizen  and  fulfils  the  conditions  laid  down  in  the  fourth  paragraph  of  Article  257  of 

the  Treaty  on  the  Functioning  of  the  European  Union  may  submit  an  application.  The  Council,  acting  on  a  recom­

mendation  from  the  Court  of  Justice,  shall  determine  the  conditions  and  the  arrangements  governing  the  submission  and 

processing  of  such  applications.

1. 
The  Civil  Service  Tribunal  shall  be  supported  by  the  departments  of  the  Court  of  Justice  and  of  the  General  Court. 
The  President  of  the  Court  of  Justice  or,  in  appropriate  cases,  the  President  of  the  General  Court,  shall  determine  by 
common  accord  with  the  President  of  the  Civil  Service  Tribunal  the  conditions  under  which  officials  and  other  servants 
attached to  the  Court  of  Justice or  the  General Court  shall render their services to  the  Civil Service Tribunal to  enable  it  to 
function.  Certain  officials  or  other  servants  shall  be  responsible  to  the  Registrar  of  the  Civil  Service  Tribunal  under  the 
authority  of  the  President  of  that  Tribunal. 

2. 
The  Civil  Service  Tribunal  shall  appoint  its  Registrar  and  lay  down  the  rules  governing  his  service.  The  fourth 
paragraph  of  Article  3  and  Articles  10,  11  and  14  of  the  Statute  of  the  Court  of  Justice  of  the  European  Union  shall 
apply  to  the  Registrar  of  the  Tribunal. 

1. 
The procedure before the  Civil Service Tribunal shall be  governed by  Title III  of  the  Statute of  the Court  of  Justice of 
the  European  Union,  with  the  exception  of  Articles  22  and  23.  Such  further  and  more  detailed  provisions  as  may  be 
necessary  shall  be  laid  down  in  the  Rules  of  Procedure. 

Article  7 

2. 

The  provisions  concerning  the  General  Court's  language  arrangements  shall  apply  to  the  Civil  Service  Tribunal.

ANNEX  I 

Article  1 

Article  2 

Article  3 

Consolidated version of the treaty on european unionProtocols 
 
C  202/228 
228228

EN 

Official Journal of the European Union 

7.6.2016

3. 
The  written  stage  of  the  procedure  shall  comprise  the  presentation  of  the  application  and  of  the  statement  of 
defence,  unless  the  Civil  Service  Tribunal  decides  that  a  second  exchange  of  written  pleadings  is  necessary. Where  there  is 
such  second  exchange,  the  Civil  Service  Tribunal  may,  with  the  agreement  of  the  parties,  decide  to  proceed  to  judgment 
without  an  oral  procedure. 

4.  At  all  stages  of  the  procedure,  including  the  time  when  the  application  is  filed,  the  Civil  Service  Tribunal  may 
examine  the  possibilities  of  an  amicable  settlement  of  the  dispute  and  may  try  to  facilitate  such  settlement. 

The  Civil  Service  Tribunal  shall  rule  on  the  costs  of  a  case.  Subject  to  the  specific  provisions  of  the  Rules  of 

5. 
Procedure,  the  unsuccessful  party  shall  be  ordered  to  pay  the  costs  should  the  court  so  decide. 

Article  8 

1.  Where  an  application  or  other  procedural  document  addressed  to  the  Civil  Service  Tribunal  is  lodged  by  mistake 
with  the  Registrar  of  the  Court  of  Justice  or  General  Court,  it  shall  be  transmitted  immediately  by  that  Registrar  to  the 
Registrar  of  the  Civil  Service  Tribunal.  Likewise,  where  an  application  or  other  procedural  document  addressed  to  the 
Court  of  Justice  or  to  the  General  Court  is  lodged  by  mistake  with  the  Registrar  of  the  Civil  Service  Tribunal,  it  shall  be 
transmitted  immediately  by  that  Registrar  to  the  Registrar  of  the  Court  of  Justice  or  General  Court. 

2.  Where  the  Civil  Service  Tribunal  finds  that  it  does  not  have  jurisdiction  to  hear  and  determine  an  action  in  respect 
of  which  the  Court  of  Justice  or  the  General  Court  has  jurisdiction,  it  shall  refer  that  action  to  the  Court  of  Justice  or  to 
the  General  Court.  Likewise,  where  the  Court  of  Justice  or  the  General  Court  finds  that  an  action  falls  within  the 
jurisdiction  of  the  Civil  Service  Tribunal,  the  Court  seised  shall  refer  that  action  to  the  Civil  Service  Tribunal, 
whereupon  that  Tribunal  may  not  decline  jurisdiction. 

3.  Where  the  Civil  Service Tribunal  and  the  General  Court  are  seised  of  cases  in  which  the  same  issue  of  interpretation 
is  raised  or  the  validity  of  the  same  act  is  called  in  question,  the  Civil  Service  Tribunal,  after  hearing  the  parties,  may  stay 
the  proceedings  until  the  judgment  of  the  General  Court  has  been  delivered. 

Where  the  Civil  Service  Tribunal  and  the  General  Court  are  seised  of  cases  in  which  the  same  relief  is  sought,  the  Civil 
Service  Tribunal  shall  decline  jurisdiction  so  that  the  General  Court  may  act  on  those  cases. 

An  appeal  may  be  brought  before  the  General  Court,  within  two  months  of  notification  of  the  decision  appealed  against, 
against  final  decisions  of  the  Civil  Service  Tribunal  and  decisions  of  that  Tribunal  disposing  of  the  substantive  issues  in 
part  only  or  disposing  of  a  procedural  issue  concerning  a  plea  of  lack  of  jurisdiction  or  inadmissibility. 

Article  9 

Such  an  appeal  may  be  brought  by  any  party  which  has  been  unsuccessful,  in  whole  or  in  part,  in  its  submissions. 
However,  interveners  other  than  the  Member  States  and  the  institutions  of  the  Union  may  bring  such  an  appeal  only 
where  the  decision  of  the  Civil  Service  Tribunal  directly  affects  them. 

1.  Any  person  whose  application  to  intervene  has  been  dismissed  by  the  Civil  Service  Tribunal  may  appeal  to  the 
General  Court  within  two  weeks  of  notification  of  the  decision  dismissing  the  application. 

Article  10 

2. 
The  parties  to  the  proceedings  may  appeal  to  the  General  Court  against  any  decision  of  the  Civil  Service  Tribunal 
made pursuant to  Article  278  or Article  279  or  the fourth paragraph of  Article  299  of  the Treaty on  the  Functioning of 
the  European  Union  or  Article  157  or  the  third  paragraph of  Article  164  of  the  EAEC  Treaty  within  two  months  of  its 
notification.

Consolidated TreatiesConsolidated Treaties 
C  202/228 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/229
229229

3. 

The  written  stage  of  the  procedure  shall  comprise  the  presentation  of  the  application  and  of  the  statement  of 

defence,  unless  the  Civil  Service  Tribunal  decides  that  a  second  exchange  of  written  pleadings  is  necessary. Where  there  is 

such  second  exchange,  the  Civil  Service  Tribunal  may,  with  the  agreement  of  the  parties,  decide  to  proceed  to  judgment 

3. 
The  President  of  the  General  Court  may,  by  way  of  summary  procedure,  which  may,  in  so  far  as  necessary,  differ 
from  some  of  the  rules  contained  in  this  Annex  and  which  shall  be  laid  down  in  the  rules  of  procedure  of  the  General 
Court,  adjudicate  upon  appeals  brought  in  accordance  with  paragraphs  1  and  2. 

without  an  oral  procedure. 

Article  11 

1.  An  appeal to  the  General Court  shall be  limited  to  points  of  law. It  shall lie  on  the  grounds  of  lack of  jurisdiction of 
the  Civil  Service  Tribunal,  a  breach  of  procedure  before  it  which  adversely  affects  the  interests  of  the  appellant,  as  well  as 
the  infringement  of  Union  law  by  the  Tribunal. 

2.  No  appeal  shall  lie  regarding  only  the  amount  of  the  costs  or  the  party  ordered  to  pay  them. 

Article  12 

1.  Without  prejudice to  Articles 278  and  279  of  the  Treaty on  the  Functioning of  the  European  Union  or  Article  157 
of  the  EAEC  Treaty,  an  appeal  before  the  General  Court  shall  not  have  suspensory  effect. 

2.  Where  an  appeal  is  brought  against  a  decision  of  the  Civil  Service  Tribunal,  the  procedure  before  the  General  Court 
shall  consist  of  a  written  part  and  an  oral  part.  In  accordance  with  conditions  laid  down  in  the  rules  of  procedure,  the 
General  Court,  having  heard  the  parties,  may  dispense  with  the  oral  procedure. 

Article  13 

1. 
If  the  appeal  is  well  founded,  the  General  Court  shall  quash  the  decision  of  the  Civil  Service  Tribunal  and  itself  give 
judgment  in  the  matter.  It  shall  refer  the  case  back  to  the  Civil  Service  Tribunal  for  judgment  where  the  state  of  the 
proceedings  does  not  permit  a  decision  by  the  Court. 

2.  Where  a  case  is  referred  back  to  the  Civil  Service  Tribunal,  the  Tribunal  shall  be  bound  by  the  decision  of  the 
General  Court  on  points  of  law.

4.  At  all  stages  of  the  procedure,  including  the  time  when  the  application  is  filed,  the  Civil  Service  Tribunal  may 

examine  the  possibilities  of  an  amicable  settlement  of  the  dispute  and  may  try  to  facilitate  such  settlement. 

5. 

The  Civil  Service  Tribunal  shall  rule  on  the  costs  of  a  case.  Subject  to  the  specific  provisions  of  the  Rules  of 

Procedure,  the  unsuccessful  party  shall  be  ordered  to  pay  the  costs  should  the  court  so  decide. 

Article  8 

1.  Where  an  application  or  other  procedural  document  addressed  to  the  Civil  Service  Tribunal  is  lodged  by  mistake 

with  the  Registrar  of  the  Court  of  Justice  or  General  Court,  it  shall  be  transmitted  immediately  by  that  Registrar  to  the 

Registrar  of  the  Civil  Service  Tribunal.  Likewise,  where  an  application  or  other  procedural  document  addressed  to  the 

Court  of  Justice  or  to  the  General  Court  is  lodged  by  mistake  with  the  Registrar  of  the  Civil  Service  Tribunal,  it  shall  be 

transmitted  immediately  by  that  Registrar  to  the  Registrar  of  the  Court  of  Justice  or  General  Court. 

2.  Where  the  Civil  Service  Tribunal  finds  that  it  does  not  have  jurisdiction  to  hear  and  determine  an  action  in  respect 

of  which  the  Court  of  Justice  or  the  General  Court  has  jurisdiction,  it  shall  refer  that  action  to  the  Court  of  Justice  or  to 

the  General  Court.  Likewise,  where  the  Court  of  Justice  or  the  General  Court  finds  that  an  action  falls  within  the 

jurisdiction  of  the  Civil  Service  Tribunal,  the  Court  seised  shall  refer  that  action  to  the  Civil  Service  Tribunal, 

whereupon  that  Tribunal  may  not  decline  jurisdiction. 

3.  Where  the  Civil  Service Tribunal  and  the  General  Court  are  seised  of  cases  in  which  the  same  issue  of  interpretation 

is  raised  or  the  validity  of  the  same  act  is  called  in  question,  the  Civil  Service  Tribunal,  after  hearing  the  parties,  may  stay 

the  proceedings  until  the  judgment  of  the  General  Court  has  been  delivered. 

Where  the  Civil  Service  Tribunal  and  the  General  Court  are  seised  of  cases  in  which  the  same  relief  is  sought,  the  Civil 

Service  Tribunal  shall  decline  jurisdiction  so  that  the  General  Court  may  act  on  those  cases. 

An  appeal  may  be  brought  before  the  General  Court,  within  two  months  of  notification  of  the  decision  appealed  against, 

against  final  decisions  of  the  Civil  Service  Tribunal  and  decisions  of  that  Tribunal  disposing  of  the  substantive  issues  in 

part  only  or  disposing  of  a  procedural  issue  concerning  a  plea  of  lack  of  jurisdiction  or  inadmissibility. 

Such  an  appeal  may  be  brought  by  any  party  which  has  been  unsuccessful,  in  whole  or  in  part,  in  its  submissions. 

However,  interveners  other  than  the  Member  States  and  the  institutions  of  the  Union  may  bring  such  an  appeal  only 

where  the  decision  of  the  Civil  Service  Tribunal  directly  affects  them. 

Article  9 

Article  10 

1.  Any  person  whose  application  to  intervene  has  been  dismissed  by  the  Civil  Service  Tribunal  may  appeal  to  the 

General  Court  within  two  weeks  of  notification  of  the  decision  dismissing  the  application. 

2. 

The  parties  to  the  proceedings  may  appeal  to  the  General  Court  against  any  decision  of  the  Civil  Service  Tribunal 

made pursuant to  Article  278  or Article  279  or  the fourth paragraph of  Article  299  of  the Treaty on  the  Functioning of 

the  European  Union  or  Article  157  or  the  third  paragraph of  Article  164  of  the  EAEC  Treaty  within  two  months  of  its 

notification.

Consolidated version of the treaty on european unionProtocols 
 
C  202/230 
230230

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  4) 

ON  THE  STATUTE  OF  THE  EUROPEAN  SYSTEM  OF  CENTRAL  BANKS 
AND  OF  THE  EUROPEAN  CENTRAL  BANK 

THE  HIGH  CONTRACTING  PARTIES, 

DESIRING  to  lay  down  the  Statute  of  the  European  System  of  Central  Banks  and  of  the  European 
Central  Bank  provided  for  in  the  second  paragraph  of  Article  129  of  the  Treaty  on  the  Functioning 
of  the  European  Union, 

HAVE  AGREED  upon  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

CHAPTER  I 

THE  EUROPEAN  SYSTEM  OF  CENTRAL  BANKS 

Article  1 

The  European  System  of  Central  Banks 

In  accordance  with  Article  282(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the 
European  Central  Bank  (ECB)  and  the  national  central  banks  shall  constitute  the  European  System  of 
Central  Banks  (ESCB).  The  ECB  and  the  national  central  banks  of  those  Member  States  whose 
currency  is  the  euro  shall  constitute  the  Eurosystem. 

The  ESCB  and  the  ECB  shall  perform  their  tasks  and  carry  on  their  activities  in  accordance  with  the 
provisions  of  the  Treaties  and  of  this  Statute. 

CHAPTER  II 

OBJECTIVES  AND  TASKS  OF  THE  ESCB 

Article  2 

Objectives 

In  accordance  with  Article  127(1)  and  Article  282(2)  of  the  Treaty  on  the  Functioning  of  the 
European  Union,  the  primary  objective  of  the  ESCB  shall  be  to  maintain  price  stability.  Without 
prejudice  to  the  objective  of  price  stability,  it  shall  support  the  general  economic  policies  in  the 
Union  with  a  view  to  contributing  to  the  achievement  of  the  objectives  of  the  Union  as  laid  down  in 
Article  3  of  the  Treaty  on  European  Union.  The  ESCB  shall  act  in  accordance  with  the  principle  of 
an  open  market  economy  with  free  competition,  favouring  an  efficient  allocation  of  resources, and  in 
compliance  with  the  principles  set  out  in  Article  119  of  the  Treaty  on  the  Functioning  of  the 
European  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/230 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/231
231231

PROTOCOL  (No  4) 

ON  THE  STATUTE  OF  THE  EUROPEAN  SYSTEM  OF  CENTRAL  BANKS 

AND  OF  THE  EUROPEAN  CENTRAL  BANK 

THE  HIGH  CONTRACTING  PARTIES, 

DESIRING  to  lay  down  the  Statute  of  the  European  System  of  Central  Banks  and  of  the  European 

Central  Bank  provided  for  in  the  second  paragraph  of  Article  129  of  the  Treaty  on  the  Functioning 

of  the  European  Union, 

Article  3 

Tasks 

In  accordance  with  Article  127(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 

3.1. 
the  basic  tasks  to  be  carried  out  through  the  ESCB  shall  be: 

—  to  define  and  implement  the  monetary  policy  of  the  Union; 

—  to  conduct  foreign-exchange  operations  consistent  with  the  provisions  of  Article  219  of  that 

Treaty; 

—  to  hold  and  manage  the  official  foreign  reserves  of  the  Member  States; 

HAVE  AGREED  upon  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 

Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

—  to  promote  the  smooth  operation  of  payment  systems. 

THE  EUROPEAN  SYSTEM  OF  CENTRAL  BANKS 

CHAPTER  I 

Article  1 

The  European  System  of  Central  Banks 

In  accordance  with  Article  282(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the 

European  Central  Bank  (ECB)  and  the  national  central  banks  shall  constitute  the  European  System  of 

Central  Banks  (ESCB).  The  ECB  and  the  national  central  banks  of  those  Member  States  whose 

currency  is  the  euro  shall  constitute  the  Eurosystem. 

3.2. 
In  accordance  with  Article  127(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
the  third  indent  of  Article  3.1  shall  be  without  prejudice  to  the  holding  and  management  by  the 
governments  of  Member  States  of  foreign-exchange  working  balances. 

3.3. 
In  accordance  with  Article  127(5)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
the  ESCB  shall  contribute  to  the  smooth  conduct  of  policies  pursued  by  the  competent  authorities 
relating  to  the  prudential  supervision  of  credit  institutions  and  the  stability  of  the  financial  system. 

Article  4 

Advisory  functions 

In  accordance  with  Article  127(4)  of  the  Treaty  on  the  Functioning  of  the  European  Union: 

(a)  the  ECB  shall  be  consulted: 

The  ESCB  and  the  ECB  shall  perform  their  tasks  and  carry  on  their  activities  in  accordance  with  the 

provisions  of  the  Treaties  and  of  this  Statute. 

—  on  any  proposed  Union  act  in  its  fields  of  competence; 

OBJECTIVES  AND  TASKS  OF  THE  ESCB 

CHAPTER  II 

Article  2 

Objectives 

—  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  41; 

(b)  the  ECB  may  submit  opinions  to  the  Union  institutions,  bodies,  offices  or  agencies  or  to  national 

authorities  on  matters  in  its  fields  of  competence. 

In  accordance  with  Article  127(1)  and  Article  282(2)  of  the  Treaty  on  the  Functioning  of  the 

European  Union,  the  primary  objective  of  the  ESCB  shall  be  to  maintain  price  stability.  Without 

prejudice  to  the  objective  of  price  stability,  it  shall  support  the  general  economic  policies  in  the 

Union  with  a  view  to  contributing  to  the  achievement  of  the  objectives  of  the  Union  as  laid  down  in 

Article  3  of  the  Treaty  on  European  Union.  The  ESCB  shall  act  in  accordance  with  the  principle  of 

an  open  market  economy  with  free  competition,  favouring  an  efficient  allocation  of  resources, and  in 

compliance  with  the  principles  set  out  in  Article  119  of  the  Treaty  on  the  Functioning  of  the 

European  Union.

Article  5 

Collection  of  statistical  information 

5.1. 
In  order  to  undertake  the  tasks  of  the  ESCB,  the  ECB,  assisted  by  the  national  central  banks, 
shall  collect  the  necessary  statistical  information  either  from  the  competent  national  authorities  or 
directly  from  economic  agents.  For  these  purposes  it  shall  cooperate  with  the  Union  institutions, 
bodies,  offices  or  agencies  and  with  the  competent  authorities  of  the  Member  States  or  third 
countries  and  with  international  organisations.

Consolidated version of the treaty on european unionProtocols 
 
C  202/232 
232232

EN 

Official Journal of the European Union 

7.6.2016

The  national  central  banks  shall  carry  out,  to  the  extent  possible,  the  tasks  described  in 

5.2. 
Article  5.1. 

5.3. 
The  ECB  shall  contribute  to  the  harmonisation,  where  necessary,  of  the  rules  and  practices 
governing  the  collection,  compilation  and  distribution  of  statistics  in  the  areas  within  its  fields  of 
competence. 

5.4. 
The  Council,  in  accordance  with  the  procedure  laid  down  in  Article  41,  shall  define  the 
natural  and  legal  persons  subject  to  reporting  requirements,  the  confidentiality  regime  and  the 
appropriate  provisions  for  enforcement. 

Article  6 

International  cooperation 

In  the  field  of  international  cooperation  involving  the  tasks  entrusted  to  the  ESCB,  the  ECB 

6.1. 
shall  decide  how  the  ESCB  shall  be  represented. 

The  ECB  and,  subject  to  its  approval,  the  national  central  banks  may  participate  in  inter­

6.2. 
national  monetary  institutions. 

6.3.  Articles  6.1  and  6.2  shall  be  without  prejudice  to  Article  138  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union. 

CHAPTER  III 

ORGANISATION  OF  THE  ESCB 

Article  7 

Independence 

In  accordance  with  Article  130  of  the  Treaty  on  the  Functioning  of  the  European  Union,  when 
exercising  the  powers  and  carrying  out  the  tasks  and  duties  conferred  upon  them  by  the  Treaties  and 
this  Statute,  neither  the  ECB,  nor  a  national  central  bank,  nor  any  member  of  their  decision-making 
bodies  shall  seek  or  take  instructions  from  Union  institutions,  bodies,  offices  or  agencies,  from  any 
government  of  a  Member  State  or  from  any  other  body.  The  Union  institutions,  bodies,  offices  or 
agencies  and  the  governments  of  the  Member  States  undertake  to  respect  this  principle  and  not  to 
seek  to  influence  the  members  of  the  decision-making  bodies  of  the  ECB  or  of  the  national  central 
banks  in  the  performance  of  their  tasks. 

The  ESCB  shall  be  governed  by  the  decision-making  bodies  of  the  ECB.

Article  8 

General  principle 

Consolidated TreatiesConsolidated Treaties 
C  202/232 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/233
233233

5.2. 

The  national  central  banks  shall  carry  out,  to  the  extent  possible,  the  tasks  described  in 

5.3. 

The  ECB  shall  contribute  to  the  harmonisation,  where  necessary,  of  the  rules  and  practices 

governing  the  collection,  compilation  and  distribution  of  statistics  in  the  areas  within  its  fields  of 

Article  5.1. 

competence. 

Article  9 

The  European  Central  Bank 

9.1. 
The  ECB  which,  in  accordance  with  Article  282(3)  of  the  Treaty  on  the  Functioning  of  the 
European  Union,  shall  have  legal  personality,  shall  enjoy  in  each  of  the  Member  States  the  most 
extensive  legal  capacity  accorded  to  legal  persons  under  its  law;  it  may,  in  particular,  acquire  or 
dispose  of  movable  and  immovable  property  and  may  be  a  party  to  legal  proceedings. 

5.4. 

The  Council,  in  accordance  with  the  procedure  laid  down  in  Article  41,  shall  define  the 

natural  and  legal  persons  subject  to  reporting  requirements,  the  confidentiality  regime  and  the 

appropriate  provisions  for  enforcement. 

9.2. 
The  ECB  shall  ensure  that  the  tasks  conferred  upon  the  ESCB  under  Article  127(2),  (3)  and 
(5)  of  the  Treaty  on  the  Functioning  of  the  European  Union  are  implemented  either  by  its  own 
activities  pursuant  to  this  Statute  or  through  the  national  central  banks  pursuant  to  Articles  12.1 
and  14. 

Article  6 

International  cooperation 

In  accordance  with  Article  129(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
9.3. 
the  decision  making  bodies  of  the  ECB  shall  be  the  Governing  Council  and  the  Executive  Board. 

6.1. 

In  the  field  of  international  cooperation  involving  the  tasks  entrusted  to  the  ESCB,  the  ECB 

shall  decide  how  the  ESCB  shall  be  represented. 

Article  10 

The  Governing  Council 

6.2. 

The  ECB  and,  subject  to  its  approval,  the  national  central  banks  may  participate  in  inter­

national  monetary  institutions. 

10.1. 
In  accordance  with  Article  283(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
the  Governing  Council  shall  comprise  the  members  of  the  Executive  Board  of  the  ECB  and  the 
governors  of  the  national  central  banks  of  the  Member  States  whose  currency  is  the  euro. 

6.3.  Articles  6.1  and  6.2  shall  be  without  prejudice  to  Article  138  of  the  Treaty  on  the  Func­

tioning  of  the  European  Union. 

ORGANISATION  OF  THE  ESCB 

CHAPTER  III 

Article  7 

Independence 

In  accordance  with  Article  130  of  the  Treaty  on  the  Functioning  of  the  European  Union,  when 

exercising  the  powers  and  carrying  out  the  tasks  and  duties  conferred  upon  them  by  the  Treaties  and 

this  Statute,  neither  the  ECB,  nor  a  national  central  bank,  nor  any  member  of  their  decision-making 

bodies  shall  seek  or  take  instructions  from  Union  institutions,  bodies,  offices  or  agencies,  from  any 

government  of  a  Member  State  or  from  any  other  body.  The  Union  institutions,  bodies,  offices  or 

agencies  and  the  governments  of  the  Member  States  undertake  to  respect  this  principle  and  not  to 

seek  to  influence  the  members  of  the  decision-making  bodies  of  the  ECB  or  of  the  national  central 

banks  in  the  performance  of  their  tasks. 

The  ESCB  shall  be  governed  by  the  decision-making  bodies  of  the  ECB.

Article  8 

General  principle 

10.2. 
Each  member  of  the  Governing  Council  shall  have  one  vote.  As  from  the  date  on  which  the 
number  of  members  of  the  Governing  Council  exceeds 21,  each member  of  the  Executive  Board  shall 
have  one  vote  and  the  number  of  governors  with  a  voting  right  shall  be  15.  The  latter  voting  rights 
shall  be  assigned  and  shall  rotate  as  follows: 

—  as  from  the  date  on  which  the  number  of  governors  exceeds  15,  until  it  reaches  22,  the 
governors  shall  be  allocated  to  two  groups,  according  to  a  ranking  of  the  size  of  the  share  of 
their  national  central  bank's  Member  State  in  the  aggregate  gross  domestic  product  at  market 
prices  and  in  the  total  aggregated  balance  sheet  of  the  monetary  financial  institutions  of  the 
Member  States  whose  currency  is  the  euro.  The  shares  in  the  aggregate  gross  domestic  product  at 
market  prices and  in  the  total  aggregated  balance  sheet of  the  monetary financial institutions  shall 
be  assigned  weights  of  5/6  and  1/6,  respectively.  The  first  group  shall  be  composed  of  five 
governors  and  the  second  group  of  the  remaining  governors.  The  frequency  of  voting  rights 
of  the  governors  allocated  to  the  first  group  shall  not  be  lower  than  the  frequency  of  voting 
rights  of  those  of  the  second  group.  Subject  to  the  previous  sentence,  the  first  group  shall  be 
assigned  four  voting  rights  and  the  second  group  eleven  voting  rights, 

—  as  from  the  date  on  which  the  number  of  governors  reaches  22,  the  governors  shall  be  allocated 
to  three  groups  according  to  a  ranking  based  on  the  above  criteria.  The  first  group  shall  be 
composed  of  five  governors  and  shall  be  assigned  four  voting  rights.  The  second  group  shall  be 
composed  of  half  of  the  total  number  of  governors,  with  any  fraction  rounded  up  to  the  nearest 
integer,  and  shall  be  assigned  eight  voting  rights.  The  third  group  shall  be  composed  of  the 
remaining  governors  and  shall  be  assigned  three  voting  rights,

Consolidated version of the treaty on european unionProtocols 
 
C  202/234 
234234

EN 

Official Journal of the European Union 

7.6.2016

—  within  each  group,  the  governors  shall  have  their  voting  rights  for  equal  amounts  of  time, 

—  for  the  calculation  of  the  shares  in  the  aggregate  gross  domestic  product  at  market  prices 
Article  29.2  shall  apply.  The  total  aggregated  balance  sheet  of  the  monetary  financial  institutions 
shall  be  calculated  in  accordance  with  the  statistical  framework  applying  in  the  Union  at  the  time 
of  the  calculation, 

—  whenever  the  aggregate  gross  domestic  product  at  market  prices  is  adjusted  in  accordance  with 
Article  29.3,  or  whenever  the  number  of  governors  increases,  the  size  and/or  composition  of  the 
groups  shall  be  adjusted  in  accordance  with  the  above  principles, 

—  the  Governing  Council,  acting  by  a  two-thirds  majority  of  all  its  members,  with  and  without  a 
voting  right,  shall  take  all  measures  necessary  for  the  implementation  of  the  above  principles  and 
may  decide  to  postpone  the  start  of  the  rotation  system  until  the  date  on  which  the  number  of 
governors  exceeds  18. 

The  right  to  vote  shall  be  exercised  in  person.  By  way  of  derogation  from  this  rule,  the  Rules  of 
Procedure  referred  to  in  Article  12.3  may  lay  down  that  members  of  the  Governing  Council  may 
cast  their  vote  by  means  of  teleconferencing.  These  rules  shall  also  provide  that  a  member  of  the 
Governing  Council  who  is  prevented  from  attending  meetings  of  the  Governing  Council  for  a 
prolonged  period  may  appoint  an  alternate  as  a  member  of  the  Governing  Council. 

The  provisions  of  the  previous  paragraphs  are  without  prejudice  to  the  voting  rights  of  all  members 
of  the  Governing  Council,  with  and  without  a  voting  right,  under  Articles  10.3,  40.2  and  40.3. 

Save  as  otherwise  provided  for  in  this  Statute,  the  Governing  Council  shall  act  by  a  simple  majority 
of  the  members  having  a  voting  right.  In  the  event  of  a  tie,  the  President  shall  have  the  casting  vote. 

In  order  for  the  Governing  Council  to  vote,  there  shall  be  a  quorum  of  two-thirds  of  the  members 
having  a  voting  right.  If  the  quorum  is  not  met,  the  President  may  convene  an  extraordinary  meeting 
at  which  decisions  may  be  taken  without  regard  to  the  quorum. 

10.3. 
For  any  decisions  to  be  taken  under  Articles  28,  29,  30,  32  and  33,  the  votes  in  the 
Governing  Council  shall  be  weighted  according  to  the  national  central banks'  shares in  the  subscribed 
capital  of  the  ECB.  The  weights  of  the  votes  of  the  members  of  the  Executive  Board  shall  be  zero.  A 
decision  requiring  a  qualified  majority  shall  be  adopted  if  the  votes  cast  in  favour  represent  at  least 
two  thirds  of  the  subscribed  capital  of  the  ECB  and  represent  at  least  half  of  the  shareholders.  If  a 
Governor  is  unable  to  be  present,  he  may  nominate  an  alternate  to  cast  his  weighted  vote. 

10.4. 
make  the  outcome  of  its  deliberations  public. 

The  proceedings  of  the  meetings  shall  be  confidential.  The  Governing  Council  may  decide  to 

10.5. 

The  Governing  Council  shall  meet  at  least  10  times  a  year.

Consolidated TreatiesConsolidated Treaties 
C  202/234 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/235
235235

—  within  each  group,  the  governors  shall  have  their  voting  rights  for  equal  amounts  of  time, 

Article  11 

The  Executive  Board 

—  for  the  calculation  of  the  shares  in  the  aggregate  gross  domestic  product  at  market  prices 

Article  29.2  shall  apply.  The  total  aggregated  balance  sheet  of  the  monetary  financial  institutions 

shall  be  calculated  in  accordance  with  the  statistical  framework  applying  in  the  Union  at  the  time 

11.1. 
In  accordance  with  the  first  subparagraph  of  Article  283(2)  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union,  the  Executive  Board  shall  comprise  the  President,  the  Vice-President 
and  four  other  members. 

of  the  calculation, 

—  whenever  the  aggregate  gross  domestic  product  at  market  prices  is  adjusted  in  accordance  with 

Article  29.3,  or  whenever  the  number  of  governors  increases,  the  size  and/or  composition  of  the 

groups  shall  be  adjusted  in  accordance  with  the  above  principles, 

—  the  Governing  Council,  acting  by  a  two-thirds  majority  of  all  its  members,  with  and  without  a 

voting  right,  shall  take  all  measures  necessary  for  the  implementation  of  the  above  principles  and 

may  decide  to  postpone  the  start  of  the  rotation  system  until  the  date  on  which  the  number  of 

governors  exceeds  18. 

The  right  to  vote  shall  be  exercised  in  person.  By  way  of  derogation  from  this  rule,  the  Rules  of 

Procedure  referred  to  in  Article  12.3  may  lay  down  that  members  of  the  Governing  Council  may 

cast  their  vote  by  means  of  teleconferencing.  These  rules  shall  also  provide  that  a  member  of  the 

Governing  Council  who  is  prevented  from  attending  meetings  of  the  Governing  Council  for  a 

prolonged  period  may  appoint  an  alternate  as  a  member  of  the  Governing  Council. 

The  provisions  of  the  previous  paragraphs  are  without  prejudice  to  the  voting  rights  of  all  members 

of  the  Governing  Council,  with  and  without  a  voting  right,  under  Articles  10.3,  40.2  and  40.3. 

Save  as  otherwise  provided  for  in  this  Statute,  the  Governing  Council  shall  act  by  a  simple  majority 

of  the  members  having  a  voting  right.  In  the  event  of  a  tie,  the  President  shall  have  the  casting  vote. 

In  order  for  the  Governing  Council  to  vote,  there  shall  be  a  quorum  of  two-thirds  of  the  members 

having  a  voting  right.  If  the  quorum  is  not  met,  the  President  may  convene  an  extraordinary  meeting 

at  which  decisions  may  be  taken  without  regard  to  the  quorum. 

10.3. 

For  any  decisions  to  be  taken  under  Articles  28,  29,  30,  32  and  33,  the  votes  in  the 

Governing  Council  shall  be  weighted  according  to  the  national  central banks'  shares in  the  subscribed 

capital  of  the  ECB.  The  weights  of  the  votes  of  the  members  of  the  Executive  Board  shall  be  zero.  A 

decision  requiring  a  qualified  majority  shall  be  adopted  if  the  votes  cast  in  favour  represent  at  least 

two  thirds  of  the  subscribed  capital  of  the  ECB  and  represent  at  least  half  of  the  shareholders.  If  a 

Governor  is  unable  to  be  present,  he  may  nominate  an  alternate  to  cast  his  weighted  vote. 

The  members  shall  perform  their  duties  on  a  full-time  basis.  No  member  shall  engage  in  any 
occupation,  whether  gainful  or  not,  unless  exemption  is  exceptionally  granted  by  the  Governing 
Council. 

11.2. 
In  accordance  with  the  second  subparagraph  of  Article  283(2)  of  the  Treaty  on  the 
Functioning  of  the  European  Union,  the  President,  the  Vice-President  and  the  other  members  of 
the  Executive  Board  shall  be  appointed  by  the  European  Council,  acting  by  a  qualified  majority,  from 
among  persons  of  recognised  standing  and  professional  experience  in  monetary  or  banking  matters, 
on  a  recommendation  from  the  Council  after  it  has  consulted  the  European  Parliament  and  the 
Governing  Council. 

Their  term  of  office  shall  be  eight  years  and  shall  not  be  renewable. 

Only  nationals  of  Member  States  may  be  members  of  the  Executive  Board. 

11.3. 
The  terms  and  conditions  of  employment  of  the  members  of  the  Executive  Board,  in 
particular  their  salaries,  pensions  and  other  social  security  benefits  shall  be  the  subject  of 
contracts  with  the  ECB  and  shall  be  fixed  by  the  Governing  Council  on  a  proposal  from  a 
Committee  comprising  three  members  appointed  by  the  Governing  Council  and  three  members 
appointed  by  the  Council.  The  members  of  the  Executive  Board  shall  not  have  the  right  to  vote 
on  matters  referred  to  in  this  paragraph. 

11.4. 
If  a  member  of  the  Executive  Board  no  longer  fulfils  the  conditions  required  for  the 
performance  of  his  duties  or  if  he  has  been  guilty  of  serious  misconduct,  the  Court  of  Justice 
may,  on  application  by  the  Governing  Council  or  the  Executive  Board,  compulsorily  retire  him. 

11.5. 
Each  member  of  the  Executive  Board  present  in  person  shall  have  the  right  to  vote  and  shall 
have,  for  that  purpose,  one  vote.  Save  as  otherwise  provided,  the  Executive  Board  shall  act  by  a 
simple  majority  of  the  votes  cast.  In  the  event  of  a  tie,  the  President  shall  have  the  casting  vote.  The 
voting  arrangements  shall  be  specified  in  the  Rules  of  Procedure  referred  to  in  Article  12.3. 

10.4. 

The  proceedings  of  the  meetings  shall  be  confidential.  The  Governing  Council  may  decide  to 

11.6. 

The  Executive  Board  shall  be  responsible  for  the  current  business  of  the  ECB. 

make  the  outcome  of  its  deliberations  public. 

10.5. 

The  Governing  Council  shall  meet  at  least  10  times  a  year.

11.7.  Any  vacancy  on  the  Executive  Board  shall  be  filled  by  the  appointment  of  a  new  member  in 
accordance  with  Article  11.2.

Consolidated version of the treaty on european unionProtocols 
 
C  202/236 
236236

EN 

Official Journal of the European Union 

7.6.2016

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  these  Treaties  and  this  Statute.  The 
Governing  Council  shall  formulate  the  monetary  policy  of  the  Union  including,  as  appropriate, 
intermediate  monetary  objectives,  key  interest  rates  and  the  supply  of 
decisions  relating  to 
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. 
Governing  Council. 

The  Executive  Board  shall  have  responsibility  for  the  preparation  of  meetings  of  the 

12.3. 
isation  of  the  ECB  and  its  decision-making  bodies. 

The  Governing  Council  shall  adopt  Rules  of  Procedure  which  determine  the  internal  organ­

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. 

Article  13 

The  President 

13.1. 
the  Executive  Board  of  the  ECB. 

The  President  or,  in  his  absence,  the  Vice-President  shall  chair  the  Governing  Council  and 

13.2.  Without  prejudice  to  Article  38,  the  President  or  his  nominee  shall  represent  the  ECB 
externally. 

Article  14 

National  central  banks 

In  accordance  with  Article  131  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
14.1. 
each  Member  State  shall  ensure  that  its  national  legislation,  including  the  statutes  of  its  national 
central  bank,  is  compatible  with  these  Treaties  and  this  Statute. 

14.2. 
of  a  Governor  of  a  national  central  bank  shall  be  no  less  than  five  years.

The  statutes  of  the  national  central  banks  shall,  in  particular,  provide  that  the  term  of  office 

Consolidated TreatiesConsolidated Treaties 
C  202/236 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/237
237237

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  these  Treaties  and  this  Statute.  The 

Governing  Council  shall  formulate  the  monetary  policy  of  the  Union  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  organ­

isation  of  the  ECB  and  its  decision-making  bodies. 

A  Governor  may  be  relieved  from  office  only  if  he  no  longer  fulfils  the  conditions  required  for  the 
performance  of  his  duties  or  if  he  has  been  guilty  of  serious  misconduct.  A  decision  to  this  effect 
may  be  referred  to  the  Court  of  Justice  by  the  Governor  concerned  or  the  Governing  Council  on 
grounds  of  infringement  of  these  Treaties  or  of  any  rule  of  law  relating  to  their  application.  Such 
proceedings  shall  be  instituted  within  two  months  of  the  publication  of  the  decision  or  of  its 
notification  to  the  plaintiff  or,  in  the  absence  thereof,  of  the  day  on  which  it  came  to  the 
knowledge  of  the  latter,  as  the  case  may  be. 

14.3. 
The  national  central  banks  are  an  integral  part  of  the  ESCB  and  shall  act  in  accordance  with 
the  guidelines  and  instructions  of  the  ECB.  The  Governing  Council  shall  take  the  necessary  steps  to 
ensure  compliance  with  the  guidelines  and  instructions  of  the  ECB,  and  shall  require  that  any 
necessary  information  be  given  to  it. 

14.4.  National  central  banks  may  perform  functions  other  than  those  specified  in  this  Statute 
unless  the  Governing  Council  finds,  by  a  majority  of  two  thirds  of  the  votes  cast,  that  these  interfere 
with  the  objectives  and  tasks  of  the  ESCB.  Such  functions  shall  be  performed  on  the  responsibility 
and  liability  of  national  central  banks  and  shall  not  be  regarded  as  being  part  of  the  functions  of  the 
ESCB. 

15.1. 

The  ECB  shall  draw  up  and  publish  reports  on  the  activities  of  the  ESCB  at  least  quarterly. 

Article  15 

Reporting  commitments 

12.4. 

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

15.2.  A  consolidated  financial  statement  of  the  ESCB  shall  be  published  each  week. 

12.5. 

The  Governing  Council  shall  take  the  decisions  referred  to  in  Article  6. 

13.1. 

The  President  or,  in  his  absence,  the  Vice-President  shall  chair  the  Governing  Council  and 

the  Executive  Board  of  the  ECB. 

13.2.  Without  prejudice  to  Article  38,  the  President  or  his  nominee  shall  represent  the  ECB 

externally. 

Article  13 

The  President 

Article  14 

National  central  banks 

14.1. 

In  accordance  with  Article  131  of  the  Treaty  on  the  Functioning  of  the  European  Union, 

each  Member  State  shall  ensure  that  its  national  legislation,  including  the  statutes  of  its  national 

central  bank,  is  compatible  with  these  Treaties  and  this  Statute. 

15.3. 
In  accordance  with  Article  284(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
the  ECB  shall  address  an  annual  report  on  the  activities  of  the  ESCB  and  on  the  monetary  policy  of 
both  the  previous and  the  current  year to  the  European  Parliament,  the  Council  and  the  Commission, 
and  also  to  the  European  Council. 

15.4. 
parties  free  of  charge. 

The  reports  and  statements  referred  to  in  this  Article  shall  be  made  available  to  interested 

Article  16 

Banknotes 

In  accordance  with  Article  128(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the 
Governing  Council  shall  have  the  exclusive  right  to  authorise  the  issue  of  euro  banknotes  within  the 
Union.  The  ECB  and  the  national  central  banks  may  issue  such  notes.  The  banknotes  issued  by  the 
ECB  and  the  national  central  banks  shall  be  the  only  such  notes  to  have  the  status  of  legal  tender 
within  the  Union. 

14.2. 

The  statutes  of  the  national  central  banks  shall,  in  particular,  provide  that  the  term  of  office 

of  a  Governor  of  a  national  central  bank  shall  be  no  less  than  five  years.

The  ECB  shall  respect  as  far  as  possible  existing  practices  regarding  the  issue  and  design  of  bank­
notes.

Consolidated version of the treaty on european unionProtocols 
 
C  202/238 
238238

EN 

Official Journal of the European Union 

7.6.2016

MONETARY  FUNCTIONS  AND  OPERATIONS  OF  THE  ESCB 

CHAPTER  IV 

Article  17 

Accounts  with  the  ECB  and  the  national  central  banks 

In  order  to  conduct  their  operations,  the  ECB  and  the  national  central  banks  may  open  accounts  for 
credit  institutions,  public  entities  and  other  market  participants  and  accept  assets,  including  book 
entry  securities,  as  collateral. 

Article  18 

Open  market  and  credit  operations 

18.1. 
national  central  banks  may: 

In  order  to  achieve  the  objectives  of  the  ESCB  and  to  carry  out  its  tasks,  the  ECB  and  the 

—  operate  in  the  financial  markets  by  buying  and  selling  outright  (spot  and  forward)  or  under 
repurchase  agreement  and  by  lending  or  borrowing  claims  and  marketable  instruments,  whether 
in  euro  or  other  currencies,  as  well  as  precious  metals; 

—  conduct  credit  operations  with  credit  institutions  and  other  market  participants,  with  lending 

being  based  on  adequate  collateral. 

18.2. 
The  ECB  shall  establish  general  principles  for  open  market  and  credit  operations  carried  out 
by  itself  or  the  national  central  banks,  including  for  the  announcement  of  conditions  under  which 
they  stand  ready  to  enter  into  such  transactions. 

Article  19 

Minimum  reserves 

19.1. 
Subject  to  Article  2,  the  ECB  may  require  credit  institutions  established  in  Member  States  to 
hold  minimum  reserve  on  accounts  with  the  ECB  and  national  central  banks  in  pursuance  of 
monetary  policy  objectives.  Regulations  concerning  the  calculation  and  determination  of  the 
required  minimum  reserves  may  be  established  by  the  Governing  Council.  In  cases  of  non- 
compliance  the  ECB  shall  be  entitled  to  levy  penalty  interest  and  to  impose  other  sanctions  with 
comparable  effect. 

19.2. 
For  the  application  of  this  Article,  the  Council  shall,  in  accordance  with  the  procedure  laid 
down  in  Article  41,  define  the  basis  for  minimum  reserves  and  the  maximum  permissible  ratios 
between  those  reserves  and  their  basis,  as  well  as  the  appropriate  sanctions  in  cases  of  non- 
compliance.

Consolidated TreatiesConsolidated Treaties 
C  202/238 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/239
239239

MONETARY  FUNCTIONS  AND  OPERATIONS  OF  THE  ESCB 

CHAPTER  IV 

Article  17 

Accounts  with  the  ECB  and  the  national  central  banks 

In  order  to  conduct  their  operations,  the  ECB  and  the  national  central  banks  may  open  accounts  for 

credit  institutions,  public  entities  and  other  market  participants  and  accept  assets,  including  book 

entry  securities,  as  collateral. 

Article  20 

Other  instruments  of  monetary  control 

The  Governing  Council  may,  by  a  majority  of  two  thirds  of  the  votes  cast,  decide  upon  the  use  of 
such  other  operational  methods  of  monetary  control  as  it  sees  fit,  respecting  Article  2. 

The  Council  shall,  in  accordance  with  the  procedure  laid  down  in  Article  41,  define  the  scope  of 
such  methods  if  they  impose  obligations  on  third  parties. 

Article  18 

Open  market  and  credit  operations 

18.1. 

In  order  to  achieve  the  objectives  of  the  ESCB  and  to  carry  out  its  tasks,  the  ECB  and  the 

national  central  banks  may: 

—  operate  in  the  financial  markets  by  buying  and  selling  outright  (spot  and  forward)  or  under 

repurchase  agreement  and  by  lending  or  borrowing  claims  and  marketable  instruments,  whether 

in  euro  or  other  currencies,  as  well  as  precious  metals; 

—  conduct  credit  operations  with  credit  institutions  and  other  market  participants,  with  lending 

being  based  on  adequate  collateral. 

18.2. 

The  ECB  shall  establish  general  principles  for  open  market  and  credit  operations  carried  out 

by  itself  or  the  national  central  banks,  including  for  the  announcement  of  conditions  under  which 

they  stand  ready  to  enter  into  such  transactions. 

Article  19 

Minimum  reserves 

19.1. 

Subject  to  Article  2,  the  ECB  may  require  credit  institutions  established  in  Member  States  to 

hold  minimum  reserve  on  accounts  with  the  ECB  and  national  central  banks  in  pursuance  of 

monetary  policy  objectives.  Regulations  concerning  the  calculation  and  determination  of  the 

required  minimum  reserves  may  be  established  by  the  Governing  Council.  In  cases  of  non- 

compliance  the  ECB  shall  be  entitled  to  levy  penalty  interest  and  to  impose  other  sanctions  with 

comparable  effect. 

Article  21 

Operations  with  public  entities 

21.1. 
In  accordance  with  Article  123  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
overdrafts  or  any  other  type  of  credit  facility  with  the  ECB  or  with  the  national  central  banks  in 
favour  of  Union  institutions,  bodies,  offices  or  agencies,  central  governments,  regional,  local  or  other 
public  authorities,  other  bodies  governed  by  public  law,  or  public  undertakings  of  Member  States 
shall  be  prohibited,  as  shall  the  purchase  directly  from  them  by  the  ECB  or  national  central  banks  of 
debt  instruments. 

21.2. 
Article  21.1. 

The  ECB  and  national  central  banks  may  act  as  fiscal  agents  for  the  entities  referred  to  in 

21.3. 
The  provisions  of  this  Article  shall  not  apply  to  publicly  owned  credit  institutions  which,  in 
the  context  of  the  supply  of  reserves  by  central  banks,  shall  be  given  the  same  treatment  by  national 
central  banks  and  the  ECB  as  private  credit  institutions. 

Article  22 

Clearing  and  payment  systems 

The  ECB  and  national  central  banks  may  provide  facilities,  and  the  ECB  may  make  regulations,  to 
ensure  efficient  and  sound  clearing  and  payment  systems  within  the  Union  and  with  other  countries. 

The  ECB  and  national  central  banks  may: 

Article  23 

External  operations 

—  establish  relations  with  central  banks  and  financial  institutions  in  other  countries  and,  where 

appropriate,  with  international  organisations; 

19.2. 

For  the  application  of  this  Article,  the  Council  shall,  in  accordance  with  the  procedure  laid 

down  in  Article  41,  define  the  basis  for  minimum  reserves  and  the  maximum  permissible  ratios 

between  those  reserves  and  their  basis,  as  well  as  the  appropriate  sanctions  in  cases  of  non- 

compliance.

—  acquire  and  sell  spot  and  forward  all  types  of  foreign  exchange  assets  and  precious  metals;  the 
term  "foreign  exchange  asset"  shall  include  securities  and  all  other  assets  in  the  currency  of  any 
country  or  units  of  account  and  in  whatever  form  held;

Consolidated version of the treaty on european unionProtocols 
 
C  202/240 
240240

EN 

Official Journal of the European Union 

7.6.2016

—  hold  and  manage  the  assets  referred  to  in  this  Article; 

—  conduct  all  types  of  banking  transactions  in  relations  with  third  countries  and  international 

organisations,  including  borrowing  and  lending  operations. 

Article  24 

Other  operations 

In  addition  to  operations  arising  from  their  tasks,  the  ECB  and  national  central  banks  may  enter  into 
operations  for  their  administrative  purposes  or  for  their  staff. 

CHAPTER  V 

PRUDENTIAL  SUPERVISION 

Article  25 

Prudential  supervision 

25.1. 
The  ECB  may  offer  advice  to  and  be  consulted  by  the  Council,  the  Commission  and  the 
competent  authorities  of  the  Member  States  on  the  scope  and  implementation  of  Union  legislation 
relating  to  the  prudential  supervision  of  credit  institutions  and  to  the  stability  of  the  financial  system. 

25.2. 
In  accordance  with  any  regulation  of  the  Council  under  Article  127(6)  of  the  Treaty  on  the 
Functioning  of  the  European  Union,  the  ECB  may  perform  specific  tasks  concerning  policies  relating 
to  the  prudential  supervision  of  credit  institutions  and  other  financial  institutions  with  the  exception 
of  insurance  undertakings. 

CHAPTER  VI 

FINANCIAL  PROVISIONS  OF  THE  ESCB 

Article  26 

Financial  accounts 

26.1. 
January  and  end  on  the  last  day  of  December. 

The  financial  year  of  the  ECB  and  national  central  banks  shall  begin  on  the  first  day  of 

26.2. 
The  annual  accounts  of  the  ECB  shall  be  drawn  up  by  the  Executive  Board,  in  accordance 
with  the  principles  established  by  the  Governing  Council.  The  accounts  shall  be  approved  by  the 
Governing  Council  and  shall  thereafter  be  published. 

26.3. 
For  analytical  and  operational  purposes,  the  Executive  Board  shall  draw  up  a  consolidated 
balance  sheet  of  the  ESCB,  comprising  those  assets  and  liabilities  of  the  national  central  banks  that 
fall  within  the  ESCB.

Consolidated TreatiesConsolidated Treaties 
Article  24 

Other  operations 

CHAPTER  V 

PRUDENTIAL  SUPERVISION 

Article  25 

Prudential  supervision 

C  202/240 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/241
241241

—  hold  and  manage  the  assets  referred  to  in  this  Article; 

—  conduct  all  types  of  banking  transactions  in  relations  with  third  countries  and  international 

organisations,  including  borrowing  and  lending  operations. 

26.4. 
For  the  application  of  this  Article,  the  Governing  Council  shall  establish  the  necessary  rules 
for  standardising  the  accounting  and  reporting  of  operations  undertaken  by  the  national  central 
banks. 

In  addition  to  operations  arising  from  their  tasks,  the  ECB  and  national  central  banks  may  enter  into 

operations  for  their  administrative  purposes  or  for  their  staff. 

27.1. 
The  accounts  of  the  ECB  and  national  central  banks  shall  be  audited  by  independent 
external  auditors  recommended  by  the  Governing  Council  and  approved  by  the  Council.  The 
auditors  shall  have  full  power  to  examine  all  books  and  accounts  of  the  ECB  and  national  central 
banks  and  obtain  full  information  about  their  transactions. 

Article  27 

Auditing 

27.2. 
only  apply  to  an  examination  of  the  operational  efficiency  of  the  management  of  the  ECB. 

The provisions  of  Article  287  of  the  Treaty on  the  Functioning  of  the  European  Union  shall 

25.1. 

The  ECB  may  offer  advice  to  and  be  consulted  by  the  Council,  the  Commission  and  the 

competent  authorities  of  the  Member  States  on  the  scope  and  implementation  of  Union  legislation 

relating  to  the  prudential  supervision  of  credit  institutions  and  to  the  stability  of  the  financial  system. 

Article  28 

Capital  of  the  ECB 

25.2. 

In  accordance  with  any  regulation  of  the  Council  under  Article  127(6)  of  the  Treaty  on  the 

Functioning  of  the  European  Union,  the  ECB  may  perform  specific  tasks  concerning  policies  relating 

to  the  prudential  supervision  of  credit  institutions  and  other  financial  institutions  with  the  exception 

of  insurance  undertakings. 

CHAPTER  VI 

FINANCIAL  PROVISIONS  OF  THE  ESCB 

Article  26 

Financial  accounts 

26.1. 

The  financial  year  of  the  ECB  and  national  central  banks  shall  begin  on  the  first  day  of 

January  and  end  on  the  last  day  of  December. 

26.2. 

The  annual  accounts  of  the  ECB  shall  be  drawn  up  by  the  Executive  Board,  in  accordance 

with  the  principles  established  by  the  Governing  Council.  The  accounts  shall  be  approved  by  the 

Governing  Council  and  shall  thereafter  be  published. 

The  capital  of  the  ECB  shall  be  euro  5 000 million.  The  capital  may  be  increased  by  such 
28.1. 
amounts  as  may  be  decided  by  the  Governing  Council  acting  by  the  qualified  majority  provided  for 
in  Article  10.3,  within  the  limits  and  under  the  conditions  set  by  the  Council  under  the  procedure 
laid  down  in  Article  41. 

28.2. 
The  national  central  banks  shall  be  the  sole  subscribers  to  and  holders  of  the  capital  of  the 
ECB.  The  subscription  of  capital  shall  be  according  to  the  key  established  in  accordance  with 
Article  29. 

28.3. 
determine  the  extent  to  which  and  the  form  in  which  the  capital  shall  be  paid  up. 

The  Governing  Council,  acting  by  the  qualified  majority  provided  for  in  Article  10.3,  shall 

28.4. 
the  ECB  may  not  be  transferred,  pledged  or  attached. 

Subject  to  Article  28.5,  the  shares  of  the  national  central  banks  in  the  subscribed  capital  of 

26.3. 

For  analytical  and  operational  purposes,  the  Executive  Board  shall  draw  up  a  consolidated 

balance  sheet  of  the  ESCB,  comprising  those  assets  and  liabilities  of  the  national  central  banks  that 

fall  within  the  ESCB.

28.5. 
If  the  key  referred  to  in  Article  29  is  adjusted,  the  national  central  banks  shall  transfer 
among  themselves  capital  shares  to  the  extent  necessary  to  ensure  that  the  distribution  of  capital 
shares  corresponds  to  the  adjusted  key.  The  Governing  Council  shall  determine  the  terms  and 
conditions  of  such  transfers.

Consolidated version of the treaty on european unionProtocols 
 
C  202/242 
242242

EN 

Official Journal of the European Union 

7.6.2016

Article  29 

Key  for  capital  subscription 

29.1. 
The  key  for  subscription of  the  ECB's  capital, fixed  for  the  first  time  in  1998  when  the  ESCB 
was  established,  shall  be  determined  by  assigning  to  each  national  central  bank  a  weighting  in  this 
key  equal  to  the  sum  of: 

—  50 %  of  the  share  of  its  respective  Member  State  in  the  population  of  the  Union  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  Union  as  recorded  in  the  last  five  years  preceding  the  penultimate  year  before  the 
establishment  of  the  ESCB. 

The  percentages  shall  be  rounded  up  or  down  to  the  nearest  multiple  of  0,0001  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  41. 

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. 
Article. 

The  Governing  Council  shall  take  all  other  measures  necessary  for  the  application  of  this 

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,  euro,  IMF  reserve  positions  and 
SDRs,  up  to  an  amount  equivalent  to  euro  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  subscribed  capital  of  the  ECB. 

The  contributions  of  each  national  central  bank  shall  be  fixed  in  proportion  to  its  share  in 

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  41.

Consolidated TreatiesConsolidated Treaties 
C  202/242 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/243
243243

Article  29 

Key  for  capital  subscription 

30.5. 
of  such  assets. 

The  ECB  may  hold  and  manage  IMF  reserve  positions  and  SDRs  and  provide  for  the  pooling 

29.1. 

The  key  for  subscription of  the  ECB's  capital, fixed  for  the  first  time  in  1998  when  the  ESCB 

was  established,  shall  be  determined  by  assigning  to  each  national  central  bank  a  weighting  in  this 

key  equal  to  the  sum  of: 

30.6. 
Article. 

The  Governing  Council  shall  take  all  other  measures  necessary  for  the  application  of  this 

—  50 %  of  the  share  of  its  respective  Member  State  in  the  population  of  the  Union  in  the 

penultimate  year  preceding  the  establishment  of  the  ESCB; 

Article  31 

Foreign  reserve  assets  held  by  national  central  banks 

—  50 %  of  the  share  of  its  respective  Member  State  in  the  gross  domestic  product  at  market  prices 

of  the  Union  as  recorded  in  the  last  five  years  preceding  the  penultimate  year  before  the 

establishment  of  the  ESCB. 

The  percentages  shall  be  rounded  up  or  down  to  the  nearest  multiple  of  0,0001  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  41. 

31.1. 
obligations  towards  international  organisations  in  accordance  with  Article  23. 

The  national  central  banks  shall  be  allowed  to  perform  transactions  in  fulfilment  of  their 

31.2.  All  other  operations  in  foreign  reserve  assets  remaining  with  the  national  central  banks  after 
the  transfers  referred  to  in  Article  30,  and  Member  States'  transactions  with  their  foreign  exchange 
working  balances  shall,  above  a  certain  limit  to  be  established  within  the  framework  of  Article  31.3, 
be  subject  to  approval  by  the  ECB  in  order  to  ensure  consistency  with  the  exchange  rate  and 
monetary  policies  of  the  Union. 

31.3. 

The  Governing  Council  shall  issue  guidelines  with  a  view  to  facilitating  such  operations. 

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. 

Article  32 

Allocation  of  monetary  income  of  national  central  banks 

29.4. 

Article. 

The  Governing  Council  shall  take  all  other  measures  necessary  for  the  application  of  this 

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,  euro,  IMF  reserve  positions  and 

SDRs,  up  to  an  amount  equivalent  to  euro  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  41.

32.1. 
The  income  accruing  to  the  national  central  banks  in  the  performance  of  the  ESCB's 
monetary  policy  function  (hereinafter  referred  to  as  "monetary  income")  shall  be  allocated  at  the 
end  of  each  financial  year  in  accordance  with  the  provisions  of  this  Article. 

32.2. 
The  amount  of  each  national  central  bank's  monetary  income  shall  be  equal  to  its  annual 
income  derived  from  its  assets  held  against  notes  in  circulation  and  deposit  liabilities  to  credit 
institutions.  These  assets  shall  be  earmarked  by  national  central  banks  in  accordance  with  guidelines 
to  be  established  by  the  Governing  Council. 

32.3. 
If,  after  the  introduction  of  the  euro,  the  balance  sheet  structures  of  the  national  central 
banks  do  not,  in  the  judgment  of  the  Governing  Council,  permit  the  application  of  Article  32.2,  the 
Governing  Council,  acting  by  a  qualified  majority,  may  decide  that,  by  way  of  derogation  from 
Article  32.2,  monetary  income  shall  be  measured  according  to  an  alternative  method  for  a  period  of 
not  more  than  five  years. 

32.4. 
The  amount  of  each  national  central  bank's  monetary  income  shall  be  reduced  by  an 
amount  equivalent  to  any  interest  paid  by  that  central  bank  on  its  deposit  liabilities  to  credit 
institutions  in  accordance  with  Article  19. 

The  Governing  Council  may  decide  that  national  central  banks  shall  be  indemnified  against  costs 
incurred  in  connection  with  the  issue  of  banknotes  or  in  exceptional  circumstances  for  specific losses 
arising  from  monetary  policy  operations  undertaken  for  the  ESCB.  Indemnification  shall  be  in  a  form 
deemed  appropriate  in  the  judgment  of  the  Governing  Council;  these  amounts  may  be  offset  against 
the  national  central  banks'  monetary  income.

Consolidated version of the treaty on european unionProtocols 
 
C  202/244 
244244

EN 

Official Journal of the European Union 

7.6.2016

32.5. 
The  sum  of  the  national  central  banks'  monetary  income  shall  be  allocated  to  the  national 
central  banks  in  proportion  to  their  paid  up  shares  in  the  capital  of  the  ECB,  subject  to  any  decision 
taken  by  the  Governing  Council  pursuant  to  Article  33.2. 

32.6. 
The  clearing  and  settlement  of  the  balances  arising  from  the  allocation  of  monetary  income 
shall  be  carried  out  by  the  ECB  in  accordance  with  guidelines  established  by  the  Governing  Council. 

32.7. 
Article. 

The  Governing  Council  shall  take  all  other  measures  necessary  for  the  application  of  this 

Article  33 

Allocation  of  net  profits  and  losses  of  the  ECB 

33.1. 

The  net  profit  of  the  ECB  shall  be  transferred  in  the  following  order: 

(a)  an  amount  to  be  determined  by  the  Governing  Council,  which  may  not  exceed  20 %  of  the  net 
profit,  shall  be  transferred  to  the  general  reserve  fund  subject  to  a  limit  equal  to  100 %  of  the 
capital; 

(b)  the  remaining  net  profit  shall  be  distributed  to  the  shareholders  of  the  ECB  in  proportion  to  their 

paid-up  shares. 

33.2. 
In  the  event  of  a  loss  incurred  by  the  ECB,  the  shortfall  may  be  offset  against  the  general 
reserve  fund  of  the  ECB  and,  if  necessary,  following  a  decision  by  the  Governing  Council,  against  the 
monetary  income  of  the  relevant  financial  year  in  proportion  and  up  to  the  amounts  allocated  to  the 
national  central  banks  in  accordance  with  Article  32.5. 

CHAPTER  VII 

GENERAL  PROVISIONS 

Article  34 

Legal  acts 

34.1. 
the  ECB  shall: 

In  accordance  with  Article  132  of  the  Treaty  on  the  Functioning  of  the  European  Union, 

—  make  regulations  to  the  extent  necessary  to  implement  the  tasks  defined  in  Article  3.1,  first 
indent,  Articles  19.1,  22  or  25.2  and  in  cases  which  shall  be  laid  down  in  the  acts  of  the  Council 
referred  to  in  Article  41; 

—  take  decisions  necessary  for  carrying  out  the  tasks  entrusted  to  the  ESCB  under  these  Treaties  and 

this  Statute; 

—  make  recommendations  and  deliver  opinions. 

34.2. 

The  ECB  may  decide  to  publish  its  decisions,  recommendations  and  opinions.

Consolidated TreatiesConsolidated Treaties 
C  202/244 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/245
245245

32.5. 

The  sum  of  the  national  central  banks'  monetary  income  shall  be  allocated  to  the  national 

central  banks  in  proportion  to  their  paid  up  shares  in  the  capital  of  the  ECB,  subject  to  any  decision 

taken  by  the  Governing  Council  pursuant  to  Article  33.2. 

34.3.  Within  the  limits  and  under  the  conditions  adopted  by  the  Council  under  the  procedure  laid 
down  in  Article  41,  the  ECB  shall  be  entitled  to  impose  fines  or  periodic  penalty  payments  on 
undertakings  for  failure  to  comply  with  obligations  under  its  regulations  and  decisions. 

32.6. 

The  clearing  and  settlement  of  the  balances  arising  from  the  allocation  of  monetary  income 

shall  be  carried  out  by  the  ECB  in  accordance  with  guidelines  established  by  the  Governing  Council. 

32.7. 

Article. 

The  Governing  Council  shall  take  all  other  measures  necessary  for  the  application  of  this 

Article  33 

Allocation  of  net  profits  and  losses  of  the  ECB 

33.1. 

The  net  profit  of  the  ECB  shall  be  transferred  in  the  following  order: 

(a)  an  amount  to  be  determined  by  the  Governing  Council,  which  may  not  exceed  20 %  of  the  net 

profit,  shall  be  transferred  to  the  general  reserve  fund  subject  to  a  limit  equal  to  100 %  of  the 

capital; 

paid-up  shares. 

(b)  the  remaining  net  profit  shall  be  distributed  to  the  shareholders  of  the  ECB  in  proportion  to  their 

33.2. 

In  the  event  of  a  loss  incurred  by  the  ECB,  the  shortfall  may  be  offset  against  the  general 

reserve  fund  of  the  ECB  and,  if  necessary,  following  a  decision  by  the  Governing  Council,  against  the 

monetary  income  of  the  relevant  financial  year  in  proportion  and  up  to  the  amounts  allocated  to  the 

national  central  banks  in  accordance  with  Article  32.5. 

CHAPTER  VII 

GENERAL  PROVISIONS 

Article  34 

Legal  acts 

34.1. 

In  accordance  with  Article  132  of  the  Treaty  on  the  Functioning  of  the  European  Union, 

the  ECB  shall: 

—  make  regulations  to  the  extent  necessary  to  implement  the  tasks  defined  in  Article  3.1,  first 

indent,  Articles  19.1,  22  or  25.2  and  in  cases  which  shall  be  laid  down  in  the  acts  of  the  Council 

referred  to  in  Article  41; 

Article  35 

Judicial  control  and  related  matters 

35.1. 
The  acts  or  omissions  of  the  ECB  shall  be  open  to  review  or  interpretation  by  the  Court  of 
Justice  of  the  European  Union  in  the  cases  and  under  the  conditions  laid  down  in  the  Treaty  on  the 
Functioning  of  the  European  Union.  The  ECB  may  institute  proceedings  in  the  cases  and  under  the 
conditions  laid  down  in  the  Treaties. 

35.2.  Disputes  between  the  ECB,  on  the  one  hand,  and  its  creditors,  debtors  or  any  other  person, 
on  the  other,  shall  be  decided  by  the  competent  national  courts,  save  where  jurisdiction  has  been 
conferred  upon  the  Court  of  Justice  of  the  European  Union. 

35.3. 
The  ECB  shall  be  subject  to  the  liability  regime  provided  for  in  Article  340  of  the  Treaty  on 
the  Functioning  of  the  European  Union.  The  national  central  banks  shall  be  liable  according  to  their 
respective  national  laws. 

The  Court  of  Justice  of  the  European  Union  shall  have  jurisdiction  to  give  judgment 
35.4. 
pursuant  to  any  arbitration  clause  contained  in  a  contract  concluded  by  or  on  behalf  of  the  ECB, 
whether  that  contract  be  governed  by  public  or  private  law. 

35.5.  A  decision  of  the  ECB  to  bring  an  action  before  the  Court  of  Justice  of  the  European  Union 
shall  be  taken  by  the  Governing  Council. 

The  Court  of  Justice  of  the  European  Union  shall  have  jurisdiction  in  disputes  concerning 
35.6. 
the  fulfilment  by  a  national  central  bank  of  obligations  under  the  Treaties  and  this  Statute.  If  the  ECB 
considers  that  a  national  central  bank  has  failed  to  fulfil  an  obligation  under  the  Treaties  and  this 
Statute,  it  shall  deliver  a  reasoned  opinion  on  the  matter  after  giving  the  national  central  bank 
concerned  the  opportunity  to  submit  its  observations.  If  the  national  central  bank  concerned  does 
not  comply  with  the  opinion  within  the  period  laid  down  by  the  ECB,  the  latter  may  bring  the 
matter  before  the  Court  of  Justice  of  the  European  Union. 

Article  36 

Staff 

—  take  decisions  necessary  for  carrying  out  the  tasks  entrusted  to  the  ESCB  under  these  Treaties  and 

this  Statute; 

36.1. 
conditions  of  employment  of  the  staff  of  the  ECB. 

The  Governing  Council,  on  a  proposal  from  the  Executive  Board,  shall  lay  down  the 

—  make  recommendations  and  deliver  opinions. 

34.2. 

The  ECB  may  decide  to  publish  its  decisions,  recommendations  and  opinions.

36.2. 
The  Court  of  Justice  of  the  European  Union  shall  have  jurisdiction  in  any  dispute  between 
the  ECB  and  its  servants  within  the  limits  and  under  the  conditions  laid  down  in  the  conditions  of 
employment.

Consolidated version of the treaty on european unionProtocols 
 
C  202/246 
246246

EN 

Official Journal of the European Union 

7.6.2016

Article  37  (ex  Article  38) 

Professional  secrecy 

37.1.  Members  of  the  governing  bodies  and  the  staff  of  the  ECB  and  the  national  central  banks 
shall  be  required,  even  after  their  duties  have  ceased,  not  to  disclose  information  of  the  kind  covered 
by  the  obligation  of  professional  secrecy. 

37.2. 
secrecy  shall  be  subject  to  such  legislation. 

Persons  having  access  to  data  covered  by  Union  legislation  imposing  an  obligation  of 

Article  38  (ex  Article  39) 

Signatories 

The  ECB  shall  be  legally  committed  to  third  parties  by  the  President  or  by  two  members  of  the 
Executive  Board  or  by  the  signatures  of  two  members  of  the  staff  of  the  ECB  who  have  been  duly 
authorised  by  the  President  to  sign  on  behalf  of  the  ECB. 

Article  39  (ex  Article  40) 

Privileges  and  immunities 

The  ECB  shall  enjoy  in  the  territories  of  the  Member  States  such  privileges  and  immunities  as  are 
necessary  for  the  performance  of  its  tasks,  under  the  conditions  laid  down  in  the  Protocol  on  the 
privileges  and  immunities  of  the  European  Union. 

AMENDMENT  OF  THE  STATUTE  AND  COMPLEMENTARY  LEGISLATION 

CHAPTER  VIII 

Article  40  (ex  Article  41) 

Simplified  amendment  procedure 

40.1. 
In  accordance  with  Article  129(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
Articles  5.1,  5.2,  5.3,  17,  18,  19.1,  22,  23,  24,  26,  32.2,  32.3,  32.4,  32.6,  33.1(a)  and  36  of  this 
Statute  may  be  amended  by  the  European  Parliament  and  the  Council,  acting  in  accordance  with  the 
ordinary  legislative  procedure  either  on  a  recommendation  from  the  ECB  and  after  consulting  the 
Commission,  or  on  a  proposal  from  the  Commission  and  after  consulting  the  ECB. 

40.2.  Article  10.2  may  be  amended  by  a  decision  of  the  European  Council,  acting  unanimously, 
either  on  a  recommendation  from  the  European  Central  Bank  and  after  consulting  the  European 
Parliament  and  the  Commission,  or  on  a  recommendation  from  the  Commission  and  after consulting 
the  European  Parliament  and  the  European  Central  Bank.  These  amendments  shall  not  enter  into 
force  until  they  are  approved  by  the  Member  States  in  accordance  with  their  respective  constitutional 
requirements.

Consolidated TreatiesConsolidated Treaties 
C  202/246 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/247
247247

Article  37  (ex  Article  38) 

Professional  secrecy 

40.3.  A  recommendation  made  by  the  ECB  under  this  Article  shall  require  a  unanimous  decision 
by  the  Governing  Council. 

37.1.  Members  of  the  governing  bodies  and  the  staff  of  the  ECB  and  the  national  central  banks 

shall  be  required,  even  after  their  duties  have  ceased,  not  to  disclose  information  of  the  kind  covered 

by  the  obligation  of  professional  secrecy. 

37.2. 

Persons  having  access  to  data  covered  by  Union  legislation  imposing  an  obligation  of 

secrecy  shall  be  subject  to  such  legislation. 

The  ECB  shall  be  legally  committed  to  third  parties  by  the  President  or  by  two  members  of  the 

Executive  Board  or  by  the  signatures  of  two  members  of  the  staff  of  the  ECB  who  have  been  duly 

authorised  by  the  President  to  sign  on  behalf  of  the  ECB. 

Article  38  (ex  Article  39) 

Signatories 

Article  39  (ex  Article  40) 

Privileges  and  immunities 

The  ECB  shall  enjoy  in  the  territories  of  the  Member  States  such  privileges  and  immunities  as  are 

necessary  for  the  performance  of  its  tasks,  under  the  conditions  laid  down  in  the  Protocol  on  the 

privileges  and  immunities  of  the  European  Union. 

AMENDMENT  OF  THE  STATUTE  AND  COMPLEMENTARY  LEGISLATION 

CHAPTER  VIII 

Article  40  (ex  Article  41) 

Simplified  amendment  procedure 

40.1. 

In  accordance  with  Article  129(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union, 

Articles  5.1,  5.2,  5.3,  17,  18,  19.1,  22,  23,  24,  26,  32.2,  32.3,  32.4,  32.6,  33.1(a)  and  36  of  this 

Statute  may  be  amended  by  the  European  Parliament  and  the  Council,  acting  in  accordance  with  the 

ordinary  legislative  procedure  either  on  a  recommendation  from  the  ECB  and  after  consulting  the 

Commission,  or  on  a  proposal  from  the  Commission  and  after  consulting  the  ECB. 

Article  41  (ex  Article  42) 

Complementary  legislation 

In  accordance  with  Article  129(4)  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the 
Council,  either  on  a  proposal  from  the  Commission  and  after  consulting  the  European  Parliament 
and  the  ECB  or  on  a  recommendation  from  the  ECB  and  after  consulting  the  European  Parliament 
and  the  Commission,  shall  adopt  the  provisions  referred  to  in  Articles  4,  5.4,  19.2,  20,  28.1,  29.2, 
30.4  and  34.3  of  this  Statute. 

TRANSITIONAL  AND  OTHER  PROVISIONS  FOR  THE  ESCB 

CHAPTER  IX 

Article  42  (ex  Article  43) 

General  provisions 

42.1.  A  derogation  as  referred to  in  Article  139  of  the  Treaty on  the  Functioning  of  the  European 
Union  shall  entail  that  the  following  Articles of  this  Statute  shall  not  confer  any  rights  or  impose  any 
obligations  on  the  Member  State  concerned:  3,  6,  9.2,  12.1,  14.3,  16,  18,  19,  20,  22,  23,  26.2,  27, 
30,  31,  32,  33,  34,  and  49. 

The  central  banks  of  Member  States  with  a  derogation  as  specified  in  Article  139(1)  of  the 
42.2. 
Treaty  on  the  Functioning  of  the  European  Union  shall  retain  their  powers  in  the  field  of  monetary 
policy  according  to  national  law. 

42.3. 
In  accordance  with  Article  139  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
"Member  States"  shall  be  read  as  "Member  States  whose  currency  is  the  euro"  in  the  following 
Articles  of  this  Statute:  3,  11.2  and  19. 

42.4. 
"National  central  banks"  shall  be  read  as "central  banks  of  Member  States  whose  currency  is 
the  euro"  in  the  following  Articles  of  this  Statute:  9.2,  10.2,  10.3,  12.1,  16,  17,  18,  22,  23,  27,  30, 
31,  32,  33.2  and  49. 

40.2.  Article  10.2  may  be  amended  by  a  decision  of  the  European  Council,  acting  unanimously, 

either  on  a  recommendation  from  the  European  Central  Bank  and  after  consulting  the  European 

Parliament  and  the  Commission,  or  on  a  recommendation  from  the  Commission  and  after consulting 

the  European  Parliament  and  the  European  Central  Bank.  These  amendments  shall  not  enter  into 

force  until  they  are  approved  by  the  Member  States  in  accordance  with  their  respective  constitutional 

requirements.

42.5. 
in  Articles  10.3  and  33.1. 

"Shareholders"  shall  be  read  as "central  banks  of  Member  States  whose  currency  is  the  euro" 

42.6. 
banks  of  Member  States  whose  currency  is  the  euro"  in  Articles  10.3  and  30.2.

"Subscribed  capital  of  the  ECB"  shall  be  read  as "capital  of  the  ECB  subscribed  by  the  central 

Consolidated version of the treaty on european unionProtocols 
 
C  202/248 
248248

EN 

Official Journal of the European Union 

7.6.2016

Article  43  (ex  Article  44) 

Transitional  tasks  of  the  ECB 

The  ECB  shall  take  over  the  former  tasks  of  the  EMI  referred  to  in  Article  141(2)  of  the  Treaty  on 
the  Functioning  of  the  European  Union  which,  because  of  the  derogations  of  one  or  more  Member 
States,  still  have  to  be  performed  after  the  introduction  of  the  euro. 

The  ECB  shall  give  advice  in  the  preparations  for  the  abrogation  of  the  derogations  specified  in 
Article  140  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

Article  44  (ex  Article  45) 

The  General  Council  of  the  ECB 

44.1.  Without  prejudice  to  Article  129(1)  of  the  Treaty  on  the  Functioning  of  the  European 
Union,  the  General  Council  shall  be  constituted  as  a  third  decision-making  body  of  the  ECB. 

44.2. 
The  General  Council  shall  comprise  the  President  and  Vice-President  of  the  ECB  and  the 
Governors  of  the  national  central  banks.  The  other  members  of  the  Executive  Board  may  participate, 
without  having  the  right  to  vote,  in  meetings  of  the  General  Council. 

44.3. 

The  responsibilities  of  the  General  Council  are  listed  in  full  in  Article  46  of  this  Statute. 

Article  45  (ex  Article  46) 

Rules  of  Procedure  of  the  General  Council 

45.1. 
Council  of  the  ECB. 

The  President  or,  in  his  absence,  the  Vice-President  of  the  ECB  shall  chair  the  General 

45.2. 
having  the  right  to  vote,  in  meetings  of  the  General  Council. 

The  President  of  the  Council  and  a  Member  of  the  Commission  may  participate,  without 

45.3. 

The  President  shall  prepare  the  meetings  of  the  General  Council. 

45.4. 
Procedure. 

By  way  of  derogation  from  Article  12.3,  the  General  Council  shall  adopt  its  Rules  of 

45.5. 

The  Secretariat  of  the  General  Council  shall  be  provided  by  the  ECB. 

Article  46  (ex  Article  47) 

Responsibilities  of  the  General  Council 

46.1. 

The  General  Council  shall: 

—  perform  the  tasks  referred  to  in  Article  43; 

—  contribute  to  the  advisory  functions  referred  to  in  Articles  4  and  25.1.

Consolidated TreatiesConsolidated Treaties 
C  202/248 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/249
249249

Article  43  (ex  Article  44) 

Transitional  tasks  of  the  ECB 

The  ECB  shall  take  over  the  former  tasks  of  the  EMI  referred  to  in  Article  141(2)  of  the  Treaty  on 

the  Functioning  of  the  European  Union  which,  because  of  the  derogations  of  one  or  more  Member 

States,  still  have  to  be  performed  after  the  introduction  of  the  euro. 

46.2. 

The  General  Council  shall  contribute  to: 

—  the  collection  of  statistical  information  as  referred  to  in  Article  5; 

—  the  reporting  activities  of  the  ECB  as  referred  to  in  Article  15; 

The  ECB  shall  give  advice  in  the  preparations  for  the  abrogation  of  the  derogations  specified  in 

Article  140  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

—  the  establishment  of  the  necessary  rules  for  the  application  of  Article  26  as  referred  to  in 

Article  26.4; 

Article  44  (ex  Article  45) 

The  General  Council  of  the  ECB 

—  the  taking  of  all  other  measures  necessary  for  the  application  of  Article  29  as  referred  to  in 

Article  29.4; 

44.1.  Without  prejudice  to  Article  129(1)  of  the  Treaty  on  the  Functioning  of  the  European 

Union,  the  General  Council  shall  be  constituted  as  a  third  decision-making  body  of  the  ECB. 

—  the  laying  down  of  the  conditions  of  employment  of  the  staff  of  the  ECB  as  referred  to  in 

Article  36. 

44.2. 

The  General  Council  shall  comprise  the  President  and  Vice-President  of  the  ECB  and  the 

Governors  of  the  national  central  banks.  The  other  members  of  the  Executive  Board  may  participate, 

without  having  the  right  to  vote,  in  meetings  of  the  General  Council. 

46.3. 
The  General  Council  shall  contribute  to  the  necessary  preparations  for  irrevocably  fixing  the 
exchange  rates of  the  currencies of  Member  States  with a  derogation  against  the  euro  as referred to  in 
Article  140(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

44.3. 

The  responsibilities  of  the  General  Council  are  listed  in  full  in  Article  46  of  this  Statute. 

46.4. 
Governing  Council. 

The  General  Council  shall  be  informed  by  the  President  of  the  ECB  of  decisions  of  the 

Article  45  (ex  Article  46) 

Rules  of  Procedure  of  the  General  Council 

45.1. 

The  President  or,  in  his  absence,  the  Vice-President  of  the  ECB  shall  chair  the  General 

Council  of  the  ECB. 

45.2. 

The  President  of  the  Council  and  a  Member  of  the  Commission  may  participate,  without 

having  the  right  to  vote,  in  meetings  of  the  General  Council. 

45.3. 

The  President  shall  prepare  the  meetings  of  the  General  Council. 

Article  47  (ex  Article  48) 

Transitional  provisions  for  the  capital  of  the  ECB 

In  accordance  with  Article  29.1,  each  national  central  bank  shall  be  assigned  a  weighting  in  the  key 
for  subscription  of  the  ECB's  capital.  By  way  of  derogation  from  Article  28.3,  central  banks  of 
Member  States  with  a  derogation  shall  not  pay  up  their subscribed  capital  unless  the  General  Council, 
acting  by  a  majority  representing  at  least  two  thirds  of  the  subscribed  capital  of  the  ECB  and  at  least 
half  of  the  shareholders,  decides  that  a  minimal  percentage  has  to  be  paid  up  as  a  contribution  to  the 
operational  costs  of  the  ECB. 

Article  48  (ex  Article  49) 

45.4. 

By  way  of  derogation  from  Article  12.3,  the  General  Council  shall  adopt  its  Rules  of 

Deferred  payment  of  capital,  reserves  and  provisions  of  the  ECB 

Procedure. 

45.5. 

The  Secretariat  of  the  General  Council  shall  be  provided  by  the  ECB. 

Article  46  (ex  Article  47) 

Responsibilities  of  the  General  Council 

46.1. 

The  General  Council  shall: 

—  perform  the  tasks  referred  to  in  Article  43; 

—  contribute  to  the  advisory  functions  referred  to  in  Articles  4  and  25.1.

48.1. 
The  central  bank  of  a  Member  State  whose  derogation  has  been  abrogated  shall  pay  up  its 
subscribed  share  of  the  capital  of  the  ECB  to  the  same  extent  as  the  central  banks  of  other  Member 
States  whose  currency  is  the  euro,  and  shall  transfer  to  the  ECB  foreign  reserve  assets  in  accordance 
with  Article  30.1.  The  sum  to  be  transferred  shall  be  determined  by  multiplying  the  euro  value  at 
current  exchange  rates  of  the  foreign  reserve assets  which have already been  transferred  to  the  ECB  in 
accordance  with  Article  30.1,  by  the  ratio  between  the  number  of  shares  subscribed  by  the  national 
central  bank  concerned  and  the  number  of  shares  already  paid  up  by  the  other  national  central 
banks. 

48.2. 
In  addition  to  the  payment  to  be  made  in  accordance  with  Article  48.1,  the  central  bank 
concerned  shall  contribute  to  the  reserves  of  the  ECB,  to  those  provisions  equivalent  to  reserves,  and 
to  the  amount  still  to  be  appropriated  to  the  reserves  and  provisions  corresponding  to  the  balance  of 
the  profit  and  loss  account  as  at  31  December  of  the  year  prior  to  the  abrogation  of  the  derogation.

Consolidated version of the treaty on european unionProtocols 
 
C  202/250 
250250

EN 

Official Journal of the European Union 

7.6.2016

The  sum  to  be  contributed  shall  be  determined  by  multiplying  the  amount  of  the  reserves,  as  defined 
above  and  as  stated  in  the  approved  balance  sheet  of  the  ECB,  by  the  ratio  between  the  number  of 
shares  subscribed  by  the  central  bank  concerned  and  the  number  of  shares  already  paid  up  by  the 
other  central  banks. 

48.3.  Upon  one  or  more  countries  becoming  Member  States  and  their  respective  national  central 
banks  becoming  part  of  the  ESCB,  the  subscribed  capital  of  the  ECB  and  the  limit  on  the  amount  of 
foreign  reserve  assets  that  may  be  transferred  to  the  ECB  shall  be  automatically  increased.  The 
increase  shall  be  determined  by  multiplying  the  respective  amounts  then  prevailing  by  the  ratio, 
within  the  expanded  capital  key,  between  the  weighting  of  the  entering  national  central  banks 
concerned  and  the  weighting  of  the  national  central  banks  already  members  of  the  ESCB.  Each 
national  central  bank's  weighting  in  the  capital  key  shall  be  calculated  by  analogy  with  Article  29.1 
and  in  compliance  with  Article  29.2.  The  reference  periods  to  be  used  for  the  statistical data  shall  be 
identical  to  those  applied  for  the 
latest  quinquennial  adjustment  of  the  weightings  under 
Article  29.3. 

Article  49  (ex  Article  52) 

Exchange  of  banknotes  in  the  currencies  of  the  Member  States 

Following  the  irrevocable  fixing  of  exchange  rates  in  accordance  with  Article  140  of  the  Treaty  on 
the  Functioning  of  the  European  Union,  the  Governing  Council  shall  take  the  necessary  measures  to 
ensure  that  banknotes  denominated  in  currencies with  irrevocably fixed exchange  rates  are  exchanged 
by  the  national  central  banks  at  their  respective  par  values. 

Article  50  (ex  Article  53) 

Applicability  of  the  transitional  provisions 

If  and  as  long  as  there  are  Member  States  with  a  derogation,  Articles  42  to  47  shall  be  applicable.

Consolidated TreatiesConsolidated Treaties 
The  sum  to  be  contributed  shall  be  determined  by  multiplying  the  amount  of  the  reserves,  as  defined 

above  and  as  stated  in  the  approved  balance  sheet  of  the  ECB,  by  the  ratio  between  the  number  of 

shares  subscribed  by  the  central  bank  concerned  and  the  number  of  shares  already  paid  up  by  the 

other  central  banks. 

48.3.  Upon  one  or  more  countries  becoming  Member  States  and  their  respective  national  central 

banks  becoming  part  of  the  ESCB,  the  subscribed  capital  of  the  ECB  and  the  limit  on  the  amount  of 

foreign  reserve  assets  that  may  be  transferred  to  the  ECB  shall  be  automatically  increased.  The 

increase  shall  be  determined  by  multiplying  the  respective  amounts  then  prevailing  by  the  ratio, 

within  the  expanded  capital  key,  between  the  weighting  of  the  entering  national  central  banks 

concerned  and  the  weighting  of  the  national  central  banks  already  members  of  the  ESCB.  Each 

national  central  bank's  weighting  in  the  capital  key  shall  be  calculated  by  analogy  with  Article  29.1 

and  in  compliance  with  Article  29.2.  The  reference  periods  to  be  used  for  the  statistical data  shall  be 

identical  to  those  applied  for  the 

latest  quinquennial  adjustment  of  the  weightings  under 

Article  29.3. 

Article  49  (ex  Article  52) 

Exchange  of  banknotes  in  the  currencies  of  the  Member  States 

Following  the  irrevocable  fixing  of  exchange  rates  in  accordance  with  Article  140  of  the  Treaty  on 

the  Functioning  of  the  European  Union,  the  Governing  Council  shall  take  the  necessary  measures  to 

ensure  that  banknotes  denominated  in  currencies with  irrevocably fixed exchange  rates  are  exchanged 

by  the  national  central  banks  at  their  respective  par  values. 

Article  50  (ex  Article  53) 

Applicability  of  the  transitional  provisions 

If  and  as  long  as  there  are  Member  States  with  a  derogation,  Articles  42  to  47  shall  be  applicable.

C  202/250 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/251
251251

PROTOCOL  (No  5) 

ON  THE  STATUTE  OF  THE  EUROPEAN  INVESTMENT  BANK 

THE  HIGH  CONTRACTING  PARTIES, 

DESIRING  to  lay  down  the  Statute  of  the  European  Investment  Bank  provided  for  in  Article  308  of 
the  Treaty  on  the  Functioning  of  the  European  Union, 

HAVE  AGREED  upon 
European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

following  provisions,  which  shall  be  annexed 

the 

to 

the  Treaty  on 

Article  1 

The  European  Investment  Bank  established  by  Article  308  of  the  Treaty  on  the  Functioning  of  the 
European  Union  (hereinafter  called  the  "Bank")  is  hereby  constituted;  it  shall  perform  its  functions 
and  carry  on  its  activities  in  accordance  with  the  provisions  of  the  Treaties  and  of  this  Statute. 

The  task  of  the  Bank  shall  be  that  defined  in  Article  309  of  the  Treaty  on  the  Functioning  of  the 
European  Union. 

Article  2 

Article  3 

In  accordance  with  Article  308  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the  Bank's 
members  shall  be  the  Member  States. 

The  capital  of  the  Bank  shall  be  EUR  233 247 390 000,  subscribed  by  the  Member  States 

1. 
as  follows: 

Article  4 

Germany 

France 

Italy 

United  Kingdom 

Spain 

Belgium 

Netherlands 

Sweden 

Denmark 

Austria 

Poland 

Finland 

37 578 019 000 

37 578 019 000 

37 578 019 000 

37 578 019 000 

22 546 811 500 

10 416 365 500 

10 416 365 500 

6 910 226 000 

5 274 105 000 

5 170 732 500 

4 810 160 500 

2 970 783 000

Consolidated version of the treaty on european unionProtocols 
 
C  202/252 
252252

EN 

Official Journal of the European Union 

7.6.2016

Greece 

Portugal 

Czech  Republic 

Hungary 

Ireland 

Romania 

Croatia 

Slovakia 

Slovenia 

Bulgaria 

Lithuania 

Luxembourg 

Cyprus 

Latvia 

Estonia 

Malta 

2 825 416 500 

1 820 820 000 

1 774 990 500 

1 679 222 000 

1 318 525 000 

1 217 626 000 

854 400 000 

604 206 500 

560 951 500 

410 217 500 

351 981 000 

263 707 000 

258 583 500 

214 805 000 

165 882 000 

98 429 500 

The  Member  States  shall  be  liable  only  up  to  the  amount  of  their  share  of  the  capital  subscribed  and 
not  paid  up. 

The  admission  of  a new  member  shall entail  an  increase in  the  subscribed capital  corresponding 

2. 
to  the  capital  brought  in  by  the  new  member. 

3. 

The  Board  of  Governors  may,  acting  unanimously,  decide  to  increase  the  subscribed  capital. 

4. 

The  share  of  a  member  in  the  subscribed  capital  may  not  be  transferred,  pledged  or  attached. 

The  subscribed  capital shall  be  paid  in  by  Member  States  to  the  extent  of  5 %  on  average  of  the 

1. 
amounts  laid  down  in  Article  4(1). 

Article  5 

2. 
In  the  event  of  an  increase  in  the  subscribed  capital,  the  Board  of  Governors,  acting  unani­
mously,  shall  fix  the  percentage  to  be  paid  up  and  the  arrangements  for  payment.  Cash  payments 
shall  be  made  exclusively  in  euro. 

The  Board  of  Directors  may  require  payment  of  the  balance  of  the  subscribed  capital,  to  such 

3. 
extent  as  may  be  required  for  the  Bank  to  meet  its  obligations. 

Each  Member  State  shall  make  this  payment  in  proportion  to  its  share  of  the  subscribed  capital.

Consolidated TreatiesConsolidated Treaties 
C  202/252 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/253
253253

Czech  Republic 

Greece 

Portugal 

Hungary 

Ireland 

Romania 

Croatia 

Slovakia 

Slovenia 

Bulgaria 

Lithuania 

Cyprus 

Latvia 

Estonia 

Malta 

Luxembourg 

2 825 416 500 

1 820 820 000 

1 774 990 500 

1 679 222 000 

1 318 525 000 

1 217 626 000 

854 400 000 

604 206 500 

560 951 500 

410 217 500 

351 981 000 

263 707 000 

258 583 500 

214 805 000 

165 882 000 

98 429 500 

The  Bank  shall  be  directed  and  managed  by  a  Board  of  Governors,  a  Board  of  Directors  and  a 
Management  Committee. 

Article  6 

(ex  Article  8) 

Article  7 

(ex  Article  9) 

1. 

The  Board  of  Governors  shall  consist  of  the  ministers  designated  by  the  Member  States. 

2. 
The  Board  of  Governors  shall  lay  down  general  directives  for  the  credit  policy  of  the  Bank,  in 
accordance  with  the  Union's  objectives.  The  Board  of  Governors  shall  ensure  that  these  directives  are 
implemented. 

3. 

The  Board  of  Governors  shall  in  addition: 

(a)  decide  whether  to 

increase  the  subscribed  capital 

in  accordance  with  Article  4(3)  and 

Article  5(2); 

(b)  for  the  purposes  of  Article  9(1),  determine  the  principles  applicable  to  financing  operations 

The  Member  States  shall  be  liable  only  up  to  the  amount  of  their  share  of  the  capital  subscribed  and 

undertaken  within  the  framework  of  the  Bank's  task; 

not  paid  up. 

2. 

The  admission  of  a new  member  shall entail  an  increase in  the  subscribed capital  corresponding 

to  the  capital  brought  in  by  the  new  member. 

(c)  exercise  the  powers  provided  in  Articles  9  and  11  in  respect  of  the  appointment  and  the 
compulsory  retirement  of  the  members  of  the  Board  of  Directors  and  of  the  Management 
Committee,  and  those  powers  provided  in  the  second  subparagraph  of  Article  11(1); 

3. 

The  Board  of  Governors  may,  acting  unanimously,  decide  to  increase  the  subscribed  capital. 

4. 

The  share  of  a  member  in  the  subscribed  capital  may  not  be  transferred,  pledged  or  attached. 

(d)  take  decisions  in  respect of  the  granting  of  finance  for  investment  operations  to  be  carried out,  in 
whole  or  in  part,  outside  the  territories  of  the  Member  States  in  accordance  with  Article  16(1); 

1. 

The  subscribed  capital shall  be  paid  in  by  Member  States  to  the  extent  of  5 %  on  average  of  the 

amounts  laid  down  in  Article  4(1). 

(f)  approve  the  annual  balance  sheet  and  profit  and  loss  account; 

Article  5 

(e)  approve  the  annual  report  of  the  Board  of  Directors; 

2. 

In  the  event  of  an  increase  in  the  subscribed  capital,  the  Board  of  Governors,  acting  unani­

mously,  shall  fix  the  percentage  to  be  paid  up  and  the  arrangements  for  payment.  Cash  payments 

shall  be  made  exclusively  in  euro. 

3. 

The  Board  of  Directors  may  require  payment  of  the  balance  of  the  subscribed  capital,  to  such 

extent  as  may  be  required  for  the  Bank  to  meet  its  obligations. 

Each  Member  State  shall  make  this  payment  in  proportion  to  its  share  of  the  subscribed  capital.

(g)  exercise  the  other  powers  and  functions  conferred  by  this  Statute; 

(h)  approve  the  rules  of  procedure  of  the  Bank. 

4.  Within  the  framework  of  the  Treaties  and  this  Statute,  the  Board  of  Governors  shall  be 
competent  to  take,  acting  unanimously,  any  decisions  concerning  the  suspension  of  the  operations 
of  the  Bank  and,  should  the  event  arise,  its  liquidation.

Consolidated version of the treaty on european unionProtocols 
 
C  202/254 
254254

EN 

Official Journal of the European Union 

7.6.2016

Article  8 

(ex  Article  10) 

Save  as  otherwise  provided  in  this  Statute,  decisions  of  the  Board  of  Governors  shall  be  taken  by  a 
majority  of  its  members.  This  majority  must  represent  at  least  50 %  of  the  subscribed  capital. 

A  qualified  majority  shall  require  eighteen  votes  in  favour  and  68 %  of  the  subscribed  capital. 

Abstentions  by  members  present in  person  or  represented  shall not  prevent the  adoption  of  decisions 
requiring  unanimity. 

Article  9 

(ex  Article  11) 

1. 
The  Board  of  Directors  shall  take  decisions  in  respect  of  granting  finance,  in  particular  in  the 
form  of  loans  and  guarantees,  and  raising loans;  it  shall  fix  the  interest  rates  on  loans  granted  and  the 
commission  and  other  charges.  It  may,  on  the  basis  of  a  decision  taken  by  a  qualified  majority, 
delegate  some  of  its  functions  to  the  Management  Committee.  It  shall  determine  the  terms  and 
conditions  for  such  delegation  and  shall  supervise  its  execution. 

The  Board  of  Directors  shall  see  that  the  Bank  is  properly  run;  it  shall  ensure  that  the  Bank  is 
managed  in  accordance  with  the  provisions  of  the  Treaties  and  of  this  Statute  and  with  the  general 
directives  laid  down  by  the  Board  of  Governors. 

At  the  end  of  the  financial  year  the  Board  of  Directors  shall  submit  a  report  to  the  Board  of 
Governors  and  shall  publish  it  when  approved. 

2. 

The  Board  of  Directors  shall  consist  of  twenty-nine  directors  and  nineteen  alternate  directors. 

The  directors  shall  be  appointed  by  the  Board  of  Governors  for  five  years,  one  nominated  by  each 
Member  State,  and  one  nominated  by  the  Commission. 

The  alternate  directors  shall  be  appointed  by  the  Board  of  Governors  for  five  years  as  shown  below: 

—  two  alternates  nominated  by  the  Federal  Republic  of  Germany, 

—  two  alternates  nominated  by  the  French  Republic, 

—  two  alternates  nominated  by  the  Italian  Republic, 

—  two  alternates  nominated  by  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland, 

—  one  alternate  nominated  by  common  accord  of 

the  Kingdom  of  Spain  and 

the 

Portuguese  Republic,

Consolidated TreatiesConsolidated Treaties 
C  202/254 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/255
255255

Article  8 

(ex  Article  10) 

Article  9 

(ex  Article  11) 

Save  as  otherwise  provided  in  this  Statute,  decisions  of  the  Board  of  Governors  shall  be  taken  by  a 

majority  of  its  members.  This  majority  must  represent  at  least  50 %  of  the  subscribed  capital. 

A  qualified  majority  shall  require  eighteen  votes  in  favour  and  68 %  of  the  subscribed  capital. 

Abstentions  by  members  present in  person  or  represented  shall not  prevent the  adoption  of  decisions 

requiring  unanimity. 

1. 

The  Board  of  Directors  shall  take  decisions  in  respect  of  granting  finance,  in  particular  in  the 

form  of  loans  and  guarantees,  and  raising loans;  it  shall  fix  the  interest  rates  on  loans  granted  and  the 

commission  and  other  charges.  It  may,  on  the  basis  of  a  decision  taken  by  a  qualified  majority, 

delegate  some  of  its  functions  to  the  Management  Committee.  It  shall  determine  the  terms  and 

conditions  for  such  delegation  and  shall  supervise  its  execution. 

The  Board  of  Directors  shall  see  that  the  Bank  is  properly  run;  it  shall  ensure  that  the  Bank  is 

managed  in  accordance  with  the  provisions  of  the  Treaties  and  of  this  Statute  and  with  the  general 

directives  laid  down  by  the  Board  of  Governors. 

At  the  end  of  the  financial  year  the  Board  of  Directors  shall  submit  a  report  to  the  Board  of 

Governors  and  shall  publish  it  when  approved. 

—  one  alternate  nominated  by  common  accord  of  the  Kingdom  of  Belgium,  the  Grand  Duchy  of 

Luxembourg  and  the  Kingdom  of  the  Netherlands, 

—  two alternates nominated by common accord of the Kingdom of Denmark, the  Hellenic  Republic, 

Ireland  and  Romania, 

—  two  alternates  nominated  by  common  accord  of  the  Republic  of  Estonia,  the  Republic  of  Latvia, 
the  Republic  of  Lithuania,  the  Republic  of  Austria,  the  Republic  of  Finland  and  the  Kingdom  of 
Sweden, 

—  four  alternates  nominated  by  common  accord  of  the  Republic  of  Bulgaria,  the  Czech  Republic, 
the  Republic  of  Croatia,  the  Republic  of  Cyprus,  the  Republic  of  Hungary,  the  Republic  of  Malta, 
the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic, 

—  one  alternate  nominated  by  the  Commission. 

The  Board  of  Directors  shall  co-opt  six  non-voting  experts:  three  as  members  and  three  as  alternates. 

The  appointments  of  the  directors  and  the  alternates  shall  be  renewable. 

The  Rules  of  Procedure  shall  lay  down  arrangements  for  participating  in  the  meetings  of  the  Board  of 
Directors  and  the  provisions  applicable  to  alternates  and  co-opted  experts. 

2. 

The  Board  of  Directors  shall  consist  of  twenty-nine  directors  and  nineteen  alternate  directors. 

The  President  of  the  Management  Committee  or,  in  his  absence,  one  of  the  Vice-Presidents,  shall 
preside  over  meetings  of  the  Board  of  Directors  but  shall  not  vote. 

The  directors  shall  be  appointed  by  the  Board  of  Governors  for  five  years,  one  nominated  by  each 

Member  State,  and  one  nominated  by  the  Commission. 

Members  of  the  Board  of  Directors  shall  be  chosen  from  persons  whose  independence  and 
competence  are  beyond  doubt;  they  shall  be  responsible  only  to  the  Bank. 

The  alternate  directors  shall  be  appointed  by  the  Board  of  Governors  for  five  years  as  shown  below: 

—  two  alternates  nominated  by  the  Federal  Republic  of  Germany, 

—  two  alternates  nominated  by  the  French  Republic, 

—  two  alternates  nominated  by  the  Italian  Republic, 

3.  A  director  may  be  compulsorily  retired  by  the  Board  of  Governors  only  if  he  no  longer  fulfils 
the  conditions  required  for  the  performance  of  his  duties;  the  Board  must  act  by  a  qualified  majority. 

If  the  annual  report  is  not  approved,  the  Board  of  Directors  shall  resign. 

4.  Any  vacancy  arising  as  a  result  of  death,  voluntary  resignation,  compulsory  retirement  or 
collective  resignation  shall  be  filled  in  accordance  with  paragraph  2.  A  member  shall  be  replaced 
for  the  remainder  of  his  term  of  office,  save  where  the  entire  Board  of  Directors  is  being  replaced. 

—  two  alternates  nominated  by  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland, 

—  one  alternate  nominated  by  common  accord  of 

the  Kingdom  of  Spain  and 

the 

Portuguese  Republic,

5. 
The  Board  of  Governors  shall  determine  the  remuneration  of  members  of  the  Board  of 
Directors.  The  Board  of  Governors  shall  lay  down  what  activities  are  incompatible  with  the  duties 
of  a  director  or  an  alternate.

Consolidated version of the treaty on european unionProtocols 
 
C  202/256 
256256

EN 

Official Journal of the European Union 

7.6.2016

Article  10 

(ex  Article  12) 

Each  director  shall  have  one  vote  on  the  Board  of  Directors.  He  may  delegate  his  vote  in  all 

1. 
cases,  according  to  procedures  to  be  laid  down  in  the  Rules  of  Procedure  of  the  Bank. 

Save  as  otherwise  provided  in  this  Statute,  decisions  of  the  Board  of  Directors  shall  be  taken  by 
2. 
at  least  one  third  of  the  members  entitled  to  vote  representing  at  least  fifty  per  cent  of  the  subscribed 
capital.  A  qualified  majority  shall  require  eighteen  votes  in  favour  and  sixty-eight  per  cent  of  the 
subscribed  capital.  The  rules  of  procedure  of  the  Bank  shall  lay  down  the  quorum  required  for  the 
decisions  of  the  Board  of  Directors  to  be  valid. 

Article  11 

(ex  Article  13) 

1. 
The Management  Committee shall consist  of  a President  and  eight Vice-Presidents  appointed  for 
a  period  of  six  years  by  the  Board  of  Governors  on  a  proposal  from  the  Board  of  Directors.  Their 
appointments  shall  be  renewable. 

The  Board  of  Governors,  acting  unanimously,  may  vary the  number  of  members  on  the  Management 
Committee. 

2.  On  a  proposal  from  the  Board  of  Directors  adopted  by  a  qualified  majority,  the  Board  of 
Governors  may,  acting  in  its  turn  by  a  qualified  majority,  compulsorily  retire  a  member  of  the 
Management  Committee. 

The  Management  Committee  shall  be  responsible  for  the  current  business  of  the  Bank,  under 

3. 
the  authority  of  the  President  and  the  supervision  of  the  Board  of  Directors. 

It  shall  prepare  the  decisions  of  the  Board  of  Directors,  in  particular  decisions  on  the  raising  of  loans 
and  the  granting  of  finance,  in  particular  in  the  form  of  loans  and  guarantees;  it  shall  ensure  that 
these  decisions  are  implemented. 

The  Management  Committee  shall  act  by  a  majority  when  delivering  opinions  on  proposals  for 

4. 
raising  loans  or  granting  of  finance,  in  particular  in  the  form  of  loans  and  guarantees. 

The  Board  of  Governors  shall  determine  the  remuneration  of  members  of  the  Management 

5. 
Committee  and  shall  lay  down  what  activities  are  incompatible  with  their  duties. 

The  President  or,  if  he  is  prevented,  a  Vice-President  shall  represent  the  Bank  in  judicial  and 

6. 
other  matters. 

7. 
The  staff  of  the  Bank  shall  be  under  the  authority  of  the  President.  They  shall  be  engaged  and 
discharged  by  him.  In  the  selection  of  staff,  account  shall  be  taken  not  only  of  personal  ability  and 
qualifications  but  also  of  an  equitable  representation  of  nationals  of  Member  States.  The  Rules  of 
Procedure  shall  determine  which  organ  is  competent  to  adopt  the  provisions  applicable  to  staff.

Consolidated TreatiesConsolidated Treaties 
C  202/256 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/257
257257

Article  10 

(ex  Article  12) 

Article  11 

(ex  Article  13) 

1. 

Each  director  shall  have  one  vote  on  the  Board  of  Directors.  He  may  delegate  his  vote  in  all 

cases,  according  to  procedures  to  be  laid  down  in  the  Rules  of  Procedure  of  the  Bank. 

2. 

Save  as  otherwise  provided  in  this  Statute,  decisions  of  the  Board  of  Directors  shall  be  taken  by 

at  least  one  third  of  the  members  entitled  to  vote  representing  at  least  fifty  per  cent  of  the  subscribed 

capital.  A  qualified  majority  shall  require  eighteen  votes  in  favour  and  sixty-eight  per  cent  of  the 

subscribed  capital.  The  rules  of  procedure  of  the  Bank  shall  lay  down  the  quorum  required  for  the 

decisions  of  the  Board  of  Directors  to  be  valid. 

1. 

The Management  Committee shall consist  of  a President  and  eight Vice-Presidents  appointed  for 

a  period  of  six  years  by  the  Board  of  Governors  on  a  proposal  from  the  Board  of  Directors.  Their 

appointments  shall  be  renewable. 

The  Board  of  Governors,  acting  unanimously,  may  vary the  number  of  members  on  the  Management 

Committee. 

2.  On  a  proposal  from  the  Board  of  Directors  adopted  by  a  qualified  majority,  the  Board  of 

Governors  may,  acting  in  its  turn  by  a  qualified  majority,  compulsorily  retire  a  member  of  the 

Management  Committee. 

3. 

The  Management  Committee  shall  be  responsible  for  the  current  business  of  the  Bank,  under 

the  authority  of  the  President  and  the  supervision  of  the  Board  of  Directors. 

It  shall  prepare  the  decisions  of  the  Board  of  Directors,  in  particular  decisions  on  the  raising  of  loans 

and  the  granting  of  finance,  in  particular  in  the  form  of  loans  and  guarantees;  it  shall  ensure  that 

these  decisions  are  implemented. 

4. 

The  Management  Committee  shall  act  by  a  majority  when  delivering  opinions  on  proposals  for 

raising  loans  or  granting  of  finance,  in  particular  in  the  form  of  loans  and  guarantees. 

5. 

The  Board  of  Governors  shall  determine  the  remuneration  of  members  of  the  Management 

Committee  and  shall  lay  down  what  activities  are  incompatible  with  their  duties. 

6. 

The  President  or,  if  he  is  prevented,  a  Vice-President  shall  represent  the  Bank  in  judicial  and 

other  matters. 

7. 

The  staff  of  the  Bank  shall  be  under  the  authority  of  the  President.  They  shall  be  engaged  and 

discharged  by  him.  In  the  selection  of  staff,  account  shall  be  taken  not  only  of  personal  ability  and 

qualifications  but  also  of  an  equitable  representation  of  nationals  of  Member  States.  The  Rules  of 

Procedure  shall  determine  which  organ  is  competent  to  adopt  the  provisions  applicable  to  staff.

The  Management  Committee  and  the  staff  of  the  Bank  shall  be  responsible  only  to  the  Bank 

8. 
and  shall  be  completely  independent  in  the  performance  of  their  duties. 

Article  12 

(ex  Article  14) 

1.  A  Committee  consisting  of  six  members,  appointed  on  the  grounds  of  their  competence  by  the 
Board  of  Governors,  shall  verify  that  the  activities  of  the  Bank  conform  to  best  banking  practice  and 
shall  be  responsible  for  the  auditing  of  its  accounts. 

2. 
The  Committee  referred  to  in  paragraph  1  shall  annually  ascertain  that  the  operations  of  the 
Bank  have  been  conducted  and  its  books  kept  in  a  proper  manner.  To  this  end,  it  shall verify  that  the 
Bank's  operations  have been  carried out  in  compliance  with  the  formalities  and  procedures  laid  down 
by  this  Statute  and  the  Rules  of  Procedure. 

3. 
The  Committee  referred  to  in  paragraph  1  shall  confirm  that  the  financial  statements,  as  well 
as  any  other  financial  information  contained  in  the  annual  accounts  drawn  up  by  the  Board  of 
Directors,  give  a  true  and  fair  view  of  the  financial  position  of  the  Bank  in  respect  of  its  assets  and 
liabilities,  and  of  the  results  of  its  operations  and  its  cash  flows  for  the  financial  year  under  review. 

The  Rules  of  Procedure  shall  specify  the  qualifications  required  of  the  members  of  the 

4. 
Committee  and  lay  down  the  terms  and  conditions  for  the  Committee's  activity. 

Article  13 

(ex  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  national  central  bank  of  the 
Member  State  concerned  or  to  other  financial  institutions  approved  by  that  State. 

Article  14 

(ex  Article  16) 

1. 

The  Bank  shall  cooperate  with  all  international  organisations  active  in  fields  similar  to  its  own. 

The  Bank  shall  seek  to  establish  all  appropriate  contacts  in  the  interests  of  cooperation  with 

2. 
banking  and  financial  institutions  in  the  countries  to  which  its  operations  extend. 

Article  15 

(ex  Article  17) 

At  the  request  of  a  Member  State  or  of  the  Commission,  or  on  its  own  initiative,  the  Board  of 
Governors  shall,  in  accordance  with  the  same  provisions  as  governed  their  adoption,  interpret  or 
supplement  the  directives  laid  down  by  it  under  Article  7  of  this  Statute.

Consolidated version of the treaty on european unionProtocols 
 
C  202/258 
258258

EN 

Official Journal of the European Union 

7.6.2016

Article  16 

(ex  Article  18) 

1.  Within  the  framework  of  the  task  set  out  in  Article  309  of  the  Treaty  on  the  Functioning  of 
the  European  Union,  the  Bank  shall  grant  finance,  in  particular  in  the  form  of  loans  and  guarantees 
to  its  members  or  to  private  or  public  undertakings  for  investments  to  be  carried  out  in  the  terri­
tories  of  Member  States,  to  the  extent  that  funds  are  not  available  from  other  sources  on  reasonable 
terms. 

However,  by  decision  of  the  Board  of  Governors,  acting  by  a  qualified  majority  on  a  proposal  from 
the  Board  of  Directors,  the  Bank  may  grant  financing  for  investment  to  be  carried  out,  in  whole  or  in 
part,  outside  the  territories  of  Member  States. 

2.  As  far  as  possible,  loans  shall  be  granted  only  on  condition  that  other  sources  of  finance  are 
also  used. 

3.  When  granting  a  loan  to  an  undertaking  or  to  a  body  other  than  a  Member  State,  the  Bank 
shall  make  the  loan  conditional  either  on  a  guarantee  from  the  Member  State  in  whose  territory  the 
investment  will  be  carried  out  or  on  other  adequate  guarantees,  or  on  the  financial  strength  of 
the  debtor. 

Furthermore,  in  accordance  with  the  principles  established  by  the  Board  of  Governors  pursuant  to 
Article  7(3)(b),  and  where  the  implementation  of  projects  provided  for  in  Article  309  of  the  Treaty 
on  the  Functioning  of  the  European  Union  so  requires,  the  Board  of  Directors  shall,  acting  by  a 
qualified  majority,  lay  down  the  terms  and  conditions  of  any  financing  operation  presenting  a 
specific  risk  profile  and  thus  considered  to  be  a  special  activity. 

4. 
The  Bank  may  guarantee  loans  contracted  by  public  or  private  undertakings  or  other  bodies  for 
the  purpose  of  carrying  out  projects  provided  for  in  Article  309  of  the  Treaty  on  the  Functioning  of 
the  European  Union. 

5. 
The  aggregate  amount  outstanding  at  any  time  of  loans  and  guarantees  granted  by  the  Bank 
shall not  exceed 250 %  of  its subscribed capital, reserves, non-allocated provisions  and  profit and  loss 
account  surplus.  The  latter  aggregate  amount  shall  be  reduced  by  an  amount  equal  to  the  amount 
subscribed  (whether  or  not  paid  in)  for  any  equity  participation  of  the  Bank. 

The  amount  of  the  Bank's  disbursed  equity  participations  shall  not  exceed  at  any  time  an  amount 
corresponding  to  the  total  of  its  paid-in  subscribed  capital,  reserves,  non-allocated  provisions  and 
profit  and  loss  account  surplus. 

By  way  of  exception,  the  special  activities  of  the  Bank,  as  decided  by  the  Board  of  Governors  and  the 
Board  of  Directors  in  accordance  with  paragraph  3,  will  have  a  specific  allocation  of  reserve. 

This  paragraph  shall  also  apply  to  the  consolidated  accounts  of  the  Bank. 

The  Bank  shall  protect  itself  against  exchange  risks  by  including  in  contracts  for  loans  and 

6. 
guarantees  such  clauses  as  it  considers  appropriate.

Consolidated TreatiesConsolidated Treaties 
C  202/258 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/259
259259

Article  16 

(ex  Article  18) 

Article  17 

(ex  Article  19) 

1.  Within  the  framework  of  the  task  set  out  in  Article  309  of  the  Treaty  on  the  Functioning  of 

the  European  Union,  the  Bank  shall  grant  finance,  in  particular  in  the  form  of  loans  and  guarantees 

to  its  members  or  to  private  or  public  undertakings  for  investments  to  be  carried  out  in  the  terri­

tories  of  Member  States,  to  the  extent  that  funds  are  not  available  from  other  sources  on  reasonable 

1. 
Interest  rates  on  loans  to  be  granted  by  the  Bank  and  commission  and  other  charges  shall  be 
adjusted  to  conditions  prevailing  on  the  capital  market  and  shall  be  calculated  in  such  a  way  that  the 
income  therefrom shall enable  the  Bank  to  meet  its  obligations, to  cover its  expenses and  risks and  to 
build  up  a  reserve  fund  as  provided  for  in  Article  22. 

terms. 

also  used. 

the  debtor. 

However,  by  decision  of  the  Board  of  Governors,  acting  by  a  qualified  majority  on  a  proposal  from 

the  Board  of  Directors,  the  Bank  may  grant  financing  for  investment  to  be  carried  out,  in  whole  or  in 

part,  outside  the  territories  of  Member  States. 

2.  As  far  as  possible,  loans  shall  be  granted  only  on  condition  that  other  sources  of  finance  are 

3.  When  granting  a  loan  to  an  undertaking  or  to  a  body  other  than  a  Member  State,  the  Bank 

shall  make  the  loan  conditional  either  on  a  guarantee  from  the  Member  State  in  whose  territory  the 

investment  will  be  carried  out  or  on  other  adequate  guarantees,  or  on  the  financial  strength  of 

Furthermore,  in  accordance  with  the  principles  established  by  the  Board  of  Governors  pursuant  to 

Article  7(3)(b),  and  where  the  implementation  of  projects  provided  for  in  Article  309  of  the  Treaty 

on  the  Functioning  of  the  European  Union  so  requires,  the  Board  of  Directors  shall,  acting  by  a 

qualified  majority,  lay  down  the  terms  and  conditions  of  any  financing  operation  presenting  a 

specific  risk  profile  and  thus  considered  to  be  a  special  activity. 

4. 

The  Bank  may  guarantee  loans  contracted  by  public  or  private  undertakings  or  other  bodies  for 

the  purpose  of  carrying  out  projects  provided  for  in  Article  309  of  the  Treaty  on  the  Functioning  of 

the  European  Union. 

5. 

The  aggregate  amount  outstanding  at  any  time  of  loans  and  guarantees  granted  by  the  Bank 

shall not  exceed 250 %  of  its subscribed capital, reserves, non-allocated provisions  and  profit and  loss 

account  surplus.  The  latter  aggregate  amount  shall  be  reduced  by  an  amount  equal  to  the  amount 

subscribed  (whether  or  not  paid  in)  for  any  equity  participation  of  the  Bank. 

The  amount  of  the  Bank's  disbursed  equity  participations  shall  not  exceed  at  any  time  an  amount 

corresponding  to  the  total  of  its  paid-in  subscribed  capital,  reserves,  non-allocated  provisions  and 

profit  and  loss  account  surplus. 

By  way  of  exception,  the  special  activities  of  the  Bank,  as  decided  by  the  Board  of  Governors  and  the 

Board  of  Directors  in  accordance  with  paragraph  3,  will  have  a  specific  allocation  of  reserve. 

This  paragraph  shall  also  apply  to  the  consolidated  accounts  of  the  Bank. 

2. 
The  Bank  shall  not  grant  any  reduction  in  interest  rates.  Where  a  reduction  in  the  interest  rate 
appears desirable in  view of  the  nature of  the  investment  to  be  financed, the  Member  State  concerned 
or  some  other  agency  may  grant  aid  towards  the  payment  of  interest  to  the  extent  that  this  is 
compatible  with  Article  107  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

In  its  financing  operations,  the  Bank  shall  observe  the  following  principles: 

Article  18 

(ex  Article  20) 

It  shall  ensure  that  its  funds  are  employed  as  rationally  as  possible  in  the  interests  of 

1. 
the  Union. 

It  may  grant  loans  or  guarantees  only: 

(a)  where,  in  the  case  of  investments  by  undertakings  in  the  production  sector,  interest  and  amor­
tisation  payments  are  covered  out  of  operating  profits  or,  in  the  case  of  other  investments,  either 
by  a  commitment  entered  into  by  the  State  in  which  the  investment  is  made  or  by  some  other 
means;  and 

(b)  where  the  execution  of  the  investment  contributes  to  an  increase  in  economic  productivity  in 

general  and  promotes  the  attainment  of  the  internal  market. 

It  shall  neither  acquire  any  interest  in  an  undertaking  nor  assume  any  responsibility  in  its 
2. 
management  unless  this  is  required  to  safeguard  the  rights  of  the  Bank  in  ensuring  recovery  of 
funds  lent. 

However,  in  accordance  with  the  principles  determined  by  the  Board  of  Governors  pursuant  to 
Article  7(3)(b),  and  where  the  implementation  of  operations  provided  for  in  Article  309  of  the 
Treaty  on  the  Functioning  of  the  European  Union  so  requires,  the  Board  of  Directors  shall,  acting  by 
a  qualified  majority,  lay  down  the  terms  and  conditions  for  taking  an  equity  participation  in  a 
commercial  undertaking,  normally  as  a  complement  to  a  loan  or  a  guarantee,  in  so  far  as  this  is 
required  to  finance  an  investment  or  programme. 

6. 

The  Bank  shall  protect  itself  against  exchange  risks  by  including  in  contracts  for  loans  and 

guarantees  such  clauses  as  it  considers  appropriate.

It  may  dispose  of  its  claims  on  the  capital  market  and  may,  to  this  end,  require  its  debtors  to 

3. 
issue  bonds  or  other  securities.

Consolidated version of the treaty on european unionProtocols 
 
C  202/260 
260260

EN 

Official Journal of the European Union 

7.6.2016

4.  Neither  the  Bank  nor  the  Member  States  shall  impose  conditions  requiring  funds  lent  by  the 
Bank  to  be  spent  within  a  specified  Member  State. 

5. 

The  Bank  may  make  its  loans  conditional  on  international  invitations  to  tender  being  arranged. 

The  Bank  shall  not  finance,  in  whole  or  in  part,  any  investment  opposed  by  the  Member  State 

6. 
in  whose  territory  it  is  to  be  carried  out. 

7.  As  a  complement  to  its  lending  activity,  the  Bank  may  provide  technical  assistance  services  in 
accordance  with  the  terms  and  conditions  laid  down  by  the  Board  of  Governors,  acting  by  a  qualified 
majority,  and  in  compliance  with  this  Statute. 

Article  19 

(ex  Article  21) 

1.  Any  undertaking  or  public  or  private  entity  may  apply  directly  to  the  Bank  for  financing. 
Applications  to  the  Bank  may  also  be  made  either  through  the  Commission  or  through  the 
Member  State  on  whose  territory  the  investment  will  be  carried  out. 

2.  Applications  made  through  the  Commission  shall  be  submitted  for  an  opinion  to  the 
Member  State  in  whose  territory  the  investment  will  be  carried  out.  Applications  made  through  a 
Member  State  shall  be  submitted  to  the  Commission  for  an  opinion.  Applications  made  direct  by  an 
undertaking  shall  be  submitted  to  the  Member  State  concerned  and  to  the  Commission. 

The  Member  State  concerned  and  the  Commission  shall  deliver  their  opinions  within  two  months. 
If  no  reply  is  received  within  this  period,  the  Bank  may  assume  that  there  is  no  objection  to  the 
investment  in  question. 

The  Board  of  Directors  shall  rule  on 

3. 
Management  Committee. 

financing  operations  submitted 

to 

it  by 

the 

The  Management  Committee  shall  examine  whether  financing  operations  submitted  to  it 
4. 
comply  with  the  provisions  of  this  Statute,  in  particular  with  Articles  16  and  18.  Where  the 
Management  Committee  is  in  favour  of  the  financing  operation,  it  shall  submit  the  corresponding 
proposal  to  the  Board  of  Directors;  the  Committee  may  make  its  favourable  opinion  subject  to  such 
conditions,  as  it  considers  essential.  Where  the  Management  Committee  is  against  granting  the 
finance,  it  shall  submit  the  relevant  documents  together  with  its  opinion  to  the  Board  of  Directors. 

5.  Where  the  Management  Committee  delivers  an  unfavourable  opinion,  the  Board  of  Directors 
may  not  grant  the  finance  concerned  unless  its  decision  is  unanimous. 

6.  Where  the  Commission  delivers an  unfavourable  opinion,  the  Board  of  Directors  may  not  grant 
the  finance  concerned  unless  its  decision  is  unanimous,  the  director  nominated  by  the  Commission 
abstaining.

Consolidated TreatiesConsolidated Treaties 
C  202/260 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/261
261261

4.  Neither  the  Bank  nor  the  Member  States  shall  impose  conditions  requiring  funds  lent  by  the 

Bank  to  be  spent  within  a  specified  Member  State. 

7.  Where  both  the  Management  Committee  and  the  Commission  deliver  an  unfavourable opinion, 
the  Board  of  Directors  may  not  grant  the  finance. 

5. 

The  Bank  may  make  its  loans  conditional  on  international  invitations  to  tender  being  arranged. 

6. 

The  Bank  shall  not  finance,  in  whole  or  in  part,  any  investment  opposed  by  the  Member  State 

in  whose  territory  it  is  to  be  carried  out. 

8. 
In  the  event  that  a  financing  operation  relating  to  an  approved  investment  has  to  be 
restructured  in  order  to  safeguard  the  Bank's  rights  and  interests,  the  Management  Committee 
shall  take  without  delay  the  emergency  measures  which  it  deems  necessary,  subject  to  immediate 
reporting  thereon  to  the  Board  of  Directors. 

7.  As  a  complement  to  its  lending  activity,  the  Bank  may  provide  technical  assistance  services  in 

accordance  with  the  terms  and  conditions  laid  down  by  the  Board  of  Governors,  acting  by  a  qualified 

majority,  and  in  compliance  with  this  Statute. 

Article  20 

(ex  Article  22) 

The  Bank  shall  borrow  on  the  capital  markets  the  funds  necessary  for  the  performance  of 

1. 
its  tasks. 

The  Bank  may  borrow  on  the  capital  markets  of  the  Member  States  in  accordance  with  the 

2. 
legal  provisions  applying  to  those  markets. 

The competent authorities of a Member State with a derogation within the meaning of Article  139(1) 
of  the  Treaty  on  the  Functioning  of  the  European  Union  may  oppose  this  only  if  there  is  reason  to 
fear  serious  disturbances  on  the  capital  market  of  that  State. 

Article  21 

(ex  Article  23) 

The  Bank  may  employ  any  available  funds  which  it  does  not  immediately  require  to  meet  its 

1. 
obligations  in  the  following  ways: 

3. 

The  Board  of  Directors  shall  rule  on 

financing  operations  submitted 

to 

it  by 

the 

(a)  it  may  invest  on  the  money  markets; 

4. 

The  Management  Committee  shall  examine  whether  financing  operations  submitted  to  it 

comply  with  the  provisions  of  this  Statute,  in  particular  with  Articles  16  and  18.  Where  the 

Management  Committee  is  in  favour  of  the  financing  operation,  it  shall  submit  the  corresponding 

proposal  to  the  Board  of  Directors;  the  Committee  may  make  its  favourable  opinion  subject  to  such 

conditions,  as  it  considers  essential.  Where  the  Management  Committee  is  against  granting  the 

finance,  it  shall  submit  the  relevant  documents  together  with  its  opinion  to  the  Board  of  Directors. 

(b)  it  may,  subject  to  the  provisions  of  Article  18(2),  buy  and  sell  securities; 

(c)  it  may  carry  out  any  other  financial  operation  linked  with  its  objectives. 

5.  Where  the  Management  Committee  delivers  an  unfavourable  opinion,  the  Board  of  Directors 

may  not  grant  the  finance  concerned  unless  its  decision  is  unanimous. 

2.  Without  prejudice  to  the  provisions  of  Article  23,  the  Bank  shall  not,  in  managing  its  invest­
ments,  engage  in  any  currency  arbitrage  not  directly  required  to  carry  out  its  lending  operations  or 
fulfil  commitments  arising  out  of  loans  raised  or  guarantees  granted  by  it. 

6.  Where  the  Commission  delivers an  unfavourable  opinion,  the  Board  of  Directors  may  not  grant 

the  finance  concerned  unless  its  decision  is  unanimous,  the  director  nominated  by  the  Commission 

abstaining.

The  Bank  shall,  in  the  fields  covered  by  this  Article,  act  in  agreement  with  the  competent 

3. 
authorities  or  with  the  national  central  bank  of  the  Member  State  concerned.

Article  19 

(ex  Article  21) 

1.  Any  undertaking  or  public  or  private  entity  may  apply  directly  to  the  Bank  for  financing. 

Applications  to  the  Bank  may  also  be  made  either  through  the  Commission  or  through  the 

Member  State  on  whose  territory  the  investment  will  be  carried  out. 

2.  Applications  made  through  the  Commission  shall  be  submitted  for  an  opinion  to  the 

Member  State  in  whose  territory  the  investment  will  be  carried  out.  Applications  made  through  a 

Member  State  shall  be  submitted  to  the  Commission  for  an  opinion.  Applications  made  direct  by  an 

undertaking  shall  be  submitted  to  the  Member  State  concerned  and  to  the  Commission. 

The  Member  State  concerned  and  the  Commission  shall  deliver  their  opinions  within  two  months. 

If  no  reply  is  received  within  this  period,  the  Bank  may  assume  that  there  is  no  objection  to  the 

investment  in  question. 

Management  Committee. 

Consolidated version of the treaty on european unionProtocols 
 
C  202/262 
262262

EN 

Official Journal of the European Union 

7.6.2016

Article  22 

(ex  Article  24) 

1.  A  reserve  fund  of  up  to  10 %  of  the  subscribed  capital  shall  be  built  up  progressively.  If  the 
state  of  the  liabilities  of  the  Bank  should  so  justify,  the  Board  of  Directors  may  decide  to  set  aside 
additional  reserves.  Until  such  time  as  the  reserve  fund  has  been  fully  built  up,  it  shall  be  fed  by: 

(a)  interest  received  on  loans  granted  by  the  Bank  out  of  sums  to  be  paid  up  by  the  Member  States 

pursuant  to  Article  5; 

(b)  interest  received  on  loans  granted  by  the  Bank  out  of  funds  derived  from  repayment  of  the  loans 

referred  to  in  (a); 

to  the  extent  that  this  income  is  not  required  to  meet  the  obligations  of  the  Bank  or  to  cover 
its  expenses. 

The  resources  of  the  reserve  fund  shall  be  so  invested  as  to  be  available  at  any  time  to  meet  the 

2. 
purpose  of  the  fund. 

Article  23 

(ex  Article  25) 

1. 
The  Bank  shall  at  all  times  be  entitled  to  transfer  its  assets  in  the  currency  of  a  Member  State 
whose  currency  is  not  the  euro  in  order  to  carry  out  financial  operations  corresponding  to  the  task 
set  out  in  Article  309  of  the  Treaty  on  the  Functioning  of  the  European  Union,  taking  into  account 
the  provisions  of  Article  21  of  this  Statute.  The  Bank  shall,  as  far  as  possible,  avoid  making  such 
transfers  if  it  has  cash  or  liquid  assets  in  the  currency  required. 

2. 
The  Bank  may  not  convert  its  assets  in  the  currency  of  a  Member  State  whose  currency  is  not 
the  euro  into  the  currency  of  a  third  country  without  the  agreement  of  the  Member  State  concerned. 

The  Bank  may  freely  dispose  of  that  part  of  its  capital  which  is  paid  up  and  of  any  currency 

3. 
borrowed  on  markets  outside  the  Union. 

4. 
The  Member  States  undertake  to  make  available to  the  debtors  of  the  Bank  the  currency  needed 
to  repay  the  capital  and  pay  the  interest  on  loans  or  commission  on  guarantees  granted  by  the  Bank 
for  investments  to  be  carried  out  in  their  territory.

Consolidated TreatiesConsolidated Treaties 
C  202/262 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/263
263263

Article  22 

(ex  Article  24) 

Article  24 

(ex  Article  26) 

1.  A  reserve  fund  of  up  to  10 %  of  the  subscribed  capital  shall  be  built  up  progressively.  If  the 

state  of  the  liabilities  of  the  Bank  should  so  justify,  the  Board  of  Directors  may  decide  to  set  aside 

additional  reserves.  Until  such  time  as  the  reserve  fund  has  been  fully  built  up,  it  shall  be  fed  by: 

If  a  Member  State  fails  to  meet  the  obligations  of  membership  arising  from  this  Statute,  in  particular 
the  obligation  to  pay  its  share  of  the  subscribed  capital  or  to  service  its  borrowings,  the  granting  of 
loans  or  guarantees  to  that  Member  State  or  its  nationals  may  be  suspended  by  a  decision  of  the 
Board  of  Governors,  acting  by  a  qualified  majority. 

(a)  interest  received  on  loans  granted  by  the  Bank  out  of  sums  to  be  paid  up  by  the  Member  States 

pursuant  to  Article  5; 

Such  decision  shall  not  release  either  the  State  or  its  nationals  from  their  obligations  towards 
the  Bank. 

(b)  interest  received  on  loans  granted  by  the  Bank  out  of  funds  derived  from  repayment  of  the  loans 

referred  to  in  (a); 

Article  25 

(ex  Article  27) 

to  the  extent  that  this  income  is  not  required  to  meet  the  obligations  of  the  Bank  or  to  cover 

its  expenses. 

2. 

The  resources  of  the  reserve  fund  shall  be  so  invested  as  to  be  available  at  any  time  to  meet  the 

purpose  of  the  fund. 

Article  23 

(ex  Article  25) 

1. 

The  Bank  shall  at  all  times  be  entitled  to  transfer  its  assets  in  the  currency  of  a  Member  State 

whose  currency  is  not  the  euro  in  order  to  carry  out  financial  operations  corresponding  to  the  task 

set  out  in  Article  309  of  the  Treaty  on  the  Functioning  of  the  European  Union,  taking  into  account 

the  provisions  of  Article  21  of  this  Statute.  The  Bank  shall,  as  far  as  possible,  avoid  making  such 

transfers  if  it  has  cash  or  liquid  assets  in  the  currency  required. 

2. 

The  Bank  may  not  convert  its  assets  in  the  currency  of  a  Member  State  whose  currency  is  not 

the  euro  into  the  currency  of  a  third  country  without  the  agreement  of  the  Member  State  concerned. 

3. 

The  Bank  may  freely  dispose  of  that  part  of  its  capital  which  is  paid  up  and  of  any  currency 

borrowed  on  markets  outside  the  Union. 

1. 
If  the  Board  of  Governors  decides  to  suspend  the  operations  of  the  Bank,  all  its  activities  shall 
cease  forthwith,  except  those  required to  ensure  the  due  realisation,  protection  and  preservation  of  its 
assets  and  the  settlement  of  its  liabilities. 

2. 
In  the  event  of  liquidation,  the  Board  of  Governors  shall  appoint  the  liquidators  and  give  them 
instructions  for  carrying  out  the  liquidation.  It  shall  ensure  that  the  rights  of  the  members  of  staff 
are  safeguarded. 

Article  26 

(ex  Article  28) 

1. 
In  each  of  the  Member  States,  the  Bank  shall  enjoy  the  most  extensive  legal  capacity  accorded 
to  legal  persons  under  their  laws;  it  may,  in  particular,  acquire  or  dispose  of  movable  or  immovable 
property  and  may  be  a  party  to  legal  proceedings. 

2. 

The  property  of  the  Bank  shall  be  exempt  from  all  forms  of  requisition  or  expropriation. 

Article  27 

(ex  Article  29) 

Disputes  between  the  Bank  on  the  one  hand,  and  its  creditors,  debtors  or  any  other  person  on  the 
other,  shall  be  decided  by  the  competent  national  courts,  save  where  jurisdiction  has  been  conferred 
on  the  Court  of  Justice  of  the  European  Union.  The  Bank  may  provide  for  arbitration  in 
any  contract. 

The  Bank  shall  have  an  address  for  service  in  each  Member  State.  It  may,  however,  in  any  contract, 
specify  a  particular  address  for  service. 

4. 

The  Member  States  undertake  to  make  available to  the  debtors  of  the  Bank  the  currency  needed 

to  repay  the  capital  and  pay  the  interest  on  loans  or  commission  on  guarantees  granted  by  the  Bank 

for  investments  to  be  carried  out  in  their  territory.

The  property  and  assets  of  the  Bank  shall  not  be  liable  to  attachment  or  to  seizure  by  way  of 
execution  except  by  decision  of  a  court.

Consolidated version of the treaty on european unionProtocols 
 
C  202/264 
264264

EN 

Official Journal of the European Union 

7.6.2016

Article  28 

(ex  Article  30) 

The  Board  of  Governors  may,  acting  unanimously,  decide  to  establish  subsidiaries  or  other 

1. 
entities,  which  shall  have  legal  personality  and  financial  autonomy. 

The  Board  of  Governors  shall,  acting  unanimously,  establish  the  Statutes  of  the  bodies  referred 
2. 
to  in  paragraph  1.  The  Statutes  shall  define,  in  particular,  their  objectives,  structure,  capital, 
membership,  the  location  of  their  seat,  their  financial  resources,  means  of  intervention  and 
auditing  arrangements,  as  well  as  their  relationship  with  the  organs  of  the  Bank. 

The  Bank  shall  be  entitled  to  participate  in  the  management  of  these  bodies  and  contribute  to 
3. 
their  subscribed  capital  up  to  the  amount  determined  by  the  Board  of  Governors,  acting  unani­
mously. 

The  Protocol  on  the  privileges  and  immunities  of  the  European  Union  shall  apply  to  the  bodies 
4. 
referred  to  in  paragraph  1  in  so  far  as  they  are  incorporated  under  the  law  of  the  Union,  to  the 
members  of  their  organs  in  the  performance  of  their  duties  as  such  and  to  their  staff,  under  the  same 
terms  and  conditions  as  those  applicable  to  the  Bank. 

Those  dividends,  capital  gains  or  other  forms  of  revenue  stemming  from  such  bodies  to  which  the 
members,  other  than  the  European  Union  and  the  Bank,  are  entitled,  shall  however  remain  subject  to 
the  fiscal  provisions  of  the  applicable  legislation. 

The  Court  of  Justice  of  the  European  Union  shall,  within  the  limits  hereinafter  laid  down,  have 
5. 
jurisdiction  in  disputes  concerning  measures  adopted  by  organs  of  a  body  incorporated  under  Union 
law.  Proceedings  against  such  measures  may  be  instituted  by  any  member  of  such  a  body  in  its 
capacity  as  such  or  by  Member  States  under  the  conditions  laid  down  in  Article  263  of  the  Treaty 
on  the  Functioning  of  the  European  Union. 

6. 
The  Board  of  Governors  may,  acting  unanimously,  decide  to  admit  the  staff  of  bodies  incor­
porated  under  Union  law  to  joint  schemes  with  the  Bank,  in  compliance  with  the  respective  internal 
procedures.

Consolidated TreatiesConsolidated Treaties 
C  202/264 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/265
265265

Article  28 

(ex  Article  30) 

1. 

The  Board  of  Governors  may,  acting  unanimously,  decide  to  establish  subsidiaries  or  other 

entities,  which  shall  have  legal  personality  and  financial  autonomy. 

2. 

The  Board  of  Governors  shall,  acting  unanimously,  establish  the  Statutes  of  the  bodies  referred 

to  in  paragraph  1.  The  Statutes  shall  define,  in  particular,  their  objectives,  structure,  capital, 

membership,  the  location  of  their  seat,  their  financial  resources,  means  of  intervention  and 

auditing  arrangements,  as  well  as  their  relationship  with  the  organs  of  the  Bank. 

PROTOCOL  (No  6) 

ON  THE  LOCATION  OF  THE  SEATS  OF  THE  INSTITUTIONS  AND  OF 
CERTAIN  BODIES,  OFFICES,  AGENCIES  AND  DEPARTMENTS  OF  THE 
EUROPEAN  UNION 

THE  REPRESENTATIVES  OF  THE  GOVERNMENTS  OF  THE  MEMBER  STATES, 

HAVING  REGARD  to  Article  341  of  the  Treaty  on  the  Functioning  of  the  European  Union  and 
Article  189  of  the  Treaty  establishing  the  European  Atomic  Energy  Community, 

3. 

The  Bank  shall  be  entitled  to  participate  in  the  management  of  these  bodies  and  contribute  to 

their  subscribed  capital  up  to  the  amount  determined  by  the  Board  of  Governors,  acting  unani­

RECALLING  AND  CONFIRMING  the  Decision  of  8  April  1965,  and  without  prejudice  to  the  decisions 
concerning  the  seat  of  future  institutions,  bodies,  offices,  agencies  and  departments, 

mously. 

4. 

The  Protocol  on  the  privileges  and  immunities  of  the  European  Union  shall  apply  to  the  bodies 

referred  to  in  paragraph  1  in  so  far  as  they  are  incorporated  under  the  law  of  the  Union,  to  the 

members  of  their  organs  in  the  performance  of  their  duties  as  such  and  to  their  staff,  under  the  same 

terms  and  conditions  as  those  applicable  to  the  Bank. 

Those  dividends,  capital  gains  or  other  forms  of  revenue  stemming  from  such  bodies  to  which  the 

members,  other  than  the  European  Union  and  the  Bank,  are  entitled,  shall  however  remain  subject  to 

the  fiscal  provisions  of  the  applicable  legislation. 

5. 

The  Court  of  Justice  of  the  European  Union  shall,  within  the  limits  hereinafter  laid  down,  have 

jurisdiction  in  disputes  concerning  measures  adopted  by  organs  of  a  body  incorporated  under  Union 

law.  Proceedings  against  such  measures  may  be  instituted  by  any  member  of  such  a  body  in  its 

capacity  as  such  or  by  Member  States  under  the  conditions  laid  down  in  Article  263  of  the  Treaty 

on  the  Functioning  of  the  European  Union. 

6. 

The  Board  of  Governors  may,  acting  unanimously,  decide  to  admit  the  staff  of  bodies  incor­

porated  under  Union  law  to  joint  schemes  with  the  Bank,  in  compliance  with  the  respective  internal 

procedures.

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  to  the  Treaty  establishing 
the  European  Atomic  Energy  Community: 

Sole  Article 

(a)  The  European  Parliament  shall  have  its  seat  in  Strasbourg  where  the  12  periods  of  monthly 
plenary  sessions,  including  the  budget  session,  shall  be  held.  The  periods  of  additional  plenary 
sessions  shall  be  held  in  Brussels.  The  committees  of  the  European  Parliament  shall  meet  in 
Brussels.  The  General  Secretariat  of  the  European  Parliament  and  its  departments  shall  remain  in 
Luxembourg. 

(b)  The  Council  shall  have  its  seat  in  Brussels.  During  the  months  of  April,  June  and  October,  the 

Council  shall  hold  its  meetings  in  Luxembourg. 

(c)  The  Commission  shall  have  its  seat  in  Brussels.  The  departments  listed  in  Articles  7,  8  and  9  of 

the  Decision  of  8  April  1965  shall  be  established  in  Luxembourg. 

(d)  The  Court  of  Justice  of  the  European  Union  shall  have  its  seat  in  Luxembourg. 

(e)  The  Court  of  Auditors  shall  have  its  seat  in  Luxembourg. 

(f)  The  Economic  and  Social  Committee  shall  have  its  seat  in  Brussels. 

(g)  The  Committee  of  the  Regions  shall  have  its  seat  in  Brussels. 

(h)  The  European  Investment  Bank  shall  have  its  seat  in  Luxembourg. 

(i)  The  European  Central  Bank  shall  have  its  seat  in  Frankfurt. 

(j)  The  European  Police  Office  (Europol)  shall  have  its  seat  in  The  Hague.

Consolidated version of the treaty on european unionProtocols 
 
C  202/266 
266266

EN 

Official Journal of the European Union 

7.6.2016

ON  THE  PRIVILEGES  AND  IMMUNITIES  OF  THE  EUROPEAN  UNION 

PROTOCOL  (No  7) 

THE  HIGH  CONTRACTING  PARTIES, 

CONSIDERING that,  in  accordance  with  Article  343  of  the  Treaty  on  the  Functioning  of  the  European 
Union  and  Article  191  of  the  Treaty establishing  the  European  Atomic  Energy  Community  ("EAEC"), 
the  European  Union  and  the  EAEC  shall  enjoy  in  the  territories  of  the  Member  States  such  privileges 
and  immunities  as  are  necessary  for  the  performance  of  their  tasks, 

HAVE  AGREED  upon 
the  Treaty  on 
European  Union,  the  Treaty  on  the  Functioning  of  the  European  Union  and  the  Treaty  establishing 
the  European  Atomic  Energy  Community: 

following  provisions,  which  shall  be  annexed 

the 

to 

PROPERTY,  FUNDS,  ASSETS  AND  OPERATIONS  OF  THE  EUROPEAN  UNION 

CHAPTER  I 

Article  1 

The  premises  and  buildings  of  the  Union  shall  be  inviolable.  They  shall  be  exempt  from  search, 
requisition,  confiscation  or  expropriation.  The  property  and  assets  of  the  Union  shall  not  be  the 
subject  of  any  administrative  or  legal  measure  of  constraint  without  the  authorisation  of  the  Court 
of  Justice. 

The  archives  of  the  Union  shall  be  inviolable. 

Article  2 

The  Union,  its  assets,  revenues  and  other  property  shall  be  exempt  from  all  direct  taxes. 

Article  3 

The  governments  of  the  Member  States  shall,  wherever  possible,  take  the  appropriate  measures  to 
remit  or  refund  the  amount  of  indirect  taxes  or  sales  taxes  included  in  the  price  of  movable  or 
immovable  property,  where  the  Union  makes,  for  its  official  use,  substantial  purchases  the  price  of 
which  includes  taxes  of  this  kind.  These  provisions  shall  not  be  applied,  however,  so  as  to  have  the 
effect  of  distorting  competition  within  the  Union. 

No  exemption  shall  be  granted  in  respect  of  taxes  and  dues  which  amount  merely  to  charges  for 
public  utility  services.

Consolidated TreatiesConsolidated Treaties 
C  202/266 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/267
267267

ON  THE  PRIVILEGES  AND  IMMUNITIES  OF  THE  EUROPEAN  UNION 

PROTOCOL  (No  7) 

THE  HIGH  CONTRACTING  PARTIES, 

Article  4 

The  Union  shall  be  exempt  from  all  customs  duties,  prohibitions  and  restrictions  on  imports  and 
exports  in  respect of  articles intended  for  its  official  use: articles so  imported  shall  not  be  disposed  of, 
whether  or  not  in  return  for  payment,  in  the  territory  of  the  country  into  which  they  have  been 
imported,  except  under  conditions  approved  by  the  government  of  that  country. 

CONSIDERING that,  in  accordance  with  Article  343  of  the  Treaty  on  the  Functioning  of  the  European 

Union  and  Article  191  of  the  Treaty establishing  the  European  Atomic  Energy  Community  ("EAEC"), 

the  European  Union  and  the  EAEC  shall  enjoy  in  the  territories  of  the  Member  States  such  privileges 

and  immunities  as  are  necessary  for  the  performance  of  their  tasks, 

The  Union  shall  also  be  exempt  from  any  customs  duties  and  any  prohibitions  and  restrictions  on 
import  and  exports  in  respect  of  its  publications. 

CHAPTER  II 

COMMUNICATIONS  AND  LAISSEZ-PASSER 

Article  5 
(ex  Article  6) 

For  their  official  communications  and  the  transmission  of  all  their  documents,  the  institutions  of 
the  Union  shall  enjoy  in  the  territory  of  each  Member  State  the  treatment  accorded  by  that  State  to 
diplomatic  missions. 

Official  correspondence  and  other  official  communications  of  the  institutions  of  the  Union  shall  not 
be  subject  to  censorship. 

Article  6 
(ex  Article  7) 

Laissez-passer  in  a  form  to  be  prescribed  by  the  Council,  acting  by  a  simple  majority,  which  shall  be 
recognised  as  valid  travel  documents  by  the  authorities  of  the  Member  States,  may  be  issued  to 
members  and  servants  of  the  institutions  of  the  Union  by  the  Presidents  of  these  institutions. 
These 
laissez-passer  shall  be  issued  to  officials  and  other  servants  under  conditions  laid  down  in 
the  Staff  Regulations  of  Officials  and  the  Conditions  of  Employment  of  other  servants  of  the  Union. 

The  Union,  its  assets,  revenues  and  other  property  shall  be  exempt  from  all  direct  taxes. 

The  Commission  may  conclude  agreements  for  these  laissez-passer  to  be  recognised  as  valid  travel 
documents  within  the  territory  of  third  countries. 

No  exemption  shall  be  granted  in  respect  of  taxes  and  dues  which  amount  merely  to  charges  for 

public  utility  services.

No  administrative  or  other  restriction  shall  be  imposed  on  the  free  movement  of  Members  of  the 
European  Parliament  travelling  to  or  from  the  place  of  meeting  of  the  European  Parliament.

CHAPTER  III 

MEMBERS  OF  THE  EUROPEAN  PARLIAMENT 

Article  7 
(ex  Article  8) 

HAVE  AGREED  upon 

the 

following  provisions,  which  shall  be  annexed 

to 

the  Treaty  on 

European  Union,  the  Treaty  on  the  Functioning  of  the  European  Union  and  the  Treaty  establishing 

the  European  Atomic  Energy  Community: 

PROPERTY,  FUNDS,  ASSETS  AND  OPERATIONS  OF  THE  EUROPEAN  UNION 

The  premises  and  buildings  of  the  Union  shall  be  inviolable.  They  shall  be  exempt  from  search, 

requisition,  confiscation  or  expropriation.  The  property  and  assets  of  the  Union  shall  not  be  the 

subject  of  any  administrative  or  legal  measure  of  constraint  without  the  authorisation  of  the  Court 

of  Justice. 

The  archives  of  the  Union  shall  be  inviolable. 

CHAPTER  I 

Article  1 

Article  2 

Article  3 

The  governments  of  the  Member  States  shall,  wherever  possible,  take  the  appropriate  measures  to 

remit  or  refund  the  amount  of  indirect  taxes  or  sales  taxes  included  in  the  price  of  movable  or 

immovable  property,  where  the  Union  makes,  for  its  official  use,  substantial  purchases  the  price  of 

which  includes  taxes  of  this  kind.  These  provisions  shall  not  be  applied,  however,  so  as  to  have  the 

effect  of  distorting  competition  within  the  Union. 

Consolidated version of the treaty on european unionProtocols 
 
C  202/268 
268268

EN 

Official Journal of the European Union 

7.6.2016

Members  of  the  European  Parliament  shall, in  respect of  customs  and  exchange  control,  be  accorded: 

(a)  by  their  own  government,  the  same  facilities  as  those  accorded  to  senior  officials  travelling 

abroad  on  temporary  official  missions; 

(b)  by  the  government  of  other  Member  States,  the  same  facilities  as  those  accorded  to  represen­

tatives  of  foreign  governments  on  temporary  official  missions. 

Article  8 
(ex  Article  9) 

Members  of  the  European  Parliament  shall  not  be  subject  to  any  form  of  inquiry,  detention  or  legal 
proceedings  in  respect  of  opinions  expressed  or  votes  cast  by  them  in  the  performance  of 
their  duties. 

During  the  sessions  of  the  European  Parliament,  its  Members  shall  enjoy: 

Article  9 
(ex  Article  10) 

(a)  in  the  territory  of  their  own  State,  the  immunities  accorded  to  members  of  their  parliament; 

(b)  in  the  territory  of  any  other  Member  State,  immunity  from  any  measure  of  detention  and  from 

legal  proceedings. 

Immunity  shall  likewise  apply  to  Members  while  they  are  travelling  to  and  from  the  place  of  meeting 
of  the  European  Parliament. 

Immunity  cannot  be  claimed  when  a  Member  is  found  in  the  act  of  committing  an  offence  and  shall 
not  prevent  the  European  Parliament  from  exercising  its  right  to  waive  the  immunity  of  one  of 
its  Members. 

REPRESENTATIVES  OF  MEMBER  STATES  TAKING  PART  IN  THE  WORK  OF 
THE  INSTITUTIONS  OF  THE  EUROPEAN  UNION 

CHAPTER  IV 

Article  10 
(ex  Article  11) 

Representatives  of  Member  States  taking  part  in  the  work  of  the  institutions  of  the  Union,  their 
advisers  and  technical  experts  shall,  in  the  performance  of  their  duties  and  during  their  travel  to  and 
from  the  place  of  meeting,  enjoy  the  customary  privileges,  immunities  and  facilities. 

This  Article  shall  also  apply  to  members  of  the  advisory  bodies  of  the  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/268 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/269
269269

Members  of  the  European  Parliament  shall, in  respect of  customs  and  exchange  control,  be  accorded: 

CHAPTER  V 

(a)  by  their  own  government,  the  same  facilities  as  those  accorded  to  senior  officials  travelling 

abroad  on  temporary  official  missions; 

OFFICIALS  AND  OTHER  SERVANTS  OF  THE  EUROPEAN  UNION 

Article  11 
(ex  Article  12) 

(b)  by  the  government  of  other  Member  States,  the  same  facilities  as  those  accorded  to  represen­

tatives  of  foreign  governments  on  temporary  official  missions. 

In  the  territory  of  each  Member  State  and  whatever  their  nationality,  officials  and  other  servants  of 
the  Union  shall: 

Members  of  the  European  Parliament  shall  not  be  subject  to  any  form  of  inquiry,  detention  or  legal 

proceedings  in  respect  of  opinions  expressed  or  votes  cast  by  them  in  the  performance  of 

their  duties. 

(a)  subject  to  the  provisions  of  the  Treaties  relating,  on  the  one  hand,  to  the  rules  on  the  liability  of 
officials  and  other  servants  towards  the  Union  and,  on  the  other  hand,  to  the  jurisdiction  of  the 
Court  of  Justice  of  the  European  Union  in  disputes  between  the  Union  and  its  officials  and  other 
servants,  be  immune  from  legal  proceedings  in  respect  of  acts  performed  by  them  in  their  official 
capacity,  including  their  words  spoken  or  written.  They  shall  continue  to  enjoy  this  immunity 
after  they  have  ceased  to  hold  office; 

During  the  sessions  of  the  European  Parliament,  its  Members  shall  enjoy: 

(b)  together  with  their  spouses  and  dependent  members  of  their  families,  not  be  subject  to  immi­

gration  restrictions  or  to  formalities  for  the  registration  of  aliens; 

(a)  in  the  territory  of  their  own  State,  the  immunities  accorded  to  members  of  their  parliament; 

(b)  in  the  territory  of  any  other  Member  State,  immunity  from  any  measure  of  detention  and  from 

legal  proceedings. 

Immunity  shall  likewise  apply  to  Members  while  they  are  travelling  to  and  from  the  place  of  meeting 

of  the  European  Parliament. 

Immunity  cannot  be  claimed  when  a  Member  is  found  in  the  act  of  committing  an  offence  and  shall 

not  prevent  the  European  Parliament  from  exercising  its  right  to  waive  the  immunity  of  one  of 

its  Members. 

(c)  in  respect  of  currency  or  exchange  regulations,  be  accorded  the  same  facilities  as  are  customarily 

accorded  to  officials  of  international  organisations; 

(d)  enjoy  the  right  to  import  free  of  duty  their  furniture  and  effects  at  the  time  of  first  taking  up 
their  post  in  the  country  concerned,  and  the  right  to  re-export  free  of  duty  their  furniture  and 
effects,  on  termination  of  their  duties  in  that  country,  subject  in  either  case  to  the  conditions 
considered  to  be  necessary  by  the  government  of  the  country  in  which  this  right  is  exercised; 

(e)  have  the  right  to  import  free  of  duty  a  motor  car  for  their  personal  use,  acquired  either  in  the 
country  of  their  last  residence  or  in  the  country  of  which  they  are  nationals  on  the  terms  ruling 
in  the  home  market  in  that  country,  and  to  re-export  it  free  of  duty,  subject  in  either  case  to  the 
conditions  considered  to  be  necessary  by  the  government  of  the  country  concerned. 

REPRESENTATIVES  OF  MEMBER  STATES  TAKING  PART  IN  THE  WORK  OF 

THE  INSTITUTIONS  OF  THE  EUROPEAN  UNION 

Article  12 
(ex  Article  13) 

Article  8 

(ex  Article  9) 

Article  9 

(ex  Article  10) 

CHAPTER  IV 

Article  10 

(ex  Article  11) 

Representatives  of  Member  States  taking  part  in  the  work  of  the  institutions  of  the  Union,  their 

advisers  and  technical  experts  shall,  in  the  performance  of  their  duties  and  during  their  travel  to  and 

from  the  place  of  meeting,  enjoy  the  customary  privileges,  immunities  and  facilities. 

Officials  and  other  servants  of  the  Union  shall  be  liable  to  a  tax  for  the  benefit  of  the  Union  on 
salaries,  wages  and  emoluments  paid  to  them  by  the  Union,  in  accordance  with  the  conditions  and 
procedure  laid  down  by  the  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in 
accordance  with 
insti­
tutions  concerned. 

legislative  procedure  and  after  consultation  of 

the  ordinary 

the 

This  Article  shall  also  apply  to  members  of  the  advisory  bodies  of  the  Union.

They  shall  be  exempt  from  national  taxes  on  salaries,  wages  and  emoluments  paid  by  the  Union.

Consolidated version of the treaty on european unionProtocols 
 
C  202/270 
270270

EN 

Official Journal of the European Union 

7.6.2016

Article  13 
(ex  Article  14) 

In  the  application  of  income  tax,  wealth  tax  and  death  duties  and  in  the  application  of  conventions 
on  the  avoidance  of  double  taxation  concluded  between  Member  States  of  the  Union,  officials  and 
other  servants  of  the  Union  who,  solely  by  reason  of  the  performance  of  their  duties  in  the  service of 
the  Union,  establish  their  residence  in  the  territory  of  a  Member  State  other  than  their  country  of 
domicile  for  tax  purposes  at  the  time  of  entering  the  service  of  the  Union,  shall  be  considered,  both 
in  the  country  of  their  actual  residence  and  in  the  country  of  domicile  for  tax  purposes,  as  having 
maintained  their  domicile  in  the  latter  country  provided  that  it  is  a  member  of  the  Union.  This 
provision  shall  also  apply  to  a  spouse,  to  the  extent  that  the  latter  is  not  separately  engaged  in  a 
gainful  occupation,  and  to  children  dependent  on  and  in  the  care  of  the  persons  referred  to  in 
this  Article. 

Movable  property  belonging  to  persons  referred  to  in  the  preceding  paragraph  and  situated  in  the 
territory  of  the  country  where  they  are  staying  shall  be  exempt  from  death  duties  in  that  country; 
such  property  shall,  for  the  assessment  of  such  duty,  be  considered  as  being  in  the  country  of 
domicile  for  tax  purposes,  subject  to  the  rights  of  third  countries  and  to  the  possible  application 
of  provisions  of  international  conventions  on  double  taxation. 

Any  domicile  acquired  solely  by  reason  of  the  performance  of  duties  in  the  service  of  other  inter­
national  organisations  shall  not  be  taken 
in  applying  the  provisions  of 
this  Article. 

into  consideration 

Article  14 
(ex  Article  15) 

The  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in  accordance  with  the 
ordinary  legislative  procedure  and  after  consultation  of  the  institutions  concerned,  shall  lay  down  the 
scheme  of  social  security  benefits  for  officials  and  other  servants  of  the  Union. 

Article  15 
(ex  Article  16) 

The  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in  accordance  with  the 
ordinary  legislative  procedure,  and  after  consulting  the  other  institutions  concerned,  shall  determine 
the  categories  of  officials  and  other  servants  of  the  Union  to  whom  the  provisions  of  Article  11,  the 
second  paragraph  of  Article  12,  and  Article  13  shall  apply,  in  whole  or  in  part. 

The  names,  grades  and  addresses  of  officials  and  other  servants  included  in  such  categories  shall  be 
communicated  periodically  to  the  governments  of  the  Member  States.

Consolidated TreatiesConsolidated Treaties 
Article  13 

(ex  Article  14) 

In  the  application  of  income  tax,  wealth  tax  and  death  duties  and  in  the  application  of  conventions 

on  the  avoidance  of  double  taxation  concluded  between  Member  States  of  the  Union,  officials  and 

other  servants  of  the  Union  who,  solely  by  reason  of  the  performance  of  their  duties  in  the  service of 

the  Union,  establish  their  residence  in  the  territory  of  a  Member  State  other  than  their  country  of 

domicile  for  tax  purposes  at  the  time  of  entering  the  service  of  the  Union,  shall  be  considered,  both 

in  the  country  of  their  actual  residence  and  in  the  country  of  domicile  for  tax  purposes,  as  having 

maintained  their  domicile  in  the  latter  country  provided  that  it  is  a  member  of  the  Union.  This 

provision  shall  also  apply  to  a  spouse,  to  the  extent  that  the  latter  is  not  separately  engaged  in  a 

gainful  occupation,  and  to  children  dependent  on  and  in  the  care  of  the  persons  referred  to  in 

this  Article. 

Movable  property  belonging  to  persons  referred  to  in  the  preceding  paragraph  and  situated  in  the 

territory  of  the  country  where  they  are  staying  shall  be  exempt  from  death  duties  in  that  country; 

such  property  shall,  for  the  assessment  of  such  duty,  be  considered  as  being  in  the  country  of 

domicile  for  tax  purposes,  subject  to  the  rights  of  third  countries  and  to  the  possible  application 

of  provisions  of  international  conventions  on  double  taxation. 

Any  domicile  acquired  solely  by  reason  of  the  performance  of  duties  in  the  service  of  other  inter­

national  organisations  shall  not  be  taken 

into  consideration 

in  applying  the  provisions  of 

this  Article. 

The  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in  accordance  with  the 

ordinary  legislative  procedure  and  after  consultation  of  the  institutions  concerned,  shall  lay  down  the 

scheme  of  social  security  benefits  for  officials  and  other  servants  of  the  Union. 

Article  14 

(ex  Article  15) 

Article  15 

(ex  Article  16) 

C  202/270 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/271
271271

PRIVILEGES  AND 

IMMUNITIES  OF  MISSIONS  OF  THIRD  COUNTRIES 

ACCREDITED  TO  THE  EUROPEAN  UNION 

CHAPTER  VI 

The  Member  State  in  whose  territory  the  Union  has  its  seat  shall  accord  the  customary  diplomatic 
immunities  and  privileges  to  missions  of  third  countries  accredited  to  the  Union. 

Article  16 
(ex  Article  17) 

CHAPTER  VII 

GENERAL  PROVISIONS 

Article  17 
(ex  Article  18) 

Privileges,  immunities  and  facilities  shall  be  accorded  to  officials  and  other  servants  of  the  Union 
solely  in  the  interests  of  the  Union. 

Each  institution  of  the  Union  shall  be  required  to  waive  the  immunity  accorded  to  an  official  or 
other  servant  wherever  that  institution  considers  that  the  waiver  of  such  immunity  is  not  contrary  to 
the  interests  of  the  Union. 

The  institutions  of  the  Union  shall,  for  the  purpose  of  applying  this  Protocol,  cooperate  with  the 
responsible  authorities  of  the  Member  States  concerned. 

Article  18 
(ex  Article  19) 

Articles  11  to  14  and  Article  17  shall  apply  to  the  President  of  the  European  Council. 

Article  19 
(ex  Article  20) 

The  European  Parliament  and  the  Council,  acting  by  means  of  regulations  in  accordance  with  the 

ordinary  legislative  procedure,  and  after  consulting  the  other  institutions  concerned,  shall  determine 

the  categories  of  officials  and  other  servants  of  the  Union  to  whom  the  provisions  of  Article  11,  the 

second  paragraph  of  Article  12,  and  Article  13  shall  apply,  in  whole  or  in  part. 

They  shall  also  apply  to  Members  of  the  Commission. 

Article  20 
(ex  Article  21) 

The  names,  grades  and  addresses  of  officials  and  other  servants  included  in  such  categories  shall  be 

communicated  periodically  to  the  governments  of  the  Member  States.

Articles  11  to  14  and  Article  17  shall  apply  to  the  Judges,  the  Advocates-General,  the  Registrars  and 
the  Assistant  Rapporteurs  of  the  Court  of  Justice  of  the  European  Union,  without  prejudice  to  the 
provisions  of  Article  3  of  the  Protocol  on  the  Statute  of  the  Court  of  Justice  of  the  European  Union 
relating  to  immunity  from  legal  proceedings  of  Judges  and  Advocates-General.

Consolidated version of the treaty on european unionProtocols 
 
C  202/272 
272272

EN 

Official Journal of the European Union 

7.6.2016

Article  21 
(ex  Article  22) 

This  Protocol  shall  also  apply  to  the  European  Investment  Bank,  to  the  members  of  its  organs,  to  its 
staff  and  to  the  representatives  of  the  Member  States  taking  part  in  its  activities,  without  prejudice  to 
the  provisions  of  the  Protocol  on  the  Statute  of  the  Bank. 

The  European  Investment  Bank  shall  in  addition  be  exempt  from  any  form  of  taxation  or  imposition 
of  a  like  nature  on  the  occasion  of  any  increase  in  its  capital  and  from  the  various  formalities  which 
may  be  connected  therewith  in  the  State  where  the  Bank  has  its  seat.  Similarly,  its  dissolution  or 
liquidation  shall  not  give  rise  to  any  imposition.  Finally,  the  activities  of  the  Bank  and  of  its  organs 
carried  on  in  accordance  with  its  Statute  shall  not  be  subject  to  any  turnover  tax. 

Article  22 
(ex  Article  23) 

This  Protocol  shall  also  apply  to  the  European  Central  Bank,  to  the  members  of  its  organs  and  to  its 
staff,  without  prejudice  to  the  provisions  of  the  Protocol  on  the  Statute  of  the  European  System  of 
Central  Banks  and  the  European  Central  Bank. 

The  European  Central  Bank  shall,  in  addition,  be  exempt  from  any  form  of  taxation  or  imposition  of 
a  like  nature  on  the  occasion  of  any  increase  in  its  capital  and  from  the  various  formalities  which 
may  be  connected  therewith  in  the  State  where  the  bank  has  its  seat.  The  activities  of  the  Bank  and 
of  its  organs  carried  on  in  accordance  with  the  Statute  of  the  European  System  of  Central  Banks  and 
of  the  European  Central  Bank  shall  not  be  subject  to  any  turnover  tax.

Consolidated TreatiesConsolidated Treaties 
C  202/272 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/273
273273

Article  21 

(ex  Article  22) 

Article  22 

(ex  Article  23) 

This  Protocol  shall  also  apply  to  the  European  Investment  Bank,  to  the  members  of  its  organs,  to  its 

staff  and  to  the  representatives  of  the  Member  States  taking  part  in  its  activities,  without  prejudice  to 

the  provisions  of  the  Protocol  on  the  Statute  of  the  Bank. 

The  European  Investment  Bank  shall  in  addition  be  exempt  from  any  form  of  taxation  or  imposition 

of  a  like  nature  on  the  occasion  of  any  increase  in  its  capital  and  from  the  various  formalities  which 

may  be  connected  therewith  in  the  State  where  the  Bank  has  its  seat.  Similarly,  its  dissolution  or 

liquidation  shall  not  give  rise  to  any  imposition.  Finally,  the  activities  of  the  Bank  and  of  its  organs 

carried  on  in  accordance  with  its  Statute  shall  not  be  subject  to  any  turnover  tax. 

This  Protocol  shall  also  apply  to  the  European  Central  Bank,  to  the  members  of  its  organs  and  to  its 

staff,  without  prejudice  to  the  provisions  of  the  Protocol  on  the  Statute  of  the  European  System  of 

Central  Banks  and  the  European  Central  Bank. 

The  European  Central  Bank  shall,  in  addition,  be  exempt  from  any  form  of  taxation  or  imposition  of 

a  like  nature  on  the  occasion  of  any  increase  in  its  capital  and  from  the  various  formalities  which 

may  be  connected  therewith  in  the  State  where  the  bank  has  its  seat.  The  activities  of  the  Bank  and 

of  its  organs  carried  on  in  accordance  with  the  Statute  of  the  European  System  of  Central  Banks  and 

of  the  European  Central  Bank  shall  not  be  subject  to  any  turnover  tax.

PROTOCOL  (No  8) 

RELATING  TO  ARTICLE  6(2)  OF  THE  TREATY  ON  EUROPEAN  UNION 
ON  THE  ACCESSION  OF  THE  UNION  TO  THE  EUROPEAN 
CONVENTION  ON  THE  PROTECTION  OF  HUMAN  RIGHTS  AND 
FUNDAMENTAL  FREEDOMS 

THE  HIGH  CONTRACTING  PARTIES, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Article  1 

The  agreement  relating  to  the  accession  of  the  Union  to  the  European  Convention  on  the  Protection 
of  Human  Rights  and  Fundamental  Freedoms  (hereinafter  referred  to  as  the "European  Convention") 
provided  for  in  Article  6(2)  of  the  Treaty  on  European  Union  shall  make  provision  for  preserving 
the  specific  characteristics  of  the  Union  and  Union  law,  in  particular  with  regard  to: 

(a)  the  specific  arrangements  for  the  Union's  possible  participation  in  the  control  bodies  of  the 

European  Convention; 

(b)  the  mechanisms  necessary  to  ensure  that  proceedings  by  non-Member  States  and  individual 

applications  are  correctly  addressed  to  Member  States  and/or  the  Union  as  appropriate. 

Article  2 

The  agreement  referred  to  in  Article  1  shall  ensure  that  accession  of  the  Union  shall  not  affect  the 
competences  of  the  Union  or  the  powers  of  its  institutions.  It  shall  ensure  that  nothing  therein  affects 
the  situation  of  Member  States  in  relation  to  the  European  Convention,  in  particular  in  relation  to 
the  Protocols  thereto,  measures  taken  by  Member  States  derogating  from  the  European  Convention 
in  accordance  with  Article  15  thereof  and  reservations  to  the  European  Convention  made  by 
Member  States  in  accordance  with  Article  57  thereof. 

Nothing  in  the  agreement  referred  to  in  Article  1  shall  affect  Article  344  of  the  Treaty  on  the 
Functioning  of  the  European  Union.

Article  3 

Consolidated version of the treaty on european unionProtocols 
 
C  202/274 
274274

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  9) 

ON  THE  DECISION  OF  THE  COUNCIL  RELATING 
TO  THE  IMPLEMENTATION  OF  ARTICLE  16(4)  OF  THE  TREATY  ON 
EUROPEAN  UNION  AND  ARTICLE  238(2)  OF  THE  TREATY  ON  THE 
FUNCTIONING  OF  THE  EUROPEAN  UNION  BETWEEN  1  NOVEMBER 
2014  AND  31  MARCH  2017  ON  THE  ONE  HAND,  AND  AS  FROM 
1  APRIL  2017  ON  THE  OTHER 

THE  HIGH  CONTRACTING  PARTIES, 

TAKING  INTO  ACCOUNT  the  fundamental  importance  that  agreeing  on  the  Decision  of  the  Council 
relating  to  the  implementation  of  Article  16(4)  of  the  Treaty  on  European  Union  and  Article  238(2) 
of  the  Treaty  on  the  Functioning  of  the  European  Union  between  1  November  2014  and  31  March 
2017  on  the  one  hand,  and  as  from  1  April  2017  on  the  other  (hereinafter  "the  Decision"),  had 
when  approving  the  Treaty  of  Lisbon, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Sole  Article 

Before  the  examination  by  the  Council  of  any  draft  which  would  aim  either  at  amending  or 
abrogating  the  Decision  or  any  of  its  provisions,  or  at  modifying  indirectly  its  scope  or  its 
meaning  through  the  modification  of  another  legal  act  of  the  Union,  the  European  Council  shall 
hold  a  preliminary  deliberation  on  the  said  draft,  acting  by  consensus 
in  accordance  with 
Article  15(4)  of  the  Treaty  on  European  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/274 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/275
275275

PROTOCOL  (No  9) 

ON  THE  DECISION  OF  THE  COUNCIL  RELATING 

TO  THE  IMPLEMENTATION  OF  ARTICLE  16(4)  OF  THE  TREATY  ON 

EUROPEAN  UNION  AND  ARTICLE  238(2)  OF  THE  TREATY  ON  THE 

FUNCTIONING  OF  THE  EUROPEAN  UNION  BETWEEN  1  NOVEMBER 

2014  AND  31  MARCH  2017  ON  THE  ONE  HAND,  AND  AS  FROM 

1  APRIL  2017  ON  THE  OTHER 

THE  HIGH  CONTRACTING  PARTIES, 

TAKING  INTO  ACCOUNT  the  fundamental  importance  that  agreeing  on  the  Decision  of  the  Council 

relating  to  the  implementation  of  Article  16(4)  of  the  Treaty  on  European  Union  and  Article  238(2) 

of  the  Treaty  on  the  Functioning  of  the  European  Union  between  1  November  2014  and  31  March 

2017  on  the  one  hand,  and  as  from  1  April  2017  on  the  other  (hereinafter  "the  Decision"),  had 

when  approving  the  Treaty  of  Lisbon, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 

Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Sole  Article 

Before  the  examination  by  the  Council  of  any  draft  which  would  aim  either  at  amending  or 

abrogating  the  Decision  or  any  of  its  provisions,  or  at  modifying  indirectly  its  scope  or  its 

meaning  through  the  modification  of  another  legal  act  of  the  Union,  the  European  Council  shall 

hold  a  preliminary  deliberation  on  the  said  draft,  acting  by  consensus 

in  accordance  with 

Article  15(4)  of  the  Treaty  on  European  Union.

PROTOCOL  (No  10) 

ON  PERMANENT  STRUCTURED  COOPERATION  ESTABLISHED  BY 
ARTICLE  42  OF  THE  TREATY  ON  EUROPEAN  UNION 

THE  HIGH  CONTRACTING  PARTIES, 

HAVING  REGARD  TO  Article  42(6)  and  Article  46  of  the  Treaty  on  European  Union, 

RECALLING  that  the  Union  is  pursuing  a  common  foreign  and  security  policy  based  on  the 
achievement  of  growing  convergence  of  action  by  Member  States, 

RECALLING  that  the  common  security  and  defence  policy  is  an  integral  part  of  the  common  foreign 
and  security policy; that  it  provides  the  Union  with operational  capacity drawing  on  civil and  military 
assets;  that  the  Union  may  use  such  assets  in  the  tasks  referred  to  in  Article  43  of  the  Treaty  on 
European  Union  outside  the  Union  for  peace-keeping,  conflict  prevention  and  strengthening  inter­
national  security  in  accordance  with  the  principles  of  the  United  Nations  Charter;  that  the 
performance  of  these  tasks  is  to  be  undertaken  using  capabilities  provided  by  the  Member  States 
in  accordance  with  the  principle  of  a  single  set  of  forces, 

RECALLING that  the  common  security  and  defence  policy  of  the  Union  does  not  prejudice  the  specific 
character  of  the  security  and  defence  policy  of  certain  Member  States, 

RECALLING that  the  common  security  and  defence  policy  of  the  Union  respects  the  obligations  under 
the  North  Atlantic  Treaty  of  those  Member  States  which  see  their  common  defence  realised  in  the 
North  Atlantic  Treaty  Organisation,  which  remains  the  foundation  of  the  collective  defence  of  its 
members,  and  is  compatible  with  the  common  security  and  defence  policy  established  within  that 
framework, 

CONVINCED  that  a  more  assertive  Union  role  in  security  and  defence  matters  will  contribute  to  the 
vitality  of  a  renewed  Atlantic  Alliance,  in  accordance  with  the  Berlin  Plus  arrangements, 

DETERMINED  to  ensure  that  the  Union  is  capable  of  fully  assuming  its  responsibilities  within  the 
international  community, 

RECOGNISING that  the  United  Nations  Organisation  may  request  the  Union's  assistance  for  the  urgent 
implementation  of  missions  undertaken  under  Chapters  VI  and  VII  of  the  United  Nations  Charter, 

RECOGNISING that  the  strengthening  of  the  security  and  defence  policy  will  require  efforts  by  Member 
States  in  the  area  of  capabilities, 

CONSCIOUS that  embarking  on  a  new  stage  in  the  development  of  the  European  security  and  defence 
policy  involves  a  determined  effort  by  the  Member  States  concerned, 

RECALLING  the  importance  of  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security 
Policy  being  fully  involved  in  proceedings  relating  to  permanent  structured  cooperation,

Consolidated version of the treaty on european unionProtocols 
 
C  202/276 
276276

EN 

Official Journal of the European Union 

7.6.2016

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

The  permanent  structured  cooperation  referred  to  in  Article  42(6)  of  the  Treaty  on  European  Union 
shall  be  open  to  any  Member  State  which  undertakes,  from  the  date  of  entry  into  force  of  the  Treaty 
of  Lisbon,  to: 

Article  1 

(a)  proceed  more  intensively  to  develop  its  defence  capacities  through  the  development  of  its 
national  contributions  and  participation,  where  appropriate,  in  multinational  forces,  in  the 
main  European  equipment  programmes,  and  in  the  activity  of  the  Agency  in  the  field  of 
defence  capabilities  development,  research,  acquisition  and  armaments  (European  Defence 
Agency),  and 

(b)  have  the  capacity  to  supply  by  2010  at  the  latest,  either  at  national  level  or  as  a  component  of 
multinational  force  groups,  targeted  combat  units  for  the  missions  planned,  structured  at  a 
tactical  level  as  a  battle  group,  with  support  elements  including  transport  and  logistics, 
capable  of  carrying  out  the  tasks  referred  to  in  Article  43  of  the  Treaty  on  European  Union, 
within  a  period  of  five  to  30  days,  in  particular  in  response  to  requests  from  the  United  Nations 
Organisation,  and  which  can  be  sustained  for  an  initial  period  of  30  days  and  be  extended  up  to 
at  least  120  days. 

To  achieve  the  objectives  laid  down  in  Article  1,  Member  States  participating  in  permanent 
structured  cooperation  shall  undertake  to: 

Article  2 

(a)  cooperate,  as  from  the  entry  into  force  of  the  Treaty  of  Lisbon,  with  a  view  to  achieving 
approved  objectives  concerning  the  level  of  investment  expenditure  on  defence  equipment, 
and  regularly  review  these  objectives,  in  the  light  of  the  security  environment  and  of  the  Union's 
international  responsibilities; 

(b)  bring  their  defence  apparatus  into  line  with  each  other  as  far  as  possible,  particularly  by 
harmonising  the  identification  of  their  military  needs,  by  pooling  and,  where  appropriate, 
specialising  their  defence  means  and  capabilities,  and  by  encouraging  cooperation  in  the  fields 
of  training  and  logistics; 

(c)  take  concrete  measures  to  enhance  the  availability,  interoperability,  flexibility  and  deployability  of 
their  forces,  in  particular  by  identifying  common  objectives  regarding  the  commitment  of  forces, 
including  possibly  reviewing  their  national  decision-making  procedures; 

(d)  work  together  to  ensure  that  they  take  the  necessary  measures  to  make  good,  including  through 
multinational  approaches,  and  without  prejudice  to  undertakings  in  this  regard  within  the  North 
Atlantic  Treaty  Organisation,  the  shortfalls  perceived  in  the  framework  of  the  "Capability  Devel­
opment  Mechanism";

Consolidated TreatiesConsolidated Treaties 
C  202/276 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/277
277277

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 

(e)  take  part,  where  appropriate,  in  the  development  of  major  joint  or  European  equipment 

Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

programmes  in  the  framework  of  the  European  Defence  Agency. 

Article  3 

The  European  Defence  Agency  shall  contribute  to  the  regular  assessment  of  participating 
Member  States'  contributions  with  regard  to  capabilities,  in  particular  contributions  made  in 
accordance  with  the  criteria  to  be  established,  inter  alia,  on  the  basis  of  Article  2,  and  shall 
report  thereon  at  least  once  a  year.  The  assessment  may  serve  as  a  basis  for  Council  recommen­
dations  and  decisions  adopted  in  accordance  with  Article  46  of  the  Treaty  on  European  Union.

The  permanent  structured  cooperation  referred  to  in  Article  42(6)  of  the  Treaty  on  European  Union 

shall  be  open  to  any  Member  State  which  undertakes,  from  the  date  of  entry  into  force  of  the  Treaty 

of  Lisbon,  to: 

Article  1 

(a)  proceed  more  intensively  to  develop  its  defence  capacities  through  the  development  of  its 

national  contributions  and  participation,  where  appropriate,  in  multinational  forces,  in  the 

main  European  equipment  programmes,  and  in  the  activity  of  the  Agency  in  the  field  of 

defence  capabilities  development,  research,  acquisition  and  armaments  (European  Defence 

Agency),  and 

(b)  have  the  capacity  to  supply  by  2010  at  the  latest,  either  at  national  level  or  as  a  component  of 

multinational  force  groups,  targeted  combat  units  for  the  missions  planned,  structured  at  a 

tactical  level  as  a  battle  group,  with  support  elements  including  transport  and  logistics, 

capable  of  carrying  out  the  tasks  referred  to  in  Article  43  of  the  Treaty  on  European  Union, 

within  a  period  of  five  to  30  days,  in  particular  in  response  to  requests  from  the  United  Nations 

Organisation,  and  which  can  be  sustained  for  an  initial  period  of  30  days  and  be  extended  up  to 

at  least  120  days. 

To  achieve  the  objectives  laid  down  in  Article  1,  Member  States  participating  in  permanent 

structured  cooperation  shall  undertake  to: 

Article  2 

(a)  cooperate,  as  from  the  entry  into  force  of  the  Treaty  of  Lisbon,  with  a  view  to  achieving 

approved  objectives  concerning  the  level  of  investment  expenditure  on  defence  equipment, 

and  regularly  review  these  objectives,  in  the  light  of  the  security  environment  and  of  the  Union's 

international  responsibilities; 

(b)  bring  their  defence  apparatus  into  line  with  each  other  as  far  as  possible,  particularly  by 

harmonising  the  identification  of  their  military  needs,  by  pooling  and,  where  appropriate, 

specialising  their  defence  means  and  capabilities,  and  by  encouraging  cooperation  in  the  fields 

of  training  and  logistics; 

(c)  take  concrete  measures  to  enhance  the  availability,  interoperability,  flexibility  and  deployability  of 

their  forces,  in  particular  by  identifying  common  objectives  regarding  the  commitment  of  forces, 

including  possibly  reviewing  their  national  decision-making  procedures; 

(d)  work  together  to  ensure  that  they  take  the  necessary  measures  to  make  good,  including  through 

multinational  approaches,  and  without  prejudice  to  undertakings  in  this  regard  within  the  North 

Atlantic  Treaty  Organisation,  the  shortfalls  perceived  in  the  framework  of  the  "Capability  Devel­

opment  Mechanism";

Consolidated version of the treaty on european unionProtocols 
 
C  202/278 
278278

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  11) 

ON  ARTICLE  42  OF  THE  TREATY  ON  EUROPEAN  UNION 

THE  HIGH  CONTRACTING  PARTIES, 

BEARING  IN  MIND  the  need  to  implement  fully  the  provisions  of  Article  42(2)  of  the  Treaty  on 
European  Union, 

BEARING  IN  MIND  that  the  policy  of  the  Union  in  accordance  with  Article  42  shall  not  prejudice  the 
specific  character  of  the  security  and  defence  policy  of  certain  Member  States  and  shall  respect  the 
obligations  of  certain  Member  States,  which  see  their  common  defence  realised  in  NATO,  under  the 
North  Atlantic  Treaty  and  be  compatible  with  the  common  security  and  defence  policy  established 
within  that  framework, 

HAVE  AGREED  UPON  the  following  provision,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

The  European  Union  shall  draw  up,  together  with  the  Western  European  Union,  arrangements  for 
enhanced  cooperation  between  them.

Consolidated TreatiesConsolidated Treaties 
BEARING  IN  MIND  the  need  to  implement  fully  the  provisions  of  Article  42(2)  of  the  Treaty  on 

European  Union, 

BEARING  IN  MIND  that  the  policy  of  the  Union  in  accordance  with  Article  42  shall  not  prejudice  the 

specific  character  of  the  security  and  defence  policy  of  certain  Member  States  and  shall  respect  the 

obligations  of  certain  Member  States,  which  see  their  common  defence  realised  in  NATO,  under  the 

North  Atlantic  Treaty  and  be  compatible  with  the  common  security  and  defence  policy  established 

within  that  framework, 

HAVE  AGREED  UPON  the  following  provision,  which  shall  be  annexed  to  the  Treaty  on  European 

Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

The  European  Union  shall  draw  up,  together  with  the  Western  European  Union,  arrangements  for 

enhanced  cooperation  between  them.

C  202/278 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/279
279279

PROTOCOL  (No  11) 

ON  ARTICLE  42  OF  THE  TREATY  ON  EUROPEAN  UNION 

PROTOCOL  (No  12) 

ON  THE  EXCESSIVE  DEFICIT  PROCEDURE 

THE  HIGH  CONTRACTING  PARTIES, 

THE  HIGH  CONTRACTING  PARTIES, 

DESIRING  TO lay  down  the  details  of  the  excessive  deficit  procedure  referred  to  in  Article  126  of  the 
Treaty  on  the  Functioning  of  the  European  Union, 

HAVE  AGREED  upon 
European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

following  provisions,  which  shall  be  annexed 

the 

to 

the  Treaty  on 

The  reference  values  referred  to  in  Article  126(2)  of  the  Treaty  on  the  Functioning  of  the 
European  Union  are: 

Article  1 

—  3 %  for  the  ratio  of  the  planned  or  actual government  deficit to  gross  domestic  product  at  market 

prices; 

—  60 %  for  the  ratio  of  government  debt  to  gross  domestic  product  at  market  prices. 

In  Article  126  of  the  said  Treaty  and  in  this  Protocol: 

Article  2 

—  "government"  means  general  government,  that 

local 
government  and  social  security  funds,  to  the  exclusion  of  commercial  operations,  as  defined  in 
the  European  System  of  Integrated  Economic  Accounts; 

is  central  government,  regional  or 

—  "deficit"  means  net  borrowing  as  defined 

Economic  Accounts; 

in 

the  European  System  of 

Integrated 

—  "investment"  means  gross  fixed  capital formation  as  defined  in  the  European  System  of  Integrated 

Economic  Accounts; 

—  "debt"  means  total  gross  debt  at  nominal  value  outstanding  at  the  end  of  the  year  and 
consolidated  between  and  within  the  sectors  of  general  government  as  defined  in  the  first  indent. 

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

Article  3 

Consolidated version of the treaty on european unionProtocols 
 
C  202/280 
280280

EN 

Official Journal of the European Union 

7.6.2016

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  these  Treaties. 
The  Member  States  shall  report  their  planned  and  actual  deficits  and  the  levels  of  their  debt  promptly 
and  regularly  to  the  Commission. 

The  statistical  data  to  be  used  for  the  application  of  this  Protocol  shall  be  provided  by 
the  Commission.

Article  4 

Consolidated TreatiesConsolidated Treaties 
C  202/280 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/281
281281

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  these  Treaties. 

The  Member  States  shall  report  their  planned  and  actual  deficits  and  the  levels  of  their  debt  promptly 

and  regularly  to  the  Commission. 

The  statistical  data  to  be  used  for  the  application  of  this  Protocol  shall  be  provided  by 

the  Commission.

Article  4 

PROTOCOL  (No  13) 

ON  THE  CONVERGENCE  CRITERIA 

THE  HIGH  CONTRACTING  PARTIES, 

DESIRING  to  lay  down  the  details  of  the  convergence  criteria  which  shall  guide  the  Union  in  taking 
decisions to end the derogations of those Member States with a derogation, referred to in Article  140 
of  the  Treaty  on  the  Functioning  of  the  European  Union, 

HAVE  AGREED  upon 
European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

following  provisions,  which  shall  be  annexed 

the 

to 

the  Treaty  on 

Article  1 

The  criterion  on  price  stability  referred  to  in  the  first  indent  of  Article  140(1)  of  the  Treaty  on  the 
Functioning  of  the  European  Union  shall  mean  that  a  Member  State  has  a  price  performance  that  is 
sustainable  and  an  average  rate  of  inflation,  observed  over  a  period  of  one  year  before  the  examin­
ation,  that  does  not  exceed  by  more  than  1  ½  percentage  points  that  of,  at  most,  the  three  best 
performing  Member  States  in  terms  of  price  stability.  Inflation  shall  be  measured  by  means  of  the 
consumer  price  index  on  a  comparable  basis  taking  into  account  differences  in  national  definitions. 

Article  2 

The  criterion  on  the  government  budgetary  position  referred  to 
indent  of 
Article  140(1)  of  the  said  Treaty  shall  mean  that  at  the  time  of  the  examination  the  Member 
State  is  not  the  subject  of  a  Council  decision  under  Article  126(6)  of  the  said  Treaty  that  an 
excessive  deficit  exists. 

in  the  second 

Article  3 

The  criterion  on  participation  in  the  Exchange  Rate  mechanism  of  the  European  Monetary  System 
referred  to  in  the  third  indent  of  Article  140(1)  of  the  said  Treaty  shall  mean  that  a  Member  State 
has  respected  the  normal  fluctuation  margins  provided  for  by  the  exchange-rate  mechanism  on  the 
European  Monetary  System  without  severe  tensions  for  at  least  the  last  two  years  before  the  examin­
ation.  In  particular,  the  Member  State  shall  not  have  devalued  its  currency's  bilateral  central  rate 
against  the  euro  on  its  own  initiative  for  the  same  period. 

The  criterion  on  the  convergence  of  interest  rates  referred  to  in  the  fourth  indent  of  Article  140(1) 
of  the  said  Treaty  shall  mean  that,  observed  over  a  period  of  one  year  before  the  examination,  a 
Member  State  has  had  an  average  nominal  long-term  interest  rate  that  does  not  exceed  by  more

Article  4 

Consolidated version of the treaty on european unionProtocols 
 
C  202/282 
282282

EN 

Official Journal of the European Union 

7.6.2016

than  two  percentage  points  that  of,  at  most,  the  three  best  performing  Member  States  in  terms  of 
price  stability.  Interest  rates  shall  be  measured  on  the  basis  of  long-term  government  bonds  or 
comparable  securities,  taking  into  account  differences  in  national  definitions. 

The  statistical  data  to  be  used  for  the  application  of  this  Protocol  shall  be  provided  by 
the  Commission. 

Article  5 

Article  6 

The  Council  shall,  acting  unanimously  on  a  proposal  from  the  Commission  and  after  consulting  the 
European  Parliament,  the  ECB  and  the  Economic  and  Financial  Committee,  adopt  appropriate 
provisions  to  lay  down  the  details  of  the  convergence  criteria  referred  to  in  Article  140(1)  of  the 
said  Treaty,  which  shall  then  replace  this  Protocol.

Consolidated TreatiesConsolidated Treaties 
C  202/282 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/283
283283

than  two  percentage  points  that  of,  at  most,  the  three  best  performing  Member  States  in  terms  of 

price  stability.  Interest  rates  shall  be  measured  on  the  basis  of  long-term  government  bonds  or 

comparable  securities,  taking  into  account  differences  in  national  definitions. 

PROTOCOL  (No  14) 

ON  THE  EURO  GROUP 

Article  5 

Article  6 

The  statistical  data  to  be  used  for  the  application  of  this  Protocol  shall  be  provided  by 

the  Commission. 

The  Council  shall,  acting  unanimously  on  a  proposal  from  the  Commission  and  after  consulting  the 

European  Parliament,  the  ECB  and  the  Economic  and  Financial  Committee,  adopt  appropriate 

provisions  to  lay  down  the  details  of  the  convergence  criteria  referred  to  in  Article  140(1)  of  the 

said  Treaty,  which  shall  then  replace  this  Protocol.

THE  HIGH  CONTRACTING  PARTIES, 

DESIRING  to  promote  conditions  for  stronger  economic  growth  in  the  European  Union  and,  to  that 
end,  to  develop  ever-closer  coordination  of  economic  policies  within  the  euro  area, 

CONSCIOUS  of  the  need  to  lay  down  special  provisions  for  enhanced  dialogue  between  the  Member 
States  whose  currency  is  the  euro,  pending  the  euro  becoming  the  currency  of  all  Member  States  of 
the  Union, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Article  1 

The  Ministers  of  the  Member  States  whose  currency  is  the  euro  shall  meet  informally.  Such  meetings 
shall  take  place,  when  necessary, to  discuss  questions  related  to  the  specific  responsibilities  they  share 
with  regard  to  the  single  currency.  The  Commission  shall  take  part  in  the  meetings.  The  European 
Central  Bank  shall  be  invited  to  take  part  in  such  meetings,  which  shall  be  prepared  by  the  represen­
tatives  of  the  Ministers  with  responsibility  for  finance  of  the  Member  States  whose  currency  is  the 
euro  and  of  the  Commission. 

The  Ministers  of  the  Member  States  whose  currency  is  the  euro  shall  elect  a  president  for  two  and  a 
half  years,  by  a  majority  of  those  Member  States.

Article  2 

Consolidated version of the treaty on european unionProtocols 
 
C  202/284 
284284

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  15) 

ON  CERTAIN  PROVISIONS  RELATING  TO  THE  UNITED  KINGDOM  OF 
GREAT  BRITAIN  AND  NORTHERN  IRELAND 

THE  HIGH  CONTRACTING  PARTIES, 

RECOGNISING that  the  United  Kingdom  shall  not  be  obliged  or  committed  to  adopt  the  euro  without 
a  separate  decision  to  do  so  by  its  government  and  parliament, 

GIVEN  that  on  16  October  1996  and  30  October  1997  the  United  Kingdom  government  notified 
the  Council  of  its  intention  not  to  participate  in  the  third  stage  of  economic  and  monetary  union, 

NOTING the  practice  of  the  government  of  the  United  Kingdom  to  fund  its  borrowing  requirement  by 
the  sale  of  debt  to  the  private  sector, 

HAVE  AGREED  upon 
European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

following  provisions,  which  shall  be  annexed 

the 

to 

the  Treaty  on 

Unless  the  United  Kingdom  notifies  the  Council  that  it  intends  to  adopt  the  euro,  it  shall  be 

1. 
under  no  obligation  to  do  so. 

In  view  of 

the  United  Kingdom  government 
2. 
on  16  October  1996  and  30  October  1997,  paragraphs  3  to  8  and  10  shall  apply  to  the 
United  Kingdom. 

the  notice  given 

the  Council  by 

to 

The  United  Kingdom  shall  retain  its  powers  in  the  field  of  monetary  policy  according  to 

3. 
national  law. 

4.  Articles  119,  second  paragraph,  126(1),  (9)  and  (11),  127(1)  to  (5),  128,  130,  131,  132,  133, 
138,  140(3),  219,  282(2),  with  the  exception  of  the  first  and  last  sentences  thereof,  282(5),  and  283 
of  the  Treaty  on  the  Functioning  of  the  European  Union  shall  not  apply to  the  United  Kingdom.  The 
same  applies  to  Article  121(2)  of  this  Treaty  as  regards  the  adoption  of  the  parts  of  the  broad 
economic  policy  guidelines  which  concern  the  euro  area  generally.  In  these  provisions  references  to 
the  Union  or  the  Member  States  shall  not  include  the  United  Kingdom  and  references  to  national 
central  banks  shall  not  include  the  Bank  of  England. 

5. 

The  United  Kingdom  shall  endeavour  to  avoid  an  excessive  government  deficit. 

Articles  143  and  144  of  the  Treaty  on  the  Functioning  of  the  European  Union  shall  continue  to 
apply to  the  United  Kingdom.  Articles  134(4)  and  142  shall  apply to  the  United  Kingdom  as  if  it  had 
a  derogation.

Consolidated TreatiesConsolidated Treaties 
C  202/284 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/285
285285

PROTOCOL  (No  15) 

ON  CERTAIN  PROVISIONS  RELATING  TO  THE  UNITED  KINGDOM  OF 

GREAT  BRITAIN  AND  NORTHERN  IRELAND 

6. 
The  voting  rights  of  the  United  Kingdom  shall  be  suspended  in  respect  of  acts  of  the  Council 
referred  to  in  the  Articles  listed  in  paragraph  4  and  in  the  instances  referred  to  in  the  first 
subparagraph  of  Article  139(4)  of  the  Treaty  on  the  Functioning  of  the  European  Union.  For  this 
purpose  the  second  subparagraph  of  Article  139(4)  of  the  Treaty  shall  apply. 

the  ECB  under 

the  other  members  of 

the  Executive  Board  of 

The  United  Kingdom  shall  also  have  no  right  to  participate  in  the  appointment  of  the  President,  the 
the 
Vice-President  and 
second  subparagraph  of  Article  283(2)  of  the  said  Treaty. 

THE  HIGH  CONTRACTING  PARTIES, 

RECOGNISING that  the  United  Kingdom  shall  not  be  obliged  or  committed  to  adopt  the  euro  without 

a  separate  decision  to  do  so  by  its  government  and  parliament, 

GIVEN  that  on  16  October  1996  and  30  October  1997  the  United  Kingdom  government  notified 

the  Council  of  its  intention  not  to  participate  in  the  third  stage  of  economic  and  monetary  union, 

NOTING the  practice  of  the  government  of  the  United  Kingdom  to  fund  its  borrowing  requirement  by 

the  sale  of  debt  to  the  private  sector, 

HAVE  AGREED  upon 

the 

following  provisions,  which  shall  be  annexed 

to 

the  Treaty  on 

European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

1. 

Unless  the  United  Kingdom  notifies  the  Council  that  it  intends  to  adopt  the  euro,  it  shall  be 

under  no  obligation  to  do  so. 

2. 

In  view  of 

the  notice  given 

to 

the  Council  by 

the  United  Kingdom  government 

on  16  October  1996  and  30  October  1997,  paragraphs  3  to  8  and  10  shall  apply  to  the 

3. 

The  United  Kingdom  shall  retain  its  powers  in  the  field  of  monetary  policy  according  to 

United  Kingdom. 

national  law. 

4.  Articles  119,  second  paragraph,  126(1),  (9)  and  (11),  127(1)  to  (5),  128,  130,  131,  132,  133, 

138,  140(3),  219,  282(2),  with  the  exception  of  the  first  and  last  sentences  thereof,  282(5),  and  283 

of  the  Treaty  on  the  Functioning  of  the  European  Union  shall  not  apply to  the  United  Kingdom.  The 

same  applies  to  Article  121(2)  of  this  Treaty  as  regards  the  adoption  of  the  parts  of  the  broad 

economic  policy  guidelines  which  concern  the  euro  area  generally.  In  these  provisions  references  to 

the  Union  or  the  Member  States  shall  not  include  the  United  Kingdom  and  references  to  national 

central  banks  shall  not  include  the  Bank  of  England. 

5. 

The  United  Kingdom  shall  endeavour  to  avoid  an  excessive  government  deficit. 

7.  Articles  3,  4,  6,  7,  9.2,  10.1,  10.3,  11.2,  12.1,  14,  16,  18  to  20,  22,  23,  26,  27,  30  to  34  and 
49  of  the  Protocol  on  the  Statute  of  the  European  System  of  Central  Banks  and  of  the  European 
Central  Bank  ("the  Statute")  shall  not  apply  to  the  United  Kingdom. 

In those Articles, references to the Union  or the Member States shall not include the United  Kingdom 
and  references  to  national  central  banks  or  shareholders  shall  not  include  the  Bank  of  England. 

References  in  Articles  10.3  and  30.2  of  the  Statute  to  "subscribed  capital  of  the  ECB"  shall  not 
include  capital  subscribed  by  the  Bank  of  England. 

8.  Article  141(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union  and  Articles  43  to  47 
of  the  Statute  shall  have  effect,  whether  or  not  there  is  any  Member  State  with  a  derogation,  subject 
to  the  following  amendments: 

(a)  References  in  Article  43  to  the  tasks  of  the  ECB  and  the  EMI  shall  include  those  tasks  that  still 
need  to  be  performed  in  the  third  stage  owing  to  any  decision  of  the  United  Kingdom  not  to 
adopt  the  euro. 

(b)  In  addition  to  the  tasks  referred to  in  Article  46,  the  ECB  shall  also  give  advice  in  relation  to  and 
contribute  to  the  preparation  of  any  decision  of  the  Council  with  regard  to  the  United  Kingdom 
taken  in  accordance  with  paragraphs  9(a)  and  9(c). 

(c)  The  Bank  of  England  shall  pay  up  its  subscription  to  the  capital  of  the  ECB  as  a  contribution  to 
its  operational  costs  on  the  same  basis  as  national  central  banks  of  Member  States  with  a  dero­
gation. 

The  United  Kingdom  may  notify  the  Council  at  any  time  of  its  intention  to  adopt  the  euro. 

9. 
In  that  event: 

(a)  The  United  Kingdom  shall  have  the  right  to  adopt  the  euro  provided  only  that  it  satisfies  the 
necessary  conditions.  The  Council,  acting  at  the  request  of  the  United  Kingdom  and  under  the 
conditions  and  in  accordance  with  the  procedure  laid  down  in  Article  140(1)  and  (2)  of 
the  Treaty  on  the  Functioning  of  the  European  Union,  shall  decide  whether  it  fulfils  the 
necessary  conditions. 

Articles  143  and  144  of  the  Treaty  on  the  Functioning  of  the  European  Union  shall  continue  to 

apply to  the  United  Kingdom.  Articles  134(4)  and  142  shall  apply to  the  United  Kingdom  as  if  it  had 

a  derogation.

(b)  The  Bank  of  England  shall  pay  up  its  subscribed  capital,  transfer  to  the  ECB  foreign  reserve  assets 
and  contribute  to  its  reserves  on  the  same  basis  as  the  national  central  bank  of  a  Member  State 
whose  derogation  has  been  abrogated.

Consolidated version of the treaty on european unionProtocols 
 
C  202/286 
286286

EN 

Official Journal of the European Union 

7.6.2016

(c)  The  Council,  acting  under  the  conditions  and  in  accordance  with  the  procedure  laid  down  in 
Article  140(3)  of  the  said  Treaty,  shall  take  all  other  necessary  decisions  to  enable  the 
United  Kingdom  to  adopt  the  euro. 

If  the  United  Kingdom  adopts  the  euro  pursuant  to  the  provisions  of  this  Protocol,  paragraphs 3  to  8 
shall  cease  to  have  effect. 

10.  Notwithstanding  Article  123  of  the  Treaty  on  the  Functioning  of  the  European  Union  and 
Article  21.1  of  the  Statute,  the  Government  of  the  United  Kingdom  may  maintain  its  "ways  and 
means"  facility  with  the  Bank  of  England  if  and  so  long  as  the  United  Kingdom  does  not  adopt 
the  euro.

Consolidated TreatiesConsolidated Treaties 
C  202/286 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/287
287287

(c)  The  Council,  acting  under  the  conditions  and  in  accordance  with  the  procedure  laid  down  in 

Article  140(3)  of  the  said  Treaty,  shall  take  all  other  necessary  decisions  to  enable  the 

United  Kingdom  to  adopt  the  euro. 

PROTOCOL  (No  16) 

ON  CERTAIN  PROVISIONS  RELATING  TO  DENMARK 

If  the  United  Kingdom  adopts  the  euro  pursuant  to  the  provisions  of  this  Protocol,  paragraphs 3  to  8 

THE  HIGH  CONTRACTING  PARTIES, 

shall  cease  to  have  effect. 

10.  Notwithstanding  Article  123  of  the  Treaty  on  the  Functioning  of  the  European  Union  and 

Article  21.1  of  the  Statute,  the  Government  of  the  United  Kingdom  may  maintain  its  "ways  and 

means"  facility  with  the  Bank  of  England  if  and  so  long  as  the  United  Kingdom  does  not  adopt 

the  euro.

INTO  ACCOUNT  that  the  Danish  Constitution  contains  provisions  which  may 

TAKING 
a  referendum  in  Denmark  prior  to  Denmark  renouncing  its  exemption, 

imply 

GIVEN THAT, on  3  November  1993,  the  Danish  Government  notified  the  Council  of  its  intention  not 
to  participate  in  the  third  stage  of  economic  and  monetary  union, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

In  view  of  the  notice  given  to  the  Council  by  the  Danish  Government  on  3  November  1993, 
1. 
Denmark  shall  have  an  exemption.  The  effect  of  the  exemption  shall  be  that  all  Articles  and 
provisions  of  the  Treaties  and  the  Statute  of  the  ESCB  referring  to  a  derogation  shall  be  applicable 
to  Denmark. 

2.  As  for  the  abrogation  of  the  exemption,  the  procedure  referred  to  in  Article  140  shall  only  be 
initiated  at  the  request  of  Denmark. 

In  the  event  of  abrogation  of  the  exemption  status, the  provisions  of  this  Protocol  shall cease to 

3. 
apply.

Consolidated version of the treaty on european unionProtocols 
 
C  202/288 
288288

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  17) 

ON  DENMARK 

THE  HIGH  CONTRACTING  PARTIES, 

DESIRING  to  settle  certain  particular  problems  relating  to  Denmark, 

HAVE  AGREED  upon 
following  provisions,  which  shall  be  annexed 
European  Union  and  the  Treaty  on  the  Functioning  of  the  European  Union: 

the 

to 

the  Treaty  on 

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 
Union.

Consolidated TreatiesConsolidated Treaties 
C  202/288 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/289
289289

PROTOCOL  (No  17) 

ON  DENMARK 

PROTOCOL  (No  18) 

ON  FRANCE 

THE  HIGH  CONTRACTING  PARTIES, 

THE  HIGH  CONTRACTING  PARTIES, 

DESIRING  to  settle  certain  particular  problems  relating  to  Denmark, 

DESIRING  to  take  into  account  a  particular  point  relating  to  France, 

HAVE  AGREED  upon 

the 

following  provisions,  which  shall  be  annexed 

to 

the  Treaty  on 

European  Union  and  the  Treaty  on  the  Functioning  of  the  European  Union: 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

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 

France  will  keep  the  privilege  of  monetary  emission  in  New  Caledonia,  French  Polynesia  and  Wallis 
and  Futuna  under  the  terms  established  by  its  national  laws,  and  will  be  solely  entitled  to  determine 
the  parity  of  the  CFP  franc.

Union.

Consolidated version of the treaty on european unionProtocols 
 
C  202/290 
290290

EN 

Official Journal of the European Union 

7.6.2016 

PROTOCOL  (No  19) 

ON  THE  SCHENGEN  ACQUIS  INTEGRATED  INTO  THE  FRAMEWORK 
OF  THE  EUROPEAN  UNION 

THE  HIGH  CONTRACTING  PARTIES, 

NOTING that  the  Agreements  on  the  gradual  abolition  of  checks  at  common  borders  signed  by  some 
Member  States  of  the  European  Union  in  Schengen  on  14  June  1985  and  on  19  June  1990,  as  well 
as  related  agreements  and  the  rules  adopted  on  the  basis  of  these  agreements,  have  been  integrated 
into  the  framework  of  the  European  Union  by  the  Treaty  of  Amsterdam  of  2  October  1997, 

DESIRING  to  preserve  the  Schengen  acquis,  as  developed  since  the  entry  into  force  of  the  Treaty  of 
Amsterdam,  and  to  develop  this  acquis  in  order  to  contribute  towards  achieving  the  objective  of 
offering  citizens  of  the  Union  an  area  of  freedom,  security  and  justice  without  internal  borders, 

TAKING  INTO  ACCOUNT  the  special  position  of  Denmark, 

TAKING  INTO  ACCOUNT  the  fact  that  Ireland  and  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland  do  not  participate  in  all  the  provisions  of  the  Schengen  acquis;  that  provision  should, 
however,  be  made  to  allow  those  Member  States  to  accept  other  provisions  of  this  acquis  in  full 
or  in  part, 

RECOGNISING  that,  as  a  consequence,  it  is  necessary  to  make  use  of  the  provisions  of  the  Treaties 
concerning  closer  cooperation  between  some  Member  States, 

TAKING  INTO  ACCOUNT  the  need  to  maintain  a  special  relationship  with  the  Republic  of  Iceland  and 
the  Kingdom  of  Norway,  both  States  being  bound  by  the  provisions  of  the  Nordic  passport  union, 
together  with  the  Nordic  States  which  are  members  of  the  European  Union, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Article  1 

The  Kingdom  of  Belgium,  the  Republic  of  Bulgaria,  the  Czech  Republic,  the  Kingdom  of  Denmark, 
the  Federal  Republic  of  Germany,  the  Republic  of  Estonia,  the  Hellenic  Republic,  the  Kingdom  of 
Spain,  the  French  Republic,  the  Italian  Republic,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the 
Republic  of  Lithuania,  the  Grand  Duchy  of  Luxembourg,  the  Republic  of  Hungary,  Malta, 
the  Kingdom  of  the  Netherlands,  the  Republic  of  Austria,  the  Republic  of  Poland,  the  Portuguese 
Republic,  Romania,  the  Republic  of  Slovenia,  the  Slovak  Republic,  the  Republic  of  Finland  and 
the  Kingdom  of  Sweden  shall  be  authorised  to  establish  closer  cooperation  among  themselves  in 
areas  covered  by  provisions  defined  by  the  Council  which  constitute  the  Schengen  acquis ( 1 ).  This 
cooperation  shall  be  conducted  within  the  institutional  and  legal  framework  of  the  European  Union 
and  with  respect  for  the  relevant  provisions  of  the  Treaties.

( 1 )  In  accordance  with  the  Act  of  Accession  of  9  December  2011,  the  Republic  of  Croatia  has  since  become  a  member 

of  the  European  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/290 

EN 

Official Journal of the European Union 

7.6.2016 

7.6.2016 

EN 

Official Journal of the European Union 

C  202/291 
291291

PROTOCOL  (No  19) 

ON  THE  SCHENGEN  ACQUIS  INTEGRATED  INTO  THE  FRAMEWORK 

OF  THE  EUROPEAN  UNION 

THE  HIGH  CONTRACTING  PARTIES, 

Article  2 

The  Schengen  acquis  shall  apply  to  the  Member  States  referred  to  in  Article  1,  without  prejudice  to 
Article  3  of  the  Act  of  Accession  of  16  April  2003  or  to  Article  4  of  the  Act  of  Accession 
of  25  April  2005 ( 1 ).  The  Council  will  substitute  itself  for  the  Executive  Committee  established  by 
the  Schengen  agreements. 

NOTING that  the  Agreements  on  the  gradual  abolition  of  checks  at  common  borders  signed  by  some 

Member  States  of  the  European  Union  in  Schengen  on  14  June  1985  and  on  19  June  1990,  as  well 

as  related  agreements  and  the  rules  adopted  on  the  basis  of  these  agreements,  have  been  integrated 

into  the  framework  of  the  European  Union  by  the  Treaty  of  Amsterdam  of  2  October  1997, 

The  participation  of  Denmark  in  the  adoption  of  measures  constituting  a  development  of  the 
Schengen  acquis,  as  well  as  the  implementation  of  these  measures  and  their  application  to 
Denmark,  shall  be  governed  by  the  relevant  provisions  of  the  Protocol  on  the  position  of  Denmark. 

Article  3 

DESIRING  to  preserve  the  Schengen  acquis,  as  developed  since  the  entry  into  force  of  the  Treaty  of 

Amsterdam,  and  to  develop  this  acquis  in  order  to  contribute  towards  achieving  the  objective  of 

offering  citizens  of  the  Union  an  area  of  freedom,  security  and  justice  without  internal  borders, 

TAKING  INTO  ACCOUNT  the  special  position  of  Denmark, 

TAKING  INTO  ACCOUNT  the  fact  that  Ireland  and  the  United  Kingdom  of  Great  Britain  and  Northern 

Ireland  do  not  participate  in  all  the  provisions  of  the  Schengen  acquis;  that  provision  should, 

however,  be  made  to  allow  those  Member  States  to  accept  other  provisions  of  this  acquis  in  full 

or  in  part, 

RECOGNISING  that,  as  a  consequence,  it  is  necessary  to  make  use  of  the  provisions  of  the  Treaties 

concerning  closer  cooperation  between  some  Member  States, 

TAKING  INTO  ACCOUNT  the  need  to  maintain  a  special  relationship  with  the  Republic  of  Iceland  and 

the  Kingdom  of  Norway,  both  States  being  bound  by  the  provisions  of  the  Nordic  passport  union, 

together  with  the  Nordic  States  which  are  members  of  the  European  Union, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 

Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Article  1 

The  Kingdom  of  Belgium,  the  Republic  of  Bulgaria,  the  Czech  Republic,  the  Kingdom  of  Denmark, 

the  Federal  Republic  of  Germany,  the  Republic  of  Estonia,  the  Hellenic  Republic,  the  Kingdom  of 

Spain,  the  French  Republic,  the  Italian  Republic,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the 

Republic  of  Lithuania,  the  Grand  Duchy  of  Luxembourg,  the  Republic  of  Hungary,  Malta, 

the  Kingdom  of  the  Netherlands,  the  Republic  of  Austria,  the  Republic  of  Poland,  the  Portuguese 

Republic,  Romania,  the  Republic  of  Slovenia,  the  Slovak  Republic,  the  Republic  of  Finland  and 

the  Kingdom  of  Sweden  shall  be  authorised  to  establish  closer  cooperation  among  themselves  in 

areas  covered  by  provisions  defined  by  the  Council  which  constitute  the  Schengen  acquis ( 1 ).  This 

cooperation  shall  be  conducted  within  the  institutional  and  legal  framework  of  the  European  Union 

and  with  respect  for  the  relevant  provisions  of  the  Treaties.

( 1 )  In  accordance  with  the  Act  of  Accession  of  9  December  2011,  the  Republic  of  Croatia  has  since  become  a  member 

of  the  European  Union.

Ireland  and  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  may  at  any  time  request  to 
take  part  in  some  or  all  of  the  provisions  of  the  Schengen  acquis. 

Article  4 

The  Council  shall  decide  on  the  request  with  the  unanimity  of  its  members  referred  to  in  Article  1 
and  of  the  representative  of  the  Government  of  the  State  concerned. 

Proposals  and  initiatives  to  build  upon  the  Schengen  acquis  shall  be  subject  to  the  relevant 

1. 
provisions  of  the  Treaties. 

Article  5 

In  this  context,  where  either  Ireland  or  the  United  Kingdom  has  not  notified  the  Council  in  writing 
within  a  reasonable  period  that  it  wishes  to  take  part,  the  authorisation  referred  to  in  Article  329  of 
the  Treaty  on  the  Functioning  of  the  European  Union  shall  be  deemed  to  have  been  granted  to  the 
Member  States  referred  to  in  Article  1  and  to  Ireland  or  the  United  Kingdom  where  either  of  them 
wishes  to  take  part  in  the  areas  of  cooperation  in  question. 

2.  Where  either  Ireland  or  the  United  Kingdom  is  deemed  to  have  given  notification  pursuant to  a 
decision  under  Article  4,  it  may  nevertheless  notify  the  Council  in  writing,  within  three  months,  that 
it  does  not  wish  to  take  part  in  such  a  proposal  or  initiative.  In  that  case,  Ireland  or  the 
United  Kingdom  shall  not  take  part  in  its  adoption.  As  from  the  latter  notification,  the  procedure 
for  adopting  the  measure  building  upon  the  Schengen  acquis  shall  be  suspended  until  the  end  of  the 
procedure  set  out  in  paragraphs  3  or  4  or  until  the  notification  is  withdrawn  at  any  moment  during 
that  procedure. 

3. 
For  the  Member  State  having  made  the  notification  referred  to  in  paragraph  2,  any  decision 
taken  by  the  Council  pursuant to  Article  4  shall, as from  the date  of  entry into  force of  the  proposed 
measure,  cease  to  apply  to  the  extent  considered  necessary  by  the  Council  and  under  the  conditions 
to  be  determined  in  a  decision  of  the  Council  acting  by  a  qualified  majority  on  a  proposal  from 
the  Commission.  That  decision  shall  be  taken  in  accordance  with  the  following  criteria:  the  Council

( 1 )  This  provision  shall  also  apply  without  prejudice  to  Article  4  of  the  Act  of  Accessio  of  9  December  2011.

Consolidated version of the treaty on european unionProtocols 
 
C  202/292 
292292

EN 

Official Journal of the European Union 

7.6.2016

shall  seek  to  retain  the  widest  possible  measure  of  participation  of  the  Member  State  concerned 
without  seriously  affecting  the  practical  operability  of  the  various  parts  of  the  Schengen  acquis,  while 
respecting  their  coherence.  The  Commission  shall  submit  its  proposal  as  soon  as  possible  after  the 
notification  referred  to  in  paragraph  2.  The  Council  shall,  if  needed  after  convening  two  successive 
meetings,  act  within  four  months  of  the  Commission  proposal. 

If,  by  the  end  of  the  period  of  four  months,  the  Council  has  not  adopted  a  decision,  a 
4. 
Member  State  may,  without  delay,  request  that  the  matter  be  referred  to  the  European  Council. 
In  that  case,  the  European  Council  shall,  at  its  next  meeting,  acting  by  a  qualified  majority  on  a 
proposal  from  the  Commission,  take  a  decision  in  accordance  with  the  criteria  referred  to  in 
paragraph  3. 

5. 
If,  by  the  end  of  the  procedure set  out  in  paragraphs  3  or  4,  the  Council  or, as  the  case may  be, 
the  European  Council  has  not  adopted  its  decision,  the  suspension  of  the  procedure  for  adopting  the 
measure  building  upon  the  Schengen  acquis  shall  be  terminated.  If  the  said  measure  is  subsequently 
adopted  any  decision  taken  by  the  Council  pursuant  to  Article  4  shall, as  from  the  date  of  entry  into 
force  of  that  measure,  cease  to  apply  for  the  Member  State  concerned  to  the  extent  and  under  the 
conditions  decided  by  the  Commission,  unless  the  said  Member  State  has  withdrawn  its  notification 
referred to  in  paragraph  2  before  the  adoption  of  the  measure. The  Commission  shall  act  by  the  date 
of  this  adoption.  When  taking  its  decision,  the  Commission  shall  respect  the  criteria  referred  to  in 
paragraph  3. 

Article  6 

The  Republic  of  Iceland  and  the  Kingdom  of  Norway  shall  be  associated  with  the  implementation  of 
the  Schengen  acquis  and  its  further  development.  Appropriate  procedures  shall  be  agreed  to  that 
effect  in  an  Agreement  to  be  concluded  with  those  States  by  the  Council,  acting  by  the  unanimity  of 
its  Members  mentioned  in  Article  1.  Such  Agreement  shall  include  provisions  on  the  contribution  of 
Iceland  and  Norway  to  any 
implementation  of 
financial  consequences  resulting 
this  Protocol. 

from  the 

A  separate  Agreement  shall  be  concluded  with  Iceland  and  Norway  by  the  Council,  acting  unani­
mously,  for  the  establishment  of  rights  and  obligations  between  Ireland  and  the  United  Kingdom  of 
Great  Britain  and  Northern  Ireland  on  the  one  hand,  and  Iceland  and  Norway  on  the  other,  in 
domains  of  the  Schengen  acquis  which  apply  to  these  States. 

Article  7 

into  the 
For  the  purposes  of  the  negotiations  for  the  admission  of  new  Member  States 
European  Union,  the  Schengen  acquis  and  further  measures  taken  by  the  institutions  within  its 
scope  shall  be  regarded  as  an  acquis  which  must  be  accepted  in  full  by  all  States  candidates 
for  admission.

Consolidated TreatiesConsolidated Treaties 
C  202/292 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/293
293293

shall  seek  to  retain  the  widest  possible  measure  of  participation  of  the  Member  State  concerned 

without  seriously  affecting  the  practical  operability  of  the  various  parts  of  the  Schengen  acquis,  while 

respecting  their  coherence.  The  Commission  shall  submit  its  proposal  as  soon  as  possible  after  the 

notification  referred  to  in  paragraph  2.  The  Council  shall,  if  needed  after  convening  two  successive 

meetings,  act  within  four  months  of  the  Commission  proposal. 

4. 

If,  by  the  end  of  the  period  of  four  months,  the  Council  has  not  adopted  a  decision,  a 

Member  State  may,  without  delay,  request  that  the  matter  be  referred  to  the  European  Council. 

In  that  case,  the  European  Council  shall,  at  its  next  meeting,  acting  by  a  qualified  majority  on  a 

proposal  from  the  Commission,  take  a  decision  in  accordance  with  the  criteria  referred  to  in 

paragraph  3. 

5. 

If,  by  the  end  of  the  procedure set  out  in  paragraphs  3  or  4,  the  Council  or, as  the  case may  be, 

the  European  Council  has  not  adopted  its  decision,  the  suspension  of  the  procedure  for  adopting  the 

measure  building  upon  the  Schengen  acquis  shall  be  terminated.  If  the  said  measure  is  subsequently 

adopted  any  decision  taken  by  the  Council  pursuant  to  Article  4  shall, as  from  the  date  of  entry  into 

force  of  that  measure,  cease  to  apply  for  the  Member  State  concerned  to  the  extent  and  under  the 

conditions  decided  by  the  Commission,  unless  the  said  Member  State  has  withdrawn  its  notification 

referred to  in  paragraph  2  before  the  adoption  of  the  measure. The  Commission  shall  act  by  the  date 

of  this  adoption.  When  taking  its  decision,  the  Commission  shall  respect  the  criteria  referred  to  in 

paragraph  3. 

The  Republic  of  Iceland  and  the  Kingdom  of  Norway  shall  be  associated  with  the  implementation  of 

the  Schengen  acquis  and  its  further  development.  Appropriate  procedures  shall  be  agreed  to  that 

effect  in  an  Agreement  to  be  concluded  with  those  States  by  the  Council,  acting  by  the  unanimity  of 

its  Members  mentioned  in  Article  1.  Such  Agreement  shall  include  provisions  on  the  contribution  of 

Iceland  and  Norway  to  any 

financial  consequences  resulting 

from  the 

implementation  of 

this  Protocol. 

A  separate  Agreement  shall  be  concluded  with  Iceland  and  Norway  by  the  Council,  acting  unani­

mously,  for  the  establishment  of  rights  and  obligations  between  Ireland  and  the  United  Kingdom  of 

Great  Britain  and  Northern  Ireland  on  the  one  hand,  and  Iceland  and  Norway  on  the  other,  in 

domains  of  the  Schengen  acquis  which  apply  to  these  States. 

Article  6 

Article  7 

For  the  purposes  of  the  negotiations  for  the  admission  of  new  Member  States 

into  the 

European  Union,  the  Schengen  acquis  and  further  measures  taken  by  the  institutions  within  its 

scope  shall  be  regarded  as  an  acquis  which  must  be  accepted  in  full  by  all  States  candidates 

for  admission.

PROTOCOL  (No  20) 

ON  THE  APPLICATION  OF  CERTAIN  ASPECTS  OF  ARTICLE  26  OF  THE 
TREATY  ON  THE  FUNCTIONING  OF  THE  EUROPEAN  UNION  TO  THE 
UNITED  KINGDOM  AND  TO  IRELAND 

THE  HIGH  CONTRACTING  PARTIES, 

DESIRING  to  settle  certain  questions  relating  to  the  United  Kingdom  and  Ireland, 

HAVING  REGARD  to  the  existence  for  many  years  of  special  travel  arrangements  between  the  United 
Kingdom  and  Ireland, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  the  Treaty  on  the  Functioning  of  the  European  Union: 

Article  1 

The  United  Kingdom  shall  be  entitled,  notwithstanding  Articles  26  and  77  of  the  Treaty  on  the 
Functioning  of  the  European  Union,  any  other  provision  of  that  Treaty  or  of  the  Treaty  on 
European  Union,  any  measure  adopted  under  those  Treaties,  or  any  international  agreement 
concluded  by  the  Union  or  by  the  Union  and  its  Member  States  with  one  or  more  third  States, 
to  exercise  at  its  frontiers  with  other  Member  States  such  controls  on  persons  seeking  to  enter  the 
United  Kingdom  as  it  may  consider  necessary  for  the  purpose: 

(a)  of  verifying  the  right  to  enter  the  United  Kingdom  of  citizens  of  Member  States  and  of  their 
dependants  exercising  rights  conferred  by  Union  law,  as  well  as  citizens  of  other  States  on  whom 
such  rights  have  been  conferred  by  an  agreement  by  which  the  United  Kingdom  is  bound;  and 

(b)  of  determining  whether  or  not  to  grant  other  persons  permission  to  enter  the  United  Kingdom. 

Nothing  in  Articles  26  and  77  of  the  Treaty  on  the  Functioning  of  the  European  Union  or  in  any 
other  provision  of  that  Treaty  or  of  the  Treaty  on  European  Union  or  in  any  measure  adopted  under 
them  shall  prejudice  the  right  of  the  United  Kingdom  to  adopt  or  exercise  any  such  controls. 
References  to  the  United  Kingdom  in  this  Article  shall  include  territories  for  whose  external 
relations  the  United  Kingdom  is  responsible. 

The  United  Kingdom  and  Ireland  may  continue  to  make  arrangements  between  themselves  relating 
to  the  movement  of  persons  between  their  territories  ("the  Common  Travel  Area"),  while  fully 
respecting  the  rights  of  persons  referred  to  in  Article  1,  first  paragraph,  point  (a)  of  this  Protocol.

Article  2 

Consolidated version of the treaty on european unionProtocols 
 
C  202/294 
294294

EN 

Official Journal of the European Union 

7.6.2016

Accordingly,  as  long  as  they  maintain  such  arrangements,  the  provisions  of  Article  1  of  this  Protocol 
shall  apply  to  Ireland  under  the  same  terms  and  conditions  as  for  the  United  Kingdom.  Nothing  in 
Articles  26  and  77  of  the  Treaty  on  the  Functioning  of  the  European  Union,  in  any  other  provision 
of  that  Treaty  or  of  the  Treaty  on  European  Union  or  in  any  measure  adopted  under  them,  shall 
affect  any  such  arrangements. 

Article  3 

The  other  Member  States  shall  be  entitled  to  exercise  at  their  frontiers  or  at  any  point  of  entry  into 
their  territory  such  controls  on  persons  seeking  to  enter  their  territory  from  the  United  Kingdom  or 
any  territories  whose  external  relations  are  under  its  responsibility  for  the  same  purposes  stated  in 
Article  1  of  this  Protocol,  or  from  Ireland  as  long  as  the  provisions  of  Article  1  of  this  Protocol 
apply  to  Ireland. 

Nothing  in  Articles  26  and  77  of  the  Treaty  on  the  Functioning  of  the  European  Union  or  in  any 
other  provision  of  that  Treaty  or  of  the  Treaty  on  European  Union  or  in  any  measure  adopted  under 
them  shall  prejudice  the  right  of  the  other  Member  States  to  adopt  or  exercise  any  such  controls.

Consolidated TreatiesConsolidated Treaties 
C  202/294 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/295
295295

Accordingly,  as  long  as  they  maintain  such  arrangements,  the  provisions  of  Article  1  of  this  Protocol 

shall  apply  to  Ireland  under  the  same  terms  and  conditions  as  for  the  United  Kingdom.  Nothing  in 

Articles  26  and  77  of  the  Treaty  on  the  Functioning  of  the  European  Union,  in  any  other  provision 

of  that  Treaty  or  of  the  Treaty  on  European  Union  or  in  any  measure  adopted  under  them,  shall 

affect  any  such  arrangements. 

Article  3 

The  other  Member  States  shall  be  entitled  to  exercise  at  their  frontiers  or  at  any  point  of  entry  into 

their  territory  such  controls  on  persons  seeking  to  enter  their  territory  from  the  United  Kingdom  or 

any  territories  whose  external  relations  are  under  its  responsibility  for  the  same  purposes  stated  in 

Article  1  of  this  Protocol,  or  from  Ireland  as  long  as  the  provisions  of  Article  1  of  this  Protocol 

apply  to  Ireland. 

Nothing  in  Articles  26  and  77  of  the  Treaty  on  the  Functioning  of  the  European  Union  or  in  any 

other  provision  of  that  Treaty  or  of  the  Treaty  on  European  Union  or  in  any  measure  adopted  under 

them  shall  prejudice  the  right  of  the  other  Member  States  to  adopt  or  exercise  any  such  controls.

PROTOCOL  (No  21) 

ON  THE  POSITION  OF  THE  UNITED  KINGDOM  AND  IRELAND  IN 
RESPECT  OF  THE  AREA  OF  FREEDOM,  SECURITY  AND  JUSTICE 

THE  HIGH  CONTRACTING  PARTIES, 

DESIRING  to  settle  certain  questions  relating  to  the  United  Kingdom  and  Ireland, 

HAVING  REGARD to  the  Protocol  on  the  application  of  certain  aspects  of  Article  26  of  the  Treaty  on 
the  Functioning  of  the  European  Union  to  the  United  Kingdom  and  to  Ireland, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  the  Treaty  on  the  Functioning  of  the  European  Union: 

Article  1 

Subject  to  Article  3,  the  United  Kingdom  and  Ireland  shall  not  take  part  in  the  adoption  by 
the  Council of  proposed  measures  pursuant  to  Title  V  of  Part  Three  of  the  Treaty on  the  Functioning 
of  the  European  Union.  The  unanimity  of  the  members  of  the  Council,  with  the  exception  of  the 
representatives  of  the  governments  of  the  United  Kingdom  and  Ireland,  shall  be  necessary  for 
decisions  of  the  Council  which  must  be  adopted  unanimously. 

For  the  purposes  of  this  Article,  a  qualified  majority  shall  be  defined 
Article  238(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

in  accordance  with 

Article  2 

In  consequence  of  Article  1  and  subject  to  Articles  3,  4  and  6,  none  of  the  provisions  of  Title  V  of 
Part  Three  of  the  Treaty  on  the  Functioning  of  the  European  Union,  no  measure  adopted  pursuant  to 
that  Title,  no  provision  of  any  international  agreement  concluded  by  the  Union  pursuant  to  that 
Title,  and  no  decision  of  the  Court  of  Justice  interpreting  any  such  provision  or  measure  shall  be 
binding  upon  or  applicable  in  the  United  Kingdom  or  Ireland;  and  no  such  provision,  measure  or 
decision  shall  in  any  way  affect  the  competences,  rights  and  obligations  of  those  States;  and  no  such 
provision,  measure  or  decision  shall  in  any  way  affect  the  Community  or  Union  acquis  nor  form  part 
of  Union  law  as  they  apply  to  the  United  Kingdom  or  Ireland. 

Article  3 

1. 
The  United  Kingdom  or  Ireland  may  notify  the  President  of  the  Council  in  writing,  within  three 
months  after  a  proposal  or  initiative  has  been  presented  to  the  Council  pursuant  to  Title  V  of  Part 
Three  of  the  Treaty  on  the  Functioning  of  the  European  Union,  that  it  wishes  to  take  part  in  the 
adoption  and  application  of  any  such  proposed  measure,  whereupon  that  State  shall  be  entitled  to 
do  so.

Consolidated version of the treaty on european unionProtocols 
 
C  202/296 
296296

EN 

Official Journal of the European Union 

7.6.2016

The  unanimity  of  the  members  of  the  Council,  with  the  exception  of  a  member  which  has  not  made 
such  a  notification,  shall  be  necessary  for  decisions  of  the  Council  which  must  be  adopted  unani­
mously.  A  measure  adopted  under  this  paragraph  shall  be  binding  upon  all  Member  States  which 
took  part  in  its  adoption. 

Measures  adopted  pursuant  to  Article  70  of  the  Treaty  on  the  Functioning  of  the  European  Union 
shall  lay  down  the  conditions  for  the  participation  of  the  United  Kingdom  and  Ireland  in  the 
evaluations  concerning  the  areas  covered  by  Title  V  of  Part  Three  of  that  Treaty. 

For  the  purposes  of  this  Article,  a  qualified  majority  shall  be  defined 
Article  238(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

in  accordance  with 

2. 
If  after  a  reasonable  period  of  time  a  measure  referred  to  in  paragraph  1  cannot  be  adopted 
with  the  United  Kingdom  or  Ireland  taking  part,  the  Council  may  adopt  such  measure  in  accordance 
with  Article  1  without  the  participation  of  the  United  Kingdom  or  Ireland.  In  that  case 
Article  2  applies. 

Article  4 

The  United  Kingdom  or  Ireland  may  at  any  time  after  the  adoption  of  a  measure  by  the  Council 
pursuant  to  Title  V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the  European  Union  notify  its 
intention  to  the  Council  and  to  the  Commission  that  it  wishes  to  accept  that  measure.  In  that  case, 
the  procedure  provided 
in  Article  331(1)  of  the  Treaty  on  the  Functioning  of  the 
European  Union  shall  apply  mutatis  mutandis. 

for 

The  provisions  of  this  Protocol  apply  for  the  United  Kingdom  and  Ireland  also  to  measures 
1. 
proposed  or  adopted  pursuant  to  Title  V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the 
European  Union  amending  an  existing  measure  by  which  they  are  bound. 

Article  4a 

2.  However,  in  cases  where  the  Council,  acting  on  a  proposal  from  the  Commission,  determines 
that  the  non-participation  of  the  United  Kingdom  or  Ireland  in  the  amended  version  of  an  existing 
measure  makes  the  application  of  that  measure  inoperable  for  other  Member  States  or  the  Union,  it 
may  urge  them  to  make  a  notification  under  Article  3  or  4.  For  the  purposes  of  Article  3,  a  further 
period  of  two  months  starts  to  run  as  from  the  date  of  such  determination  by  the  Council. 

If  at  the  expiry  of  that  period  of  two  months  from  the  Council's  determination  the  United  Kingdom 
or  Ireland  has  not  made  a  notification  under  Article  3  or  Article  4,  the  existing  measure  shall 
no 
longer  be  binding  upon  or  applicable  to  it,  unless  the  Member  State  concerned  has  made  a 
notification  under  Article  4  before  the  entry  into  force  of  the  amending  measure.  This  shall  take 
effect  from  the  date  of  entry  into  force  of  the  amending  measure  or  of  expiry  of  the  period  of 
two  months,  whichever  is  the  later.

Consolidated TreatiesConsolidated Treaties 
C  202/296 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/297
297297

The  unanimity  of  the  members  of  the  Council,  with  the  exception  of  a  member  which  has  not  made 

such  a  notification,  shall  be  necessary  for  decisions  of  the  Council  which  must  be  adopted  unani­

mously.  A  measure  adopted  under  this  paragraph  shall  be  binding  upon  all  Member  States  which 

took  part  in  its  adoption. 

For  the  purpose  of  this  paragraph,  the  Council  shall,  after  a  full  discussion  of  the  matter,  act  by  a 
qualified  majority  of  its  members  representing  the  Member  States  participating  or  having  participated 
in  the  adoption  of  the  amending  measure.  A  qualified  majority  of  the  Council  shall  be  defined  in 
accordance  with  Article  238(3)(a)  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

Measures  adopted  pursuant  to  Article  70  of  the  Treaty  on  the  Functioning  of  the  European  Union 

shall  lay  down  the  conditions  for  the  participation  of  the  United  Kingdom  and  Ireland  in  the 

evaluations  concerning  the  areas  covered  by  Title  V  of  Part  Three  of  that  Treaty. 

For  the  purposes  of  this  Article,  a  qualified  majority  shall  be  defined 

in  accordance  with 

Article  238(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

2. 

If  after  a  reasonable  period  of  time  a  measure  referred  to  in  paragraph  1  cannot  be  adopted 

with  the  United  Kingdom  or  Ireland  taking  part,  the  Council  may  adopt  such  measure  in  accordance 

with  Article  1  without  the  participation  of  the  United  Kingdom  or  Ireland.  In  that  case 

Article  2  applies. 

The  United  Kingdom  or  Ireland  may  at  any  time  after  the  adoption  of  a  measure  by  the  Council 

pursuant  to  Title  V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the  European  Union  notify  its 

intention  to  the  Council  and  to  the  Commission  that  it  wishes  to  accept  that  measure.  In  that  case, 

the  procedure  provided 

for 

in  Article  331(1)  of  the  Treaty  on  the  Functioning  of  the 

European  Union  shall  apply  mutatis  mutandis. 

Article  4 

Article  4a 

1. 

The  provisions  of  this  Protocol  apply  for  the  United  Kingdom  and  Ireland  also  to  measures 

proposed  or  adopted  pursuant  to  Title  V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the 

European  Union  amending  an  existing  measure  by  which  they  are  bound. 

2.  However,  in  cases  where  the  Council,  acting  on  a  proposal  from  the  Commission,  determines 

that  the  non-participation  of  the  United  Kingdom  or  Ireland  in  the  amended  version  of  an  existing 

measure  makes  the  application  of  that  measure  inoperable  for  other  Member  States  or  the  Union,  it 

may  urge  them  to  make  a  notification  under  Article  3  or  4.  For  the  purposes  of  Article  3,  a  further 

period  of  two  months  starts  to  run  as  from  the  date  of  such  determination  by  the  Council. 

If  at  the  expiry  of  that  period  of  two  months  from  the  Council's  determination  the  United  Kingdom 

or  Ireland  has  not  made  a  notification  under  Article  3  or  Article  4,  the  existing  measure  shall 

no 

longer  be  binding  upon  or  applicable  to  it,  unless  the  Member  State  concerned  has  made  a 

notification  under  Article  4  before  the  entry  into  force  of  the  amending  measure.  This  shall  take 

effect  from  the  date  of  entry  into  force  of  the  amending  measure  or  of  expiry  of  the  period  of 

two  months,  whichever  is  the  later.

3. 
The  Council,  acting  by  a  qualified  majority  on  a  proposal  from  the  Commission,  may 
determine  that  the  United  Kingdom  or  Ireland  shall  bear  the  direct  financial  consequences,  if  any, 
necessarily  and  unavoidably  incurred  as  a  result  of  the  cessation  of  its  participation  in  the 
existing  measure. 

4. 

This  Article  shall  be  without  prejudice  to  Article  4. 

Article  5 

A  Member  State  which  is  not  bound  by  a  measure  adopted  pursuant  to  Title  V  of  Part  Three  of 
the  Treaty  on  the  Functioning  of  the  European  Union  shall  bear  no  financial  consequences  of  that 
measure  other  than  administrative  costs  entailed  for  the  institutions,  unless  all  members  of 
the  Council,  acting  unanimously  after  consulting  the  European  Parliament,  decide  otherwise. 

Article  6 

Where,  in  cases  referred  to  in  this  Protocol,  the  United  Kingdom  or  Ireland  is  bound  by  a  measure 
adopted  by  the  Council  pursuant  to  Title  V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the 
European  Union,  the  relevant  provisions  of  the  Treaties  shall  apply  to  that  State  in  relation  to 
that  measure. 

Article  6a 

The  United  Kingdom  and  Ireland  shall  not  be  bound  by  the  rules  laid  down  on  the  basis  of 
Article  16  of  the  Treaty  on  the  Functioning  of  the  European  Union  which  relate  to  the  processing 
of  personal  data  by  the  Member  States  when  carrying  out  activities  which  fall  within  the  scope  of 
Chapter  4  or  Chapter 5  of  Title  V  of  Part  Three of  that  Treaty where the  United  Kingdom  and  Ireland 
are  not  bound  by  the  rules  governing  the  forms  of  judicial  cooperation  in  criminal  matters  or  police 
cooperation  which  require  compliance  with  the  provisions  laid  down  on  the  basis  of  Article  16. 

Articles  3,  4  and  4a  shall  be  without  prejudice  to  the  Protocol  on  the  Schengen  acquis  integrated  into 
the  framework  of  the  European  Union. 

Article  7 

Ireland  may  notify  the  Council  in  writing  that  it  no  longer  wishes  to  be  covered  by  the  terms  of  this 
Protocol.  In  that  case,  the  normal  treaty  provisions  will  apply  to  Ireland. 

Article  8 

With  regard  to  Ireland,  this  Protocol  shall  not  apply  to  Article  75  of  the  Treaty  on  the  Functioning 
of  the  European  Union.

Article  9 

Consolidated version of the treaty on european unionProtocols 
 
C  202/298 
298298

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  22) 

ON  THE  POSITION  OF  DENMARK 

THE  HIGH  CONTRACTING  PARTIES, 

RECALLING the  Decision  of  the  Heads  of  State  or  Government,  meeting  within  the  European  Council 
at  Edinburgh  on  12  December  1992,  concerning  certain  problems  raised  by  Denmark  on  the  Treaty 
on  European  Union, 

HAVING  NOTED the  position  of  Denmark  with  regard  to  Citizenship,  Economic  and  Monetary  Union, 
Defence  Policy  and  Justice  and  Home  Affairs  as  laid  down  in  the  Edinburgh  Decision, 

CONSCIOUS  of  the  fact  that  a  continuation  under  the  Treaties  of  the  legal  regime  originating  in  the 
Edinburgh  decision  will  significantly  limit  Denmark's  participation  in  important  areas  of  cooperation 
of  the  Union,  and  that  it  would  be  in  the  best  interest  of  the  Union  to  ensure  the  integrity  of  the 
acquis  in  the  area  of  freedom,  security  and  justice, 

WISHING  therefore  to  establish  a  legal  framework  that  will  provide  an  option  for  Denmark  to 
participate  in  the  adoption  of  measures  proposed  on  the  basis  of  Title  V  of  Part  Three  of  the 
Treaty  on  the  Functioning  of  the  European  Union  and  welcoming  the  intention  of  Denmark  to 
avail  itself  of  this  option  when  possible  in  accordance  with  its  constitutional  requirements, 

NOTING  that  Denmark  will  not  prevent  the  other  Member  States  from  further  developing  their 
cooperation  with  respect  to  measures  not  binding  on  Denmark, 

BEARING  IN  MIND  Article  3  of  the  Protocol  on  the  Schengen  acquis  integrated  into  the  framework  of 
the  European  Union, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  the  Treaty  on  the  Functioning  of  the  European  Union: 

PART  I 

Article  1 

Denmark  shall  not  take  part  in  the  adoption  by  the  Council  of  proposed  measures  pursuant  to 
Title  V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the  European  Union.  The  unanimity  of  the 
members  of  the  Council,  with  the  exception  of  the  representative  of  the  government  of  Denmark, 
shall  be  necessary  for  the  decisions  of  the  Council  which  must  be  adopted  unanimously. 

For  the  purposes  of  this  Article,  a  qualified  majority  shall  be  defined 
Article  238(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union.

in  accordance  with 

Consolidated TreatiesConsolidated Treaties 
C  202/298 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/299
299299

PROTOCOL  (No  22) 

ON  THE  POSITION  OF  DENMARK 

THE  HIGH  CONTRACTING  PARTIES, 

RECALLING the  Decision  of  the  Heads  of  State  or  Government,  meeting  within  the  European  Council 

at  Edinburgh  on  12  December  1992,  concerning  certain  problems  raised  by  Denmark  on  the  Treaty 

on  European  Union, 

HAVING  NOTED the  position  of  Denmark  with  regard  to  Citizenship,  Economic  and  Monetary  Union, 

Defence  Policy  and  Justice  and  Home  Affairs  as  laid  down  in  the  Edinburgh  Decision, 

CONSCIOUS  of  the  fact  that  a  continuation  under  the  Treaties  of  the  legal  regime  originating  in  the 

Edinburgh  decision  will  significantly  limit  Denmark's  participation  in  important  areas  of  cooperation 

of  the  Union,  and  that  it  would  be  in  the  best  interest  of  the  Union  to  ensure  the  integrity  of  the 

acquis  in  the  area  of  freedom,  security  and  justice, 

WISHING  therefore  to  establish  a  legal  framework  that  will  provide  an  option  for  Denmark  to 

participate  in  the  adoption  of  measures  proposed  on  the  basis  of  Title  V  of  Part  Three  of  the 

Treaty  on  the  Functioning  of  the  European  Union  and  welcoming  the  intention  of  Denmark  to 

avail  itself  of  this  option  when  possible  in  accordance  with  its  constitutional  requirements, 

NOTING  that  Denmark  will  not  prevent  the  other  Member  States  from  further  developing  their 

cooperation  with  respect  to  measures  not  binding  on  Denmark, 

BEARING  IN  MIND  Article  3  of  the  Protocol  on  the  Schengen  acquis  integrated  into  the  framework  of 

the  European  Union, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 

Union  and  the  Treaty  on  the  Functioning  of  the  European  Union: 

PART  I 

Article  1 

Article  2 

None  of  the  provisions  of  Title  V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the 
European  Union,  no  measure  adopted  pursuant  to  that  Title,  no  provision  of  any  international 
agreement  concluded  by  the  Union  pursuant  to  that  Title,  and  no  decision  of  the  Court  of  Justice 
of  the  European  Union  interpreting  any  such  provision  or  measure  or  any  measure  amended  or 
amendable  pursuant  to  that  Title  shall  be  binding  upon  or  applicable  in  Denmark;  and  no  such 
provision,  measure  or  decision  shall  in  any  way  affect  the  competences,  rights  and  obligations  of 
Denmark;  and  no  such  provision,  measure  or  decision  shall  in  any  way  affect  the  Community  or 
Union  acquis  nor  form  part  of  Union  law  as  they  apply  to  Denmark.  In  particular,  acts  of  the  Union 
in  the  field  of  police  cooperation  and  judicial  cooperation  in  criminal  matters  adopted  before  the 
entry  into  force  of  the  Treaty  of  Lisbon  which  are  amended  shall  continue  to  be  binding  upon  and 
applicable  to  Denmark  unchanged. 

Article  2a 

Article  2  of  this  Protocol  shall  also  apply  in  respect  of  those  rules  laid  down  on  the  basis  of 
Article  16  of  the  Treaty  on  the  Functioning  of  the  European  Union  which  relate  to  the  processing 
of  personal  data  by  the  Member  States  when  carrying  out  activities  which  fall  within  the  scope  of 
Chapter  4  or  Chapter  5  of  Title  V  of  Part  Three  of  that  Treaty. 

Denmark  shall  bear  no  financial  consequences  of  measures  referred  to  in  Article  1,  other  than 
administrative  costs  entailed  for  the  institutions. 

Article  3 

Article  4 

1.  Denmark  shall  decide  within  a  period  of  six  months  after  the  Council  has  decided  on  a 
proposal  or  initiative  to  build  upon  the  Schengen  acquis  covered  by  this  Part,  whether  it  will 
implement  this  measure  in  its  national  law.  If  it  decides  to  do  so,  this  measure  will  create  an 
obligation  under  international  law  between  Denmark  and  the  other  Member  States  bound  by 
the  measure. 

2. 
If  Denmark  decides  not  to  implement  a  measure  of  the  Council  as  referred  to  in  paragraph  1, 
the  Member  States  bound  by  that  measure  and  Denmark  will  consider  appropriate  measures  to 
be  taken. 

Denmark  shall  not  take  part  in  the  adoption  by  the  Council  of  proposed  measures  pursuant  to 

Title  V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the  European  Union.  The  unanimity  of  the 

members  of  the  Council,  with  the  exception  of  the  representative  of  the  government  of  Denmark, 

shall  be  necessary  for  the  decisions  of  the  Council  which  must  be  adopted  unanimously. 

PART  II 

Article  5 

For  the  purposes  of  this  Article,  a  qualified  majority  shall  be  defined 

in  accordance  with 

Article  238(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union.

With  regard  to  measures  adopted  by  the  Council  pursuant  to  Article  26(1),  Article  42  and 
Articles  43  to  46  of  the  Treaty on  European  Union,  Denmark  does  not  participate  in  the  elaboration 
and  the  implementation  of  decisions  and  actions  of  the  Union  which  have  defence  implications.

Consolidated version of the treaty on european unionProtocols 
 
C  202/300 
300300

EN 

Official Journal of the European Union 

7.6.2016

Therefore  Denmark  shall  not  participate  in  their  adoption.  Denmark  will  not  prevent  the  other 
Member  States  from  further  developing  their  cooperation  in  this  area.  Denmark  shall  not  be 
obliged  to  contribute  to  the  financing  of  operational  expenditure  arising  from  such  measures,  nor 
to  make  military  capabilities  available  to  the  Union. 

The  unanimity  of  the  members  of  the  Council,  with  the  exception  of  the  representative  of  the 
government  of  Denmark,  shall  be  necessary  for  the  acts  of  the  Council  which  must  be 
adopted  unanimously. 

For  the  purposes  of  this  Article,  a  qualified  majority  shall  be  defined 
Article  238(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

in  accordance  with 

PART  III 

Article  6 

Articles  1,  2  and  3  shall  not  apply to  measures  determining  the  third  countries  whose  nationals  must 
be  in  possession  of  a  visa  when  crossing  the  external  borders  of  the  Member  States,  or  measures 
relating  to  a  uniform  format  for  visas. 

PART  IV 

Article  7 

At  any  time  Denmark  may,  in  accordance  with  its  constitutional  requirements,  inform  the  other 
Member  States  that  it  no  longer  wishes  to  avail  itself  of  all  or  part  of  this  Protocol.  In  that  event, 
Denmark  will  apply  in  full  all  relevant  measures  then  in  force  taken  within  the  framework  of  the 
European  Union. 

Article  8 

1.  At  any  time  and  without  prejudice  to  Article  7,  Denmark  may,  in  accordance  with  its  consti­
tutional  requirements,  notify  the  other  Member  States  that,  with  effect  from  the  first  day  of  the 
month  following  the  notification,  Part  I  shall  consist  of  the  provisions  in  the  Annex.  In  that  case 
Articles  5  to  8  shall  be  renumbered  in  consequence. 

2. 
Six  months  after  the  date  on  which  the  notification  referred  to  in  paragraph  1  takes  effect  all 
Schengen  acquis  and  measures  adopted  to  build  upon  this  acquis,  which  until  then  have  been  binding 
on  Denmark  as  obligations  under  international  law,  shall  be  binding  upon  Denmark  as  Union  law.

Consolidated TreatiesConsolidated Treaties 
Therefore  Denmark  shall  not  participate  in  their  adoption.  Denmark  will  not  prevent  the  other 

Member  States  from  further  developing  their  cooperation  in  this  area.  Denmark  shall  not  be 

obliged  to  contribute  to  the  financing  of  operational  expenditure  arising  from  such  measures,  nor 

to  make  military  capabilities  available  to  the  Union. 

The  unanimity  of  the  members  of  the  Council,  with  the  exception  of  the  representative  of  the 

government  of  Denmark,  shall  be  necessary  for  the  acts  of  the  Council  which  must  be 

adopted  unanimously. 

For  the  purposes  of  this  Article,  a  qualified  majority  shall  be  defined 

in  accordance  with 

Article  238(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

Articles  1,  2  and  3  shall  not  apply to  measures  determining  the  third  countries  whose  nationals  must 

be  in  possession  of  a  visa  when  crossing  the  external  borders  of  the  Member  States,  or  measures 

relating  to  a  uniform  format  for  visas. 

At  any  time  Denmark  may,  in  accordance  with  its  constitutional  requirements,  inform  the  other 

Member  States  that  it  no  longer  wishes  to  avail  itself  of  all  or  part  of  this  Protocol.  In  that  event, 

Denmark  will  apply  in  full  all  relevant  measures  then  in  force  taken  within  the  framework  of  the 

European  Union. 

PART  III 

Article  6 

PART  IV 

Article  7 

Article  8 

C  202/300 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/301
301301

ANNEX 

Article  1 

Subject  to  Article  3,  Denmark  shall  not  take  part  in  the  adoption  by  the  Council  of  measures  proposed  pursuant  to  Title 
V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the  European  Union.  The  unanimity  of  the  members  of  the  Council, 
with  the  exception  of  the  representative  of  the  government  of  Denmark,  shall  be  necessary  for  the  acts  of  the  Council 
which  must  be  adopted  unanimously. 

For  the  purposes  of  this  Article,  a  qualified  majority  shall  be  defined  in  accordance  with  Article  238(3)  of  the  Treaty  on 
the  Functioning  of  the  European  Union. 

Article  2 

Pursuant  to  Article  1  and  subject  to  Articles  3,  4  and  8,  none  of  the  provisions  in  Title  V  of  Part  Three  of  the  Treaty  on 
the  Functioning  of  the  European  Union,  no  measure  adopted  pursuant  to  that  Title,  no  provision  of  any  international 
agreements  concluded  by  the  Union  pursuant  to  that  Title,  no  decision  of  the  Court  of  Justice  of  the  European  Union 
interpreting  any  such  provision  or  measure  shall  be  binding  upon  or  applicable  in  Denmark;  and  no  such  provision, 
measure  or  decision  shall  in  any  way  affect  the  competences,  rights  and  obligations  of  Denmark;  and  no  such  provision, 
measure  or  decision  shall  in  any  way  affect  the  Community  or  Union  acquis  nor  form  part  of  Union  law  as  they  apply  to 
Denmark. 

1.  Denmark  may  notify  the  President  of  the  Council  in  writing,  within  three  months  after  a  proposal  or  initiative  has 
been  presented  to  the  Council  pursuant  to  Title  V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
that  it  wishes  to  take  part  in  the  adoption  and  application  of  any  such  proposed  measure,  whereupon  Denmark  shall  be 
entitled  to  do  so. 

Article  3 

2. 
If  after  a  reasonable  period  of  time  a  measure  referred  to  in  paragraph  1  cannot  be  adopted  with  Denmark  taking 
part,  the  Council  may  adopt  that  measure  referred  to  in  paragraph  1  in  accordance  with  Article  1  without  the 
participation  of  Denmark.  In  that  case  Article  2  applies. 

1.  At  any  time  and  without  prejudice  to  Article  7,  Denmark  may,  in  accordance  with  its  consti­

tutional  requirements,  notify  the  other  Member  States  that,  with  effect  from  the  first  day  of  the 

month  following  the  notification,  Part  I  shall  consist  of  the  provisions  in  the  Annex.  In  that  case 

Articles  5  to  8  shall  be  renumbered  in  consequence. 

Denmark  may  at  any  time  after  the  adoption  of  a  measure  pursuant  to  Title  V  of  Part  Three  of  the  Treaty  on  the 
Functioning  of  the  European  Union  notify  its  intention  to  the  Council  and  the  Commission  that  it  wishes  to  accept  that 
measure.  In  that  case,  the  procedure  provided  for  in  Article  331(1)  of  that  Treaty  shall  apply  mutatis  mutandis. 

Article  4 

2. 

Six  months  after  the  date  on  which  the  notification  referred  to  in  paragraph  1  takes  effect  all 

Schengen  acquis  and  measures  adopted  to  build  upon  this  acquis,  which  until  then  have  been  binding 

on  Denmark  as  obligations  under  international  law,  shall  be  binding  upon  Denmark  as  Union  law.

1. 
The provisions of  this Protocol apply for Denmark  also to  measures proposed or  adopted pursuant to  Title V  of  Part 
Three  of  the  Treaty  on  the  Functioning  of  the  European  Union  amending  an  existing  measure  by  which  it  is  bound. 

Article  5 

2.  However,  in  cases  where  the  Council,  acting  on  a  proposal  from  the  Commission,  determines  that  the  non- 
participation  of  Denmark  in  the  amended  version  of  an  existing  measure  makes  the  application  of  that  measure 
inoperable  for  other  Member  States  or  the  Union,  it  may  urge  it  to  make  a  notification  under  Article  3  or  4.  For  the 
purposes  of  Article  3  a  further  period  of  two  months  starts  to  run  as  from  the  date  of  such  determination  by  the 
Council.

Consolidated version of the treaty on european unionProtocols 
 
C  202/302 
302302

EN 

Official Journal of the European Union 

7.6.2016

If,  at  the  expiry  of  that  period  of  two  months  from  the  Council's  determination,  Denmark  has  not  made  a  notification 
under  Article  3  or  Article  4,  the  existing  measure  shall no  longer  be  binding  upon  or  applicable to  it,  unless  it  has  made 
a  notification under  Article  4  before  the  entry  into  force  of  the  amending  measure. This  shall  take  effect  from  the  date  of 
entry  into  force  of  the  amending  measure  or  of  expiry  of  the  period  of  two  months,  whichever  is  the  later. 

For  the  purpose  of  this  paragraph, the  Council  shall,  after  a  full  discussion  of  the  matter,  act  by  a  qualified  majority  of  its 
members representing the Member States participating or  having participated in  the adoption of  the amending  measure. A 
qualified majority of  the  Council shall be  defined in  accordance with Article  238(3)(a)  of  the  Treaty on  the  Functioning of 
the  European  Union. 

3. 
The  Council,  acting  by  a  qualified majority on  a  proposal  from  the  Commission,  may  determine  that  Denmark  shall 
bear  the  direct  financial  consequences,  if  any,  necessarily  and  unavoidably  incurred  as  a  result  of  the  cessation  of  its 
participation  in  the  existing  measure. 

4. 

This  Article  shall  be  without  prejudice  to  Article  4. 

Article  6 

1.  Notification  pursuant to  Article  4  shall  be  submitted  no  later  than  six  months  after  the  final  adoption  of  a  measure 
if  this  measure  builds  upon  the  Schengen  acquis. 

If  Denmark  does  not  submit  a  notification  in  accordance  with  Articles  3  or  4  regarding  a  measure  building  upon  the 
Schengen  acquis,  the  Member  States  bound  by  that  measure  and  Denmark  will  consider  appropriate measures  to  be  taken. 

2.  A  notification  pursuant  to  Article  3  with  respect  to  a  measure  building  upon  the  Schengen  acquis  shall  be  deemed 
irrevocably  to  be  a  notification  pursuant  to  Article  3  with  respect  to  any  further  proposal  or  initiative  aiming  to  build 
upon  that  measure  to  the  extent  that  such  proposal  or  initiative  builds  upon  the  Schengen  acquis. 

Article  7 

Denmark  shall  not  be  bound  by  the  rules  laid  down  on  the  basis  of  Article  16  of  the  Treaty  on  the  Functioning  of  the 
European  Union  which  relate  to  the  processing  of  personal  data  by  the  Member  States  when  carrying  out  activities which 
fall  within  the  scope  of  Chapter  4  or  Chapter  5  of  Title  V  of  Part  Three  of  that  Treaty  where  Denmark  is  not  bound  by 
the  rules  governing  the  forms  of  judicial  cooperation  in  criminal  matters  or  police  cooperation  which  require  compliance 
with  the  provisions  laid  down  on  the  basis  of  Article  16. 

Where,  in  cases  referred  to  in  this  Part,  Denmark  is  bound  by  a  measure  adopted  by  the  Council  pursuant  to  Title  V  of 
Part  Three  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the  relevant  provisions  of  the  Treaties  shall  apply  to 
Denmark  in  relation  to  that  measure. 

Article  8 

Where Denmark is not  bound  by a measure adopted pursuant to  Title V of Part Three of the Treaty on  the Functioning of 
the  European  Union,  it  shall  bear  no  financial  consequences  of  that  measure  other  than  administrative  costs  entailed  for 
the  institutions  unless  the  Council,  with  all  its  Members  acting  unanimously  after  consulting  the  European  Parliament, 
decides  otherwise.

Article  9 

Consolidated TreatiesConsolidated Treaties 
C  202/302 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/303
303303

If,  at  the  expiry  of  that  period  of  two  months  from  the  Council's  determination,  Denmark  has  not  made  a  notification 

under  Article  3  or  Article  4,  the  existing  measure  shall no  longer  be  binding  upon  or  applicable to  it,  unless  it  has  made 

a  notification under  Article  4  before  the  entry  into  force  of  the  amending  measure. This  shall  take  effect  from  the  date  of 

entry  into  force  of  the  amending  measure  or  of  expiry  of  the  period  of  two  months,  whichever  is  the  later. 

PROTOCOL  (No  23) 

ON  EXTERNAL  RELATIONS  OF  THE  MEMBER  STATES  WITH  REGARD 
TO  THE  CROSSING  OF  EXTERNAL  BORDERS 

THE  HIGH  CONTRACTING  PARTIES, 

TAKING  INTO  ACCOUNT  the  need  of  the  Member  States  to  ensure  effective  controls  at  their  external 
borders,  in  cooperation  with  third  countries  where  appropriate, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

The  provisions  on  the  measures  on  the  crossing  of  external  borders  included  in  Article  77(2)(b)  of 
the  Treaty  on  the  Functioning  of  the  European  Union  shall  be  without  prejudice  to  the  competence 
of  Member  States  to  negotiate  or  conclude  agreements  with  third  countries  as  long  as  they  respect 
Union  law  and  other  relevant  international  agreements.

For  the  purpose  of  this  paragraph, the  Council  shall,  after  a  full  discussion  of  the  matter,  act  by  a  qualified  majority  of  its 

members representing the Member States participating or  having participated in  the adoption of  the amending  measure. A 

qualified majority of  the  Council shall be  defined in  accordance with Article  238(3)(a)  of  the  Treaty on  the  Functioning of 

the  European  Union. 

3. 

The  Council,  acting  by  a  qualified majority on  a  proposal  from  the  Commission,  may  determine  that  Denmark  shall 

bear  the  direct  financial  consequences,  if  any,  necessarily  and  unavoidably  incurred  as  a  result  of  the  cessation  of  its 

participation  in  the  existing  measure. 

4. 

This  Article  shall  be  without  prejudice  to  Article  4. 

1.  Notification  pursuant to  Article  4  shall  be  submitted  no  later  than  six  months  after  the  final  adoption  of  a  measure 

if  this  measure  builds  upon  the  Schengen  acquis. 

If  Denmark  does  not  submit  a  notification  in  accordance  with  Articles  3  or  4  regarding  a  measure  building  upon  the 

Schengen  acquis,  the  Member  States  bound  by  that  measure  and  Denmark  will  consider  appropriate measures  to  be  taken. 

2.  A  notification  pursuant  to  Article  3  with  respect  to  a  measure  building  upon  the  Schengen  acquis  shall  be  deemed 

irrevocably  to  be  a  notification  pursuant  to  Article  3  with  respect  to  any  further  proposal  or  initiative  aiming  to  build 

upon  that  measure  to  the  extent  that  such  proposal  or  initiative  builds  upon  the  Schengen  acquis. 

Denmark  shall  not  be  bound  by  the  rules  laid  down  on  the  basis  of  Article  16  of  the  Treaty  on  the  Functioning  of  the 

European  Union  which  relate  to  the  processing  of  personal  data  by  the  Member  States  when  carrying  out  activities which 

fall  within  the  scope  of  Chapter  4  or  Chapter  5  of  Title  V  of  Part  Three  of  that  Treaty  where  Denmark  is  not  bound  by 

the  rules  governing  the  forms  of  judicial  cooperation  in  criminal  matters  or  police  cooperation  which  require  compliance 

with  the  provisions  laid  down  on  the  basis  of  Article  16. 

Where,  in  cases  referred  to  in  this  Part,  Denmark  is  bound  by  a  measure  adopted  by  the  Council  pursuant  to  Title  V  of 

Part  Three  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the  relevant  provisions  of  the  Treaties  shall  apply  to 

Denmark  in  relation  to  that  measure. 

Where Denmark is not  bound  by a measure adopted pursuant to  Title V of Part Three of the Treaty on  the Functioning of 

the  European  Union,  it  shall  bear  no  financial  consequences  of  that  measure  other  than  administrative  costs  entailed  for 

the  institutions  unless  the  Council,  with  all  its  Members  acting  unanimously  after  consulting  the  European  Parliament, 

decides  otherwise.

Article  6 

Article  7 

Article  8 

Article  9 

Consolidated version of the treaty on european unionProtocols 
 
C  202/304 
304304

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  24) 

ON  ASYLUM  FOR  NATIONALS  OF  MEMBER  STATES  OF  THE 
EUROPEAN  UNION 

THE  HIGH  CONTRACTING  PARTIES, 

WHEREAS,  in  accordance  with  Article  6(1)  of  the  Treaty  on  European  Union,  the  Union  recognises 
the  rights,  freedoms  and  principles  set  out  in  the  Charter  of  Fundamental  Rights, 

WHEREAS  pursuant  to  Article  6(3)  of  the  Treaty  on  European  Union,  fundamental  rights,  as  guar­
anteed  by  the  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental  Freedoms, 
constitute  part  of  the  Union's  law  as  general  principles, 

WHEREAS  the  Court  of  Justice  of  the  European  Union  has  jurisdiction  to  ensure  that  in  the  inter­
pretation  and  application  of  Article  6,  paragraphs  (1)  and  (3)  of  the  Treaty  on  European  Union  the 
law  is  observed  by  the  European  Union, 

WHEREAS  pursuant  to  Article  49  of  the  Treaty  on  European  Union  any  European  State,  when 
applying  to  become  a  Member  of  the  Union,  must  respect  the  values  set  out  in  Article  2  of  the 
Treaty  on  European  Union, 

BEARING  IN  MIND  that  Article  7  of  the  Treaty  on  European  Union  establishes  a  mechanism  for  the 
suspension  of  certain  rights  in  the  event  of  a  serious  and  persistent  breach  by  a  Member  State  of 
those  values, 

RECALLING that  each  national  of  a  Member  State,  as  a  citizen  of  the  Union,  enjoys  a  special status  and 
protection  which  shall  be  guaranteed  by  the  Member  States  in  accordance  with  the  provisions  of  Part 
Two  of  the  Treaty  on  the  Functioning  of  the  European  Union, 

BEARING  IN  MIND that  the  Treaties  establish  an  area  without  internal  frontiers  and  grant  every  citizen 
of  the  Union  the  right  to  move  and  reside  freely  within  the  territory  of  the  Member  States, 

WISHING to  prevent  the  institution  of  asylum  being  resorted  to  for  purposes  alien  to  those  for  which 
it  is  intended, 

WHEREAS this  Protocol  respects  the  finality  and  the  objectives  of  the  Geneva  Convention  of  28  July 
1951  relating  to  the  status  of  refugees,

Consolidated TreatiesConsolidated Treaties 
C  202/304 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/305
305305

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Sole  Article 

Given  the  level  of  protection  of  fundamental  rights  and  freedoms  by  the  Member  States  of  the 
European  Union,  Member  States  shall  be  regarded  as  constituting  safe  countries  of  origin  in  respect 
of  each  other  for  all  legal  and  practical  purposes  in  relation  to  asylum  matters.  Accordingly,  any 
application  for  asylum  made  by  a  national  of  a  Member  State  may  be  taken  into  consideration  or 
declared  admissible  for  processing  by  another  Member  State  only  in  the  following  cases: 

(a)  if  the  Member  State  of  which  the  applicant  is  a  national  proceeds  after  the  entry  into  force  of  the 
Treaty  of  Amsterdam,  availing  itself  of  the  provisions  of  Article  15  of  the  European  Convention 
for  the  Protection  of  Human  Rights  and  Fundamental  Freedoms,  to  take  measures  derogating  in 
its  territory  from  its  obligations  under  that  Convention; 

(b)  if  the  procedure  referred  to  Article  7(1)  of  the  Treaty  on  European  Union  has  been  initiated  and 
until  the  Council, or,  where  appropriate, the  European  Council,  takes  a  decision  in  respect  thereof 
with  regard  to  the  Member  State  of  which  the  applicant  is  a  national; 

(c)  if  the  Council  has  adopted  a  decision  in  accordance  with  Article  7(1)  of  the  Treaty  on  European 
Union  in  respect  of  the  Member  State  of  which  the  applicant  is  a  national  or  if  the  European 
Council  has  adopted  a  decision  in  accordance  with  Article  7(2)  of  that  Treaty  in  respect  of  the 
Member  State  of  which  the  applicant  is  a  national; 

(d)  if  a  Member  State  should  so  decide  unilaterally  in  respect  of  the  application  of  a  national  of 
another  Member  State;  in  that  case  the  Council  shall  be  immediately  informed;  the  application 
shall  be  dealt  with  on  the  basis  of  the  presumption  that  it  is  manifestly  unfounded  without 
in  any  way,  whatever  the  cases  may  be,  the  decision-making  power  of  the 
affecting 
Member  State.

ON  ASYLUM  FOR  NATIONALS  OF  MEMBER  STATES  OF  THE 

PROTOCOL  (No  24) 

EUROPEAN  UNION 

THE  HIGH  CONTRACTING  PARTIES, 

WHEREAS,  in  accordance  with  Article  6(1)  of  the  Treaty  on  European  Union,  the  Union  recognises 

the  rights,  freedoms  and  principles  set  out  in  the  Charter  of  Fundamental  Rights, 

WHEREAS  pursuant  to  Article  6(3)  of  the  Treaty  on  European  Union,  fundamental  rights,  as  guar­

anteed  by  the  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental  Freedoms, 

constitute  part  of  the  Union's  law  as  general  principles, 

WHEREAS  the  Court  of  Justice  of  the  European  Union  has  jurisdiction  to  ensure  that  in  the  inter­

pretation  and  application  of  Article  6,  paragraphs  (1)  and  (3)  of  the  Treaty  on  European  Union  the 

law  is  observed  by  the  European  Union, 

WHEREAS  pursuant  to  Article  49  of  the  Treaty  on  European  Union  any  European  State,  when 

applying  to  become  a  Member  of  the  Union,  must  respect  the  values  set  out  in  Article  2  of  the 

Treaty  on  European  Union, 

BEARING  IN  MIND  that  Article  7  of  the  Treaty  on  European  Union  establishes  a  mechanism  for  the 

suspension  of  certain  rights  in  the  event  of  a  serious  and  persistent  breach  by  a  Member  State  of 

those  values, 

RECALLING that  each  national  of  a  Member  State,  as  a  citizen  of  the  Union,  enjoys  a  special status  and 

protection  which  shall  be  guaranteed  by  the  Member  States  in  accordance  with  the  provisions  of  Part 

Two  of  the  Treaty  on  the  Functioning  of  the  European  Union, 

BEARING  IN  MIND that  the  Treaties  establish  an  area  without  internal  frontiers  and  grant  every  citizen 

of  the  Union  the  right  to  move  and  reside  freely  within  the  territory  of  the  Member  States, 

WISHING to  prevent  the  institution  of  asylum  being  resorted  to  for  purposes  alien  to  those  for  which 

it  is  intended, 

WHEREAS this  Protocol  respects  the  finality  and  the  objectives  of  the  Geneva  Convention  of  28  July 

1951  relating  to  the  status  of  refugees,

Consolidated version of the treaty on european unionProtocols 
 
C  202/306 
306306

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  25) 

ON  THE  EXERCISE  OF  SHARED  COMPETENCE 

THE  HIGH  CONTRACTING  PARTIES, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Sole  Article 

With  reference  to  Article  2(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union  on  shared 
competence,  when  the  Union  has  taken  action  in  a  certain  area,  the  scope  of  this  exercise  of 
competence  only  covers  those  elements  governed  by  the  Union  act  in  question  and  therefore  does 
not  cover  the  whole  area.

Consolidated TreatiesConsolidated Treaties 
With  reference  to  Article  2(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union  on  shared 

competence,  when  the  Union  has  taken  action  in  a  certain  area,  the  scope  of  this  exercise  of 

competence  only  covers  those  elements  governed  by  the  Union  act  in  question  and  therefore  does 

not  cover  the  whole  area.

C  202/306 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/307
307307

PROTOCOL  (No  25) 

ON  THE  EXERCISE  OF  SHARED  COMPETENCE 

PROTOCOL  (No  26) 

ON  SERVICES  OF  GENERAL  INTEREST 

THE  HIGH  CONTRACTING  PARTIES, 

THE  HIGH  CONTRACTING  PARTIES, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 

Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

WISHING  to  emphasise  the  importance  of  services  of  general  interest, 

Sole  Article 

HAVE  AGREED  UPON  the  following  interpretative  provisions,  which  shall  be  annexed  to  the  Treaty  on 
European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Article  1 

The  shared  values  of  the  Union  in  respect  of  services  of  general  economic  interest  within  the 
meaning  of  Article  14  of  the  Treaty  on  the  Functioning  of  the  European  Union  include  in  particular: 

—  the  essential  role  and  the  wide  discretion  of  national,  regional  and  local  authorities  in  providing, 
commissioning  and  organising  services  of  general  economic  interest  as  closely  as  possible  to  the 
needs  of  the  users; 

—  the  diversity  between  various  services  of  general  economic  interest  and  the  differences  in  the 
needs  and  preferences  of  users  that  may  result  from  different  geographical, social  or  cultural  situ­
ations; 

—  a  high  level  of  quality,  safety  and  affordability,  equal  treatment  and  the  promotion  of  universal 

access  and  of  user  rights. 

The  provisions  of  the  Treaties  do  not  affect  in  any  way  the  competence  of  Member  States  to  provide, 
commission  and  organise  non-economic  services  of  general  interest.

Article  2 

Consolidated version of the treaty on european unionProtocols 
 
C  202/308 
308308

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  27) 

ON  THE  INTERNAL  MARKET  AND  COMPETITION 

THE  HIGH  CONTRACTING  PARTIES, 

CONSIDERING  that  the  internal  market  as  set  out  in  Article  3  of  the  Treaty  on  European  Union 
includes  a  system  ensuring  that  competition  is  not  distorted, 

HAVE  AGREED  that: 

To  this  end,  the  Union  shall,  if  necessary,  take  action  under  the  provisions  of  the  Treaties,  including 
under  Article  352  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

This  protocol  shall  be  annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty  on  the  Func­
tioning  of  the  European  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/308 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/309
309309

PROTOCOL  (No  27) 

PROTOCOL  (No  28) 

ON  THE  INTERNAL  MARKET  AND  COMPETITION 

ON  ECONOMIC,  SOCIAL  AND  TERRITORIAL  COHESION 

THE  HIGH  CONTRACTING  PARTIES, 

THE  HIGH  CONTRACTING  PARTIES, 

CONSIDERING  that  the  internal  market  as  set  out  in  Article  3  of  the  Treaty  on  European  Union 

includes  a  system  ensuring  that  competition  is  not  distorted, 

HAVE  AGREED  that: 

To  this  end,  the  Union  shall,  if  necessary,  take  action  under  the  provisions  of  the  Treaties,  including 

under  Article  352  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

This  protocol  shall  be  annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty  on  the  Func­

tioning  of  the  European  Union.

RECALLING  that  Article  3  of  the  Treaty  on  European  Union  includes  the  objective  of  promoting 
economic,  social  and  territorial  cohesion  and  solidarity  between  Member  States  and  that  the  said 
cohesion  figures  among  the  areas  of  shared  competence  of  the  Union  listed  in  Article  4(2)(c)  of  the 
Treaty  on  the  Functioning  of  the  European  Union, 

RECALLING that  the  provisions  of  Part  Three,  Title  XVIII,  on  economic,  social  and  territorial  cohesion 
as  a  whole  provide  the  legal  basis  for  consolidating  and  further  developing  the  Union's  action  in  the 
field  of  economic,  social  and  territorial  cohesion,  including  the  creation  of  a  new  fund, 

RECALLING  that  the  provisions  of  Article  177  of  the  Treaty  on  the  Functioning  of  the 
European  Union  envisage  setting  up  a  Cohesion  Fund, 

NOTING that  the  European  Investment  Bank  is  lending  large  and  increasing  amounts  for  the  benefit  of 
the  poorer  regions, 

NOTING 
Structural  Funds, 

the  desire 

for  greater 

flexibility 

in 

the  arrangements 

for  allocations 

from 

the 

NOTING the  desire  for  modulation  of  the  levels  of  Union  participation  in  programmes  and  projects  in 
certain  countries, 

NOTING the  proposal  to  take  greater  account  of  the  relative  prosperity  of  Member  States  in  the  system 
of  own  resources, 

REAFFIRM  that  the  promotion  of  economic,  social  and  territorial  cohesion  is  vital  to  the  full  devel­
opment  and  enduring  success  of  the  Union, 

REAFFIRM their  conviction  that  the  Structural  Funds  should  continue  to  play  a  considerable  part  in  the 
achievement  of  Union  objectives  in  the  field  of  cohesion, 

REAFFIRM their  conviction  that  the  European  Investment  Bank  should  continue  to  devote  the  majority 
of  its  resources  to  the  promotion  of  economic,  social  and  territorial  cohesion,  and  declare  their 
willingness  to  review  the  capital  needs  of  the  European  Investment  Bank  as  soon  as  this  is  necessary 
for  that  purpose, 

AGREE that  the  Cohesion  Fund  will  provide  Union  financial  contributions  to  projects  in  the  fields  of 
environment  and  trans-European  networks  in  Member  States  with  a  per  capita  GNP  of  less 
than  90 %  of  the  Union  average which have a  programme  leading  to  the  fulfilment  of  the  conditions 
of  economic  convergence  as  set  out  in  Article  126,

Consolidated version of the treaty on european unionProtocols 
 
C  202/310 
310310

EN 

Official Journal of the European Union 

7.6.2016

DECLARE  their  intention  of  allowing  a  greater  margin  of  flexibility  in  allocating  financing  from  the 
Structural  Funds  to  specific  needs  not  covered  under  the  present  Structural  Funds  regulations, 

DECLARE their willingness  to  modulate  the  levels of  Union  participation  in  the  context  of  programmes 
and  projects  of  the  Structural  Funds,  with  a  view  to  avoiding  excessive  increases  in  budgetary 
expenditure  in  the  less  prosperous  Member  States, 

RECOGNISE the  need  to  monitor  regularly  the  progress  made  towards  achieving  economic,  social  and 
territorial  cohesion  and  state  their  willingness  to  study  all  necessary  measures  in  this  respect, 

DECLARE  their  intention  of  taking  greater  account  of  the  contributive  capacity  of  individual  Member 
States  in  the  system  of  own  resources,  and  of  examining  means  of  correcting,  for  the  less  prosperous 
Member  States,  regressive  elements  existing  in  the  present  own  resources  system, 

AGREE to  annex  this  Protocol  to  the  Treaty  on  European  Union  and  the  Treaty  on  the  Functioning  of 
the  European  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/310 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/311
311311

DECLARE  their  intention  of  allowing  a  greater  margin  of  flexibility  in  allocating  financing  from  the 

Structural  Funds  to  specific  needs  not  covered  under  the  present  Structural  Funds  regulations, 

DECLARE their willingness  to  modulate  the  levels of  Union  participation  in  the  context  of  programmes 

and  projects  of  the  Structural  Funds,  with  a  view  to  avoiding  excessive  increases  in  budgetary 

expenditure  in  the  less  prosperous  Member  States, 

PROTOCOL  (No  29) 

ON  THE  SYSTEM  OF  PUBLIC  BROADCASTING  IN  THE  MEMBER 
STATES 

THE  HIGH  CONTRACTING  PARTIES, 

RECOGNISE the  need  to  monitor  regularly  the  progress  made  towards  achieving  economic,  social  and 

territorial  cohesion  and  state  their  willingness  to  study  all  necessary  measures  in  this  respect, 

CONSIDERING  that  the  system  of  public  broadcasting  in  the  Member  States  is  directly  related  to  the 
democratic,  social  and  cultural  needs  of  each  society  and  to  the  need  to  preserve  media  pluralism, 

DECLARE  their  intention  of  taking  greater  account  of  the  contributive  capacity  of  individual  Member 

States  in  the  system  of  own  resources,  and  of  examining  means  of  correcting,  for  the  less  prosperous 

Member  States,  regressive  elements  existing  in  the  present  own  resources  system, 

AGREE to  annex  this  Protocol  to  the  Treaty  on  European  Union  and  the  Treaty  on  the  Functioning  of 

the  European  Union.

HAVE  AGREED  UPON  the  following  interpretive  provisions,  which  shall  be  annexed  to  the  Treaty  on 
European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

The  provisions  of  the  Treaties  shall  be  without  prejudice  to  the  competence  of  Member  States  to 
provide  for  the  funding  of  public  service  broadcasting  and  in  so  far  as  such  funding  is  granted  to 
broadcasting  organisations  for  the  fulfilment  of  the  public  service  remit  as  conferred,  defined  and 
organised  by  each Member  State,  and  in  so  far  as  such funding  does  not  affect  trading  conditions  and 
competition  in  the  Union  to  an  extent  which  would  be  contrary  to  the  common  interest,  while  the 
realisation  of  the  remit  of  that  public  service  shall  be  taken  into  account.

Consolidated version of the treaty on european unionProtocols 
 
C  202/312 
312312

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  30) 

ON  THE  APPLICATION  OF  THE  CHARTER  OF  FUNDAMENTAL  RIGHTS 
OF  THE  EUROPEAN  UNION  TO  POLAND  AND  TO  THE  UNITED 
KINGDOM 

THE  HIGH  CONTRACTING  PARTIES, 

WHEREAS  in  Article  6  of  the  Treaty  on  European  Union,  the  Union  recognises  the  rights,  freedoms 
and  principles  set  out  in  the  Charter  of  Fundamental  Rights  of  the  European  Union, 

WHEREAS the  Charter  is  to  be  applied  in  strict  accordance  with  the  provisions  of  the  aforementioned 
Article  6  and  Title  VII  of  the  Charter  itself, 

WHEREAS  the  aforementioned  Article  6  requires  the  Charter  to  be  applied  and  interpreted  by  the 
courts  of  Poland  and  of  the  United  Kingdom  strictly  in  accordance  with  the  explanations  referred  to 
in  that  Article, 

WHEREAS  the  Charter  contains  both  rights  and  principles, 

WHEREAS  the  Charter  contains  both  provisions  which  are  civil  and  political  in  character  and  those 
which  are  economic  and  social  in  character, 

WHEREAS  the  Charter  reaffirms  the  rights,  freedoms  and  principles  recognised  in  the  Union  and 
makes  those  rights  more  visible,  but  does  not  create  new  rights  or  principles, 

RECALLING  the  obligations  devolving  upon  Poland  and  the  United  Kingdom  under  the  Treaty  on 
European  Union,  the  Treaty  on  the  Functioning  of  the  European  Union,  and  Union  law  generally, 

NOTING  the  wish  of  Poland  and  the  United  Kingdom  to  clarify  certain  aspects  of  the  application  of 
the  Charter, 

DESIROUS  therefore  of  clarifying  the  application  of  the  Charter  in  relation  to  the  laws  and  adminis­
trative  action  of  Poland  and  of  the  United  Kingdom  and  of  its  justiciability  within  Poland  and  within 
the  United  Kingdom, 

REAFFIRMING that  references  in  this  Protocol  to  the  operation  of  specific  provisions  of  the  Charter  are 
strictly  without  prejudice  to  the  operation  of  other  provisions  of  the  Charter, 

REAFFIRMING that  this  Protocol  is  without  prejudice  to  the  application of  the  Charter to  other  Member 
States, 

REAFFIRMING that  this  Protocol  is  without  prejudice  to  other  obligations  devolving  upon  Poland  and 
the  United  Kingdom  under  the  Treaty  on  European  Union,  the  Treaty  on  the  Functioning  of  the 
European  Union,  and  Union  law  generally,

Consolidated TreatiesConsolidated Treaties 
C  202/312 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/313
313313

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Article  1 

1. 
The  Charter  does  not  extend  the  ability  of  the  Court  of  Justice  of  the  European  Union,  or  any 
court  or  tribunal  of  Poland  or  of  the  United  Kingdom,  to  find  that  the  laws,  regulations  or  adminis­
trative  provisions,  practices  or  action  of  Poland  or  of  the  United  Kingdom  are  inconsistent  with  the 
fundamental  rights,  freedoms  and  principles  that  it  reaffirms. 

2. 
In  particular,  and  for  the  avoidance  of  doubt,  nothing  in  Title  IV  of  the  Charter  creates 
justiciable  rights  applicable  to  Poland  or  the  United  Kingdom  except  in  so  far  as  Poland  or  the 
United  Kingdom  has  provided  for  such  rights  in  its  national  law. 

To  the  extent  that  a  provision  of  the  Charter  refers  to  national  laws  and  practices,  it  shall  only  apply 
to  Poland  or  the  United  Kingdom  to  the  extent  that  the  rights  or  principles  that  it  contains  are 
recognised  in  the  law  or  practices  of  Poland  or  of  the  United  Kingdom.

Article  2 

PROTOCOL  (No  30) 

ON  THE  APPLICATION  OF  THE  CHARTER  OF  FUNDAMENTAL  RIGHTS 

OF  THE  EUROPEAN  UNION  TO  POLAND  AND  TO  THE  UNITED 

KINGDOM 

THE  HIGH  CONTRACTING  PARTIES, 

WHEREAS  in  Article  6  of  the  Treaty  on  European  Union,  the  Union  recognises  the  rights,  freedoms 

and  principles  set  out  in  the  Charter  of  Fundamental  Rights  of  the  European  Union, 

WHEREAS the  Charter  is  to  be  applied  in  strict  accordance  with  the  provisions  of  the  aforementioned 

Article  6  and  Title  VII  of  the  Charter  itself, 

WHEREAS  the  aforementioned  Article  6  requires  the  Charter  to  be  applied  and  interpreted  by  the 

courts  of  Poland  and  of  the  United  Kingdom  strictly  in  accordance  with  the  explanations  referred  to 

in  that  Article, 

WHEREAS  the  Charter  contains  both  rights  and  principles, 

WHEREAS  the  Charter  contains  both  provisions  which  are  civil  and  political  in  character  and  those 

which  are  economic  and  social  in  character, 

WHEREAS  the  Charter  reaffirms  the  rights,  freedoms  and  principles  recognised  in  the  Union  and 

makes  those  rights  more  visible,  but  does  not  create  new  rights  or  principles, 

RECALLING  the  obligations  devolving  upon  Poland  and  the  United  Kingdom  under  the  Treaty  on 

European  Union,  the  Treaty  on  the  Functioning  of  the  European  Union,  and  Union  law  generally, 

NOTING  the  wish  of  Poland  and  the  United  Kingdom  to  clarify  certain  aspects  of  the  application  of 

the  Charter, 

DESIROUS  therefore  of  clarifying  the  application  of  the  Charter  in  relation  to  the  laws  and  adminis­

trative  action  of  Poland  and  of  the  United  Kingdom  and  of  its  justiciability  within  Poland  and  within 

the  United  Kingdom, 

REAFFIRMING that  references  in  this  Protocol  to  the  operation  of  specific  provisions  of  the  Charter  are 

strictly  without  prejudice  to  the  operation  of  other  provisions  of  the  Charter, 

REAFFIRMING that  this  Protocol  is  without  prejudice  to  the  application of  the  Charter to  other  Member 

States, 

REAFFIRMING that  this  Protocol  is  without  prejudice  to  other  obligations  devolving  upon  Poland  and 

the  United  Kingdom  under  the  Treaty  on  European  Union,  the  Treaty  on  the  Functioning  of  the 

European  Union,  and  Union  law  generally,

Consolidated version of the treaty on european unionProtocols 
 
C  202/314 
314314

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  31) 

CONCERNING  IMPORTS  INTO  THE  EUROPEAN  UNION  OF 
PETROLEUM  PRODUCTS  REFINED  IN  THE  NETHERLANDS  ANTILLES 

THE  HIGH  CONTRACTING  PARTIES, 

BEING  DESIROUS  of  giving  fuller  details  about  the  system  of  trade  applicable  to  imports  into  the 
European  Union  of  petroleum  products  refined  in  the  Netherlands  Antilles, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

This  Protocol  is  applicable  to  petroleum  products  coming  under  the  Brussels  Nomenclature 
numbers  27.10,  27.11,  27.12,  ex  27.13  (paraffin  wax,  petroleum  or  shale  wax  and  paraffin 
residues)  and  27.14,  imported  for  use  in  Member  States. 

Article  1 

Article  2 

Member  States  shall  undertake  to  grant  to  petroleum  products  refined  in  the  Netherlands  Antilles  the 
tariff  preferences  resulting  from  the  association  of  the  latter  with  the  Union,  under  the  conditions 
provided  for  in  this  Protocol.  These  provisions  shall  hold  good  whatever  may  be  the  rules  of  origin 
applied  by  the  Member  States. 

Article  3 

1.  When  the  Commission,  at  the  request  of  a  Member  State  or  on  its  own  initiative,  establishes 
that  imports  into  the  Union  of  petroleum  products  refined  in  the  Netherlands  Antilles  under  the 
system  provided  for  in  Article  2  above  are  giving  rise  to  real  difficulties  on  the  market  of  one  or 
more  Member  States,  it  shall  decide  that  customs  duties  on  the  said  imports  shall  be  introduced, 
increased  or  re-introduced  by  the  Member  States  in  question,  to  such  an  extent  and  for  such 
a  period  as  may  be  necessary to  meet  that  situation.  The  rates  of  the  customs  duties  thus  introduced, 
increased  or  re-introduced  may  not  exceed  the  customs  duties  applicable  to  third  countries  for  these 
same  products. 

The  provisions  of  paragraph  1  can  in  any  case  be  applied  when  imports  into  the  Union  of 

2. 
petroleum  products  refined  in  the  Netherlands  Antilles  reach  two  million  metric  tons  a  year. 

3. 
The  Council  shall  be  informed  of  decisions  taken  by  the  Commission  in  pursuance  of  para­
graphs  1  and  2,  including  those  directed  at  rejecting  the  request  of  a  Member  State.  The  Council 
shall,  at  the  request  of  any  Member  State,  assume  responsibility  for  the  matter  and  may  at  any  time 
amend  or  revoke  them.

Consolidated TreatiesConsolidated Treaties 
C  202/314 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/315
315315

Article  4 

that 

If  a  Member  State  considers 

imports  of  petroleum  products  refined 

the 
1. 
Netherlands  Antilles,  made  either  directly  or  through  another  Member  State  under  the  system 
provided  for  in  Article  2  above,  are  giving  rise  to  real  difficulties  on  its  market  and  that 
immediate  action  is  necessary  to  meet  them,  it  may  on  its  own  initiative  decide  to  apply  customs 
duties  to  such  imports,  the  rate  of  which  may  not  exceed  those  of  the  customs  duties  applicable  to 
third  countries  in  respect  of  the  same  products.  It  shall  notify  its  decision  to  the  Commission  which 
shall  decide  within  one  month  whether  the  measures  taken  by  the  State  should  be  maintained  or 
must  be  amended  or  cancelled.  The  provisions  of  Article  3(3)  shall  be  applicable  to  such  decision  of 
the  Commission. 

in 

2.  When  the  quantities  of  petroleum  products  refined  in  the  Netherlands  Antilles  imported  either 
directly  or  through  another  Member  State,  under  the  system  provided  for  in  Article  2  above,  into  a 
Member  State  or  States  of  the  European  Union  exceed  during  a  calendar  year  the  tonnage  shown  in 
the  Annex  to  this  Protocol,  the  measures  taken  in  pursuance  of  paragraph  1  by  that  or  those 
Member  States  for  the  current  year  shall  be  considered  to  be  justified;  the  Commission  shall, 
after  assuring  itself  that  the  tonnage  fixed  has  been  reached,  formally  record  the  measures  taken. 
In  such  a  case  the  other  Member  States  shall  abstain  from  formally  placing  the  matter  before  the 
Council. 

Article  5 

PROTOCOL  (No  31) 

CONCERNING  IMPORTS  INTO  THE  EUROPEAN  UNION  OF 

PETROLEUM  PRODUCTS  REFINED  IN  THE  NETHERLANDS  ANTILLES 

THE  HIGH  CONTRACTING  PARTIES, 

BEING  DESIROUS  of  giving  fuller  details  about  the  system  of  trade  applicable  to  imports  into  the 

European  Union  of  petroleum  products  refined  in  the  Netherlands  Antilles, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 

Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

This  Protocol  is  applicable  to  petroleum  products  coming  under  the  Brussels  Nomenclature 

numbers  27.10,  27.11,  27.12,  ex  27.13  (paraffin  wax,  petroleum  or  shale  wax  and  paraffin 

residues)  and  27.14,  imported  for  use  in  Member  States. 

Member  States  shall  undertake  to  grant  to  petroleum  products  refined  in  the  Netherlands  Antilles  the 

tariff  preferences  resulting  from  the  association  of  the  latter  with  the  Union,  under  the  conditions 

provided  for  in  this  Protocol.  These  provisions  shall  hold  good  whatever  may  be  the  rules  of  origin 

applied  by  the  Member  States. 

Article  1 

Article  2 

Article  3 

If  the  Union  decides  to  apply  quantitative  restrictions  to  petroleum  products,  no  matter  whence  they 
are  imported,  these  restrictions  may  also  be  applied  to  imports  of  such  products  from  the 
the 
Netherlands  Antilles. 
Netherlands  Antilles  as  compared  with  third  countries. 

such  a  case  preferential 

shall  be  granted 

treatment 

to 

In 

1.  When  the  Commission,  at  the  request  of  a  Member  State  or  on  its  own  initiative,  establishes 

that  imports  into  the  Union  of  petroleum  products  refined  in  the  Netherlands  Antilles  under  the 

system  provided  for  in  Article  2  above  are  giving  rise  to  real  difficulties  on  the  market  of  one  or 

more  Member  States,  it  shall  decide  that  customs  duties  on  the  said  imports  shall  be  introduced, 

increased  or  re-introduced  by  the  Member  States  in  question,  to  such  an  extent  and  for  such 

a  period  as  may  be  necessary to  meet  that  situation.  The  rates  of  the  customs  duties  thus  introduced, 

increased  or  re-introduced  may  not  exceed  the  customs  duties  applicable  to  third  countries  for  these 

same  products. 

Article  6 

1. 
The  provisions  of  Articles  2  to  5  shall  be  reviewed  by  the  Council,  by  unanimous  decision, 
after  consulting  the  European  Parliament  and  the  Commission,  when  a  common  definition  of  origin 
for  petroleum  products  from  third  countries  and  associated  countries  is  adopted,  or  when  decisions 
are  taken  within  the  framework  of  a  common  commercial  policy  for  the  products  in  question  or 
when  a  common  energy  policy  is  established. 

2. 

The  provisions  of  paragraph  1  can  in  any  case  be  applied  when  imports  into  the  Union  of 

petroleum  products  refined  in  the  Netherlands  Antilles  reach  two  million  metric  tons  a  year. 

2.  When  such  revision  is  made,  however,  equivalent  preferences  must  in  any  case  be  main­
tained 
in  favour  of  the  Netherlands  Antilles  in  a  suitable  form  and  for  a  minimum  quantity 
of  21½  million  metric  tons  of  petroleum  products. 

3. 

The  Council  shall  be  informed  of  decisions  taken  by  the  Commission  in  pursuance  of  para­

graphs  1  and  2,  including  those  directed  at  rejecting  the  request  of  a  Member  State.  The  Council 

shall,  at  the  request  of  any  Member  State,  assume  responsibility  for  the  matter  and  may  at  any  time 

amend  or  revoke  them.

3. 
The  Union's  commitments  in  regard  to  equivalent  preferences  as  mentioned  in  paragraph  2  of 
this  Article  may,  if  necessary,  be  broken  down  country  by  country  taking  into  account  the  tonnage 
indicated  in  the  Annex  to  this  Protocol.

Consolidated version of the treaty on european unionProtocols 
 
C  202/316 
316316

EN 

Official Journal of the European Union 

7.6.2016

Article  7 

For  the  implementation  of  this  Protocol,  the  Commission  is  responsible  for  following  the  pattern  of 
imports  into  the  Member  States  of  petroleum  products  refined  in  the  Netherlands  Antilles. 
Member  States  shall  communicate  to  the  Commission,  which  shall  see  that  it  is  circulated,  all 
useful  information  to  that  end  in  accordance  with  the  administrative  conditions  recommended  by  it. 

ANNEX  TO  THE  PROTOCOL 

For  the  implementation  of  Article  4(2)  of  the  Protocol  concerning  imports  into  the  European  Union  of  petroleum 
products  refined  in  the  Netherlands  Antilles,  the  High  Contracting  Parties  have  decided  that  the  quantity  of  2 million 
metric  tons  of  petroleum  products  from  the  Antilles  shall  be  allocated  among  the  Member  States  as  follows: 

Germany  ............................................................................................................ 

625 000  metric  tons 

Belgo-Luxembourg  Economic  Union  ........................................................ 

200 000  metric  tons 

France  .................................................................................................................. 

75 000  metric  tons 

Italy  ...................................................................................................................... 

100 000  metric  tons 

Netherlands  ....................................................................................................... 

1 000 000  metric  tons

Consolidated TreatiesConsolidated Treaties 
C  202/316 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/317
317317

Article  7 

For  the  implementation  of  this  Protocol,  the  Commission  is  responsible  for  following  the  pattern  of 

imports  into  the  Member  States  of  petroleum  products  refined  in  the  Netherlands  Antilles. 

Member  States  shall  communicate  to  the  Commission,  which  shall  see  that  it  is  circulated,  all 

useful  information  to  that  end  in  accordance  with  the  administrative  conditions  recommended  by  it. 

PROTOCOL  (No  32) 

ON  THE  ACQUISITION  OF  PROPERTY  IN  DENMARK 

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  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Notwithstanding  the  provisions  of  the  Treaties, Denmark  may  maintain  the  existing  legislation  on  the 
acquisition  of  second  homes.

ANNEX  TO  THE  PROTOCOL 

For  the  implementation  of  Article  4(2)  of  the  Protocol  concerning  imports  into  the  European  Union  of  petroleum 

products  refined  in  the  Netherlands  Antilles,  the  High  Contracting  Parties  have  decided  that  the  quantity  of  2 million 

metric  tons  of  petroleum  products  from  the  Antilles  shall  be  allocated  among  the  Member  States  as  follows: 

Germany  ............................................................................................................ 

625 000  metric  tons 

Belgo-Luxembourg  Economic  Union  ........................................................ 

200 000  metric  tons 

France  .................................................................................................................. 

75 000  metric  tons 

Italy  ...................................................................................................................... 

100 000  metric  tons 

Netherlands  ....................................................................................................... 

1 000 000  metric  tons

Consolidated version of the treaty on european unionProtocols 
 
C  202/318 
318318

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  33) 

CONCERNING  ARTICLE  157  OF  THE  TREATY  ON  THE  FUNCTIONING 
OF  THE  EUROPEAN  UNION 

THE  HIGH  CONTRACTING  PARTIES, 

HAVE AGREED upon the following provision, which shall be annexed to the Treaty on European  Union 
and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

For  the  purposes  of  Article  157  of  the  Treaty  on  the  Functioning  of  the  European  Union,  benefits 
under  occupational  social  security  schemes  shall  not  be  considered  as  remuneration  if  and  in  so  far 
as  they  are  attributable  to  periods  of  employment  prior  to  17  May  1990,  except  in  the  case  of 
workers  or  those  claiming  under  them  who  have  before  that  date  initiated  legal  proceedings  or 
introduced  an  equivalent  claim  under  the  applicable  national  law.

Consolidated TreatiesConsolidated Treaties 
C  202/318 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/319
319319

CONCERNING  ARTICLE  157  OF  THE  TREATY  ON  THE  FUNCTIONING 

ON  SPECIAL  ARRANGEMENTS  FOR  GREENLAND 

PROTOCOL  (No  34) 

PROTOCOL  (No  33) 

OF  THE  EUROPEAN  UNION 

THE  HIGH  CONTRACTING  PARTIES, 

HAVE AGREED upon the following provision, which shall be annexed to the Treaty on European  Union 

and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

For  the  purposes  of  Article  157  of  the  Treaty  on  the  Functioning  of  the  European  Union,  benefits 

under  occupational  social  security  schemes  shall  not  be  considered  as  remuneration  if  and  in  so  far 

as  they  are  attributable  to  periods  of  employment  prior  to  17  May  1990,  except  in  the  case  of 

workers  or  those  claiming  under  them  who  have  before  that  date  initiated  legal  proceedings  or 

introduced  an  equivalent  claim  under  the  applicable  national  law.

Sole  Article 

1. 
The  treatment  on  import  into  the  Union  of  products  subject  to  the  common  organisation  of 
the  market  in  fishery products, originating  in  Greenland,  shall, while  complying  with  the  mechanisms 
of  the  internal  market  organisation,  involve  exemption  from  customs  duties  and  charges  having 
equivalent  effect  and  the  absence  of  quantitative  restrictions  or  measures  having  equivalent  effect  if 
the  possibilities  for  access to  Greenland  fishing  zones  granted  to  the  Union  pursuant  to  an  agreement 
between  the  Union  and  the  authority  responsible  for  Greenland  are  satisfactory  to  the  Union. 

2.  All  measures  relating  to  the  import  arrangements  for  such  products,  including  those  relating  to 
the  adoption  of  such  measures,  shall  be  adopted  in  accordance  with  the  procedure  laid  down  in 
Article  43  of  the  Treaty  establishing  the  European  Union.

Consolidated version of the treaty on european unionProtocols 
 
C  202/320 
320320

EN 

Official Journal of the European Union 

7.6.2016

PROTOCOL  (No  35) 

ON  ARTICLE  40.3.3  OF  THE  CONSTITUTION  OF  IRELAND 

THE  HIGH  CONTRACTING  PARTIES, 

HAVE AGREED upon the following provision, which shall be annexed to the Treaty on European  Union 
and  to  the  Treaty  on  the  Functioning  of  the  European  Union  and  to  the  Treaty  establishing  the 
European  Atomic  Energy  Community: 

Nothing  in  the  Treaties,  or  in  the  Treaty  establishing  the  European  Atomic  Energy  Community,  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.

Consolidated TreatiesConsolidated Treaties 
C  202/320 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/321
321321

PROTOCOL  (No  35) 

ON  ARTICLE  40.3.3  OF  THE  CONSTITUTION  OF  IRELAND 

PROTOCOL  (No  36) 

ON  TRANSITIONAL  PROVISIONS 

THE  HIGH  CONTRACTING  PARTIES, 

THE  HIGH  CONTRACTING  PARTIES, 

HAVE AGREED upon the following provision, which shall be annexed to the Treaty on European  Union 

and  to  the  Treaty  on  the  Functioning  of  the  European  Union  and  to  the  Treaty  establishing  the 

European  Atomic  Energy  Community: 

Nothing  in  the  Treaties,  or  in  the  Treaty  establishing  the  European  Atomic  Energy  Community,  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.

WHEREAS,  in  order  to  organise  the  transition  from  the  institutional  provisions  of  the  Treaties 
applicable  prior  to  the  entry  into  force  of  the  Treaty  of  Lisbon  to  the  provisions  contained  in 
that  Treaty,  it  is  necessary  to  lay  down  transitional  provisions, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union,  to  the  Treaty  on  the  Functioning  of  the  European  Union  and  to  the  Treaty  establishing  the 
European  Atomic  Energy  Community: 

Article  1 
In  this  Protocol,  the  words  "the  Treaties"  shall  mean  the  Treaty  on  European  Union,  the  Treaty  on 
the  Functioning  of  the  European  Union  and  the  Treaty  establishing  the  European  Atomic 
Energy  Community. 

PROVISIONS  CONCERNING  THE  EUROPEAN  PARLIAMENT 

TITLE  I 

Article  2 

For  the  period of  the  2009-2014  parliamentary  term  remaining  at  the  date  of  entry  into  force 
1. 
of  this  Article,  and  by  way  of  derogation  from  Articles  189,  second  paragraph,  and  190(2)  of  the 
Treaty  establishing  the  European  Community  and  Articles  107,  second  paragraph,  and  108(2)  of 
the  Treaty  establishing  the  European  Atomic  Energy  Community,  which  were  in  force  at  the  time  of 
the  European  Parliament  elections  in  June  2009,  and  by  way of  derogation  from  the  number  of  seats 
provided  for  in  the  first  subparagraph  of  Article  14(2)  of  the  Treaty  on  European  Union,  the 
following  18  seats  shall  be  added  to  the  existing  736  seats,  thus  provisionally  bringing  the  total 
number  of  members  of  the  European  Parliament  to  754  until  the  end  of  the  2009-2014  parlia­
mentary  term: 

Bulgaria 

Spain 

France 

Italy 

Latvia 

Malta 

1 

4 

2 

1 

1 

1 

Netherlands 

Austria 

Poland 

Slovenia 

Sweden 

United  Kingdom 

1 

2 

1 

1 

2 

1 

2. 
By way of derogation  from Article  14(3)  of the Treaty on  European  Union, the Member  States 
concerned  shall  designate  the  persons  who  will  fill  the  additional  seats  referred  to  in  paragraph  1,  in 
accordance  with  the  legislation  of  the  Member  States  concerned  and  provided  that  the  persons  in 
question  have  been  elected  by  direct  universal  suffrage: 

(a)  in  ad  hoc  elections  by  direct  universal  suffrage  in  the  Member  State  concerned,  in  accordance 

with  the  provisions  applicable  for  elections  to  the  European  Parliament;

Consolidated version of the treaty on european unionProtocols 
 
C  202/322 
322322

EN 

Official Journal of the European Union 

7.6.2016

(b)  by  reference  to  the  results  of  the  European  Parliament  elections  from  4  to  7  June  2009;  or 

(c)  by  designation,  by  the  national  parliament  of  the  Member  State  concerned  from  among  its 
members,  of  the  requisite  number  of  members,  according  to  the  procedure  determined  by 
each  of  those  Member  States. 

In accordance with the second subparagraph of Article  14(2) of the Treaty on European  Union, 
the 

3. 
the  European  Council 
European  Parliament  in  good  time  before  the  2014  European  Parliament  elections. 

shall  adopt  a  decision  determining 

composition  of 

the 

TITLE  II 

PROVISIONS  CONCERNING  THE  QUALIFIED  MAJORITY 

Article  3 

In  accordance  with  Article  16(4)  of  the  Treaty  on  European  Union,  the  provisions  of  that 
1. 
paragraph  and  of  Article  238(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union  relating  to 
the  definition  of  the  qualified  majority  in  the  European  Council  and  the  Council  shall  take  effect 
on1  November  2014. 

Between  1  November  2014  and  31  March  2017,  when  an  act  is  to  be  adopted  by  qualified 
2. 
majority,  a  member  of  the  Council  may  request  that  it  be  adopted  in  accordance  with  the  qualified 
majority  as  defined  in  paragraph  3.  In  that  case,  paragraphs  3  and  4  shall  apply. 

3. 
Until  31  October  2014,  the  following  provisions  shall  remain  in  force,  without  prejudice  to 
the  second  subparagraph  of  Article  235(1)  of  the  Treaty on  the  Functioning  of  the  European  Union. 

For  acts  of  the  European  Council  and  of  the  Council  requiring  a  qualified  majority,  members'  votes 
shall  be  weighted  as  follows: 

Belgium 
Bulgaria 
Czech  Republic 
Denmark 
Germany 
Estonia 
Ireland 
Greece 
Spain 
France 
Croatia 
Italy 
Cyprus 
Latvia 

12 
10 
12 
7 
29 
4 
7 
12 
27 
29 
7 
29 
4 
4 

Lithuania 
Luxembourg 
Hungary 
Malta 
Netherlands 
Austria 
Poland 
Portugal 
Romania 
Slovenia 
Slovakia 
Finland 
Sweden 
United  Kingdom 

7 
4 
12 
3 
13 
10 
27 
12 
14 
4 
7 
7 
10 
29 

Acts  shall  be  adopted  if  there  are at  least  260  votes  in  favour representing  a  majority  of  the  members 
where,  under  the  Treaties, they  must  be  adopted  on  a  proposal  from  the  Commission.  In  other  cases 
decisions  shall  be  adopted  if  there  are  at  least  260  votes  in  favour representing  at  least  two  thirds  of 
the  members.

Consolidated TreatiesConsolidated Treaties 
C  202/322 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/323
323323

(b)  by  reference  to  the  results  of  the  European  Parliament  elections  from  4  to  7  June  2009;  or 

(c)  by  designation,  by  the  national  parliament  of  the  Member  State  concerned  from  among  its 

members,  of  the  requisite  number  of  members,  according  to  the  procedure  determined  by 

each  of  those  Member  States. 

3. 

In accordance with the second subparagraph of Article  14(2) of the Treaty on European  Union, 

the  European  Council 

shall  adopt  a  decision  determining 

the 

composition  of 

the 

European  Parliament  in  good  time  before  the  2014  European  Parliament  elections. 

PROVISIONS  CONCERNING  THE  QUALIFIED  MAJORITY 

TITLE  II 

Article  3 

1. 

In  accordance  with  Article  16(4)  of  the  Treaty  on  European  Union,  the  provisions  of  that 

paragraph  and  of  Article  238(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union  relating  to 

the  definition  of  the  qualified  majority  in  the  European  Council  and  the  Council  shall  take  effect 

on1  November  2014. 

2. 

Between  1  November  2014  and  31  March  2017,  when  an  act  is  to  be  adopted  by  qualified 

majority,  a  member  of  the  Council  may  request  that  it  be  adopted  in  accordance  with  the  qualified 

majority  as  defined  in  paragraph  3.  In  that  case,  paragraphs  3  and  4  shall  apply. 

3. 

Until  31  October  2014,  the  following  provisions  shall  remain  in  force,  without  prejudice  to 

the  second  subparagraph  of  Article  235(1)  of  the  Treaty on  the  Functioning  of  the  European  Union. 

For  acts  of  the  European  Council  and  of  the  Council  requiring  a  qualified  majority,  members'  votes 

shall  be  weighted  as  follows: 

Czech  Republic 

Belgium 

Bulgaria 

Denmark 

Germany 

Estonia 

Ireland 

Greece 

Spain 

France 

Croatia 

Italy 

Cyprus 

Latvia 

12 

10 

12 

7 

29 

4 

7 

12 

27 

29 

7 

29 

4 

4 

Lithuania 

Luxembourg 

Hungary 

Malta 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

United  Kingdom 

7 

4 

12 

3 

13 

10 

27 

12 

14 

4 

7 

7 

10 

29 

A  member  of  the  European  Council  or  the  Council  may  request  that,  where  an  act  is  adopted  by  the 
European  Council  or  the  Council  by  a  qualified  majority,  a  check  is  made  to  ensure  that  the  Member 
States  comprising  the  qualified  majority  represent  at  least  62 %  of  the  total  population  of  the  Union. 
If  that  proves  not  to  be  the  case,  the  act  shall  not  be  adopted. 

Until  31  October  2014,  the  qualified  majority  shall,  in  cases  where,  under  the  Treaties,  not  all 
4. 
the  members  of  the  Council  participate in  voting,  namely  in  the  cases  where  reference  is  made  to  the 
qualified  majority  as  defined 
in  Article  238(3)  of  the  Treaty  on  the  Functioning  of  the 
European  Union,  be  defined  as  the  same  proportion  of  the  weighted  votes  and  the  same  proportion 
of  the  number  of  the  Council  members  and,  if  appropriate,  the  same  percentage  of  the  population  of 
the  Member  States  concerned  as  laid  down  in  paragraph  3  of  this  Article. 

PROVISIONS  CONCERNING  THE  CONFIGURATIONS  OF  THE  COUNCIL 

TITLE  III 

Article  4 

Until  the  entry  into  force  of  the  decision  referred  to  in  the  first  subparagraph  of  Article  16(6)  of  the 
Treaty  on  European  Union,  the  Council  may  meet  in  the  configurations  laid  down  in  the  second  and 
third  subparagraphs  of  that  paragraph  and  in  the  other  configurations  on  the  list  established  by  a 
decision  of  the  General  Affairs  Council,  acting  by  a  simple  majority. 

PROVISIONS  CONCERNING  THE  COMMISSION,  INCLUDING  THE  HIGH 
REPRESENTATIVE  OF  THE  UNION  FOR  FOREIGN  AFFAIRS  AND  SECURITY  POLICY 

TITLE  IV 

Article  5 

The  members  of  the  Commission  in  office  on  the  date  of  entry  into  force  of  the  Treaty  of  Lisbon 
shall  remain  in  office  until  the  end  of  their  term  of  office.  However,  on  the  day  of  the  appointment 
of  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy,  the  term  of  office  of 
the  member  having  the  same  nationality  as  the  High  Representative  shall  end. 

TITLE  V 

PROVISIONS  CONCERNING  THE  SECRETARY-GENERAL  OF  THE  COUNCIL, 
HIGH  REPRESENTATIVE  FOR  THE  COMMON  FOREIGN  AND  SECURITY  POLICY, 
AND  THE  DEPUTY  SECRETARY-GENERAL  OF  THE  COUNCIL 

Article  6 

Acts  shall  be  adopted  if  there  are at  least  260  votes  in  favour representing  a  majority  of  the  members 

where,  under  the  Treaties, they  must  be  adopted  on  a  proposal  from  the  Commission.  In  other  cases 

decisions  shall  be  adopted  if  there  are  at  least  260  votes  in  favour representing  at  least  two  thirds  of 

the  members.

The  terms  of  office  of  the  Secretary-General  of  the  Council,  High  Representative  for  the  common 
foreign  and  security  policy,  and  the  Deputy  Secretary-General  of  the  Council  shall  end  on  the  date  of 
entry  into  force  of  the  Treaty  of  Lisbon.  The  Council  shall  appoint  a  Secretary-General  in  conformity 
with  Article  240(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union.

Consolidated version of the treaty on european unionProtocols 
 
C  202/324 
324324

EN 

Official Journal of the European Union 

7.6.2016

TITLE  VI 

PROVISIONS  CONCERNING  ADVISORY  BODIES 

Article  7 

Until  the  entry  into  force  of  the  decision  referred  to  in  Article  301  of  the  Treaty  on  the  Functioning 
of  the  European  Union,  the  allocation  of  members  of  the  Economic  and  Social Committee  shall  be  as 
follows: 

Belgium 
Bulgaria 
Czech  Republic 
Denmark 
Germany 
Estonia 
Ireland 
Greece 
Spain 
France 
Croatia 
Italy 
Cyprus 
Latvia 

12 
12 
12 
9 
24 
7 
9 
12 
21 
24 
9 
24 
6 
7 

Lithuania 
Luxembourg 
Hungary 
Malta 
Netherlands 
Austria 
Poland 
Portugal 
Romania 
Slovenia 
Slovakia 
Finland 
Sweden 
United  Kingdom 

9 
6 
12 
5 
12 
12 
21 
12 
15 
7 
9 
9 
12 
24 

Until  the  entry  into  force  of  the  decision  referred  to  in  Article  305  of  the  Treaty  on  the  Functioning 
of  the  European  Union,  the  allocation  of  members  of  the  Committee  of  the  Regions  shall  be 
as  follows: 

Article  8 

Belgium 
Bulgaria 
Czech  Republic 
Denmark 
Germany 
Estonia 
Ireland 
Greece 
Spain 
France 
Croatia 
Italy 
Cyprus 
Latvia 

12 
12 
12 
9 
24 
7 
9 
12 
21 
24 
9 
24 
6 
7 

Lithuania 
Luxembourg 
Hungary 
Malta 
Netherlands 
Austria 
Poland 
Portugal 
Romania 
Slovenia 
Slovakia 
Finland 
Sweden 
United  Kingdom 

9 
6 
12 
5 
12 
12 
21 
12 
15 
7 
9 
9 
12 
24

Consolidated TreatiesConsolidated Treaties 
C  202/324 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/325
325325

PROVISIONS  CONCERNING  ADVISORY  BODIES 

TITLE  VI 

Article  7 

Until  the  entry  into  force  of  the  decision  referred  to  in  Article  301  of  the  Treaty  on  the  Functioning 

of  the  European  Union,  the  allocation  of  members  of  the  Economic  and  Social Committee  shall  be  as 

follows: 

Until  the  entry  into  force  of  the  decision  referred  to  in  Article  305  of  the  Treaty  on  the  Functioning 

of  the  European  Union,  the  allocation  of  members  of  the  Committee  of  the  Regions  shall  be 

as  follows: 

Article  8 

Belgium 

Bulgaria 

Denmark 

Germany 

Czech  Republic 

Estonia 

Ireland 

Greece 

Spain 

France 

Croatia 

Italy 

Cyprus 

Latvia 

Belgium 

Bulgaria 

Denmark 

Germany 

Czech  Republic 

Estonia 

Ireland 

Greece 

Spain 

France 

Croatia 

Italy 

Cyprus 

Latvia 

12 

12 

12 

9 

24 

7 

9 

12 

21 

24 

9 

24 

6 

7 

12 

12 

12 

9 

24 

7 

9 

12 

21 

24 

9 

24 

6 

7 

Lithuania 

Luxembourg 

Hungary 

Malta 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

United  Kingdom 

Lithuania 

Luxembourg 

Hungary 

Malta 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

United  Kingdom 

9 

6 

12 

5 

12 

12 

21 

12 

15 

7 

9 

9 

12 

24 

9 

6 

12 

5 

12 

12 

21 

12 

15 

7 

9 

9 

12 

24

TITLE  VII 

TRANSITIONAL  PROVISIONS  CONCERNING  ACTS  ADOPTED  ON  THE  BASIS  OF 
TITLES  V  AND  VI  OF  THE  TREATY  ON  EUROPEAN  UNION  PRIOR  TO  THE  ENTRY 
INTO  FORCE  OF  THE  TREATY  OF  LISBON 

Article  9 

The  legal  effects  of  the  acts  of  the  institutions,  bodies,  offices  and  agencies  of  the  Union  adopted  on 
the  basis  of  the  Treaty  on  European  Union  prior  to  the  entry  into  force  of  the  Treaty  of  Lisbon  shall 
be  preserved  until  those  acts  are  repealed,  annulled  or  amended  in  implementation  of  the  Treaties. 
The  same  shall  apply  to  agreements  concluded  between  Member  States  on  the  basis  of  the  Treaty  on 
European  Union. 

Article  10 

1.  As  a  transitional  measure,  and  with  respect  to  acts  of  the  Union  in  the  field  of  police 
cooperation  and  judicial  cooperation  in  criminal  matters  which  have  been  adopted  before  the 
entry  into  force  of  the  Treaty  of  Lisbon,  the  powers  of  the  institutions  shall  be  the  following  at 
the  date  of  entry  into  force  of  that  Treaty:  the  powers  of  the  Commission  under  Article  258  of  the 
Treaty  on  the  Functioning  of  the  European  Union  shall  not  be  applicable  and  the  powers  of  the 
Court  of  Justice  of  the  European  Union  under  Title  VI  of  the  Treaty  on  European  Union,  in  the 
version  in  force  before  the  entry  into  force  of  the  Treaty  of  Lisbon,  shall  remain  the  same,  including 
where  they  have  been  accepted  under  Article  35(2)  of  the  said  Treaty  on  European  Union. 

2. 
The  amendment  of  an  act  referred to  in  paragraph  1  shall  entail  the  applicability of  the  powers 
of  the  institutions  referred  to  in  that  paragraph as  set  out  in  the  Treaties with  respect to  the  amended 
act  for  those  Member  States  to  which  that  amended  act  shall  apply. 

In  any  case,  the  transitional  measure  mentioned  in  paragraph  1  shall  cease  to  have  effect 

3. 
five  years  after  the  date  of  entry  into  force  of  the  Treaty  of  Lisbon. 

4.  At  the  latest  six  months  before  the  expiry  of  the  transitional  period  referred  to  in  paragraph  3, 
the  United  Kingdom  may  notify  to  the  Council  that  it  does  not  accept,  with  respect  to  the  acts 
referred to  in  paragraph  1,  the  powers of  the  institutions  referred to  in  paragraph  1  as  set  out  in  the 
Treaties.  In  case  the  United  Kingdom  has  made  that  notification,  all  acts  referred  to  in  paragraph  1 
shall  cease  to  apply  to  it  as  from  the  date  of  expiry  of  the  transitional  period  referred  to  in 
paragraph  3.  This  subparagraph  shall  not  apply  with  respect  to  the  amended  acts  which  are 
applicable  to  the  United  Kingdom  as  referred  to  in  paragraph  2. 

The  Council,  acting  by  a  qualified  majority  on  a  proposal  from  the  Commission,  shall  determine  the 
necessary  consequential  and  transitional  arrangements.  The  United  Kingdom  shall  not  participate  in 
the  adoption  of  this  decision.  A  qualified  majority  of  the  Council  shall  be  defined  in  accordance  with 
Article  238(3)(a)  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

The  Council,  acting  by  a  qualified  majority  on  a  proposal  from  the  Commission,  may  also  adopt  a 
decision  determining  that  the  United  Kingdom  shall  bear  the  direct  financial  consequences,  if  any, 
necessarily  and  unavoidably  incurred  as  a  result  of  the  cessation  of  its  participation  in  those  acts.

Consolidated version of the treaty on european unionProtocols 
 
C  202/326 
326326

EN 

Official Journal of the European Union 

7.6.2016

5. 
The  United  Kingdom  may,  at  any  time  afterwards,  notify  the  Council  of  its  wish  to  participate 
in  acts which have ceased to  apply to  it  pursuant  to  paragraph  4,  first subparagraph. In  that  case, the 
relevant  provisions  of  the  Protocol  on  the  Schengen  acquis  integrated  into  the  framework  of  the 
European  Union  or  of  the  Protocol  on  the  position  of  the  United  Kingdom  and  Ireland  in  respect  of 
the  area  of  freedom,  security  and  justice,  as  the  case  may  be,  shall  apply.  The  powers  of  the 
institutions  with  regard  to  those  acts  shall  be  those  set  out  in  the  Treaties.  When  acting  under 
the  relevant  Protocols,  the  Union  institutions  and  the  United  Kingdom  shall  seek  to  re-establish  the 
widest possible measure of  participation  of  the  United  Kingdom  in  the  acquis of  the  Union  in  the  area 
of  freedom,  security  and  justice  without  seriously  affecting  the  practical  operability  of  the  various 
parts  thereof,  while  respecting  their  coherence.

Consolidated TreatiesConsolidated Treaties 
C  202/326 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/327
327327

5. 

The  United  Kingdom  may,  at  any  time  afterwards,  notify  the  Council  of  its  wish  to  participate 

in  acts which have ceased to  apply to  it  pursuant  to  paragraph  4,  first subparagraph. In  that  case, the 

relevant  provisions  of  the  Protocol  on  the  Schengen  acquis  integrated  into  the  framework  of  the 

European  Union  or  of  the  Protocol  on  the  position  of  the  United  Kingdom  and  Ireland  in  respect  of 

the  area  of  freedom,  security  and  justice,  as  the  case  may  be,  shall  apply.  The  powers  of  the 

institutions  with  regard  to  those  acts  shall  be  those  set  out  in  the  Treaties.  When  acting  under 

the  relevant  Protocols,  the  Union  institutions  and  the  United  Kingdom  shall  seek  to  re-establish  the 

widest possible measure of  participation  of  the  United  Kingdom  in  the  acquis of  the  Union  in  the  area 

of  freedom,  security  and  justice  without  seriously  affecting  the  practical  operability  of  the  various 

parts  thereof,  while  respecting  their  coherence.

PROTOCOL  (No  37) 

ON  THE  FINANCIAL  CONSEQUENCES  OF  THE  EXPIRY  OF  THE  ECSC 
TREATY  AND  ON  THE  RESEARCH  FUND  FOR  COAL  AND  STEEL 

THE  HIGH  CONTRACTING  PARTIES, 

RECALLING that  all  assets  and  liabilities  of  the  European  Coal  and  Steel  Community,  as  they  existed  on 
23  July  2002,  were  transferred  to  the  European  Community  on  24  July  2002, 

TAKING  ACCOUNT of  the  desire  to  use  these  funds  for  research  in  sectors  related  to  the  coal  and  steel 
industry  and  therefore  the  necessity  to  provide  for  certain  special  rules  in  this  regard, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

Article  1 

1. 
The  net  worth  of  these  assets  and  liabilities,  as  they  appear  in  the  balance  sheet  of  the  ECSC  of 
23  July  2002,  subject  to  any  increase  or  decrease  which  may  occur  as  a  result  of  the  liquidation 
operations,  shall  be  considered  as  assets  intended  for  research  in  the  sectors  related  to  the  coal  and 
steel  industry, referred  to  as  the "ECSC  in  liquidation".  On  completion  of  the  liquidation  they  shall  be 
referred  to  as  the  "assets  of  the  Research  Fund  for  Coal  and  Steel". 

The  revenue  from  these  assets,  referred  to  as  the  "Research  Fund  for  Coal  and  Steel",  shall  be 
2. 
used  exclusively  for  research,  outside  the  research  framework  programme,  in  the  sectors  related  to 
the  coal  and  steel  industry  in  accordance  with  the  provisions  of  this  Protocol  and  of  acts  adopted  on 
the  basis  hereof. 

Article  2 

The  Council,  acting  in  accordance  with  a  special  legislative procedure  and  after  obtaining  the  consent 
of  the  European  Parliament,  shall  adopt  all  the  necessary  provisions  for  the  implementation  of  this 
Protocol,  including  essential  principles. 

The  Council  shall  adopt,  on  a  proposal 
from  the  Commission  and  after  consulting  the 
European  Parliament,  measures  establishing  multiannual  financial  guidelines  for  managing  the 
assets  of  the  Research  Fund  for  Coal  and  Steel  and  technical  guidelines  for  the  research 
programme  of  the  Research  Fund  for  Coal  and  Steel. 

Except  as  otherwise  provided  in  this  Protocol  and  in  the  acts  adopted  on  the  basis  hereof,  the 
provisions  of  the  Treaties  shall  apply.

Article  3 

Consolidated version of the treaty on european unionProtocols 
 
 2/004 C

EN 

 noinU naeporuE eht fo lanruoJ laiciffO

6102.01.82

This  publication  has  been  produced  for  documentary  purposes  and  does  not  involve  the  responsi

bility  of  the  institutions  of  the  European  Union.’ 

2.  On  page  9,  in  the  table  of  contents,  after  the  title  of  Protocol  (No  37),  the  title  of  the  following 

Protocol  is  inserted: 

‘Protocol  (no  38) 

on  the  concerns  of  the  Irish  people  on  the  Treaty  of  Lisbon 

.  .  .  .  .  .  .  .  328’ 

3.  [This  corrigendum  does  not  concern  the  English  version.] 

4.  On  page  328,  the  following  Protocol  is  added: 
328328

ON  THE  CONCERNS  OF  THE  IRISH  PEOPLE  ON THE TREATY  OF  LISBON

 PROTOCOL  (No  38)  

THE HIGH CONTRACTING PARTIES,

RECALLING the  Decision  of  the  Heads  of  State  or  Government  of  the  27  Member  States  of  the 
European  Union,  meeting  within  the  European  Council,  on  18-19  June  2009,  on  the  concerns  of 
the  Irish  people  on  the  Treaty  of  Lisbon; 

RECALLING  the  declaration  of  the  Heads  of  State  or  Government,  meeting  within  the  European 
Council,  on  18-19  June  2009,  that  they  would,  at  the  time  of  the  conclusion  of  the  next  Accession 
Treaty,  set  out  the  provisions  of  that  Decision  in  a  Protocol  to  be  attached,  in  accordance  with  their 
respective  constitutional  requirements,  to  the  Treaty  on  European  Union  and  the  Treaty  on  the 
Functioning  of  the  European  Union; 

NOTING  the  signature  by  the  High  Contracting  Parties  of  the  Treaty  between  the  High  Contracting 
Parties  and  the  Republic  of  Croatia  concerning  the  accession  of  the  Republic  of  Croatia  to  the 
European  Union; 

HAVE AGREED UPON
Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union: 

the  following  provisions,  which  shall  be  annexed  to  the  Treaty  on  European 

TITLE I 

RIGHT TO LIFE, FAMILY AND EDUCATION

Article  1 

Nothing  in  the  Treaty  of  Lisbon  attributing  legal  status  to  the  Charter  of  Fundamental  Rights  of  the 
European  Union,  or  in  the  provisions  of  that  Treaty  in  the  area  of  Freedom,  Security  and  Justice 
affects  in  any  way  the  scope  and  applicability  of  the  protection  of  the  right  to  life  in  Article  40.3.1, 
40.3.2  and  40.3.3,  the  protection  of  the  family  in  Article  41  and  the  protection  of  the  rights  in 
respect  of  education  in  Articles  42  and  44.2.4  and  44.2.5  provided  by  the  Constitution  of  Ireland.
 noinU naeporuE eht fo lanruoJ laiciffO
3/004 C
 6102.01.82

EN 

TITLE  II 

TAXATION  

Article  2 

Nothing  in  the  Treaty  of  Lisbon  makes  any  change  of  any  kind,  for  any  Member  State,  to  the  extent 
or  operation  of  the  competence  of  the  European  Union  in  relation  to  taxation. 

TITLE  III 

SECURITY  AND  DEFENCE

Article  3 

The  Union’s  action  on  the  international  scene  is  guided  by  the  principles  of  democracy,  the  rule  of 
law,  the  universality  and  indivisibility  of  human  rights  and  fundamental  freedoms,  respect  for  human 
dignity,  the  principles  of  equality  and  solidarity,  and  respect  for  the  principles  of  the  United  Nations 

Charter  and  international  law. 

The  Union’s  common  security  and  defence  policy  is  an  integral  part  of  the  common  foreign  and 

security  policy  and  provides  the  Union  with  an  operational  capacity  to  undertake  missions  outside 

the  Union  for  peace-keeping,  conflict  prevention  and  strengthening 

international  security  in 

accordance  with  the  principles  of  the  United  Nations  Charter. 

It  does  not  prejudice  the  security  and  defence  policy  of  each  Member  State,  including  Ireland,  or  the 

obligations  of  any  Member  State. 

The  Treaty  of  Lisbon  does  not  affect  or  prejudice  Ireland’s  traditional  policy  of  military  neutrality. 

It  will  be  for  Member  States  -  including  Ireland,  acting  in  a  spirit  of  solidarity  and  without  prejudice 

to  its  traditional  policy  of  military  neutrality  -  to  determine  the  nature  of  aid  or  assistance  to  be 

provided  to  a  Member  State  which  is  the  object  of  a  terrorist  attack  or  the  victim  of  armed 

aggression  on  its  territory. 

Any  decision  to  move  to  a  common  defence  will  require  a  unanimous  decision  of  the  European 

Council.  It  would  be  a  matter  for  the  Member  States,  including  Ireland,  to  decide,  in  accordance  with 

the  provisions  of  the  Treaty  of  Lisbon  and  with  their  respective  constitutional  requirements,  whether 

or  not  to  adopt  a  common  defence. 

Nothing  in  this  Title  affects  or  prejudices  the  position  or  policy  of  any  other  Member  State  on 

security  and  defence. 

It  is  also  a  matter  for  each  Member  State  to  decide,  in  accordance  with  the  provisions  of  the  Treaty 

of  Lisbon  and  any  domestic  legal  requirements,  whether  to  participate  in  permanent  structured 

cooperation  or  the  European  Defence  Agency. 

The  Treaty  of  Lisbon  does  not  provide  for  the  creation  of  a  European  army  or  for  conscription  to 

any  military  formation.

Consolidated TreatiesConsolidated Treaties 
 
 
 
 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 6102.01.82

EN 

 noinU naeporuE eht fo lanruoJ laiciffO

3/004 C

TITLE  II 

TAXATION  

Article  2 

Nothing  in  the  Treaty  of  Lisbon  makes  any  change  of  any  kind,  for  any  Member  State,  to  the  extent 
or  operation  of  the  competence  of  the  European  Union  in  relation  to  taxation. 
329329

TITLE  III 

SECURITY  AND  DEFENCE

Article  3 

The  Union’s  action  on  the  international  scene  is  guided  by  the  principles  of  democracy,  the  rule  of 
law,  the  universality  and  indivisibility  of  human  rights  and  fundamental  freedoms,  respect  for  human 
dignity,  the  principles  of  equality  and  solidarity,  and  respect  for  the  principles  of  the  United  Nations 
Charter  and  international  law. 

The  Union’s  common  security  and  defence  policy  is  an  integral  part  of  the  common  foreign  and 
security  policy  and  provides  the  Union  with  an  operational  capacity  to  undertake  missions  outside 
the  Union  for  peace-keeping,  conflict  prevention  and  strengthening 
international  security  in 
accordance  with  the  principles  of  the  United  Nations  Charter. 

It  does  not  prejudice  the  security  and  defence  policy  of  each  Member  State,  including  Ireland,  or  the 
obligations  of  any  Member  State. 

The  Treaty  of  Lisbon  does  not  affect  or  prejudice  Ireland’s  traditional  policy  of  military  neutrality. 

It  will  be  for  Member  States  -  including  Ireland,  acting  in  a  spirit  of  solidarity  and  without  prejudice 
to  its  traditional  policy  of  military  neutrality  -  to  determine  the  nature  of  aid  or  assistance  to  be 
provided  to  a  Member  State  which  is  the  object  of  a  terrorist  attack  or  the  victim  of  armed 
aggression  on  its  territory. 

Any  decision  to  move  to  a  common  defence  will  require  a  unanimous  decision  of  the  European 
Council.  It  would  be  a  matter  for  the  Member  States,  including  Ireland,  to  decide,  in  accordance  with 
the  provisions  of  the  Treaty  of  Lisbon  and  with  their  respective  constitutional  requirements,  whether 
or  not  to  adopt  a  common  defence. 

Nothing  in  this  Title  affects  or  prejudices  the  position  or  policy  of  any  other  Member  State  on 
security  and  defence. 

It  is  also  a  matter  for  each  Member  State  to  decide,  in  accordance  with  the  provisions  of  the  Treaty 
of  Lisbon  and  any  domestic  legal  requirements,  whether  to  participate  in  permanent  structured 
cooperation  or  the  European  Defence  Agency. 

The  Treaty  of  Lisbon  does  not  provide  for  the  creation  of  a  European  army  or  for  conscription  to 
 4/004 C
 noinU naeporuE eht fo lanruoJ laiciffO
6102.01.82
any  military  formation.

EN 

It  does  not  affect  the  right  of  Ireland  or  any  other  Member  State  to  determine  the  nature  and  volume 
of  its  defence  and  security  expenditure  and  the  nature  of  its  defence  capabilities. 

It  will  be  a  matter  for  Ireland  or  any  other  Member  State,  to  decide,  in  accordance  with  any  domestic 
legal  requirements,  whether  or  not  to  participate  in  any  military  operation. 

TITLE  IV 

FINAL PROVISIONS

Article  4 

This  Protocol  shall  remain  open  for  signature  by  the  High  Contracting  Parties  until  30  June  2012. 

This  Protocol  shall  be  ratified  by  the  High  Contracting  Parties,  and  by  the  Republic  of  Croatia  in  the 

event  that  this  Protocol  has  not  entered  into  force  by  the  date  of  accession  of  the  Republic  of  Croatia 

to  the  European  Union,  in  accordance  with  their  respective  constitutional  requirements.  The 

instruments  of  ratification  shall  be  deposited  with  the  Government  of  the  Italian  Republic. 

This  Protocol  shall  enter  into  force  if  possible  on  30  June  2013,  provided  that  all  the  instruments  of 

ratification  have  been  deposited,  or,  failing  that,  on  the  first  day  of  the  month  following  the  deposit 

of  the  instrument  of  ratification  by  the  last  Member  State  to  take  this  step. 

Article  5 

This Protocol, drawn  up in  a  single  original in  the Bulgarian, Czech, Danish, Dutch, English, Estonian, 

Finnish,  French,  German,  Greek,  Hungarian,  Irish,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish, 

Portuguese,  Romanian,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  text  being  equally 

authentic,  shall  be  deposited  in  the  archives  of  the  Government  of  the  Italian  Republic,  which  shall 

transmit  a  certified  copy  to  each  of  the  governments  of  the  other  Member  States. 

Once  the  Republic  of  Croatia  has  become  bound  by  this  Protocol  pursuant  to  Article  2  of  the  Act 

concerning  the  conditions  of  accession  of  the  Republic  of  Croatia,  the  Croatian  text  of  this  Protocol, 

which  shall  be  equally  authentic  to  the  texts  referred  to  in  the  first  paragraph,  shall  also  be  deposited 

in  the  archives  of  the  Government  of  the  Italian  Republic,  which  shall  transmit  a  certified  copy  to 

each  of  the  governments  of  the  other  Member  States.

Consolidated version of the treaty on european unionProtocols 
 
 
 
 
 4/004 C

EN 

 noinU naeporuE eht fo lanruoJ laiciffO

6102.01.82

It  does  not  affect  the  right  of  Ireland  or  any  other  Member  State  to  determine  the  nature  and  volume 
of  its  defence  and  security  expenditure  and  the  nature  of  its  defence  capabilities. 

It  will  be  a  matter  for  Ireland  or  any  other  Member  State,  to  decide,  in  accordance  with  any  domestic 
330330
legal  requirements,  whether  or  not  to  participate  in  any  military  operation. 

TITLE  IV 

FINAL PROVISIONS

Article  4 

This  Protocol  shall  remain  open  for  signature  by  the  High  Contracting  Parties  until  30  June  2012. 

This  Protocol  shall  be  ratified  by  the  High  Contracting  Parties,  and  by  the  Republic  of  Croatia  in  the 
event  that  this  Protocol  has  not  entered  into  force  by  the  date  of  accession  of  the  Republic  of  Croatia 
to  the  European  Union,  in  accordance  with  their  respective  constitutional  requirements.  The 
instruments  of  ratification  shall  be  deposited  with  the  Government  of  the  Italian  Republic. 

This  Protocol  shall  enter  into  force  if  possible  on  30  June  2013,  provided  that  all  the  instruments  of 
ratification  have  been  deposited,  or,  failing  that,  on  the  first  day  of  the  month  following  the  deposit 
of  the  instrument  of  ratification  by  the  last  Member  State  to  take  this  step. 

Article  5 

This Protocol, drawn  up in  a  single  original in  the Bulgarian, Czech, Danish, Dutch, English, Estonian, 
Finnish,  French,  German,  Greek,  Hungarian,  Irish,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish, 
Portuguese,  Romanian,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  text  being  equally 
authentic,  shall  be  deposited  in  the  archives  of  the  Government  of  the  Italian  Republic,  which  shall 
transmit  a  certified  copy  to  each  of  the  governments  of  the  other  Member  States. 

Once  the  Republic  of  Croatia  has  become  bound  by  this  Protocol  pursuant  to  Article  2  of  the  Act 
concerning  the  conditions  of  accession  of  the  Republic  of  Croatia,  the  Croatian  text  of  this  Protocol, 
which  shall  be  equally  authentic  to  the  texts  referred  to  in  the  first  paragraph,  shall  also  be  deposited 
in  the  archives  of  the  Government  of  the  Italian  Republic,  which  shall  transmit  a  certified  copy  to 
each  of  the  governments  of  the  other  Member  States.

Consolidated TreatiesConsolidated Treaties 
 
 
7.6.2016 

EN 

Official Journal of the European Union 

C  202/329

ANNEXES  TO  THE  TREATY  ON  THE  FUNCTIONING 
OF  THE  EUROPEAN  UNION

 
7.6.2016 

EN 

Official Journal of the European Union 

C  202/331
333333

ANNEX  I 

LIST  REFERRED TO  IN  ARTICLE  38  OF THE  TREATY  ON  THE  FUNCTIONING  OF THE 
EUROPEAN  UNION 

(1) 

No  in  the  Brussels 
nomenclature 

(2) 

Description  of  products 

Chapter  1 

Live  animals 

Chapter  2 

Meat  and  edible  meat  offal 

Chapter  3 

Fish,  crustaceans  and  molluscs 

Chapter  4 

Dairy  produce;  birds'  eggs;  natural  honey 

Chapter  5 

05.04 

05.15 

Chapter  6 

Guts,  bladders  and  stomachs  of  animals  (other  than  fish),  whole  and 
pieces  thereof 

Animal  products  not  elsewhere  specified  or  included;  dead  animals  of 
Chapter  1  or  Chapter  3,  unfit  for  human  consumption 

Live  trees  and  other  plants;  bulbs,  roots  and  the  like;  cut  flowers  and 
ornamental  foliage 

Chapter  7 

Edible  vegetables  and  certain  roots  and  tubers 

Chapter  8 

Edible  fruit  and  nuts;  peel  of  melons  or  citrus  fruit 

Chapter  9 

Coffee,  tea  and  spices,  excluding  maté  (heading  No  09.03) 

Chapter  10 

Cereals 

Chapter  11 

Products  of  the  milling  industry;  malt  and  starches;  gluten;  inulin 

Chapter  12 

Chapter  13 

Oil  seeds  and  oleaginous  fruit;  miscellaneous  grains,  seeds  and  fruit; 
industrial  and  medical  plants;  straw  and  fodder 

ex  13.03 

Pectin 

Chapter  15 

15.01 

15.02 

15.03 

15.04 

15.07 

Lard  and  other  rendered  pig  fat;  rendered  poultry  fat 

Unrendered  fats  of  bovine  cattle,  sheep  or  goats;  tallow  (including 
"premier  jus")  produced  from  those  fats 

Lard  stearin,  oleostearin  and  tallow  stearin;  lard  oil,  oleo-oil  and  tallow 
oil,  not  emulsified  or  mixed  or  prepared  in  any  way 

Fats  and  oil,  of  fish  and  marine  mammals,  whether  or  not  refined 

Fixed  vegetable  oils,  fluid  or  solid,  crude,  refined  or  purified

Consolidated version of the treaty on european unionAnnexes 
C  202/332 
334334

EN 

Official Journal of the European Union 

7.6.2016

(1) 

No  in  the  Brussels 
nomenclature 

15.12 

15.13 

15.17 

(2) 

Description  of  products 

Animal  or  vegetable  fats  and  oils,  hydrogenated,  whether  or  not 
refined,  but  not  further  prepared 

Margarine,  imitation  lard  and  other  prepared  edible  fats 

Residues  resulting  from  the  treatment  of  fatty  substances  or  animal  or 
vegetable  waxes 

Chapter  16 

Preparations  of  meat,  of  fish,  of  crustaceans  or  molluscs 

Chapter  17 

17.01 

17.02 

17.03 

17.05 (*) 

Chapter  18 

18.01 

18.02 

Beet  sugar  and  cane  sugar,  solid 

Other  sugars; sugar  syrups; artificial honey  (whether or  not  mixed  with 
natural  honey);  caramel 

Molasses,  whether  or  not  decolourised 

Flavoured  or  coloured  sugars,  syrups  and  molasses  (including  vanilla 
sugar  or  vanillin),  with  the  exception  of  fruit  juice  containing  added 
sugar  in  any  proportion 

Cocoa  beans,  whole  or  broken,  raw  or  roasted 

Cocoa  shells,  husks,  skins  and  waste 

Chapter  20 

Preparations  of  vegetables,  fruit  or  other  parts  of  plants 

Chapter  22 

22.04 

22.05 

22.07 

ex  22.08 (*) 
ex  22.09 (*) 

Grape  must,  in  fermentation  or  with  fermentation  arrested  otherwise 
than  by  the  addition  of  alcohol 

Wine  of  fresh  grapes;  grape  must  with  fermentation  arrested  by  the 
addition  of  alcohol 

Other  fermented  beverages  (for  example,  cider,  perry  and  mead) 

Ethyl  alcohol  or  neutral  spirits,  whether  or  not  denatured,  of  any 
strength,  obtained  from  agricultural  products 
in  Annex  I, 
excluding  liqueurs  and  other  spirituous  beverages  and  compound 
alcoholic  preparations  (known  as  "concentrated  extracts")  for  the 
manufacture  of  beverages 

listed 

22.10 (*) 

Vinegar  and  substitutes  for  vinegar 

Chapter  23 

Residues  and  waste  from  the  food  industries;  prepared  animal  fodder 

Chapter  24 

24.01 

Unmanufactured  tobacco,  tobacco  refuse

Consolidated TreatiesConsolidated Treaties 
C  202/332 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/333
335335

(1) 

No  in  the  Brussels 
nomenclature 

Chapter  45 

(2) 

Description  of  products 

45.01 

Natural  cork,  unworked,  crushed,  granulated  or  ground;  waste  cork 

Chapter  54 

54.01 

Chapter  57 

57.01 

Flax,  raw  or  processed  but  not  spun;  flax  tow  and  waste  (including 
pulled  or  garnetted  rags) 

True  hemp  (Cannabis  sativa),  raw  or  processed  but  not  spun;  tow  and 
waste  of  true  hemp  (including  pulled  or  garnetted  rags  or  ropes) 

(*)  Entry  added  by  Article  1  of  Regulation  No  7a  of  the  Council  of  the  European  Economic 

Community  of  18  December  1959  (OJ  No  7,  30.1.1961,  p.  71/61).

15.12 

15.13 

15.17 

Chapter  17 

17.01 

17.02 

17.03 

17.05 (*) 

Chapter  18 

18.01 

18.02 

Chapter  22 

22.04 

22.05 

22.07 

ex  22.08 (*) 

ex  22.09 (*) 

(1) 

No  in  the  Brussels 

nomenclature 

(2) 

Description  of  products 

Animal  or  vegetable  fats  and  oils,  hydrogenated,  whether  or  not 

refined,  but  not  further  prepared 

Margarine,  imitation  lard  and  other  prepared  edible  fats 

Residues  resulting  from  the  treatment  of  fatty  substances  or  animal  or 

vegetable  waxes 

Chapter  16 

Preparations  of  meat,  of  fish,  of  crustaceans  or  molluscs 

Beet  sugar  and  cane  sugar,  solid 

Other  sugars; sugar  syrups; artificial honey  (whether or  not  mixed  with 

natural  honey);  caramel 

Molasses,  whether  or  not  decolourised 

Flavoured  or  coloured  sugars,  syrups  and  molasses  (including  vanilla 

sugar  or  vanillin),  with  the  exception  of  fruit  juice  containing  added 

sugar  in  any  proportion 

Cocoa  beans,  whole  or  broken,  raw  or  roasted 

Cocoa  shells,  husks,  skins  and  waste 

Chapter  20 

Preparations  of  vegetables,  fruit  or  other  parts  of  plants 

Grape  must,  in  fermentation  or  with  fermentation  arrested  otherwise 

than  by  the  addition  of  alcohol 

Wine  of  fresh  grapes;  grape  must  with  fermentation  arrested  by  the 

addition  of  alcohol 

Other  fermented  beverages  (for  example,  cider,  perry  and  mead) 

Ethyl  alcohol  or  neutral  spirits,  whether  or  not  denatured,  of  any 

strength,  obtained  from  agricultural  products 

listed 

in  Annex  I, 

excluding  liqueurs  and  other  spirituous  beverages  and  compound 

alcoholic  preparations  (known  as  "concentrated  extracts")  for  the 

manufacture  of  beverages 

22.10 (*) 

Vinegar  and  substitutes  for  vinegar 

Chapter  23 

Residues  and  waste  from  the  food  industries;  prepared  animal  fodder 

Chapter  24 

24.01 

Unmanufactured  tobacco,  tobacco  refuse

Consolidated version of the treaty on european unionAnnexes 
 
C  202/334 
336336

EN 

Official Journal of the European Union 

7.6.2016

ANNEX  II 

OVERSEAS  COUNTRIES  AND  TERRITORIES  TO  WHICH  THE  PROVISIONS  OF  PART 
FOUR  OF  THE  TREATY  ON  THE  FUNCTIONING  OF  THE  EUROPEAN  UNION  APPLY 

—  Greenland, 

—  New  Caledonia  and  Dependencies, 

—  French  Polynesia, 

—  French  Southern  and  Antarctic  Territories, 

—  Wallis  and  Futuna  Islands, 

—  Saint  Pierre  and  Miquelon, 

—  Saint-Barthélemy, 

—  Aruba, 

—  Netherlands  Antilles: 

—  Bonaire, 

—  Curaçao, 

—  Saba, 

—  Sint  Eustatius, 

—  Sint  Maarten, 

—  Anguilla, 

—  Cayman  Islands, 

—  Falkland  Islands, 

—  South  Georgia  and  the  South  Sandwich  Islands, 

—  Montserrat, 

—  Pitcairn, 

—  Saint  Helena  and  Dependencies, 

—  British  Antarctic  Territory, 

—  British  Indian  Ocean  Territory, 

—  Turks  and  Caicos  Islands, 

—  British  Virgin  Islands, 

—  Bermuda.

Consolidated TreatiesConsolidated Treaties 
C  202/334 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/335

ANNEX  II 

OVERSEAS  COUNTRIES  AND  TERRITORIES  TO  WHICH  THE  PROVISIONS  OF  PART 

FOUR  OF  THE  TREATY  ON  THE  FUNCTIONING  OF  THE  EUROPEAN  UNION  APPLY 

DECLARATIONS 

ANNEXED  TO  THE  FINAL  ACT  OF  THE  INTERGOVERNMENTAL  CONFERENCE 
WHICH  ADOPTED  THE  TREATY  OF  LISBON, 

signed  on  13  December  2007

—  Greenland, 

—  New  Caledonia  and  Dependencies, 

—  French  Polynesia, 

—  French  Southern  and  Antarctic  Territories, 

—  Wallis  and  Futuna  Islands, 

—  Saint  Pierre  and  Miquelon, 

—  Saint-Barthélemy, 

—  Aruba, 

—  Netherlands  Antilles: 

—  Bonaire, 

—  Curaçao, 

—  Saba, 

—  Sint  Eustatius, 

—  Sint  Maarten, 

—  Anguilla, 

—  Cayman  Islands, 

—  Falkland  Islands, 

—  Montserrat, 

—  Pitcairn, 

—  Saint  Helena  and  Dependencies, 

—  British  Antarctic  Territory, 

—  British  Indian  Ocean  Territory, 

—  Turks  and  Caicos  Islands, 

—  British  Virgin  Islands, 

—  Bermuda.

—  South  Georgia  and  the  South  Sandwich  Islands, 

 
 
7.6.2016 

EN 

Official Journal of the European Union 

C  202/337
339339

A.  DECLARATIONS  CONCERNING  PROVISIONS  OF  THE  TREATIES 

1.  Declaration  concerning  the  Charter  of  Fundamental  Rights  of  the 
European  Union 

The  Charter  of  Fundamental  Rights  of  the  European  Union,  which  has  legally  binding  force,  confirms 
the  fundamental  rights  guaranteed  by  the  European  Convention  for  the  Protection  of  Human  Rights 
and  Fundamental  Freedoms  and  as  they  result  from  the  constitutional  traditions  common  to  the 
Member  States. 

The  Charter  does  not  extend  the  field  of  application  of  Union  law  beyond  the  powers  of  the  Union 
or  establish  any  new  power  or  task  for  the  Union,  or  modify  powers  and  tasks  as  defined  by  the 
Treaties. 

2.  Declaration  on  Article  6(2)  of  the  Treaty  on  European  Union 

The  Conference  agrees  that  the  Union's  accession  to  the  European  Convention  for  the  Protection  of 
Human  Rights  and  Fundamental  Freedoms  should  be  arranged  in  such  a  way  as  to  preserve  the 
specific  features  of  Union  law.  In  this  connection,  the  Conference  notes  the  existence  of  a  regular 
dialogue  between  the  Court  of  Justice  of  the  European  Union  and  the  European  Court  of  Human 
Rights;  such  dialogue  could  be  reinforced  when  the  Union  accedes  to  that  Convention. 

3.  Declaration  on  Article  8  of  the  Treaty  on  European  Union 

The  Union  will  take  into  account  the  particular  situation  of  small-sized  countries  which  maintain 
specific  relations  of  proximity  with  it. 

4.  Declaration  on  the  composition  of  the  European  Parliament 

The  additional  seat  in  the  European  Parliament  will  be  attributed  to  Italy. 

5.  Declaration  on  the  political  agreement  by  the  European  Council 
concerning  the  draft  Decision  on  the  composition  of  the  European 
Parliament 

The  European  Council  will  give  its  political  agreement  on  the  revised  draft  Decision  on  the 
composition  of  the  European  Parliament  for  the  legislative  period  2009-2014,  based  on  the 
proposal  from  the  European  Parliament.

Consolidated version of the treaty on european unionDeclarations 
C  202/338 
340340

EN 

Official Journal of the European Union 

7.6.2016

6.  Declaration  on  Article  15(5)  and  (6),  Article  17(6)  and  (7)  and 
Article  18  of  the  Treaty  on  European  Union 

In  choosing  the  persons  called  upon  to  hold  the  offices  of  President  of  the  European  Council, 
President  of  the  Commission  and  High  Representative  of  the  Union  for  Foreign  Affairs  and 
Security  Policy,  due  account  is  to  be  taken  of  the  need  to  respect  the  geographical  and  demographic 
diversity  of  the  Union  and  its  Member  States. 

7.  Declaration  on  Article  16(4)  of  the  Treaty  on  European  Union  and 
Article  238(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union 

The  Conference  declares  that  the  decision  relating  to  the  implementation  of  Article  16(4)  of  the 
Treaty  on  European  Union  and  Article  238(2)  of  the  Treaty  on  the  Functioning  of  the  European 
Union  will  be  adopted  by  the  Council  on  the  date  of  the  signature  of  the  Treaty  of  Lisbon  and  will 
enter  into  force  on  the  day  that  Treaty  enters  into  force.  The  draft  decision  is  set  out  below: 

Draft  Decision  of  the  Council 

relating  to  the  implementation  of  Article  16(4)  of  the  Treaty  on  European 
Union  and  Article  238(2)  of  the  Treaty  on  the  Functioning  of  the  European 
Union  between  1  November  2014  and  31  March  2017  on  the  one  hand,  and 
as  from  1  April  2017  on  the  other 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Whereas: 

(1)  Provisions  should  be  adopted  allowing  for  a  smooth  transition  from  the  system  for  decision- 
making  in  the  Council  by  a  qualified  majority  as  defined  in  Article  3(3)  of  the  Protocol  on  the 
transitional  provisions,  which  will  continue  to  apply  until  31  October  2014,  to  the  voting 
system  provided  for  in  Article  16(4)  of  the  Treaty  on  European  Union  and  Article  238(2)  of 
the  Treaty  on  the  Functioning  of  the  European  Union,  which  will  apply  with  effect  from 
1  November  2014,  including,  during  a  transitional  period  until  31  March  2017,  specific 
provisions  laid  down  in  Article  3(2)  of  that  Protocol. 

(2) 

It  is  recalled  that  it  is  the  practice  of  the  Council  to  devote  every  effort  to  strengthening  the 
democratic  legitimacy  of  decisions  taken  by  a  qualified  majority,

Consolidated TreatiesConsolidated Treaties 
C  202/338 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/339
341341

6.  Declaration  on  Article  15(5)  and  (6),  Article  17(6)  and  (7)  and 

HAS  DECIDED  AS  FOLLOWS: 

Article  18  of  the  Treaty  on  European  Union 

In  choosing  the  persons  called  upon  to  hold  the  offices  of  President  of  the  European  Council, 

President  of  the  Commission  and  High  Representative  of  the  Union  for  Foreign  Affairs  and 

Security  Policy,  due  account  is  to  be  taken  of  the  need  to  respect  the  geographical  and  demographic 

diversity  of  the  Union  and  its  Member  States. 

Provisions  to  be  applied  from  1  November  2014  to  31  March  2017 

Section  1 

From  1  November  2014  to  31  March  2017,  if  members  of  the  Council,  representing: 

Article  1 

7.  Declaration  on  Article  16(4)  of  the  Treaty  on  European  Union  and 

Article  238(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union 

(a)  at  least  three  quarters  of  the  population,  or 

The  Conference  declares  that  the  decision  relating  to  the  implementation  of  Article  16(4)  of  the 

Treaty  on  European  Union  and  Article  238(2)  of  the  Treaty  on  the  Functioning  of  the  European 

Union  will  be  adopted  by  the  Council  on  the  date  of  the  signature  of  the  Treaty  of  Lisbon  and  will 

enter  into  force  on  the  day  that  Treaty  enters  into  force.  The  draft  decision  is  set  out  below: 

Draft  Decision  of  the  Council 

relating  to  the  implementation  of  Article  16(4)  of  the  Treaty  on  European 

Union  and  Article  238(2)  of  the  Treaty  on  the  Functioning  of  the  European 

Union  between  1  November  2014  and  31  March  2017  on  the  one  hand,  and 

as  from  1  April  2017  on  the  other 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Whereas: 

(b)  at  least  three  quarters  of  the  number  of  Member  States 

necessary  to  constitute  a  blocking  minority  resulting  from  the  application  of  Article  16(4),  first 
subparagraph,  of  the  Treaty  on  European  Union  or  Article  238(2)  of  the  Treaty  on  the  Functioning 
of  the  European  Union,  indicate  their  opposition  to  the  Council  adopting  an  act  by  a  qualified 
majority,  the  Council  shall  discuss  the  issue. 

The  Council  shall,  in  the  course  of  these  discussions,  do  all  in  its  power  to  reach, within  a  reasonable 
time  and  without  prejudicing  obligatory  time  limits  laid  down  by  Union  law,  a  satisfactory  solution 
to  address  concerns  raised  by  the  members  of  the  Council  referred  to  in  Article  1. 

Article  2 

Article  3 

To  this  end,  the  President  of  the  Council,  with  the  assistance  of  the  Commission  and  in  compliance 
with  the  Rules  of  Procedure  of  the  Council,  shall  undertake  any  initiative  necessary  to  facilitate  a 
wider  basis  of  agreement  in  the  Council.  The  members  of  the  Council  shall  lend  him  or  her  their 
assistance. 

(1)  Provisions  should  be  adopted  allowing  for  a  smooth  transition  from  the  system  for  decision- 

making  in  the  Council  by  a  qualified  majority  as  defined  in  Article  3(3)  of  the  Protocol  on  the 

transitional  provisions,  which  will  continue  to  apply  until  31  October  2014,  to  the  voting 

system  provided  for  in  Article  16(4)  of  the  Treaty  on  European  Union  and  Article  238(2)  of 

the  Treaty  on  the  Functioning  of  the  European  Union,  which  will  apply  with  effect  from 

1  November  2014,  including,  during  a  transitional  period  until  31  March  2017,  specific 

provisions  laid  down  in  Article  3(2)  of  that  Protocol. 

Section  2 

Provisions  to  be  applied  as  from  1  April  2017 

As  from  1  April  2017,  if  members  of  the  Council,  representing: 

Article  4 

(a)  at  least  55 %  of  the  population,  or 

(2) 

It  is  recalled  that  it  is  the  practice  of  the  Council  to  devote  every  effort  to  strengthening  the 

democratic  legitimacy  of  decisions  taken  by  a  qualified  majority,

(b)  at  least  55 %  of  the  number  of  Member  States

Consolidated version of the treaty on european unionDeclarations 
 
C  202/340 
342342

EN 

Official Journal of the European Union 

7.6.2016

necessary  to  constitute  a  blocking  minority  resulting  from  the  application  of  Article  16(4),  first 
subparagraph,  of  the  Treaty  on  European  Union  or  Article  238(2)  of  the  Treaty  on  the  Functioning 
of  the  European  Union,  indicate  their  opposition  to  the  Council  adopting  an  act  by  a  qualified 
majority,  the  Council  shall  discuss  the  issue. 

The  Council  shall,  in  the  course  of  these  discussions,  do  all  in  its  power  to  reach, within  a  reasonable 
time  and  without  prejudicing  obligatory  time  limits  laid  down  by  Union  law,  a  satisfactory  solution 
to  address  concerns  raised  by  the  members  of  the  Council  referred  to  in  Article  4. 

Article  5 

Article  6 

To  this  end,  the  President  of  the  Council,  with  the  assistance  of  the  Commission  and  in  compliance 
with  the  Rules  of  Procedure  of  the  Council,  shall  undertake  any  initiative  necessary  to  facilitate  a 
wider  basis  of  agreement  in  the  Council.  The  members  of  the  Council  shall  lend  him  or  her  their 
assistance. 

Section  3 

Entry  into  force 

Article  7 

This  Decision  shall  enter  into  force  on  the  date  of  the  entry  into  force  of  the  Treaty  of  Lisbon. 

8.  Declaration  on  practical  measures  to  be  taken  upon  the  entry  into  force 
of  the  Treaty  of  Lisbon  as  regards  the  Presidency  of  the  European  Council 
and  of  the  Foreign  Affairs  Council 

In  the  event  that  the  Treaty  of  Lisbon  enters  into  force  later  than  1  January  2009,  the  Conference 
requests  the  competent  authorities  of  the  Member  State  holding  the  six-monthly  Presidency  of  the 
Council  at  that  time,  on  the  one  hand,  and  the  person  elected  President  of  the  European  Council  and 
the  person  appointed  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy,  on 
the  other  hand,  to  take  the  necessary  specific  measures,  in  consultation  with  the  following  six- 
monthly  Presidency,  to  allow  an  efficient  handover  of  the  material  and  organisational  aspects  of 
the  Presidency  of  the  European  Council  and  of  the  Foreign  Affairs  Council.

Consolidated TreatiesConsolidated Treaties 
C  202/340 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/341
343343

necessary  to  constitute  a  blocking  minority  resulting  from  the  application  of  Article  16(4),  first 

subparagraph,  of  the  Treaty  on  European  Union  or  Article  238(2)  of  the  Treaty  on  the  Functioning 

of  the  European  Union,  indicate  their  opposition  to  the  Council  adopting  an  act  by  a  qualified 

majority,  the  Council  shall  discuss  the  issue. 

9.  Declaration  on  Article  16(9)  of  the  Treaty  on  European  Union 
concerning  the  European  Council  decision  on  the  exercise  of  the 
Presidency  of  the  Council 

The  Council  shall,  in  the  course  of  these  discussions,  do  all  in  its  power  to  reach, within  a  reasonable 

time  and  without  prejudicing  obligatory  time  limits  laid  down  by  Union  law,  a  satisfactory  solution 

to  address  concerns  raised  by  the  members  of  the  Council  referred  to  in  Article  4. 

To  this  end,  the  President  of  the  Council,  with  the  assistance  of  the  Commission  and  in  compliance 

with  the  Rules  of  Procedure  of  the  Council,  shall  undertake  any  initiative  necessary  to  facilitate  a 

wider  basis  of  agreement  in  the  Council.  The  members  of  the  Council  shall  lend  him  or  her  their 

assistance. 

Article  5 

Article  6 

Section  3 

Entry  into  force 

Article  7 

This  Decision  shall  enter  into  force  on  the  date  of  the  entry  into  force  of  the  Treaty  of  Lisbon. 

The  Conference  declares  that  the  Council  should  begin  preparing  the  decision  establishing  the 
procedures  for  implementing  the  decision  on  the  exercise  of  the  Presidency  of  the  Council  as 
soon  as  the  Treaty  of  Lisbon  is  signed,  and  should  give  its  political  approval  within  six  months. 
A  draft  decision  of  the  European  Council,  which  will  be  adopted  on  the  date  of  entry  into  force  of 
the  said  Treaty,  is  set  out  below: 

Draft  decision  of  the  European  Council 

on  the  exercise  of  the  Presidency  of  the  Council 

Article  1 

1. 
The  Presidency  of  the  Council,  with  the  exception  of  the  Foreign  Affairs  configuration,  shall  be 
held  by  pre-established  groups  of  three  Member  States  for  a  period  of  18  months.  The  groups  shall 
be  made  up  on  a  basis  of  equal  rotation  among  the  Member  States,  taking  into  account  their 
diversity  and  geographical  balance  within  the  Union. 

Each  member  of  the  group  shall  in  turn  chair  for  a  six-month  period  all  configurations  of  the 
2. 
Council,  with  the  exception  of  the  Foreign  Affairs  configuration.  The  other  members  of  the  group 
shall  assist  the  Chair  in  all  its  responsibilities  on  the  basis  of  a  common  programme.  Members  of  the 
team  may  decide  alternative  arrangements  among  themselves. 

The  Committee  of  Permanent  Representatives  of  the  Governments  of  the  Member  States  shall  be 
chaired  by  a  representative  of  the  Member  State  chairing  the  General  Affairs  Council. 

Article  2 

The  Chair  of  the  Political  and  Security  Committee  shall  be  held  by  a  representative  of  the  High 
Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy. 

8.  Declaration  on  practical  measures  to  be  taken  upon  the  entry  into  force 

of  the  Treaty  of  Lisbon  as  regards  the  Presidency  of  the  European  Council 

and  of  the  Foreign  Affairs  Council 

The  chair  of  the  preparatory  bodies  of  the  various  Council  configurations,  with  the  exception  of  the 
Foreign  Affairs  configuration,  shall  fall  to  the  member  of  the  group  chairing  the  relevant  configur­
ation,  unless  decided  otherwise  in  accordance  with  Article  4. 

In  the  event  that  the  Treaty  of  Lisbon  enters  into  force  later  than  1  January  2009,  the  Conference 

requests  the  competent  authorities  of  the  Member  State  holding  the  six-monthly  Presidency  of  the 

Council  at  that  time,  on  the  one  hand,  and  the  person  elected  President  of  the  European  Council  and 

the  person  appointed  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy,  on 

the  other  hand,  to  take  the  necessary  specific  measures,  in  consultation  with  the  following  six- 

monthly  Presidency,  to  allow  an  efficient  handover  of  the  material  and  organisational  aspects  of 

the  Presidency  of  the  European  Council  and  of  the  Foreign  Affairs  Council.

Article  3 

The  General  Affairs  Council  shall  ensure  consistency  and  continuity  in  the  work  of  the  different 
Council  configurations  in  the  framework  of  multiannual  programmes  in  cooperation  with  the 
Commission.  The  Member  States  holding  the  Presidency  shall  take  all  necessary  measures  for  the 
organisation  and  smooth  operation  of  the  Council's  work,  with  the  assistance  of  the  General  Secre­
tariat  of  the  Council.

Consolidated version of the treaty on european unionDeclarations 
 
C  202/342 
344344

EN 

Official Journal of the European Union 

7.6.2016

The  Council  shall  adopt  a  decision  establishing  the  measures  for  the  implementation  of  this  decision. 

Article  4 

10.  Declaration  on  Article  17  of  the  Treaty  on  European  Union 

The  Conference  considers  that  when  the  Commission  no  longer  includes  nationals  of  all  Member 
States,  the  Commission  should  pay  particular  attention  to  the  need  to  ensure  full  transparency  in 
relations  with  all  Member  States.  Accordingly,  the  Commission  should  liaise  closely  with  all  Member 
States,  whether  or  not  they  have  a  national  serving  as  member  of  the  Commission,  and  in  this 
context  pay  special  attention  to  the  need  to  share  information  and  consult  with  all  Member  States. 

The  Conference  also  considers  that  the  Commission  should  take  all  the  necessary  measures  to  ensure 
that  political,  social  and  economic  realities  in  all  Member  States,  including  those  which  have  no 
national  serving  as  member  of  the  Commission,  are  fully  taken  into  account.  These  measures  should 
include  ensuring  that  the  position  of  those  Member  States  is  addressed  by  appropriate  organisational 
arrangements. 

11.  Declaration  on  Article  17(6)  and  (7)  of  the  Treaty  on  European  Union 

The  Conference  considers  that,  in  accordance  with  the  provisions  of  the  Treaties,  the  European 
Parliament  and  the  European  Council  are  jointly  responsible  for  the  smooth  running  of  the 
process  leading  to  the  election  of  the  President  of  the  European  Commission.  Prior  to  the 
decision  of  the  European  Council,  representatives  of  the  European  Parliament  and  of  the  European 
Council  will  thus  conduct  the  necessary  consultations  in  the  framework  deemed  the  most  appro­
priate.  These  consultations  will  focus  on  the  backgrounds  of  the  candidates  for  President  of  the 
Commission,  taking  account  of  the  elections  to  the  European  Parliament,  in  accordance  with  the  first 
subparagraph  of  Article  17(7).  The  arrangements  for  such  consultations  may  be  determined,  in  due 
course,  by  common  accord  between  the  European  Parliament  and  the  European  Council. 

12.  Declaration  on  Article  18  of  the  Treaty  on  European  Union 

1. 
The  Conference  declares  that,  in  the  course  of  the  preparatory  work  preceding  the  appointment 
of  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  which  is  due  to  take 
place  on  the  date  of  entry  into  force  of  the  Treaty  of  Lisbon  in  accordance  with  Article  18  of  the 
Treaty  on  European  Union  and  Article  5  of  the  Protocol  on  transitional  provisions  and  whose  term 
of  office  will  be  from  that  date  until  the  end  of  the  term  of  office  of  the  Commission  in  office  on 
that  date,  appropriate  contacts  will  be  made  with  the  European  Parliament. 

2. 
Furthermore,  the  Conference  recalls  that,  as  regards  the  High  Representative  of  the  Union  for 
Foreign  Affairs  and  Security  Policy  whose  term  of  office  will  start  in  November  2009  at  the  same 
time  and  for  the  same  duration  as  the  next  Commission,  he  or  she  will  be  appointed  in  accordance 
with  the  provisions  of  Articles  17  and  18  of  the  Treaty  on  European  Union.

Consolidated TreatiesConsolidated Treaties 
C  202/342 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/343
345345

The  Council  shall  adopt  a  decision  establishing  the  measures  for  the  implementation  of  this  decision. 

Article  4 

13.  Declaration  concerning  the  common  foreign  and  security  policy 

The  Conference  underlines  that  the  provisions  in  the  Treaty  on  European  Union  covering  the 
Common  Foreign  and  Security  Policy,  including  the  creation  of  the  office  of  High  Representative 
of  the  Union  for  Foreign  Affairs  and  Security  Policy  and  the  establishment  of  an  External  Action 
Service,  do  not  affect  the  responsibilities  of  the  Member  States,  as  they  currently  exist,  for  the 
formulation  and  conduct  of  their  foreign  policy  nor  of  their  national  representation  in  third 
countries  and  international  organisations. 

The  Conference  also  recalls  that  the  provisions  governing  the  Common  Security  and  Defence  Policy 
do  not  prejudice  the  specific  character  of  the  security  and  defence  policy  of  the  Member  States. 

It  stresses that  the  European Union  and  its  Member  States  will  remain  bound  by  the  provisions  of  the 
Charter  of  the  United  Nations  and,  in  particular,  by  the  primary responsibility  of  the  Security  Council 
and  of  its  Members  for  the  maintenance  of  international  peace  and  security. 

11.  Declaration  on  Article  17(6)  and  (7)  of  the  Treaty  on  European  Union 

14.  Declaration  concerning  the  common  foreign  and  security  policy 

In  addition  to  the  specific rules  and  procedures referred to  in  paragraph 1  of  Article  24  of  the  Treaty 
on  European  Union,  the  Conference  underlines  that  the  provisions  covering  the  Common  Foreign 
and  Security  Policy  including  in  relation  to  the  High  Representative  of  the  Union  for  Foreign  Affairs 
and  Security  Policy  and  the  External  Action  Service  will  not  affect  the  existing  legal  basis,  respon­
sibilities,  and  powers  of  each  Member  State  in  relation  to  the  formulation  and  conduct  of  its  foreign 
policy,  its  national  diplomatic  service,  relations  with  third  countries  and  participation  in  international 
organisations,  including  a  Member  State's  membership  of  the  Security  Council  of  the  United  Nations. 

The  Conference  also  notes  that  the  provisions  covering  the  Common  Foreign  and  Security  Policy  do 
not  give  new  powers  to  the  Commission  to  initiate  decisions  nor  do  they  increase  the  role  of  the 
European  Parliament. 

The  Conference  also  recalls  that  the  provisions  governing  the  Common  Security  and  Defence  Policy 
do  not  prejudice  the  specific  character  of  the  security  and  defence  policy  of  the  Member  States. 

10.  Declaration  on  Article  17  of  the  Treaty  on  European  Union 

The  Conference  considers  that  when  the  Commission  no  longer  includes  nationals  of  all  Member 

States,  the  Commission  should  pay  particular  attention  to  the  need  to  ensure  full  transparency  in 

relations  with  all  Member  States.  Accordingly,  the  Commission  should  liaise  closely  with  all  Member 

States,  whether  or  not  they  have  a  national  serving  as  member  of  the  Commission,  and  in  this 

context  pay  special  attention  to  the  need  to  share  information  and  consult  with  all  Member  States. 

The  Conference  also  considers  that  the  Commission  should  take  all  the  necessary  measures  to  ensure 

that  political,  social  and  economic  realities  in  all  Member  States,  including  those  which  have  no 

national  serving  as  member  of  the  Commission,  are  fully  taken  into  account.  These  measures  should 

include  ensuring  that  the  position  of  those  Member  States  is  addressed  by  appropriate  organisational 

arrangements. 

The  Conference  considers  that,  in  accordance  with  the  provisions  of  the  Treaties,  the  European 

Parliament  and  the  European  Council  are  jointly  responsible  for  the  smooth  running  of  the 

process  leading  to  the  election  of  the  President  of  the  European  Commission.  Prior  to  the 

decision  of  the  European  Council,  representatives  of  the  European  Parliament  and  of  the  European 

Council  will  thus  conduct  the  necessary  consultations  in  the  framework  deemed  the  most  appro­

priate.  These  consultations  will  focus  on  the  backgrounds  of  the  candidates  for  President  of  the 

Commission,  taking  account  of  the  elections  to  the  European  Parliament,  in  accordance  with  the  first 

subparagraph  of  Article  17(7).  The  arrangements  for  such  consultations  may  be  determined,  in  due 

course,  by  common  accord  between  the  European  Parliament  and  the  European  Council. 

12.  Declaration  on  Article  18  of  the  Treaty  on  European  Union 

1. 

The  Conference  declares  that,  in  the  course  of  the  preparatory  work  preceding  the  appointment 

of  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  which  is  due  to  take 

place  on  the  date  of  entry  into  force  of  the  Treaty  of  Lisbon  in  accordance  with  Article  18  of  the 

Treaty  on  European  Union  and  Article  5  of  the  Protocol  on  transitional  provisions  and  whose  term 

of  office  will  be  from  that  date  until  the  end  of  the  term  of  office  of  the  Commission  in  office  on 

that  date,  appropriate  contacts  will  be  made  with  the  European  Parliament. 

2. 

Furthermore,  the  Conference  recalls  that,  as  regards  the  High  Representative  of  the  Union  for 

Foreign  Affairs  and  Security  Policy  whose  term  of  office  will  start  in  November  2009  at  the  same 

time  and  for  the  same  duration  as  the  next  Commission,  he  or  she  will  be  appointed  in  accordance 

with  the  provisions  of  Articles  17  and  18  of  the  Treaty  on  European  Union.

The  Conference  declares  that,  as  soon  as  the  Treaty  of  Lisbon  is  signed,  the  Secretary-General  of  the 
Council,  High  Representative  for  the  common  foreign  and  security  policy,  the  Commission  and  the 
Member  States  should  begin  preparatory  work  on  the  European  External  Action  Service.

15.  Declaration  on  Article  27  of  the  Treaty  on  European  Union 

Consolidated version of the treaty on european unionDeclarations 
 
C  202/344 
346346

EN 

Official Journal of the European Union 

7.6.2016

16.  Declaration  on  Article  55(2)  of  the  Treaty  on  European  Union 

The  Conference  considers  that  the  possibility  of  producing  translations  of  the  Treaties  in  the 
languages  mentioned  in  Article  55(2)  contributes  to  fulfilling  the  objective  of  respecting  the 
Union's  rich  cultural  and  linguistic  diversity  as  set  forth  in  the  fourth  subparagraph  of  Article  3(3). 
In  this  context,  the  Conference  confirms  the  attachment  of  the  Union  to  the  cultural  diversity  of 
Europe  and  the  special  attention  it  will  continue  to  pay  to  these  and  other  languages. 

The  Conference  recommends  that  those  Member  States  wishing  to  avail  themselves  of  the  possibility 
recognised  in  Article  55(2)  communicate  to  the  Council,  within  six  months  from  the  date  of  the 
signature  of  the  Treaty  of  Lisbon,  the  language  or  languages  into  which  translations  of  the  Treaties 
will  be  made. 

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." " 

18.  Declaration  in  relation  to  the  delimitation  of  competences 

The  Conference  underlines  that,  in  accordance  with  the  system  of  division  of  competences  between 
the  Union  and  the  Member  States  as  provided  for  in  the  Treaty  on  European  Union  and  the  Treaty 
on  the  Functioning  of  the  European  Union,  competences  not  conferred  upon  the  Union  in  the 
Treaties  remain  with  the  Member  States.

Consolidated TreatiesConsolidated Treaties 
C  202/344 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/345
347347

16.  Declaration  on  Article  55(2)  of  the  Treaty  on  European  Union 

The  Conference  considers  that  the  possibility  of  producing  translations  of  the  Treaties  in  the 

languages  mentioned  in  Article  55(2)  contributes  to  fulfilling  the  objective  of  respecting  the 

Union's  rich  cultural  and  linguistic  diversity  as  set  forth  in  the  fourth  subparagraph  of  Article  3(3). 

In  this  context,  the  Conference  confirms  the  attachment  of  the  Union  to  the  cultural  diversity  of 

Europe  and  the  special  attention  it  will  continue  to  pay  to  these  and  other  languages. 

The  Conference  recommends  that  those  Member  States  wishing  to  avail  themselves  of  the  possibility 

recognised  in  Article  55(2)  communicate  to  the  Council,  within  six  months  from  the  date  of  the 

signature  of  the  Treaty  of  Lisbon,  the  language  or  languages  into  which  translations  of  the  Treaties 

will  be  made. 

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." " 

When  the  Treaties  confer  on  the  Union  a  competence  shared  with  the  Member  States  in  a  specific 
area,  the  Member  States  shall  exercise  their  competence  to  the  extent  that  the  Union  has  not 
exercised,  or  has  decided  to  cease  exercising,  its  competence.  The  latter  situation  arises  when  the 
relevant  EU  institutions  decide  to  repeal  a  legislative  act,  in  particular  better  to  ensure  constant 
respect  for  the  principles  of  subsidiarity  and  proportionality.  The  Council  may,  at  the  initiative  of 
one  or  several of  its  members  (representatives  of  Member  States)  and  in  accordance  with  Article  241 
of  the  Treaty  on  the  Functioning  of  the  European  Union,  request  the  Commission  to  submit 
proposals  for  repealing  a  legislative  act.  The  Conference  welcomes  the  Commission's  declaration 
that  it  will  devote  particular  attention  to  these  requests. 

Equally,  the  representatives  of  the  governments  of  the  Member  States,  meeting  in  an  Intergovern­
mental  Conference,  in  accordance  with  the  ordinary  revision  procedure  provided  for  in  Article  48(2) 
to  (5)  of  the  Treaty  on  European  Union,  may  decide  to  amend  the  Treaties  upon  which  the  Union  is 
founded,  including  either  to  increase  or  to  reduce  the  competences  conferred  on  the  Union  in  the 
said  Treaties. 

19.  Declaration  on  Article  8  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

The  Conference  agrees  that,  in  its  general  efforts  to  eliminate  inequalities  between  women  and  men, 
the  Union  will  aim  in  its  different  policies  to  combat  all  kinds  of  domestic  violence.  The  Member 
States  should  take  all  necessary  measures  to  prevent  and  punish  these  criminal  acts  and  to  support 
and  protect  the  victims. 

20.  Declaration  on  Article  16  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

The  Conference  declares  that,  whenever  rules  on  protection  of  personal  data  to  be  adopted  on  the 
basis  of  Article  16  could  have  direct  implications  for  national  security,  due  account  will  have  to  be 
taken  of  the  specific  characteristics  of  the  matter.  It  recalls  that  the  legislation  presently  applicable 
(see  in  particular  Directive  95/46/EC)  includes  specific  derogations  in  this  regard. 

18.  Declaration  in  relation  to  the  delimitation  of  competences 

21.  Declaration  on  the  protection  of  personal  data  in  the  fields  of  judicial 
cooperation  in  criminal  matters  and  police  cooperation 

The  Conference  underlines  that,  in  accordance  with  the  system  of  division  of  competences  between 

the  Union  and  the  Member  States  as  provided  for  in  the  Treaty  on  European  Union  and  the  Treaty 

on  the  Functioning  of  the  European  Union,  competences  not  conferred  upon  the  Union  in  the 

Treaties  remain  with  the  Member  States.

The  Conference  acknowledges  that  specific  rules  on  the  protection  of  personal  data  and  the  free 
movement  of  such  data  in  the  fields  of  judicial  cooperation  in  criminal  matters  and  police 
cooperation  based  on  Article  16  of  the  Treaty  on  the  Functioning  of  the  European  Union  may 
prove  necessary  because  of  the  specific  nature  of  these  fields.

Consolidated version of the treaty on european unionDeclarations 
 
C  202/346 
348348

EN 

Official Journal of the European Union 

7.6.2016

22.  Declaration  on  Articles  48  and  79  of  the  Treaty  on  the  Functioning  of 
the  European  Union 

The  Conference  considers  that  in  the  event  that  a  draft  legislative  act  based  on  Article  79(2)  would 
affect  important  aspects  of  the  social  security  system  of  a  Member  State,  including  its  scope,  cost  or 
financial  structure,  or  would  affect  the  financial  balance  of  that  system  as  set  out  in  the  second 
paragraph  of  Article  48,  the  interests  of  that  Member  State  will  be  duly  taken  into  account. 

23.  Declaration  on  the  second  paragraph  of  Article  48  of  the  Treaty  on 
the  Functioning  of  the  European  Union 

The  Conference  recalls  that  in  that  case,  in  accordance  with  Article  15(4)  of  the  Treaty  on  European 
Union,  the  European  Council  acts  by  consensus. 

24.  Declaration  concerning  the  legal  personality  of  the  European  Union 

The Conference confirms that the fact that the European Union  has a legal personality will not  in  any 
way  authorise  the  Union  to  legislate  or  to  act  beyond  the  competences  conferred  upon  it  by  the 
Member  States  in  the  Treaties. 

25.  Declaration  on  Articles  75  and  215  of  the  Treaty  on  the  Functioning 
of  the  European  Union 

The  Conference  recalls  that  the  respect  for  fundamental  rights  and  freedoms  implies,  in  particular, 
that  proper  attention  is  given  to  the  protection  and  observance  of  the  due  process  rights  of  the 
individuals  or  entities  concerned.  For  this  purpose  and  in  order  to  guarantee  a  thorough  judicial 
review  of  decisions  subjecting  an  individual  or  entity  to  restrictive  measures,  such  decisions  must  be 
based  on  clear  and  distinct  criteria. These  criteria should  be  tailored  to  the  specifics of  each  restrictive 
measure. 

26.  Declaration  on  non-participation  by  a  Member  State  in  a  measure 
based  on  Title  V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

The  Conference  declares  that,  where  a  Member  State  opts  not  to  participate  in  a  measure  based  on 
Title V  of  Part Three  of  the  Treaty  on  the  Functioning  of  the  European Union,  the  Council will hold  a 
full  discussion  on  the  possible  implications  and  effects  of  that  Member  State's  non-participation  in 
the  measure. 

In  addition,  any  Member  State  may  ask  the  Commission  to  examine  the  situation  on  the  basis  of 
Article  116  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

The  above  paragraphs  are  without  prejudice  to  the  entitlement  of  a  Member  State  to  refer  the  matter 
to  the  European  Council.

Consolidated TreatiesConsolidated Treaties 
C  202/346 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/347
349349

22.  Declaration  on  Articles  48  and  79  of  the  Treaty  on  the  Functioning  of 

the  European  Union 

27.  Declaration  on  Article  85(1),  second  subparagraph,  of  the  Treaty  on 
the  Functioning  of  the  European  Union 

The  Conference  considers  that  in  the  event  that  a  draft  legislative  act  based  on  Article  79(2)  would 

affect  important  aspects  of  the  social  security  system  of  a  Member  State,  including  its  scope,  cost  or 

financial  structure,  or  would  affect  the  financial  balance  of  that  system  as  set  out  in  the  second 

paragraph  of  Article  48,  the  interests  of  that  Member  State  will  be  duly  taken  into  account. 

The Conference considers that the regulations referred to in the second subparagraph of Article  85(1) 
of  the  Treaty  on  the  Functioning  of  the  European  Union  should  take  into  account  national  rules  and 
practices  relating  to  the  initiation  of  criminal  investigations. 

23.  Declaration  on  the  second  paragraph  of  Article  48  of  the  Treaty  on 

the  Functioning  of  the  European  Union 

The  Conference  recalls  that  in  that  case,  in  accordance  with  Article  15(4)  of  the  Treaty  on  European 

Union,  the  European  Council  acts  by  consensus. 

24.  Declaration  concerning  the  legal  personality  of  the  European  Union 

The Conference confirms that the fact that the European Union  has a legal personality will not  in  any 

way  authorise  the  Union  to  legislate  or  to  act  beyond  the  competences  conferred  upon  it  by  the 

Member  States  in  the  Treaties. 

25.  Declaration  on  Articles  75  and  215  of  the  Treaty  on  the  Functioning 

of  the  European  Union 

The  Conference  recalls  that  the  respect  for  fundamental  rights  and  freedoms  implies,  in  particular, 

that  proper  attention  is  given  to  the  protection  and  observance  of  the  due  process  rights  of  the 

individuals  or  entities  concerned.  For  this  purpose  and  in  order  to  guarantee  a  thorough  judicial 

review  of  decisions  subjecting  an  individual  or  entity  to  restrictive  measures,  such  decisions  must  be 

based  on  clear  and  distinct  criteria. These  criteria should  be  tailored  to  the  specifics of  each  restrictive 

measure. 

28.  Declaration  on  Article  98  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

The  Conference  notes  that  the  provisions  of  Article  98  shall  be  applied  in  accordance  with  the 
current  practice.  The  terms  "such  measures  are  required  in  order  to  compensate  for  the  economic 
disadvantages  caused  by  the  division  of  Germany  to  the  economy  of  certain  areas  of  the  Federal 
Republic  affected  by  that  division"  shall  be  interpreted  in  accordance  with  the  existing  case  law  of  the 
Court  of  Justice  of  the  European  Union. 

29.  Declaration  on  Article  107(2)(c)  of  the  Treaty  on  the  Functioning  of 
the  European  Union 

The  Conference  notes  that  Article  107(2)(c)  shall  be  interpreted  in  accordance  with  the  existing  case 
law  of  the  Court  of  Justice  of  the  European  Union  regarding  the  applicability  of  the  provisions  to  aid 
granted  to  certain  areas  of  the  Federal  Republic  of  Germany  affected  by  the  former  division  of 
Germany. 

30.  Declaration  on  Article  126  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

With  regard  to  Article  126,  the  Conference  confirms  that  raising  growth  potential  and  securing 
sound  budgetary  positions  are  the  two  pillars  of  the  economic  and  fiscal  policy  of  the  Union  and  the 
Member  States.  The  Stability  and  Growth  Pact  is  an  important  tool  to  achieve  these  goals. 

26.  Declaration  on  non-participation  by  a  Member  State  in  a  measure 

based  on  Title  V  of  Part  Three  of  the  Treaty  on  the  Functioning  of  the 

European  Union 

The  Conference  reaffirms  its  commitment  to  the  provisions  concerning  the  Stability  and  Growth  Pact 
as  the  framework  for  the  coordination  of  budgetary  policies  in  the  Member  States. 

The  Conference  declares  that,  where  a  Member  State  opts  not  to  participate  in  a  measure  based  on 

Title V  of  Part Three  of  the  Treaty  on  the  Functioning  of  the  European Union,  the  Council will hold  a 

full  discussion  on  the  possible  implications  and  effects  of  that  Member  State's  non-participation  in 

the  measure. 

In  addition,  any  Member  State  may  ask  the  Commission  to  examine  the  situation  on  the  basis  of 

Article  116  of  the  Treaty  on  the  Functioning  of  the  European  Union. 

The  above  paragraphs  are  without  prejudice  to  the  entitlement  of  a  Member  State  to  refer  the  matter 

to  the  European  Council.

The  Conference  confirms  that  a  rule-based  system  is  the  best  guarantee  for  commitments  to  be 
enforced  and  for  all  Member  States  to  be  treated  equally. 

Within  this  framework,  the  Conference  also  reaffirms  its  commitment  to  the  goals  of  the  Lisbon 
Strategy:  job  creation,  structural  reforms,  and  social  cohesion. 

The  Union  aims  at  achieving  balanced  economic  growth  and  price  stability.  Economic  and  budgetary 
policies  thus  need  to  set  the  right  priorities  towards  economic  reforms,  innovation,  competitiveness 
and  strengthening  of  private  investment  and  consumption  in  phases  of  weak  economic  growth.  This 
should  be  reflected  in  the  orientations  of  budgetary  decisions  at  the  national  and  Union  level  in

Consolidated version of the treaty on european unionDeclarations 
 
C  202/348 
350350

EN 

Official Journal of the European Union 

7.6.2016

particular  through  restructuring  of  public  revenue  and  expenditure  while  respecting  budgetary 
discipline  in  accordance  with  the  Treaties  and  the  Stability  and  Growth  Pact. 

Budgetary  and  economic  challenges  facing  the  Member  States  underline  the  importance  of  sound 
budgetary  policy  throughout  the  economic  cycle. 

The  Conference  agrees  that  Member  States  should  use  periods  of  economic  recovery  actively  to 
consolidate  public  finances  and  improve  their  budgetary  positions.  The  objective  is  to  gradually 
achieve  a  budgetary  surplus  in  good  times  which  creates  the  necessary  room  to  accommodate 
economic  downturns  and  thus  contribute  to  the  long-term  sustainability  of  public  finances. 

The  Member  States  look  forward  to  possible  proposals  of  the  Commission  as  well  as  further 
contributions  of  Member  States  with  regard  to  strengthening  and  clarifying  the  implementation  of 
the  Stability and  Growth Pact. The Member States will take  all necessary measures to  raise the  growth 
potential  of  their  economies.  Improved  economic  policy  coordination  could  support  this  objective. 
This  Declaration  does  not  prejudge  the  future  debate  on  the  Stability  and  Growth  Pact. 

31.  Declaration  on  Article  156  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

The  Conference  confirms  that  the  policies  described  in  Article  156  fall  essentially  within  the 
competence  of  the  Member  States.  Measures  to  provide  encouragement  and  promote  coordination 
to  be  taken  at  Union  level  in  accordance  with  this  Article  shall  be  of  a  complementary  nature.  They 
shall  serve  to  strengthen  cooperation  between  Member  States  and  not  to  harmonise  national  systems. 
The  guarantees  and  practices  existing  in  each  Member  State  as  regards  the  responsibility  of  the  social 
partners  will  not  be  affected. 

This  Declaration  is  without  prejudice  to  the  provisions  of  the  Treaties  conferring  competence  on  the 
Union,  including  in  social  matters. 

32.  Declaration  on  Article  168(4)(c)  of  the  Treaty  on  the  Functioning  of 
the  European  Union 

The  Conference  declares  that  the  measures  to  be  adopted  pursuant  to  Article  168(4)(c)  must  meet 
common  safety  concerns  and  aim  to  set  high  standards  of  quality  and  safety  where  national 
standards  affecting  the  internal  market  would  otherwise  prevent  a  high  level  of  human  health 
protection  being  achieved.

Consolidated TreatiesConsolidated Treaties 
C  202/348 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/349
351351

particular  through  restructuring  of  public  revenue  and  expenditure  while  respecting  budgetary 

discipline  in  accordance  with  the  Treaties  and  the  Stability  and  Growth  Pact. 

33.  Declaration  on  Article  174  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

Budgetary  and  economic  challenges  facing  the  Member  States  underline  the  importance  of  sound 

budgetary  policy  throughout  the  economic  cycle. 

The  Conference  agrees  that  Member  States  should  use  periods  of  economic  recovery  actively  to 

consolidate  public  finances  and  improve  their  budgetary  positions.  The  objective  is  to  gradually 

achieve  a  budgetary  surplus  in  good  times  which  creates  the  necessary  room  to  accommodate 

economic  downturns  and  thus  contribute  to  the  long-term  sustainability  of  public  finances. 

The  Member  States  look  forward  to  possible  proposals  of  the  Commission  as  well  as  further 

contributions  of  Member  States  with  regard  to  strengthening  and  clarifying  the  implementation  of 

the  Stability and  Growth Pact. The Member States will take  all necessary measures to  raise the  growth 

potential  of  their  economies.  Improved  economic  policy  coordination  could  support  this  objective. 

This  Declaration  does  not  prejudge  the  future  debate  on  the  Stability  and  Growth  Pact. 

31.  Declaration  on  Article  156  of  the  Treaty  on  the  Functioning  of  the 

European  Union 

The  Conference  confirms  that  the  policies  described  in  Article  156  fall  essentially  within  the 

competence  of  the  Member  States.  Measures  to  provide  encouragement  and  promote  coordination 

to  be  taken  at  Union  level  in  accordance  with  this  Article  shall  be  of  a  complementary  nature.  They 

shall  serve  to  strengthen  cooperation  between  Member  States  and  not  to  harmonise  national  systems. 

The  guarantees  and  practices  existing  in  each  Member  State  as  regards  the  responsibility  of  the  social 

partners  will  not  be  affected. 

This  Declaration  is  without  prejudice  to  the  provisions  of  the  Treaties  conferring  competence  on  the 

Union,  including  in  social  matters. 

The  Conference  considers  that  the  reference in  Article  174  to  island  regions  can  include  island  States 
in  their  entirety,  subject  to  the  necessary  criteria  being  met. 

34.  Declaration  on  Article  179  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

The  Conference  agrees  that  the  Union's  action  in  the  area  of  research  and  technological  development 
will  pay  due  respect  to  the  fundamental  orientations  and  choices  of  the  research  policies  of  the 
Member  States. 

35.  Declaration  on  Article  194  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

The  Conference  believes  that  Article  194  does  not  affect  the  right  of  the  Member  States  to  take  the 
necessary  measures  to  ensure  their  energy  supply  under  the  conditions  provided  for  in  Article  347. 

36.  Declaration  on  Article  218  of  the  Treaty  on  the  Functioning  of  the 
European  Union  concerning  the  negotiation  and  conclusion  of  inter­
national  agreements  by  Member  States  relating  to  the  area  of  freedom, 
security  and  justice 

The  Conference  confirms  that  Member  States  may  negotiate  and  conclude  agreements  with  third 
countries  or  international  organisations  in  the  areas covered by  Chapters 3,  4  and  5  of  Title V  of  Part 
Three  in  so  far  as  such  agreements  comply  with  Union  law. 

32.  Declaration  on  Article  168(4)(c)  of  the  Treaty  on  the  Functioning  of 

the  European  Union 

37.  Declaration  on  Article  222  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

The  Conference  declares  that  the  measures  to  be  adopted  pursuant  to  Article  168(4)(c)  must  meet 

common  safety  concerns  and  aim  to  set  high  standards  of  quality  and  safety  where  national 

standards  affecting  the  internal  market  would  otherwise  prevent  a  high  level  of  human  health 

protection  being  achieved.

Without  prejudice  to  the  measures  adopted  by  the  Union  to  comply  with  its  solidarity  obligation 
towards  a  Member  State  which  is  the  object  of  a  terrorist  attack  or  the  victim  of  natural  or  man- 
made  disaster,  none  of  the  provisions  of  Article  222  is  intended  to  affect  the  right  of  another 
Member  State  to  choose  the  most  appropriate  means  to  comply  with  its  own  solidarity  obligation 
towards  that  Member  State.

Consolidated version of the treaty on european unionDeclarations 
 
C  202/350 
352352

EN 

Official Journal of the European Union 

7.6.2016

38.  Declaration  on  Article  252  of  the  Treaty  on  the  Functioning  of  the 
European  Union  regarding  the  number  of  Advocates-General  in  the  Court 
of  Justice 

The  Conference  declares  that  if,  in  accordance  with  Article  252,  first  paragraph,  of  the  Treaty  on  the 
Functioning  of  the  European  Union,  the  Court  of  Justice  requests  that  the  number  of  Advocates- 
General be  increased  by three  (eleven  instead  of  eight), the  Council  will, acting unanimously, agree on 
such  an  increase. 

In  that  case,  the  Conference  agrees  that  Poland  will,  as  is  already  the  case  for  Germany,  France,  Italy, 
Spain  and  the  United  Kingdom,  have  a  permanent  Advocate-General  and  no  longer  take  part  in  the 
rotation  system,  while  the  existing  rotation  system  will  involve  the  rotation  of  five  Advocates-General 
instead  of  three. 

39.  Declaration  on  Article  290  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

The  Conference  takes  note  of  the  Commission's  intention  to  continue  to  consult  experts  appointed 
by  the  Member  States  in  the  preparation  of  draft  delegated  acts  in  the  financial  services  area,  in 
accordance  with  its  established  practice. 

40.  Declaration  on  Article  329  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

The  Conference  declares  that  Member  States  may  indicate,  when  they  make  a  request  to  establish 
enhanced  cooperation,  if  they  intend  already  at  that  stage  to  make  use  of  Article  333  providing  for 
the  extension  of  qualified  majority  voting  or  to  have  recourse  to  the  ordinary  legislative  procedure. 

41.  Declaration  on  Article  352  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

The  Conference  declares  that  the  reference  in  Article  352(1)  of  the  Treaty  on  the  Functioning  of  the 
European  Union  to  objectives  of  the  Union  refers  to  the  objectives  as  set  out  in  Article  3(2)  and  (3) 
of  the  Treaty on  European  Union  and  to  the  objectives  of  Article  3(5)  of  the  said  Treaty with  respect 
to  external  action  under  Part  Five  of  the  Treaty  on  the  Functioning  of  the  European  Union.  It  is 
therefore  excluded  that  an  action  based  on  Article  352  of  the  Treaty  on  the  Functioning  of  the 
European  Union  would  only  pursue  objectives  set  out  in  Article  3(1)  of  the  Treaty  on  European 
Union.  In  this  connection,  the  Conference  notes  that  in  accordance  with  Article  31(1)  of  the  Treaty 
on  European  Union,  legislative  acts  may  not  be  adopted  in  the  area  of  the  Common  Foreign  and 
Security  Policy.

Consolidated TreatiesConsolidated Treaties 
C  202/350 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/351
353353

38.  Declaration  on  Article  252  of  the  Treaty  on  the  Functioning  of  the 

European  Union  regarding  the  number  of  Advocates-General  in  the  Court 

42.  Declaration  on  Article  352  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

of  Justice 

The  Conference  underlines  that,  in  accordance  with  the  settled  case  law  of  the  Court  of  Justice  of  the 
European  Union,  Article  352  of  the  Treaty  on  the  Functioning  of  the  European  Union,  being  an 
integral  part  of  an  institutional  system  based  on  the  principle  of  conferred  powers,  cannot  serve  as  a 
basis  for  widening  the  scope  of  Union  powers  beyond  the  general  framework  created  by  the 
provisions  of  the  Treaties  as  a  whole  and,  in  particular,  by  those  that  define  the  tasks  and  the 
activities  of  the  Union.  In  any  event,  this  Article  cannot  be  used  as  a  basis  for  the  adoption  of 
provisions  whose  effect  would,  in  substance,  be  to  amend  the  Treaties  without  following  the 
procedure  which  they  provide  for  that  purpose. 

43.  Declaration  on  Article  355(6)  of  the  Treaty  on  the  Functioning  of  the 
European  Union 

The  High Contracting  Parties agree  that  the  European  Council, pursuant  to  Article  355(6),  will  take  a 
decision  leading  to  the  modification  of  the  status  of  Mayotte  with  regard  to  the  Union  in  order  to 
make  this  territory  an  outermost  region  within  the  meaning  of  Article  355(1)  and  Article  349, 
when  the  French  authorities  notify  the  European  Council  and  the  Commission  that  the  evolution 
currently  under  way  in  the  internal  status  of  the  island  so  allows.

The  Conference  declares  that  if,  in  accordance  with  Article  252,  first  paragraph,  of  the  Treaty  on  the 

Functioning  of  the  European  Union,  the  Court  of  Justice  requests  that  the  number  of  Advocates- 

General be  increased  by three  (eleven  instead  of  eight), the  Council  will, acting unanimously, agree on 

such  an  increase. 

In  that  case,  the  Conference  agrees  that  Poland  will,  as  is  already  the  case  for  Germany,  France,  Italy, 

Spain  and  the  United  Kingdom,  have  a  permanent  Advocate-General  and  no  longer  take  part  in  the 

rotation  system,  while  the  existing  rotation  system  will  involve  the  rotation  of  five  Advocates-General 

instead  of  three. 

39.  Declaration  on  Article  290  of  the  Treaty  on  the  Functioning  of  the 

European  Union 

The  Conference  takes  note  of  the  Commission's  intention  to  continue  to  consult  experts  appointed 

by  the  Member  States  in  the  preparation  of  draft  delegated  acts  in  the  financial  services  area,  in 

accordance  with  its  established  practice. 

40.  Declaration  on  Article  329  of  the  Treaty  on  the  Functioning  of  the 

European  Union 

The  Conference  declares  that  Member  States  may  indicate,  when  they  make  a  request  to  establish 

enhanced  cooperation,  if  they  intend  already  at  that  stage  to  make  use  of  Article  333  providing  for 

the  extension  of  qualified  majority  voting  or  to  have  recourse  to  the  ordinary  legislative  procedure. 

41.  Declaration  on  Article  352  of  the  Treaty  on  the  Functioning  of  the 

European  Union 

The  Conference  declares  that  the  reference  in  Article  352(1)  of  the  Treaty  on  the  Functioning  of  the 

European  Union  to  objectives  of  the  Union  refers  to  the  objectives  as  set  out  in  Article  3(2)  and  (3) 

of  the  Treaty on  European  Union  and  to  the  objectives  of  Article  3(5)  of  the  said  Treaty with  respect 

to  external  action  under  Part  Five  of  the  Treaty  on  the  Functioning  of  the  European  Union.  It  is 

therefore  excluded  that  an  action  based  on  Article  352  of  the  Treaty  on  the  Functioning  of  the 

European  Union  would  only  pursue  objectives  set  out  in  Article  3(1)  of  the  Treaty  on  European 

Union.  In  this  connection,  the  Conference  notes  that  in  accordance  with  Article  31(1)  of  the  Treaty 

on  European  Union,  legislative  acts  may  not  be  adopted  in  the  area  of  the  Common  Foreign  and 

Security  Policy.

Consolidated version of the treaty on european unionDeclarations 
 
C  202/352 
354354

EN 

Official Journal of the European Union 

7.6.2016

B.  DECLARATIONS  CONCERNING  PROTOCOLS  ANNEXED  TO  THE  TREATIES 

44.  Declaration  on  Article  5  of  the  Protocol  on  the  Schengen  acquis 
integrated  into  the  framework  of  the  European  Union 

The  Conference  notes  that  where  a  Member  State  has  made  a  notification  under  Article  5(2)  of  the 
Protocol  on  the  Schengen  acquis  integrated  into  the  framework  of  the  European  Union  that  it  does 
not  wish  to  take  part  in  a  proposal  or  initiative,  that  notification  may  be  withdrawn  at  any  moment 
before  the  adoption  of  the  measure  building  upon  the  Schengen  acquis. 

45.  Declaration  on  Article  5(2)  of  the  Protocol  on  the  Schengen  acquis 
integrated  into  the  framework  of  the  European  Union 

The  Conference  declares  that  whenever  the  United  Kingdom  or  Ireland  indicates  to  the  Council  its 
intention  not  to  participate  in  a  measure  building  upon  a  part  of  the  Schengen  acquis  in  which  it 
participates,  the  Council  will  have  a  full  discussion  on  the  possible  implications  of  the  non-partici­
pation  of  that  Member  State  in  that  measure.  The  discussion  within  the  Council  should  be  conducted 
in  the  light  of  the  indications  given  by  the  Commission  concerning  the  relationship  between  the 
proposal  and  the  Schengen  acquis. 

46.  Declaration  on  Article  5(3)  of  the  Protocol  on  the  Schengen  acquis 
integrated  into  the  framework  of  the  European  Union 

The  Conference  recalls  that  if  the  Council  does  not  take  a  decision  after  a  first  substantive  discussion 
of  the  matter,  the  Commission  may  present  an  amended  proposal  for  a  further  substantive  re- 
examination  by  the  Council  within  the  deadline  of  4  months. 

47.  Declaration  on  Article  5(3),  (4)  and  (5)  of  the  Protocol  on  the 
Schengen  acquis  integrated  into  the  framework  of  the  European  Union 

The  Conference  notes  that  the  conditions  to  be  determined  in  the  decision  referred  to  in  paragraphs 
3,  4  or  5  of  Article  5  of  the  Protocol  on  the  Schengen  acquis  integrated  into  the  framework  of  the 
European  Union  may  determine  that  the  Member  State  concerned  shall  bear  the  direct  financial 
consequences,  if  any,  necessarily  and  unavoidably  incurred  as  a  result  of  the  cessation  of  its  partici­
pation  in  some  or  all  of  the  acquis  referred  to  in  any  decision  taken  by  the  Council  pursuant  to 
Article  4  of  the  said  Protocol.

Consolidated TreatiesConsolidated Treaties 
C  202/352 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/353
355355

B.  DECLARATIONS  CONCERNING  PROTOCOLS  ANNEXED  TO  THE  TREATIES 

48.  Declaration  concerning  the  Protocol  on  the  position  of  Denmark 

44.  Declaration  on  Article  5  of  the  Protocol  on  the  Schengen  acquis 

integrated  into  the  framework  of  the  European  Union 

The  Conference  notes  that  where  a  Member  State  has  made  a  notification  under  Article  5(2)  of  the 

Protocol  on  the  Schengen  acquis  integrated  into  the  framework  of  the  European  Union  that  it  does 

not  wish  to  take  part  in  a  proposal  or  initiative,  that  notification  may  be  withdrawn  at  any  moment 

before  the  adoption  of  the  measure  building  upon  the  Schengen  acquis. 

45.  Declaration  on  Article  5(2)  of  the  Protocol  on  the  Schengen  acquis 

integrated  into  the  framework  of  the  European  Union 

The  Conference  declares  that  whenever  the  United  Kingdom  or  Ireland  indicates  to  the  Council  its 

intention  not  to  participate  in  a  measure  building  upon  a  part  of  the  Schengen  acquis  in  which  it 

participates,  the  Council  will  have  a  full  discussion  on  the  possible  implications  of  the  non-partici­

pation  of  that  Member  State  in  that  measure.  The  discussion  within  the  Council  should  be  conducted 

in  the  light  of  the  indications  given  by  the  Commission  concerning  the  relationship  between  the 

proposal  and  the  Schengen  acquis. 

The  Conference  notes  that  with  respect  to  legal  acts  to  be  adopted  by  the  Council  acting  alone  or 
jointly  with  the  European  Parliament  and  containing  provisions  applicable  to  Denmark  as  well  as 
provisions  not  applicable  to  Denmark  because  they  have  a  legal  basis  to  which  Part  I  of  the  Protocol 
on  the  position  of  Denmark  applies,  Denmark  declares  that  it  will  not  use  its  voting  right  to  prevent 
the  adoption  of  the  provisions  which  are  not  applicable  to  Denmark. 

Furthermore,  the  Conference  notes  that  on  the  basis  of  the  Declaration  by  the  Conference  on 
Article  222,  Denmark  declares  that  Danish  participation  in  actions  or  legal  acts  pursuant  to 
Article  222  will  take  place  in  accordance  with  Part  I  and  Part  II  of  the  Protocol  on  the  position 
of  Denmark. 

49.  Declaration  concerning  Italy 

The  Conference  notes  that  the  Protocol  on  Italy  annexed  in  1957  to  the  Treaty  establishing  the 
European  Economic  Community,  as  amended  upon  adoption  of  the  Treaty  on  European  Union, 
stated  that: 

"THE  HIGH  CONTRACTING  PARTIES, 

DESIRING  to  settle  certain  particular  problems  relating  to  Italy, 

HAVE  AGREED  UPON  the  following  provisions,  which  shall  be  annexed  to  this  Treaty: 

46.  Declaration  on  Article  5(3)  of  the  Protocol  on  the  Schengen  acquis 

integrated  into  the  framework  of  the  European  Union 

THE  MEMBER  STATES  OF  THE  COMMUNITY 

The  Conference  recalls  that  if  the  Council  does  not  take  a  decision  after  a  first  substantive  discussion 

of  the  matter,  the  Commission  may  present  an  amended  proposal  for  a  further  substantive  re- 

examination  by  the  Council  within  the  deadline  of  4  months. 

TAKE  NOTE  of  the  fact  that  the  Italian  Government  is  carrying  out  a  ten-year  programme  of 
economic  expansion  designed  to  rectify  the  disequilibria  in  the  structure  of  the  Italian  economy, 
in  particular  by  providing  an  infrastructure  for  the  less  developed  areas  in  Southern  Italy  and  in  the 
Italian  islands  and  by  creating  new  jobs  in  order  to  eliminate  unemployment; 

47.  Declaration  on  Article  5(3),  (4)  and  (5)  of  the  Protocol  on  the 

Schengen  acquis  integrated  into  the  framework  of  the  European  Union 

The  Conference  notes  that  the  conditions  to  be  determined  in  the  decision  referred  to  in  paragraphs 

3,  4  or  5  of  Article  5  of  the  Protocol  on  the  Schengen  acquis  integrated  into  the  framework  of  the 

European  Union  may  determine  that  the  Member  State  concerned  shall  bear  the  direct  financial 

consequences,  if  any,  necessarily  and  unavoidably  incurred  as  a  result  of  the  cessation  of  its  partici­

pation  in  some  or  all  of  the  acquis  referred  to  in  any  decision  taken  by  the  Council  pursuant  to 

Article  4  of  the  said  Protocol.

RECALL  that  the  principles  and  objectives  of  this  programme  of  the  Italian  Government  have  been 
considered  and  approved  by  organisations  for  international  cooperation  of  which  the  Member  States 
are  members; 

RECOGNISE  that  it  is  in  their  common  interest  that  the  objectives  of  the  Italian  programme  should 
be  attained; 

AGREE,  in  order  to  facilitate  the  accomplishment  of  this  task  by  the  Italian  Government,  to 
recommend  to  the  institutions  of  the  Community  that  they  should  employ  all  the  methods  and 
procedures  provided  in  this  Treaty  and,  in  particular,  make  appropriate  use  of  the  resources  of  the 
European  Investment  Bank  and  the  European  Social  Fund;

Consolidated version of the treaty on european unionDeclarations 
 
C  202/354 
356356

EN 

Official Journal of the European Union 

7.6.2016

ARE  OF  THE  OPINION  that  the  institutions  of  the  Community  should,  in  applying  this  Treaty,  take 
account  of  the  sustained  effort  to  be  made  by  the  Italian  economy  in  the  coming  years  and  of  the 
desirability  of  avoiding  dangerous  stresses in  particular  within  the  balance  of  payments  or  the  level  of 
employment,  which  might  jeopardise  the  application  of  this  Treaty  in  Italy; 

RECOGNISE  that  in  the  event  of  Articles  109  H  and  109 I  being  applied  it  will  be  necessary  to  take 
care  that  any  measures  required  of  the  Italian  Government  do  not  prejudice  the  completion  of  its 
programme  for  economic  expansion  and  for  raising  the  standard  of  living  of  the  population.". 

50.  Declaration  concerning  Article  10  of  the  Protocol  on  transitional 
provisions 

The  Conference  invites  the  European  Parliament,  the  Council  and  the  Commission,  within  their 
respective  powers,  to  seek  to  adopt,  in  appropriate  cases  and  as  far  as  possible  within  the  five- 
year  period  referred  to  in  Article  10(3)  of  the  Protocol  on  transitional  provisions,  legal  acts 
amending  or  replacing  the  acts  referred  to  in  Article  10(1)  of  that  Protocol.

Consolidated TreatiesConsolidated Treaties 
C  202/354 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/355
357357

ARE  OF  THE  OPINION  that  the  institutions  of  the  Community  should,  in  applying  this  Treaty,  take 

account  of  the  sustained  effort  to  be  made  by  the  Italian  economy  in  the  coming  years  and  of  the 

desirability  of  avoiding  dangerous  stresses in  particular  within  the  balance  of  payments  or  the  level  of 

employment,  which  might  jeopardise  the  application  of  this  Treaty  in  Italy; 

RECOGNISE  that  in  the  event  of  Articles  109  H  and  109 I  being  applied  it  will  be  necessary  to  take 

care  that  any  measures  required  of  the  Italian  Government  do  not  prejudice  the  completion  of  its 

programme  for  economic  expansion  and  for  raising  the  standard  of  living  of  the  population.". 

50.  Declaration  concerning  Article  10  of  the  Protocol  on  transitional 

provisions 

The  Conference  invites  the  European  Parliament,  the  Council  and  the  Commission,  within  their 

respective  powers,  to  seek  to  adopt,  in  appropriate  cases  and  as  far  as  possible  within  the  five- 

year  period  referred  to  in  Article  10(3)  of  the  Protocol  on  transitional  provisions,  legal  acts 

amending  or  replacing  the  acts  referred  to  in  Article  10(1)  of  that  Protocol.

C.  DECLARATIONS  BY  MEMBER  STATES 

51.  Declaration  by  the  Kingdom  of  Belgium  on  national  Parliaments 

Belgium  wishes  to  make  clear  that,  in  accordance  with  its  constitutional  law,  not  only  the  Chamber 
of  Representatives  and  Senate  of  the  Federal  Parliament  but  also  the  parliamentary  assemblies  of  the 
Communities  and  the  Regions  act,  in  terms  of  the  competences  exercised  by  the  Union,  as 
components  of  the  national  parliamentary  system  or  chambers  of  the  national  Parliament. 

52.  Declaration  by  the  Kingdom  of  Belgium,  the  Republic  of  Bulgaria,  the 
Federal  Republic  of  Germany,  the  Hellenic  Republic,  the  Kingdom  of 
Spain,  the  Italian  Republic,  the  Republic  of  Cyprus,  the  Republic  of 
Lithuania,  the  Grand-Duchy  of  Luxembourg,  the  Republic  of  Hungary,  the 
Republic  of  Malta,  the  Republic  of  Austria,  the  Portuguese  Republic, 
Romania,  the  Republic  of  Slovenia  and  the  Slovak  Republic  on  the 
symbols  of  the  European  Union 

Belgium,  Bulgaria,  Germany,  Greece,  Spain,  Italy,  Cyprus,  Lithuania,  Luxemburg,  Hungary,  Malta, 
Austria,  Portugal,  Romania,  Slovenia  and  the  Slovak  Republic  declare  that  the  flag  with  a  circle  of 
twelve  golden  stars  on  a  blue  background,  the  anthem  based  on  the  "Ode  to  Joy"  from  the  Ninth 
Symphony  by  Ludwig  van  Beethoven,  the  motto "United  in  diversity",  the  euro  as  the  currency  of  the 
European  Union  and  Europe  Day  on  9  May  will  for  them  continue  as  symbols  to  express  the  sense 
of  community  of  the  people  in  the  European  Union  and  their  allegiance  to  it. 

53.  Declaration  by  the  Czech  Republic  on  the  Charter  of  Fundamental 
Rights  of  the  European  Union 

1. 
The  Czech  Republic  recalls  that  the  provisions  of  the  Charter  of  Fundamental  Rights  of  the 
European  Union  are  addressed  to  the  institutions  and  bodies  of  the  European  Union  with  due  regard 
for  the  principle  of  subsidiarity  and  division  of  competences  between  the  European  Union  and  its 
Member  States,  as  reaffirmed  in  Declaration  (No  18)  in  relation  to  the  delimitation  of  competences. 
The  Czech  Republic  stresses  that  its  provisions  are  addressed  to  the  Member  States  only  when  they 
are  implementing  Union  law,  and  not  when  they  are  adopting  and  implementing  national  law 
independently  from  Union  law. 

2. 
The  Czech  Republic  also  emphasises  that  the  Charter  does  not  extend  the  field  of  application  of 
Union  law  and  does  not  establish  any  new  power  for  the  Union.  It  does  not  diminish  the  field  of 
application  of  national  law  and  does  not  restrain  any  current  powers  of  the  national  authorities  in 
this  field.

Consolidated version of the treaty on european unionDeclarations 
 
C  202/356 
358358

EN 

Official Journal of the European Union 

7.6.2016

3. 
The  Czech  Republic  stresses  that,  in  so  far  as  the  Charter  recognises  fundamental  rights  and 
principles  as  they  result  from  constitutional  traditions  common  to  the  Member  States,  those  rights 
and  principles  are  to  be  interpreted  in  harmony  with  those  traditions. 

4. 
The  Czech  Republic  further  stresses  that  nothing  in  the  Charter  may  be  interpreted  as 
restricting  or  adversely  affecting  human  rights  and  fundamental  freedoms  as  recognised,  in  their 
respective  field  of  application,  by  Union  law  and  by  international  agreements  to  which  the  Union  or 
all  the  Member  States  are  party,  including  the  European  Convention  for  the  Protection  of  Human 
Rights  and  Fundamental  Freedoms,  and  by  the  Member  States'  Constitutions. 

54.  Declaration  by  the  Federal  Republic  of  Germany,  Ireland,  the  Republic 
of  Hungary,  the  Republic  of  Austria  and  the  Kingdom  of  Sweden 

Germany,  Ireland,  Hungary,  Austria  and  Sweden  note  that  the  core  provisions  of  the  Treaty  estab­
lishing  the  European  Atomic  Energy  Community  have  not  been  substantially  amended  since  its  entry 
into  force  and  need  to  be  brought  up  to  date.  They  therefore  support  the  idea  of  a  Conference  of  the 
Representatives  of  the  Governments  of  the  Member  States,  which  should  be  convened  as  soon  as 
possible. 

55.  Declaration  by  the  Kingdom  of  Spain  and  the  United  Kingdom  of 
Great  Britain  and  Northern  Ireland 

The  Treaties  apply  to  Gibraltar  as  a  European  territory  for  whose  external  relations  a  Member  State  is 
responsible.  This  shall  not  imply  changes  in  the  respective  positions  of  the  Member  States  concerned. 

56.  Declaration  by  Ireland  on  Article  3  of  the  Protocol  on  the  position  of 
the United  Kingdom  and Ireland in respect  of  the area  of  freedom, security 
and  justice 

Ireland  affirms  its  commitment  to  the  Union  as  an  area  of  freedom,  security  and  justice  respecting 
fundamental  rights  and  the  different  legal  systems  and  traditions  of  the  Member  States  within  which 
citizens  are  provided  with  a  high  level  of  safety. 

Accordingly,  Ireland  declares  its  firm  intention  to  exercise  its  right  under  Article  3  of  the  Protocol 
on  the  position  of  the  United  Kingdom  and  Ireland  in  respect  of  the  area  of  freedom,  security  and 
justice to  take  part in  the  adoption  of  measures pursuant  to  Title  V  of  Part  Three  of  the  Treaty on  the 
Functioning  of  the  European  Union  to  the  maximum  extent  it  deems  possible. 

Ireland  will,  in  particular,  participate  to  the  maximum  possible  extent  in  measures  in  the  field  of 
police  cooperation.

Consolidated TreatiesConsolidated Treaties 
C  202/356 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/357
359359

3. 

The  Czech  Republic  stresses  that,  in  so  far  as  the  Charter  recognises  fundamental  rights  and 

principles  as  they  result  from  constitutional  traditions  common  to  the  Member  States,  those  rights 

and  principles  are  to  be  interpreted  in  harmony  with  those  traditions. 

Furthermore,  Ireland  recalls  that  in  accordance  with  Article  8  of  the  Protocol  it  may  notify  the 
Council  in  writing  that  it  no  longer  wishes  to  be  covered  by  the  terms  of  the  Protocol.  Ireland 
intends  to  review  the  operation  of  these  arrangements  within  three  years  of  the  entry  into  force  of 
the  Treaty  of  Lisbon. 

4. 

The  Czech  Republic  further  stresses  that  nothing  in  the  Charter  may  be  interpreted  as 

restricting  or  adversely  affecting  human  rights  and  fundamental  freedoms  as  recognised,  in  their 

respective  field  of  application,  by  Union  law  and  by  international  agreements  to  which  the  Union  or 

all  the  Member  States  are  party,  including  the  European  Convention  for  the  Protection  of  Human 

Rights  and  Fundamental  Freedoms,  and  by  the  Member  States'  Constitutions. 

54.  Declaration  by  the  Federal  Republic  of  Germany,  Ireland,  the  Republic 

of  Hungary,  the  Republic  of  Austria  and  the  Kingdom  of  Sweden 

Germany,  Ireland,  Hungary,  Austria  and  Sweden  note  that  the  core  provisions  of  the  Treaty  estab­

lishing  the  European  Atomic  Energy  Community  have  not  been  substantially  amended  since  its  entry 

into  force  and  need  to  be  brought  up  to  date.  They  therefore  support  the  idea  of  a  Conference  of  the 

Representatives  of  the  Governments  of  the  Member  States,  which  should  be  convened  as  soon  as 

possible. 

55.  Declaration  by  the  Kingdom  of  Spain  and  the  United  Kingdom  of 

Great  Britain  and  Northern  Ireland 

The  Treaties  apply  to  Gibraltar  as  a  European  territory  for  whose  external  relations  a  Member  State  is 

responsible.  This  shall  not  imply  changes  in  the  respective  positions  of  the  Member  States  concerned. 

56.  Declaration  by  Ireland  on  Article  3  of  the  Protocol  on  the  position  of 

the United Kingdom  and Ireland in respect  of  the area  of  freedom, security 

and  justice 

Ireland  affirms  its  commitment  to  the  Union  as  an  area  of  freedom,  security  and  justice  respecting 

fundamental  rights  and  the  different  legal  systems  and  traditions  of  the  Member  States  within  which 

citizens  are  provided  with  a  high  level  of  safety. 

57.  Declaration  by  the  Italian  Republic  on  the  composition  of  the 
European  Parliament 

Italy  notes  that,  pursuant  to  Articles  10  and  14  of  the  Treaty  on  European  Union,  the  European 
Parliament  is  to  be  composed  of  representatives  of  the  Union's  citizens;  this  representation  is  to  be 
degressively  proportional. 

Italy  likewise  notes  that  on  the  basis  of  Article  9  of  the  Treaty  on  European  Union  and  Article  20 
of  the  Treaty  on  the  Functioning  of  the  European  Union,  every  national  of  a  Member  State  is  a 
citizen  of  the  Union. 

Italy  therefore  considers  that,  without  prejudice  to  the  decision  on  the  2009-2014  legislative  period, 
any  decision  adopted  by  the  European  Council,  at  the  initiative  of  the  European  Parliament  and  with 
its  consent,  establishing  the  composition  of  the  European  Parliament,  must  abide  by  the  principles 
laid  down  out  in  the  first  subparagraph  of  Article  14. 

58.  Declaration  by  the  Republic  of  Latvia,  the  Republic  of  Hungary  and 
the  Republic  of  Malta  on  the  spelling of  the  name  of  the  single  currency  in 
the  Treaties 

Without  prejudice  to  the  unified  spelling  of  the  name  of  the  single  currency  of  the  European  Union 
referred  to  in  the  Treaties as  displayed  on  the  banknotes  and  on  the  coins,  Latvia,  Hungary  and  Malta 
declare  that  the  spelling  of  the  name  of  the  single  currency,  including  its  derivatives  as  applied 
throughout  the  Latvian, Hungarian and  Maltese  text of  the  Treaties, has no  effect on  the  existing  rules 
of  the  Latvian,  Hungarian  or  Maltese  languages. 

Accordingly,  Ireland  declares  its  firm  intention  to  exercise  its  right  under  Article  3  of  the  Protocol 

on  the  position  of  the  United  Kingdom  and  Ireland  in  respect  of  the  area  of  freedom,  security  and 

justice to  take  part in  the  adoption  of  measures pursuant  to  Title  V  of  Part  Three  of  the  Treaty on  the 

Functioning  of  the  European  Union  to  the  maximum  extent  it  deems  possible. 

Ireland  will,  in  particular,  participate  to  the  maximum  possible  extent  in  measures  in  the  field  of 

police  cooperation.

59.  Declaration  by  the  Kingdom  of  the  Netherlands  on  Article  312  of  the 
Treaty  on  the  Functioning  of  the  European  Union 

The  Kingdom  of  the  Netherlands  will agree  to  a  decision  as  referred to  in  the  second  subparagraph of 
Article  312(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union  once  a  revision  of  the 
decision  referred  to  in  the  third  paragraph  of  Article  311  of  that  Treaty  has  provided  the 
Netherlands  with  a  satisfactory  solution  for  its  excessive  negative  net  payment  position  vis-à-vis 
the  Union  budget.

Consolidated version of the treaty on european unionDeclarations 
 
C  202/358 
360360

EN 

Official Journal of the European Union 

7.6.2016

60.  Declaration  by  the  Kingdom  of  the  Netherlands  on  Article  355  of  the 
Treaty  on  the  Functioning  of  the  European  Union 

The  Kingdom  of  the  Netherlands  declares  that  an  initiative  for  a  decision,  as  referred  to  in 
Article  355(6)  aimed  at  amending  the  status  of  the  Netherlands  Antilles  and/or  Aruba  with 
regard  to  the  Union,  will  be  submitted  only  on  the  basis  of  a  decision  taken  in  conformity  with 
the  Charter  for  the  Kingdom  of  the  Netherlands. 

61.  Declaration  by  the  Republic  of  Poland  on  the  Charter  of  Fundamental 
Rights  of  the  European  Union 

The  Charter  does  not  affect  in  any  way  the  right  of  Member  States  to  legislate  in  the  sphere  of  public 
morality,  family  law,  as  well  as  the  protection  of  human  dignity  and  respect  for  human  physical  and 
moral  integrity. 

62.  Declaration  by  the  Republic  of  Poland  concerning  the  Protocol  on  the 
application  of  the  Charter  of  Fundamental  Rights  of  the  European  Union 
in  relation  to  Poland  and  the  United  Kingdom 

Poland  declares  that,  having  regard  to  the  tradition  of  social  movement  of  "Solidarity"  and  its 
significant  contribution  to  the  struggle  for  social  and  labour  rights,  it  fully  respects  social  and 
labour  rights,  as  established  by  European  Union  law,  and  in  particular  those  reaffirmed  in  Title  IV 
of  the  Charter  of  Fundamental  Rights  of  the  European  Union. 

63.  Declaration  by  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland  on  the  definition  of  the  term  "nationals" 

In  respect  of  the  Treaties  and  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and 
in  any  of  the  acts  deriving  from  those  Treaties  or  continued  in  force  by  those  Treaties,  the  United 
Kingdom  reiterates  the  Declaration  it  made  on  31  December  1982  on  the  definition  of  the  term 
"nationals"  with  the  exception  that  the  reference  to  "British  Dependent  Territories  Citizens"  shall  be 
read  as  meaning  "British  overseas  territories  citizens". 

64.  Declaration  by  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland  on  the  franchise  for  elections  to  the  European  Parliament 

The  United  Kingdom  notes  that  Article  14  of  the  Treaty on  European  Union  and  other  provisions  of 
the  Treaties  are  not  intended  to  change  the  basis  for  the  franchise  for  elections  to  the  European 
Parliament.

Consolidated TreatiesConsolidated Treaties 
C  202/358 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/359
361361

60.  Declaration  by  the  Kingdom  of  the  Netherlands  on  Article  355  of  the 

Treaty  on  the  Functioning  of  the  European  Union 

65.  Declaration  by  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland  on  Article  75  of  the  Treaty  on  the  Functioning  of  the  European 
Union 

The  United  Kingdom  fully  supports  robust  action  with  regard  to  adopting  financial  sanctions 
designed  to  prevent  and  combat  terrorism  and  related  activities.  Therefore,  the  United  Kingdom 
declares  that  it  intends  to  exercise  its  right  under  Article  3  of  the  Protocol  on  the  position  of  the 
United  Kingdom  and  Ireland  in  respect  of  the  area  of  freedom,  security and  justice  to  take  part  in  the 
adoption  of  all  proposals  made  under  Article  75  of  the  Treaty  on  the  Functioning  of  the  European 
Union.

The  Kingdom  of  the  Netherlands  declares  that  an  initiative  for  a  decision,  as  referred  to  in 

Article  355(6)  aimed  at  amending  the  status  of  the  Netherlands  Antilles  and/or  Aruba  with 

regard  to  the  Union,  will  be  submitted  only  on  the  basis  of  a  decision  taken  in  conformity  with 

the  Charter  for  the  Kingdom  of  the  Netherlands. 

61.  Declaration  by  the  Republic  of  Poland  on  the  Charter  of  Fundamental 

Rights  of  the  European  Union 

The  Charter  does  not  affect  in  any  way  the  right  of  Member  States  to  legislate  in  the  sphere  of  public 

morality,  family  law,  as  well  as  the  protection  of  human  dignity  and  respect  for  human  physical  and 

moral  integrity. 

62.  Declaration  by  the  Republic  of  Poland  concerning  the  Protocol  on  the 

application  of  the  Charter  of  Fundamental  Rights  of  the  European  Union 

in  relation  to  Poland  and  the  United  Kingdom 

Poland  declares  that,  having  regard  to  the  tradition  of  social  movement  of  "Solidarity"  and  its 

significant  contribution  to  the  struggle  for  social  and  labour  rights,  it  fully  respects  social  and 

labour  rights,  as  established  by  European  Union  law,  and  in  particular  those  reaffirmed  in  Title  IV 

of  the  Charter  of  Fundamental  Rights  of  the  European  Union. 

63.  Declaration  by  the  United  Kingdom  of  Great  Britain  and  Northern 

Ireland  on  the  definition  of  the  term  "nationals" 

In  respect  of  the  Treaties  and  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and 

in  any  of  the  acts  deriving  from  those  Treaties  or  continued  in  force  by  those  Treaties,  the  United 

Kingdom  reiterates  the  Declaration  it  made  on  31  December  1982  on  the  definition  of  the  term 

"nationals"  with  the  exception  that  the  reference  to  "British  Dependent  Territories  Citizens"  shall  be 

read  as  meaning  "British  overseas  territories  citizens". 

64.  Declaration  by  the  United  Kingdom  of  Great  Britain  and  Northern 

Ireland  on  the  franchise  for  elections  to  the  European  Parliament 

The  United  Kingdom  notes  that  Article  14  of  the  Treaty on  European  Union  and  other  provisions  of 

the  Treaties  are  not  intended  to  change  the  basis  for  the  franchise  for  elections  to  the  European 

Parliament.

Consolidated version of the treaty on european unionDeclarations 
 
7.6.2016 

EN 

Official Journal of the European Union 

C  202/361 
363363

TABLES  OF  EQUIVALENCES (*) 

Treaty  on  European  Union 

Old  numbering  of  the  Treaty  on  European 
Union 

New  numbering  of  the  Treaty  on  European 
Union 

TITLE  I  –  COMMON  PROVISIONS 

TITLE  I  –  COMMON  PROVISIONS 

Article  1 

Article  2 

Article  3  (repealed) ( 1 ) 

Article  4  (repealed) ( 3 ) 

Article  5  (repealed) ( 4 ) 

Article  6 

Article  7 

Article  1 

Article  2 

Article  3 

Article  4 

Article  5 ( 2 ) 

Article  6 

Article  7 

Article  8 

TITLE  II  –  PROVISIONS  AMENDING  THE 
TREATY  ESTABLISHING  THE  EUROPEAN 
ECONOMIC  COMMUNITY  WITH  A  VIEW  TO 
ESTABLISHING  THE  EUROPEAN 
COMMUNITY 

Article  8  (repealed) ( 5 ) 

TITLE  II  –  PROVISIONS  ON  DEMOCRATIC 
PRINCIPLES 

Article  9 

Article  10 ( 6 ) 

( 1 )  Replaced,  in  substance,  by  Article  7  of  the  Treaty  on  the  Functioning  of  the  European  Union  ("TFEU") 
and  by  Articles  13(1)  and  21,  paragraph  3,  second  subparagraph  of  the  Treaty  on  European  Union 
("TEU"). 

( 2 )  Replaces  Article  5  of  the  Treaty  establishing  the  European  Community  ("TEC"). 
( 3 )  Replaced,  in  substance,  by  Article  15. 
( 4 )  Replaced,  in  substance,  by  Article  13,  paragraph  2. 
( 5 )  Article  8  TEU,  which  was  in  force  until  the  entry  into  force  of  the  Treaty  of  Lisbon  (hereinafter 
"current"),  amended  the  TEC.  Those  amendments  are  incorporated  into  the  latter  Treaty  and  Article  8 
is  repealed.  Its  number  is  used  to  insert  a  new  provision. 

( 6 )  Paragraph  4  replaces,  in  substance,  the  first  subparagraph  of  Article  191  TEC.

(*)  Tables  of  equivalences  as  referred  to  in  Article  5  of  the  Treaty  of  Lisbon.  The  original  centre  column, 

which  set  out  the  intermediate  numbering  as  used  in  that  Treaty,  has  been  omitted.

Consolidated version of the treaty on european unionTables of equivalences 
C  202/362 
364364

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  on  European 
Union 

New  numbering  of  the  Treaty  on  European 
Union 

Article  11 

Article  12 

TITLE  III  –  PROVISIONS  AMENDING  THE 
TREATY  ESTABLISHING  THE  EUROPEAN 
COAL  AND  STEEL  COMMUNITY 

TITLE  III  –  PROVISIONS  ON  THE  INSTITU­
TIONS 

Article  9  (repealed) ( 7 ) 

Article  13 

Article  14 ( 8 ) 

Article  15 ( 9 ) 

Article  16 ( 10 ) 

Article  17 ( 11 ) 

Article  18 

Article  19 ( 12 ) 

TITLE  IV  –  PROVISIONS  AMENDING  THE 
TREATY  ESTABLISHING  THE  EUROPEAN 
ATOMIC  ENERGY  COMMUNITY 

TITLE  IV  –  PROVISIONS  ON  ENHANCED 
COOPERATION 

Article  10  (repealed) ( 13 ) 
Articles  27a  to  27e  (replaced) 
Articles  40  to  40b  (replaced) 
Articles  43  to  45  (replaced) 

Article  20 ( 14 ) 

( 7 )  The  current  Article  9  TEU  amended  the  Treaty  establishing  the  European  Coal  and  Steel  Community. 
This  latter  expired  on  23  July  2002.  Article  9  is  repealed  and  the  number  thereof  is  used  to  insert 
another  provision. 

( 8 )  —  Paragraphs  1  and  2  replace,  in  substance,  Article  189  TEC; 

—  paragraphs  1  to  3  replace,  in  substance,  paragraphs  1  to  3  of  Article  190  TEC; 
—  paragraph  1  replaces,  in  substance,  the  first  subparagraph  of  Article  192  TEC; 
—  paragraph  4  replaces,  in  substance,  the  first  subparagraph  of  Article  197  TEC. 

( 9 )  Replaces,  in  substance,  Article  4. 
( 10 )  —  Paragraph  1  replaces,  in  substance,  the  first  and  second  indents  of  Article  202  TEC; 

—  paragraphs  2  and  9  replace,  in  substance,  Article  203  TEC; 
—  paragraphs  4  and  5  replace,  in  substance,  paragraphs  2  and  4  of  Article  205  TEC. 

( 11 )  —  Paragraph  1  replaces,  in  substance,  Article  211  TEC; 

—  paragraphs  3  and  7  replace,  in  substance,  Article  214  TEC. 
—  paragraph  6  replaces,  in  substance,  paragraphs  1,  3  and  4  of  Article  217  TEC. 

( 12 )  —  Replaces,  in  substance,  Article  220  TEC. 

—  the  first  subparagraph  of  paragraph  2  replaces,  in  substance,  the  first  subparagraph  of  Article  221 

TEC. 

( 13 )  The  current  Article  10  TEU  amended  the  Treaty  establishing  the  European  Atomic  Energy 
Community.  Those  amendments  are  incorporated  into  the  Treaty  of  Lisbon.  Article  10  is  repealed 
and  the  number  thereof  is  used  to  insert  another  provision. 

( 14 )  Also  replaces  Articles  11  and  11a  TEC.

Consolidated TreatiesConsolidated Treaties 
C  202/362 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/363
365365

Old  numbering  of  the  Treaty  on  European 

New  numbering  of  the  Treaty  on  European 

Union 

Union 

Old  numbering  of  the  Treaty  on  European 
Union 

New  numbering  of  the  Treaty  on  European 
Union 

Article  11 

Article  12 

Article  13 

Article  14 ( 8 ) 

Article  15 ( 9 ) 

Article  16 ( 10 ) 

Article  17 ( 11 ) 

Article  18 

Article  19 ( 12 ) 

Article  20 ( 14 ) 

TITLE  III  –  PROVISIONS  AMENDING  THE 

TITLE  III  –  PROVISIONS  ON  THE  INSTITU­

TREATY  ESTABLISHING  THE  EUROPEAN 

TIONS 

COAL  AND  STEEL  COMMUNITY 

Article  9  (repealed) ( 7 ) 

TITLE  IV  –  PROVISIONS  AMENDING  THE 

TITLE  IV  –  PROVISIONS  ON  ENHANCED 

TREATY  ESTABLISHING  THE  EUROPEAN 

COOPERATION 

ATOMIC  ENERGY  COMMUNITY 

Article  10  (repealed) ( 13 ) 

Articles  27a  to  27e  (replaced) 

Articles  40  to  40b  (replaced) 

Articles  43  to  45  (replaced) 

( 7 )  The  current  Article  9  TEU  amended  the  Treaty  establishing  the  European  Coal  and  Steel  Community. 

This  latter  expired  on  23  July  2002.  Article  9  is  repealed  and  the  number  thereof  is  used  to  insert 

another  provision. 

( 8 )  —  Paragraphs  1  and  2  replace,  in  substance,  Article  189  TEC; 

—  paragraphs  1  to  3  replace,  in  substance,  paragraphs  1  to  3  of  Article  190  TEC; 

—  paragraph  1  replaces,  in  substance,  the  first  subparagraph  of  Article  192  TEC; 

—  paragraph  4  replaces,  in  substance,  the  first  subparagraph  of  Article  197  TEC. 

( 9 )  Replaces,  in  substance,  Article  4. 

( 10 )  —  Paragraph  1  replaces,  in  substance,  the  first  and  second  indents  of  Article  202  TEC; 

—  paragraphs  2  and  9  replace,  in  substance,  Article  203  TEC; 

—  paragraphs  4  and  5  replace,  in  substance,  paragraphs  2  and  4  of  Article  205  TEC. 

( 11 )  —  Paragraph  1  replaces,  in  substance,  Article  211  TEC; 

—  paragraphs  3  and  7  replace,  in  substance,  Article  214  TEC. 

—  paragraph  6  replaces,  in  substance,  paragraphs  1,  3  and  4  of  Article  217  TEC. 

( 12 )  —  Replaces,  in  substance,  Article  220  TEC. 

—  the  first  subparagraph  of  paragraph  2  replaces,  in  substance,  the  first  subparagraph  of  Article  221 

TEC. 

( 13 )  The  current  Article  10  TEU  amended  the  Treaty  establishing  the  European  Atomic  Energy 

Community.  Those  amendments  are  incorporated  into  the  Treaty  of  Lisbon.  Article  10  is  repealed 

and  the  number  thereof  is  used  to  insert  another  provision. 

( 14 )  Also  replaces  Articles  11  and  11a  TEC.

TITLE  V  –  PROVISIONS  ON  A  COMMON 
FOREIGN  AND  SECURITY  POLICY 

TITLE  V  –  GENERAL  PROVISIONS  ON  THE 
UNION'S  EXTERNAL  ACTION  AND  SPECIFIC 
PROVISIONS  ON  THE  COMMON  FOREIGN 
AND  SECURITY  POLICY 

Chapter  1  –  General  provisions  on  the  Union's 
external  action 

Article  21 

Article  22 

Chapter  2  –  Specific  provisions  on  the 
common  foreign  and  security  policy 

Section  1  –  Common  provisions 

Article  11 

Article  12 

Article  13 

Article  14 

Article  15 

Article  22  (moved) 

Article  23  (moved) 

Article  16 

Article  17  (moved) 

Article  18 

Article  19 

Article  20 

Article  21 

Article  22  (moved) 

Article  23  (moved) 

Article  24 

Article  23 

Article  24 

Article  25 

Article  26 

Article  27 

Article  28 

Article  29 

Article  30 

Article  31 

Article  32 

Article  42 

Article  33 

Article  34 

Article  35 

Article  36 

Article  30 

Article  31 

Article  37

Consolidated version of the treaty on european unionTables of equivalences 
 
C  202/364 
366366

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  on  European 
Union 

New  numbering  of  the  Treaty  on  European 
Union 

Article  25 

Article  47  (moved) 

Article  26  (repealed) 

Article  27  (repealed) 

Article  27a  (replaced) ( 15 ) 

Article  27b  (replaced) ( 15 ) 

Article  27c  (replaced) ( 15 ) 

Article  27d  (replaced) ( 15 ) 

Article  27e  (replaced) ( 15 ) 

Article  28 

Article  17  (moved) 

Article  38 

Article  39 

Article  40 

Article  20 

Article  20 

Article  20 

Article  20 

Article  20 

Article  41 

Section  2  –  Provisions on  the  common  security 
and  defence  policy 

Article  42 

Article  43 

Article  44 

Article  45 

Article  46 

TITLE  VI  –  PROVISIONS  ON  POLICE  AND 
JUDICIAL  COOPERATION  IN  CRIMINAL 
MATTERS  (repealed) ( 16 ) 

Article  29  (replaced) ( 17 ) 

Article  30  (replaced) ( 18 ) 

Article  31  (replaced) ( 19 ) 

( 15 )  The  current  Articles  27a  to  27e,  on  enhanced  cooperation,  are  also  replaced  by  Articles  326  to  334 

TFEU. 

( 16 )  The  current  provisions  of  Title  VI  of  the  TEU,  on  police  and  judicial  cooperation  in  criminal  matters, 
are  replaced  by  the  provisions  of  Chapters  1,  4  and  5  of  Title  IV  (renumbered  V)  of  Part  Three  of  the 
TFEU. 

( 17 )  Replaced  by  Article  67  TFEU. 
( 18 )  Replaced  by  Articles  87  and  88  TFEU. 
( 19 )  Replaced  by  Articles  82,  83  and  85  TFEU.

Consolidated TreatiesConsolidated Treaties 
C  202/364 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/365
367367

Old  numbering  of  the  Treaty  on  European 

New  numbering  of  the  Treaty  on  European 

Union 

Union 

Old  numbering  of  the  Treaty  on  European 
Union 

New  numbering  of  the  Treaty  on  European 
Union 

Article  25 

Article  47  (moved) 

Article  26  (repealed) 

Article  27  (repealed) 

Article  27a  (replaced) ( 15 ) 

Article  27b  (replaced) ( 15 ) 

Article  27c  (replaced) ( 15 ) 

Article  27d  (replaced) ( 15 ) 

Article  27e  (replaced) ( 15 ) 

Article  28 

Article  17  (moved) 

Article  38 

Article  39 

Article  40 

Article  20 

Article  20 

Article  20 

Article  20 

Article  20 

Article  41 

Article  42 

Article  43 

Article  44 

Article  45 

Article  46 

Section  2  –  Provisions on  the  common  security 

and  defence  policy 

TITLE  VI  –  PROVISIONS  ON  POLICE  AND 

JUDICIAL  COOPERATION  IN  CRIMINAL 

MATTERS  (repealed) ( 16 ) 

Article  29  (replaced) ( 17 ) 

Article  30  (replaced) ( 18 ) 

Article  31  (replaced) ( 19 ) 

( 15 )  The  current  Articles  27a  to  27e,  on  enhanced  cooperation,  are  also  replaced  by  Articles  326  to  334 

( 16 )  The  current  provisions  of  Title  VI  of  the  TEU,  on  police  and  judicial  cooperation  in  criminal  matters, 

are  replaced  by  the  provisions  of  Chapters  1,  4  and  5  of  Title  IV  (renumbered  V)  of  Part  Three  of  the 

TFEU. 

TFEU. 

( 17 )  Replaced  by  Article  67  TFEU. 

( 18 )  Replaced  by  Articles  87  and  88  TFEU. 

( 19 )  Replaced  by  Articles  82,  83  and  85  TFEU.

Article  32  (replaced) ( 20 ) 

Article  33  (replaced) ( 21 ) 

Article  34  (repealed) 

Article  35  (repealed) 

Article  36  (replaced) ( 22 ) 

Article  37  (repealed) 

Article  38  (repealed) 

Article  39  (repealed) 

Article  40  (replaced) ( 23 ) 

Article  40 A  (replaced) ( 23 ) 

Article  40  B  (replaced) ( 23 ) 

Article  41  (repealed) 

Article  42  (repealed) 

Article  20 

Article  20 

Article  20 

TITLE  VII  –  PROVISIONS  ON  ENHANCED 
COOPERATION  (replaced) ( 24 ) 

TITLE  IV  –  PROVISIONS  ON  ENHANCED 
COOPERATION 

Article  43  (replaced) ( 24 ) 

Article  43 A  (replaced) ( 24 ) 

Article  43  B  (replaced) ( 24 ) 

Article  44  (replaced) ( 24 ) 

Article  44 A  (replaced) ( 24 ) 

Article  45  (replaced) ( 24 ) 

Article  20 

Article  20 

Article  20 

Article  20 

Article  20 

Article  20 

TITRE  VIII  –  FINAL  PROVISIONS 

TITLE  VI  –  FINAL  PROVISIONS 

Article  46  (repealed) 

Article  47 

( 20 )  Replaced  by  Article  89  TFEU. 
( 21 )  Replaced  by  Article  72  TFEU. 
( 22 )  Replaced  by  Article  71  TFEU. 
( 23 )  The  current  Articles  40  to  40  B  TEU,  on  enhanced  cooperation,  are  also  replaced  by  Articles  326  to 

334  TFEU. 

( 24 )  The  current  Articles  43  to  45  and  Title  VII  of  the  TEU,  on  enhanced  cooperation,  are  also  replaced  by 

Articles  326  to  334  TFEU.

Consolidated version of the treaty on european unionTables of equivalences 
 
C  202/366 
368368

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  on  European 
Union 

New  numbering  of  the  Treaty  on  European 
Union 

Article  47  (replaced) 

Article  48 

Article  49 

Article  50  (repealed) 

Article  51 

Article  52 

Article  53 

Article  40 

Article  48 

Article  49 

Article  50 

Article  51 

Article  52 

Article  53 

Article  54 

Article  55 

Treaty  on  the  Functioning  of  the  European  Union 

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

PART  ONE  –  PRINCIPLES 

PART  ONE  –  PRINCIPLES 

Article  1  (repealed) 

Article  2  (repealed) ( 25 ) 

Article  1 

Title  I  –  Categories  and  areas  of  union 
competence 

Article  2 

Article  3 

Article  4 

Article  5 

Article  6 

( 25 )  Replaced,  in  substance,  by  Article  3  TEU.

Title  II  –  Provisions  having  general  application 

Consolidated TreatiesConsolidated Treaties 
C  202/366 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/367
369369

Old  numbering  of  the  Treaty  on  European 

New  numbering  of  the  Treaty  on  European 

Union 

Union 

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  47  (replaced) 

Article  48 

Article  49 

Article  50  (repealed) 

Article  51 

Article  52 

Article  53 

Article  1  (repealed) 

Article  2  (repealed) ( 25 ) 

Treaty  on  the  Functioning  of  the  European  Union 

Old  numbering  of  the  Treaty  establishing  the 

New  numbering  of  the  Treaty  on  the  Func­

European  Community 

tioning  of  the  European  Union 

PART  ONE  –  PRINCIPLES 

PART  ONE  –  PRINCIPLES 

Title  I  –  Categories  and  areas  of  union 

competence 

Article  40 

Article  48 

Article  49 

Article  50 

Article  51 

Article  52 

Article  53 

Article  54 

Article  55 

Article  1 

Article  2 

Article  3 

Article  4 

Article  5 

Article  6 

Article  3,  paragraph  1  (repealed) ( 26 ) 

Article  3,  paragraph  2 

Article  4  (moved) 

Article  5  (replaced) ( 27 ) 

Article  6 

Article  7 

Article  8 

Article  119 

Article  9 

Article  10 

Article  11 

Article  153,  paragraph  2  (moved) 

Article  12 

Article  13 ( 28 ) 

Article  7  (repealed) ( 29 ) 

Article  8  (repealed) ( 30 ) 

Article  9  (repealed) 

Article  10  (repealed) ( 31 ) 

Article  11  (replaced) ( 32 ) 

Article  11a  (replaced) ( 32 ) 

Article  12  (moved) 

Article  13  (moved) 

Article  14  (moved) 

Article  15  (moved) 

Article  16 

Article  255  (moved) 

Article  286  (moved) 

Articles  326  to  334 

Articles  326  to  334 

Article  18 

Article  19 

Article  26 

Article  27 

Article  14 

Article  15 

Article  16 

( 25 )  Replaced,  in  substance,  by  Article  3  TEU.

Title  II  –  Provisions  having  general  application 

( 26 )  Replaced,  in  substance,  by  Articles  3  to  6  TFEU. 
( 27 )  Replaced  by  Article  5  TEU. 
( 28 )  Insertion  of  the  operative  part  of  the  protocol  on  protection  and  welfare  of  animals. 
( 29 )  Replaced,  in  substance,  by  Article  13  TEU. 
( 30 )  Replaced,  in  substance,  by  Article  13  TEU  and  Article  282,  paragraph  1,  TFEU. 
( 31 )  Replaced,  in  substance,  by  Article  4,  paragraph  3,  TEU. 
( 32 )  Also  replaced  by  Article  20  TEU.

Consolidated version of the treaty on european unionTables of equivalences 
 
C  202/368 
370370

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  17 

PART  TWO  –  CITIZENSHIP  OF  THE  UNION 

PART  TWO  –  NON-DISCRIMINATION  AND 
CITIZENSHIP  OF  THE  UNION 

Article  12  (moved) 

Article  13  (moved) 

Article  17 

Article  18 

Article  19 

Article  20 

Article  21 

Article  22 

Article  18 

Article  19 

Article  20 

Article  21 

Article  22 

Article  23 

Article  24 

Article  25 

PART  THREE  –  COMMUNITY  POLICIES 

PART  THREE  –  POLICIES  AND  INTERNAL 
ACTIONS  OF  THE  UNION 

Title  I  –  The  internal  market 

Article  14  (moved) 

Article  15  (moved) 

Article  26 

Article  27 

Title  I  –  Free  movement  of  goods 

Title  II  –  Free  movement  of  goods 

Article  23 

Article  24 

Article  28 

Article  29 

Chapter  1  –  The  customs  union 

Chapter  1  –  The  customs  union 

Article  25 

Article  26 

Article  27 

Article  30 

Article  31 

Article  32 

Part  Three,  Title  X,  Customs  cooperation 
(moved) 

Chapter  2  –  Customs  cooperation 

Article  135  (moved) 

Article  33 

Chapter  2  –  Prohibition  of  quantitative 
restrictions  between  Member  States 

Chapter  3  –  Prohibition  of  quantitative 
restrictions  between  Member  States 

Article  28 

Article  34

Consolidated TreatiesConsolidated Treaties 
C  202/368 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/369
371371

Old  numbering  of  the  Treaty  establishing  the 

New  numbering  of  the  Treaty  on  the  Func­

European  Community 

tioning  of  the  European  Union 

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

PART  TWO  –  CITIZENSHIP  OF  THE  UNION 

PART  TWO  –  NON-DISCRIMINATION  AND 

CITIZENSHIP  OF  THE  UNION 

Article  17 

Article  18 

Article  19 

Article  20 

Article  21 

Article  22 

Article  23 

Article  24 

Article  25 

Article  26 

Article  27 

Article  28 

Article  29 

Article  30 

Article  31 

Article  32 

Article  12  (moved) 

Article  13  (moved) 

Article  17 

Article  18 

Article  19 

Article  20 

Article  21 

Article  22 

Article  14  (moved) 

Article  15  (moved) 

Article  23 

Article  24 

Article  25 

Article  26 

Article  27 

(moved) 

PART  THREE  –  COMMUNITY  POLICIES 

PART  THREE  –  POLICIES  AND  INTERNAL 

ACTIONS  OF  THE  UNION 

Title  I  –  The  internal  market 

Title  I  –  Free  movement  of  goods 

Title  II  –  Free  movement  of  goods 

Part  Three,  Title  X,  Customs  cooperation 

Chapter  2  –  Customs  cooperation 

Article  135  (moved) 

Article  33 

Chapter  2  –  Prohibition  of  quantitative 

restrictions  between  Member  States 

Chapter  3  –  Prohibition  of  quantitative 

restrictions  between  Member  States 

Article  29 

Article  30 

Article  31 

Article  35 

Article  36 

Article  37 

Title  II  –  Agriculture 

Title  III  –  Agriculture  and  fisheries 

Article  32 

Article  33 

Article  34 

Article  35 

Article  36 

Article  37 

Article  38 

Article  38 

Article  39 

Article  40 

Article  41 

Article  42 

Article  43 

Article  44 

Title  III  –  Free  movement  of  persons,  services 
and  capital 

Title  IV  –  Free  movement  of  persons,  services 
and  capital 

Chapter  1  –  Workers 

Chapter  1  –  Workers 

Article  39 

Article  40 

Article  41 

Article  42 

Article  45 

Article  46 

Article  47 

Article  48 

Chapter  1  –  The  customs  union 

Chapter  1  –  The  customs  union 

Chapter  2  –  Right  of  establishment 

Chapter  2  –  Right  of  establishment 

Article  43 

Article  44 

Article  45 

Article  46 

Article  47 

Article  48 

Article  294  (moved) 

Article  49 

Article  50 

Article  51 

Article  52 

Article  53 

Article  54 

Article  55 

Article  28 

Article  34

Article  49 

Article  56

Chapter  3  –  Services 

Chapter  3  –  Services 

Consolidated version of the treaty on european unionTables of equivalences 
 
C  202/370 
372372

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  50 

Article  51 

Article  52 

Article  53 

Article  54 

Article  55 

Article  57 

Article  58 

Article  59 

Article  60 

Article  61 

Article  62 

Chapter  4  –  Capital  and  payments 

Chapter  4  –  Capital  and  payments 

Article  56 

Article  57 

Article  58 

Article  59 

Article  60  (moved) 

Article  63 

Article  64 

Article  65 

Article  66 

Article  75 

Title  IV  –  Visas,  asylum,  immigration  and  other 
policies  related  to  free  movement  of  persons 

Title  V  –  Area  of  freedom,  security  and  justice 

Chapter  1  –  General  provisions 

Article  61 

Article  64,  paragraph  1  (replaced) 

Article  66  (replaced) 

Article  60  (moved) 

( 33 )  Also  replaces  the  current  Article  29  TEU. 
( 34 )  Replaces  the  current  Article  36  TEU. 
( 35 )  Also  replaces  the  current  Article  33  TEU.

Article  67 ( 33 ) 

Article  68 

Article  69 

Article  70 

Article  71 ( 34 ) 

Article  72 ( 35 ) 

Article  73 

Article  74 

Article  75 

Article  76 

Consolidated TreatiesConsolidated Treaties 
C  202/370 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/371
373373

Old  numbering  of  the  Treaty  establishing  the 

New  numbering  of  the  Treaty  on  the  Func­

European  Community 

tioning  of  the  European  Union 

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Chapter  4  –  Capital  and  payments 

Chapter  4  –  Capital  and  payments 

Article  64,  paragraph  1  (replaced) 

Article  72 

Chapter  2  –  Policies  on  border  checks,  asylum 
and  immigration 

Article  62 

Article  63,  points  1  et  2,  and  Article  64, 
paragraph  2 ( 36 ) 

Article  63,  points  3  and  4 

Article  77 

Article  78 

Article  79 

Article  80 

Article  60  (moved) 

Title  IV  –  Visas,  asylum,  immigration  and  other 

Title  V  –  Area  of  freedom,  security  and  justice 

policies  related  to  free  movement  of  persons 

Chapter  1  –  General  provisions 

Article  65 

Article  66  (replaced) 

Article  67  (repealed) 

Article  68  (repealed) 

Article  69  (repealed) 

Chapter  3  –  Judicial  cooperation  in  civil 
matters 

Article  81 

Article  74 

Chapter  4  –  Judicial  cooperation  in  criminal 
matters 

Article  82 ( 37 ) 

Article  83 ( 37 ) 

Article  84 

Article  85 ( 37 ) 

Article  86 

Chapter  5  –  Police  cooperation 

Article  87 ( 38 ) 

Article  88 ( 38 ) 

Article  89 ( 39 ) 

( 36 )  Points  1  and  2  of  Article  63  EC  are  replaced  by  paragraphs  1  and  2  of  Article  78  TFEU,  and 

paragraph  2  of  Article  64  is  replaced  by  paragraph  3  of  Article  78  TFEU. 

( 37 )  Replaces  the  current  Article  31  TEU. 
( 38 )  Replaces  the  current  Article  30  TEU. 
( 39 )  Replaces  the  current  Article  32  TEU.

Article  50 

Article  51 

Article  52 

Article  53 

Article  54 

Article  55 

Article  56 

Article  57 

Article  58 

Article  59 

Article  61 

Article  64,  paragraph  1  (replaced) 

Article  66  (replaced) 

Article  60  (moved) 

( 33 )  Also  replaces  the  current  Article  29  TEU. 

( 34 )  Replaces  the  current  Article  36  TEU. 

( 35 )  Also  replaces  the  current  Article  33  TEU.

Article  57 

Article  58 

Article  59 

Article  60 

Article  61 

Article  62 

Article  63 

Article  64 

Article  65 

Article  66 

Article  75 

Article  67 ( 33 ) 

Article  68 

Article  69 

Article  70 

Article  71 ( 34 ) 

Article  72 ( 35 ) 

Article  73 

Article  74 

Article  75 

Article  76 

Consolidated version of the treaty on european unionTables of equivalences 
 
C  202/372 
374374

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Title  V  –  Transport 

Title  VI  –  Transport 

Article  70 

Article  71 

Article  72 

Article  73 

Article  74 

Article  75 

Article  76 

Article  77 

Article  78 

Article  79 

Article  80 

Article  90 

Article  91 

Article  92 

Article  93 

Article  94 

Article  95 

Article  96 

Article  97 

Article  98 

Article  99 

Article  100 

Title  VI  –  Common  rules  on  competition, 
taxation  and  approximation  of  laws 

Title  VII  –  Common  rules  on  competition, 
taxation  and  approximation  of  laws 

Chapter  1  –  Rules  on  competition 

Chapter  1  –  Rules  on  competition 

Section  1  –  Rules  applying  to  undertakings 

Section  1  –  Rules  applying  to  undertakings 

Article  81 

Article  82 

Article  83 

Article  84 

Article  85 

Article  86 

Article  101 

Article  102 

Article  103 

Article  104 

Article  105 

Article  106 

Section  2  –  Aids  granted  by  States 

Section  2  –  Aids  granted  by  States 

Article  87 

Article  88 

Article  89 

Article  107 

Article  108 

Article  109 

Chapter  2  –  Tax  provisions 

Chapter  2  –  Tax  provisions

Consolidated TreatiesConsolidated Treaties 
C  202/372 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/373
375375

Old  numbering  of  the  Treaty  establishing  the 

New  numbering  of  the  Treaty  on  the  Func­

European  Community 

tioning  of  the  European  Union 

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Title  V  –  Transport 

Title  VI  –  Transport 

Article  70 

Article  71 

Article  72 

Article  73 

Article  74 

Article  75 

Article  76 

Article  77 

Article  78 

Article  79 

Article  80 

Article  81 

Article  82 

Article  83 

Article  84 

Article  85 

Article  86 

Article  87 

Article  88 

Article  89 

Article  90 

Article  91 

Article  92 

Article  93 

Article  94 

Article  95 

Article  96 

Article  97 

Article  98 

Article  99 

Article  100 

Article  101 

Article  102 

Article  103 

Article  104 

Article  105 

Article  106 

Article  107 

Article  108 

Article  109 

Title  VI  –  Common  rules  on  competition, 

Title  VII  –  Common  rules  on  competition, 

taxation  and  approximation  of  laws 

taxation  and  approximation  of  laws 

Chapter  1  –  Rules  on  competition 

Chapter  1  –  Rules  on  competition 

Section  1  –  Rules  applying  to  undertakings 

Section  1  –  Rules  applying  to  undertakings 

Section  2  –  Aids  granted  by  States 

Section  2  –  Aids  granted  by  States 

Chapter  2  –  Tax  provisions 

Chapter  2  –  Tax  provisions

Article  90 

Article  91 

Article  92 

Article  93 

Article  110 

Article  111 

Article  112 

Article  113 

Chapter  3  –  Approximation  of  laws 

Chapter  3  –  Approximation  of  laws 

Article  95  (moved) 

Article  94  (moved) 

Article  96 

Article  97 

Article  114 

Article  115 

Article  116 

Article  117 

Article  118 

Title  VII  –  Economic  and  monetary  policy 

Title  VIII  –  Economic  and  monetary  policy 

Article  4  (moved) 

Article  119 

Chapter  1  –  Economic  policy 

Chapter  1  –  Economic  policy 

Article  98 

Article  99 

Article  100 

Article  101 

Article  102 

Article  103 

Article  104 

Article  120 

Article  121 

Article  122 

Article  123 

Article  124 

Article  125 

Article  126 

Chapter  2  –  monetary  policy 

Chapter  2  –  monetary  policy 

Article  105 

Article  106 

Article  107 

Article  108 

Article  109 

Article  110 

Article  127 

Article  128 

Article  129 

Article  130 

Article  131 

Article  132

Consolidated version of the treaty on european unionTables of equivalences 
 
C  202/374 
376376

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  111,  paragraphs  1  to  3  and  5  (moved)  Article  219 

Article  111,  paragraph  4  (moved) 

Article  138 

Article  133 

Chapter  3  –  Institutional  provisions 

Chapter  3  –  Institutional  provisions 

Article  112  (moved) 

Article  113  (moved) 

Article  114 

Article  115 

Article  283 

Article  284 

Article  134 

Article  135 

Chapter  4  –  Provisions  specific  to  Member 
States  whose  currency  is  the  euro 

Article  136 

Article  137 

Article  111,  paragraph  4  (moved) 

Article  138 

Chapter  4  –  Transitional  provisions 

Chapter  5  –  Transitional  provisions 

Article  116  (repealed) 

Article  139 

Article  117,  paragraphs  1,  2,  sixth  indent,  and 
3  to  9  (repealed) 

Article  117,  paragraph  2,  first  five  indents 
(moved) 

Article  141,  paragraph  2 

Article  121,  paragraph  1  (moved) 
Article  122,  paragraph  2,  second  sentence 
(moved) 
Article  123,  paragraph  5  (moved) 

Article  118  (repealed) 

Article  140 ( 40 ) 

Article  123,  paragraph  3  (moved) 
Article  117,  paragraph  2,  first  five  indents 
(moved) 

Article  141 ( 41 ) 

( 40 )  —  Article  140,  paragraph  1  takes  over  the  wording  of  paragraph  1  of  Article  121. 

—  Article  140,  paragraph  2  takes  over  the  second  sentence  of  paragraph  2  of  Article  122. 
—  Article  140,  paragraph  3  takes  over  paragraph  5  of  Article  123. 
( 41 )  —  Article  141,  paragraph  1  takes  over  paragraph  3  of  Article  123. 

—  Article  141,  paragraph  2  takes  over  the  first  five  indents  of  paragraph  2  of  Article  117.

Consolidated TreatiesConsolidated Treaties 
C  202/374 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/375
377377

Old  numbering  of  the  Treaty  establishing  the 

New  numbering  of  the  Treaty  on  the  Func­

European  Community 

tioning  of  the  European  Union 

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  111,  paragraphs  1  to  3  and  5  (moved)  Article  219 

Article  124,  paragraph  1  (moved) 

Article  142 

Article  111,  paragraph  4  (moved) 

Article  138 

Article  119 

Article  120 

Article  143 

Article  144 

Chapter  3  –  Institutional  provisions 

Chapter  3  –  Institutional  provisions 

Article  121,  paragraph  1  (moved) 

Article  140,  paragraph  1 

Article  121,  paragraphs  2  to  4  (repealed) 

Article  122,  paragraphs  1,  2,  first  sentence,  3, 
4,  5  and  6  (repealed) 

Article  122,  paragraph  2,  second  sentence 
(moved) 

Article  140,  paragraph  2,  first  subparagraph 

Article  123,  paragraphs  1,  2  and  4  (repealed) 

Article  123,  paragraph  3  (moved) 

Article  141,  paragraph  1 

Article  123,  paragraph  5  (moved) 

Article  140,  paragraph  3 

Article  124,  paragraph  1  (moved) 

Article  142 

Article  124,  paragraph  2  (repealed) 

Title  VIII  –  Employment 

Title  IX  –  Employment 

Article  125 

Article  126 

Article  127 

Article  128 

Article  129 

Article  130 

Article  145 

Article  146 

Article  147 

Article  148 

Article  149 

Article  150 

Title  IX  –  Common  commercial  policy  (moved)  Part  Five,  Title  II,  common  commercial  policy 

Article  131  (moved) 

Article  206 

Article  132  (repealed) 

Article  133  (moved) 

Article  207 

Article  134  (repealed) 

Title  X  –  Customs  cooperation  (moved) 

Part  Three,  Title  II,  Chapter  2,  Customs 
cooperation

Article  133 

Article  283 

Article  284 

Article  134 

Article  135 

Article  136 

Article  137 

Article  139 

Article  112  (moved) 

Article  113  (moved) 

Article  114 

Article  115 

Chapter  4  –  Provisions  specific  to  Member 

States  whose  currency  is  the  euro 

Article  111,  paragraph  4  (moved) 

Article  138 

Chapter  4  –  Transitional  provisions 

Chapter  5  –  Transitional  provisions 

Article  116  (repealed) 

Article  117,  paragraphs  1,  2,  sixth  indent,  and 

3  to  9  (repealed) 

Article  117,  paragraph  2,  first  five  indents 

Article  141,  paragraph  2 

(moved) 

(moved) 

(moved) 

Article  121,  paragraph  1  (moved) 

Article  122,  paragraph  2,  second  sentence 

Article  140 ( 40 ) 

Article  123,  paragraph  5  (moved) 

Article  118  (repealed) 

Article  123,  paragraph  3  (moved) 

Article  117,  paragraph  2,  first  five  indents 

Article  141 ( 41 ) 

( 40 )  —  Article  140,  paragraph  1  takes  over  the  wording  of  paragraph  1  of  Article  121. 

—  Article  140,  paragraph  2  takes  over  the  second  sentence  of  paragraph  2  of  Article  122. 

—  Article  140,  paragraph  3  takes  over  paragraph  5  of  Article  123. 

( 41 )  —  Article  141,  paragraph  1  takes  over  paragraph  3  of  Article  123. 

—  Article  141,  paragraph  2  takes  over  the  first  five  indents  of  paragraph  2  of  Article  117.

Consolidated version of the treaty on european unionTables of equivalences 
 
C  202/376 
378378

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  135  (moved) 

Article  33 

Title  XI  –  Social  policy,  education,  vocational 
training  and  youth 

Title  X  –  Social  policy 

Chapter  1  –  social  provisions  (repealed) 

Article  136 

Article  137 

Article  138 

Article  139 

Article  140 

Article  141 

Article  142 

Article  143 

Article  144 

Article  145 

Article  151 

Article  152 

Article  153 

Article  154 

Article  155 

Article  156 

Article  157 

Article  158 

Article  159 

Article  160 

Article  161 

Chapter  2  –  The  European  Social  Fund 

Title  XI  –  The  European  Social  Fund 

Article  146 

Article  147 

Article  148 

Article  162 

Article  163 

Article  164 

Chapter  3  –  Education,  vocational  training  and 
youth 

Title  XII  –  Education, vocational training,  youth 
and  sport 

Article  149 

Article  150 

Article  165 

Article  166 

Title  XII  –  Culture 

Title  XIII  –  Culture 

Article  151 

Article  167 

Title  XIII  –  Public  health 

Title  XIV  –  Public  health 

Article  152 

Article  168 

Title  XIV  –  Consumer  protection 

Title  XV  –  Consumer  protection

Consolidated TreatiesConsolidated Treaties 
C  202/376 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/377
379379

Old  numbering  of  the  Treaty  establishing  the 

New  numbering  of  the  Treaty  on  the  Func­

European  Community 

tioning  of  the  European  Union 

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  135  (moved) 

Article  33 

Article  153,  paragraphs  1,  3,  4  and  5 

Article  169 

Title  XI  –  Social  policy,  education,  vocational 

Title  X  –  Social  policy 

training  and  youth 

Chapter  1  –  social  provisions  (repealed) 

Article  136 

Article  137 

Article  138 

Article  139 

Article  140 

Article  141 

Article  142 

Article  143 

Article  144 

Article  145 

Article  146 

Article  147 

Article  148 

youth 

Article  149 

Article  150 

Article  151 

Article  152 

Article  153 

Article  154 

Article  155 

Article  156 

Article  157 

Article  158 

Article  159 

Article  160 

Article  161 

Article  162 

Article  163 

Article  164 

and  sport 

Article  165 

Article  166 

Chapter  3  –  Education,  vocational  training  and 

Title  XII  –  Education,  vocational  training,  youth 

Title  XII  –  Culture 

Title  XIII  –  Culture 

Article  151 

Article  167 

Title  XIII  –  Public  health 

Title  XIV  –  Public  health 

Article  152 

Article  168 

Title  XIV  –  Consumer  protection 

Title  XV  –  Consumer  protection

Article  153,  paragraph  2  (moved) 

Article  12 

Title  XV  –  Trans–European  networks 

Title  XVI  –  Trans–European  networks 

Article  154 

Article  155 

Article  156 

Article  170 

Article  171 

Article  172 

Title  XVI  –  Industry 

Title  XVII  –  Industry 

Article  157 

Article  173 

Title  XVII  –  Economic  and  social  cohesion 

Title  XVIII  –  Economic,  social  and  territorial 
cohesion 

Article  158 

Article  159 

Article  160 

Article  161 

Article  162 

Article  174 

Article  175 

Article  176 

Article  177 

Article  178 

Chapter  2  –  The  European  Social  Fund 

Title  XI  –  The  European  Social  Fund 

Title  XVIII  –  Research  and  technological  devel­
opment 

Title  XIX  –  Research  and  technological  devel­
opment  and  space 

Article  163 

Article  164 

Article  165 

Article  166 

Article  167 

Article  168 

Article  169 

Article  170 

Article  171 

Article  172 

Article  179 

Article  180 

Article  181 

Article  182 

Article  183 

Article  184 

Article  185 

Article  186 

Article  187 

Article  188 

Article  189

Consolidated version of the treaty on european unionTables of equivalences 
 
C  202/378 
380380

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  173 

Article  190 

Title  XIX  –  Environment 

Title  XX  –  Environment 

Article  174 

Article  175 

Article  176 

Article  191 

Article  192 

Article  193 

Titre  XXI  –  Energy 

Article  194 

Title  XXII  –  Tourism 

Article  195 

Title  XXIII  –  Civil  protection 

Article  196 

Title  XXIV  –  Administrative  cooperation 

Article  197 

Title  XX  –  Development  cooperation  (moved) 

Part  Five,  Title  III,  Chapter  1,  Development 
cooperation 

Article  177  (moved) 

Article  208 

Article  178  (repealed) ( 42 ) 

Article  179  (moved) 

Article  180  (moved) 

Article  181  (moved) 

Article  209 

Article  210 

Article  211 

Title  XXI  –  Economic,  financial  and  technical 
cooperation  with  third  countries  (moved) 

Part  Five,  Title  III,  Chapter  2,  Economic, 
financial  and  technical  cooperation  with  third 
countries 

Article  181a  (moved) 

Article  212 

PART  FOUR  –  ASSOCIATION  OF  THE 
OVERSEAS  COUNTRIES  AND  TERRITORIES 

PART  FOUR  –  ASSOCIATION  OF  THE 
OVERSEAS  COUNTRIES  AND  TERRITORIES 

Article  182 

Article  183 

Article  198 

Article  199 

( 42 )  Replaced,  in  substance,  by  the  second  sentence  of  the  second  subparagraph  of  paragraph  1  of 

Article  208  TFEU.

Consolidated TreatiesConsolidated Treaties 
C  202/378 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/379
381381

Old  numbering  of  the  Treaty  establishing  the 

New  numbering  of  the  Treaty  on  the  Func­

European  Community 

tioning  of  the  European  Union 

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  173 

Article  190 

Title  XIX  –  Environment 

Title  XX  –  Environment 

Article  174 

Article  175 

Article  176 

Article  191 

Article  192 

Article  193 

Titre  XXI  –  Energy 

Article  194 

Title  XXII  –  Tourism 

Article  195 

Title  XXIII  –  Civil  protection 

Title  XXIV  –  Administrative  cooperation 

Title  XX  –  Development  cooperation  (moved) 

Part  Five,  Title  III,  Chapter  1,  Development 

Article  196 

Article  197 

cooperation 

Article  208 

Article  209 

Article  210 

Article  211 

countries 

Article  212 

Article  198 

Article  199 

Article  177  (moved) 

Article  178  (repealed) ( 42 ) 

Article  179  (moved) 

Article  180  (moved) 

Article  181  (moved) 

Article  181a  (moved) 

Article  182 

Article  183 

Article  208  TFEU.

PART  FOUR  –  ASSOCIATION  OF  THE 

PART  FOUR  –  ASSOCIATION  OF  THE 

OVERSEAS  COUNTRIES  AND  TERRITORIES 

OVERSEAS  COUNTRIES  AND  TERRITORIES 

Article  184 

Article  185 

Article  186 

Article  187 

Article  188 

Article  200 

Article  201 

Article  202 

Article  203 

Article  204 

PART  FIVE  –  THE  UNION'S  EXTERNAL 
ACTION 

Title  I  –  General  provisions  on  the  Union's 
external  action 

Article  205 

Part  Three,  Title  IX,  Common  commercial 
policy  (moved) 

Title  II  –  Common  commercial  policy 

Article  131  (moved) 

Article  133  (moved) 

Article  206 

Article  207 

Title III  –  Cooperation with third  countries and 
humanitarian  aid 

Part  Three,  Title  XX,  Development  cooperation 
(moved) 

Chapter  1  –  development  cooperation 

Article  177  (moved) 

Article  179  (moved) 

Article  180  (moved) 

Article  181  (moved) 

Article  208 ( 43 ) 

Article  209 

Article  210 

Article  211 

Title  XXI  –  Economic,  financial  and  technical 

Part  Five,  Title  III,  Chapter  2,  Economic, 

cooperation  with  third  countries  (moved) 

financial  and  technical  cooperation  with  third 

Part  Three,  Title  XXI,  Economic,  financial  and 
technical  cooperation  with  third  countries 
(moved) 

Chapter  2  –  Economic,  financial  and  technical 
cooperation  with  third  countries 

( 42 )  Replaced,  in  substance,  by  the  second  sentence  of  the  second  subparagraph  of  paragraph  1  of 

( 43 )  The  second  sentence  of  the  second  subparagraph  of  paragraph  1  replaces,  in  substance,  Article  178 

TEC.

Article  181a  (moved) 

Article  212 

Article  213 

Chapter  3  –  Humanitarian  aid 

Article  214 

Title  IV  –  Restrictive  measures 

Consolidated version of the treaty on european unionTables of equivalences 
 
C  202/380 
382382

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  301  (replaced) 

Article  215 

Article  310  (moved) 

Article  300  (replaced) 

Title  V  –  International  agreements 

Article  216 

Article  217 

Article  218 

Article  111,  paragraphs  1  to  3  and  5  (moved)  Article  219 

Articles  302  to  304  (replaced) 

Title  VI  –  The  Union's  relations  with  inter­
national  organisations  and  third  countries  and 
the  Union  delegations 

Article  220 

Article  221 

Title  VII  –  Solidarity  clause 

Article  222 

PART  FIVE  –  INSTITUTIONS  OF  THE 
COMMUNITY 

PART  SIX  –  INSTITUTIONAL  AND 
FINANCIAL  PROVISIONS 

Title  I  –  Institutional  provisions 

Title  I  –  Institutional  provisions 

Chapter  1  –  The  institutions 

Chapter  1  –  The  institutions 

Section  1  –  The  European  Parliament 

Section  1  –  The  European  Parliament 

Article  189  (repealed) ( 44 ) 

Article  190,  paragraphs  1  to  3  (repealed) ( 45 ) 

Article  190,  paragraphs  4  and  5 

Article  223 

Article  191,  first  paragraph  (repealed) ( 46 ) 

Article  191,  second  paragraph 

Article  224 

Article  192,  first  paragraph  (repealed) ( 47 ) 

Article  192,  second  paragraph 

Article  193 

Article  225 

Article  226 

( 44 )  Replaced,  in  substance,  by  Article  14,  paragraphs  1  and  2,  TEU. 
( 45 )  Replaced,  in  substance,  by  Article  14,  paragraphs  1  to  3,  TEU. 
( 46 )  Replaced,  in  substance,  by  Article  11,  paragraph  4,  TEU. 
( 47 )  Replaced,  in  substance,  by  Article  14,  paragraph  1,  TEU.

Consolidated TreatiesConsolidated Treaties 
C  202/380 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/381
383383

Old  numbering  of  the  Treaty  establishing  the 

New  numbering  of  the  Treaty  on  the  Func­

European  Community 

tioning  of  the  European  Union 

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  301  (replaced) 

Article  215 

Title  V  –  International  agreements 

Article  216 

Article  217 

Article  218 

Article  310  (moved) 

Article  300  (replaced) 

Article  111,  paragraphs  1  to  3  and  5  (moved)  Article  219 

Articles  302  to  304  (replaced) 

Title  VI  –  The  Union's  relations  with  inter­

national  organisations  and  third  countries  and 

the  Union  delegations 

Article  220 

Article  221 

Article  222 

Title  VII  –  Solidarity  clause 

Article  194 

Article  195 

Article  196 

Article  227 

Article  228 

Article  229 

Article  197,  first  paragraph  (repealed) ( 48 ) 

Article  197,  second,  third  and  fourth  para­
graphs 

Article  230 

Article  198 

Article  199 

Article  200 

Article  201 

Article  231 

Article  232 

Article  233 

Article  234 

Section  2  –  The  European  Council 

Article  235 

Article  236 

PART  FIVE  –  INSTITUTIONS  OF  THE 

PART  SIX  –  INSTITUTIONAL  AND 

COMMUNITY 

FINANCIAL  PROVISIONS 

Title  I  –  Institutional  provisions 

Title  I  –  Institutional  provisions 

Chapter  1  –  The  institutions 

Chapter  1  –  The  institutions 

Section  2  –  The  Council 

Section  3  –  The  Council 

Article  202  (repealed) ( 49 ) 

Article  203  (repealed) ( 50 ) 

Section  1  –  The  European  Parliament 

Section  1  –  The  European  Parliament 

Article  204 

Article  237 

Article  189  (repealed) ( 44 ) 

Article  190,  paragraphs  1  to  3  (repealed) ( 45 ) 

Article  190,  paragraphs  4  and  5 

Article  223 

Article  191,  first  paragraph  (repealed) ( 46 ) 

Article  191,  second  paragraph 

Article  224 

Article  192,  first  paragraph  (repealed) ( 47 ) 

Article  192,  second  paragraph 

Article  193 

Article  225 

Article  226 

( 44 )  Replaced,  in  substance,  by  Article  14,  paragraphs  1  and  2,  TEU. 

( 45 )  Replaced,  in  substance,  by  Article  14,  paragraphs  1  to  3,  TEU. 

( 46 )  Replaced,  in  substance,  by  Article  11,  paragraph  4,  TEU. 

( 47 )  Replaced,  in  substance,  by  Article  14,  paragraph  1,  TEU.

Article  205,  paragraphs  2  and  4  (repealed) ( 51 ) 

Article  205,  paragraphs  1  and  3 

Article  238 

Article  206 

Article  207 

Article  208 

Article  209 

Article  210 

Article  239 

Article  240 

Article  241 

Article  242 

Article  243 

Section  3  –  The  Commission 

Section  4  –  The  Commission 

( 48 )  Replaced,  in  substance,  by  Article  14,  paragraph  4,  TEU. 
( 49 )  Replaced,  in  substance,  by  Article  16,  paragraph  1,  TEU  and  by  Articles  290  and  291  TFEU. 
( 50 )  Replaced,  in  substance,  by  Article  16,  paragraphs  2  and  9  TEU. 
( 51 )  Replaced,  in  substance,  by  Article  16,  paragraphs  4  and  5  TEU.

Consolidated version of the treaty on european unionTables of equivalences 
 
C  202/382 
384384

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  211  (repealed) ( 52 ) 

Article  244 

Article  212  (moved) 

Article  249,  paragraph  2 

Article  213 

Article  245 

Article  214  (repealed) ( 53 ) 

Article  215 

Article  216 

Article  217,  paragraphs  1,  3  and  4 
(repealed) ( 54 ) 

Article  246 

Article  247 

Article  217,  paragraph  2 

Article  248 

Article  218,  paragraph  1  (repealed) ( 55 ) 

Article  218,  paragraph  2 

Article  219 

Section  4  –  The  Court  of  Justice 

Article  220  (repealed) ( 56 ) 

Article  221,  first  paragraph  (repealed) ( 57 ) 

Article  249 

Article  250 

Section  5  –  The  Court  of  Justice  of  the 
European  Union 

Article  221,  second  and  third  paragraphs 

Article  251 

Article  222 

Article  223 

Article  224 ( 58 ) 

Article  225 

Article  225a 

Article  252 

Article  253 

Article  254 

Article  255 

Article  256 

Article  257 

( 52 )  Replaced,  in  substance,  by  Article  17,  paragraph  1  TEU. 
( 53 )  Replaced,  in  substance,  by  Article  17,  paragraphs  3  and  7  TEU. 
( 54 )  Replaced,  in  substance,  by  Article  17,  paragraph  6,  TEU. 
( 55 )  Replaced,  in  substance,  by  Article  295  TFEU. 
( 56 )  Replaced,  in  substance,  by  Article  19  TEU. 
( 57 )  Replaced,  in  substance,  by  Article  19,  paragraph  2,  first  subparagraph,  of  the  TEU. 
( 58 )  The  first  sentence  of  the  first  subparagraph  is  replaced,  in  substance,  by  Article  19,  paragraph  2, 

second  subparagraph  of  the  TEU.

Consolidated TreatiesConsolidated Treaties 
C  202/382 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/383
385385

Old  numbering  of  the  Treaty  establishing  the 

New  numbering  of  the  Treaty  on  the  Func­

European  Community 

tioning  of  the  European  Union 

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  212  (moved) 

Article  249,  paragraph  2 

Article  213 

Article  245 

Article  211  (repealed) ( 52 ) 

Article  214  (repealed) ( 53 ) 

Article  215 

Article  216 

Article  217,  paragraphs  1,  3  and  4 

(repealed) ( 54 ) 

Article  217,  paragraph  2 

Article  248 

Article  218,  paragraph  1  (repealed) ( 55 ) 

Article  218,  paragraph  2 

Article  219 

Article  220  (repealed) ( 56 ) 

Article  221,  first  paragraph  (repealed) ( 57 ) 

Article  221,  second  and  third  paragraphs 

Article  251 

Section  4  –  The  Court  of  Justice 

Section  5  –  The  Court  of  Justice  of  the 

Article  244 

Article  246 

Article  247 

Article  249 

Article  250 

European  Union 

Article  252 

Article  253 

Article  254 

Article  255 

Article  256 

Article  257 

Article  222 

Article  223 

Article  224 ( 58 ) 

Article  225 

Article  225a 

( 52 )  Replaced,  in  substance,  by  Article  17,  paragraph  1  TEU. 

( 53 )  Replaced,  in  substance,  by  Article  17,  paragraphs  3  and  7  TEU. 

( 54 )  Replaced,  in  substance,  by  Article  17,  paragraph  6,  TEU. 

( 55 )  Replaced,  in  substance,  by  Article  295  TFEU. 

( 56 )  Replaced,  in  substance,  by  Article  19  TEU. 

( 57 )  Replaced,  in  substance,  by  Article  19,  paragraph  2,  first  subparagraph,  of  the  TEU. 

( 58 )  The  first  sentence  of  the  first  subparagraph  is  replaced,  in  substance,  by  Article  19,  paragraph  2, 

second  subparagraph  of  the  TEU.

Article  226 

Article  227 

Article  228 

Article  229 

Article  229a 

Article  230 

Article  231 

Article  232 

Article  233 

Article  234 

Article  235 

Article  236 

Article  237 

Article  238 

Article  239 

Article  240 

Article  241 

Article  242 

Article  243 

Article  244 

Article  245 

Article  258 

Article  259 

Article  260 

Article  261 

Article  262 

Article  263 

Article  264 

Article  265 

Article  266 

Article  267 

Article  268 

Article  269 

Article  270 

Article  271 

Article  272 

Article  273 

Article  274 

Article  275 

Article  276 

Article  277 

Article  278 

Article  279 

Article  280 

Article  281 

Section  6  –  The  European  Central  Bank 

Article  112  (moved) 

Article  282 

Article  283

Consolidated version of the treaty on european unionTables of equivalences 
 
C  202/384 
386386

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  113  (moved) 

Article  284 

Section  5  –  The  Court  of  Auditors 

Section  7  –  The  Court  of  Auditors 

Article  246 

Article  247 

Article  248 

Article  285 

Article  286 

Article  287 

Chapter  2  –  Provisions  common  to  several 
institutions 

Chapter  2  –  Legal  acts  of  the  Union,  adoption 
procedures  and  other  provisions 

Section  1  –  The  legal  acts  of  the  Union 

Article  249 

Article  250 

Article  251 

Article  252  (repealed) 

Article  253 

Article  254 

Article  255  (moved) 

Article  256 

Article  288 

Article  289 

Article  290 ( 59 ) 

Article  291 ( 59 ) 

Article  292 

Section  2  –  Procedures  for  the  adoption  of  acts 
and  other  provisions 

Article  293 

Article  294 

Article  295 

Article  296 

Article  297 

Article  298 

Article  15 

Article  299 

Chapter  3  –  The  Union's  advisory  bodies 

Article  300 

Chapter  3  –  The  Economic  and  Social 
Committee 

Section  1  –  The  Economic  and  Social 
Committee 

( 59 )  Replaces,  in  substance,  the  third  indent  of  Article  202  TEC.

Consolidated TreatiesConsolidated Treaties 
C  202/384 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/385
387387

Old  numbering  of  the  Treaty  establishing  the 

New  numbering  of  the  Treaty  on  the  Func­

European  Community 

tioning  of  the  European  Union 

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  113  (moved) 

Article  284 

Article  257  (repealed) ( 60 ) 

Article  246 

Article  247 

Article  248 

institutions 

Article  249 

Article  250 

Article  251 

Article  252  (repealed) 

Article  253 

Article  254 

Article  255  (moved) 

Article  256 

Section  5  –  The  Court  of  Auditors 

Section  7  –  The  Court  of  Auditors 

Chapter  2  –  Provisions  common  to  several 

Chapter  2  –  Legal  acts  of  the  Union,  adoption 

procedures  and  other  provisions 

Section  1  –  The  legal  acts  of  the  Union 

Article  285 

Article  286 

Article  287 

Article  288 

Article  289 

Article  290 ( 59 ) 

Article  291 ( 59 ) 

Article  292 

Article  293 

Article  294 

Article  295 

Article  296 

Article  297 

Article  298 

Article  15 

Article  299 

Article  300 

Committee 

Section  2  –  Procedures  for  the  adoption  of  acts 

and  other  provisions 

Chapter  3  –  The  Union's  advisory  bodies 

Article  258,  first,  second  and  fourth  para­
graphs 

Article  301 

Article  258,  third  paragraph  (repealed) ( 61 ) 

Article  259 

Article  260 

Article  261  (repealed) 

Article  302 

Article  303 

Article  262 

Article  304 

Chapter  4  –  The  Committee  of  the  Regions 

Section  2  –  The  Committee  of  the  Regions 

Article  263,  first  and  fifth  paragraphs 
(repealed) ( 62 ) 

Article  263,  second  to  fourth  paragraphs 

Article  305 

Article  264 

Article  265 

Article  306 

Article  307 

Chapter  5  –  The  European  Investment  Bank 

Chapter  4  –  The  European  Investment  Bank 

Article  266 

Article  267 

Article  308 

Article  309 

Title  II  –  Financial  provisions 

Title  II  –  Financial  provisions 

Article  268 

Article  310 

Chapter  1  –  The  Union's  own  resources 

Article  269 

Article  311 

Article  270  (repealed) ( 63 ) 

Chapter  2  –  The  multiannual  financial 
framework 

Article  312 

Chapter  3  –  The  Union's  annual  budget 

Chapter  3  –  The  Economic  and  Social 

Section  1  –  The  Economic  and  Social 

Committee 

( 59 )  Replaces,  in  substance,  the  third  indent  of  Article  202  TEC.

( 60 )  Replaced,  in  substance,  by  Article  300,  paragraph  2  of  the  TFEU. 
( 61 )  Replaced,  in  substance,  by  Article  300,  paragraph  4  of  the  TFEU. 
( 62 )  Replaced,  in  substance,  by  Article  300,  paragraphs  3  and  4,  TFEU. 
( 63 )  Replaced,  in  substance,  by  Article  310,  paragraph  4,  TFEU.

Consolidated version of the treaty on european unionTables of equivalences 
 
C  202/386 
388388

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  272,  paragraph  1  (moved) 

Article  313 

Article  271  (moved) 

Article  316 

Article  272,  paragraph  1  (moved) 

Article  313 

Article  272,  paragraphs  2  to  10 

Article  314 

Article  273 

Article  271  (moved) 

Article  315 

Article  316 

Article  274 

Article  275 

Article  276 

Article  277 

Article  278 

Article  279 

Chapter  4  –  Implementation  of  the  budget  and 
discharge 

Article  317 

Article  318 

Article  319 

Chapter  5  –  Common  provisions 

Article  320 

Article  321 

Article  322 

Article  323 

Article  324 

Article  280 

Article  325 

Chapter  6  –  Combating  fraud 

Title  III  –  Enhanced  cooperation 

Articles  11  and  11a  (replaced) 

Articles  11  and  11a  (replaced) 

Articles  11  and  11a  (replaced) 

Articles  11  and  11a  (replaced) 

Articles  11  and  11a  (replaced) 

Articles  11  and  11a  (replaced) 

Articles  11  and  11a  (replaced) 

Article  326 ( 64 ) 

Article  327 ( 64 ) 

Article  328 ( 64 ) 

Article  329 ( 64 ) 

Article  330 ( 64 ) 

Article  331 ( 64 ) 

Article  332 ( 64 ) 

( 64 )  Also  replaces  the  current  Articles  27a  to  27e,  40  to  40b,  and  43  to  45  TEU.

Consolidated TreatiesConsolidated Treaties 
C  202/386 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/387
389389

Old  numbering  of  the  Treaty  establishing  the 

New  numbering  of  the  Treaty  on  the  Func­

European  Community 

tioning  of  the  European  Union 

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  272,  paragraph  1  (moved) 

Article  313 

Article  271  (moved) 

Article  316 

Article  272,  paragraph  1  (moved) 

Article  313 

Article  272,  paragraphs  2  to  10 

Article  314 

Article  273 

Article  271  (moved) 

Chapter  4  –  Implementation  of  the  budget  and 

Chapter  5  –  Common  provisions 

Article  315 

Article  316 

discharge 

Article  317 

Article  318 

Article  319 

Article  320 

Article  321 

Article  322 

Article  323 

Article  324 

Article  326 ( 64 ) 

Article  327 ( 64 ) 

Article  328 ( 64 ) 

Article  329 ( 64 ) 

Article  330 ( 64 ) 

Article  331 ( 64 ) 

Article  332 ( 64 ) 

Article  274 

Article  275 

Article  276 

Article  277 

Article  278 

Article  279 

Articles  11  and  11a  (replaced) 

Articles  11  and  11a  (replaced) 

Articles  11  and  11a  (replaced) 

Articles  11  and  11a  (replaced) 

Articles  11  and  11a  (replaced) 

Articles  11  and  11a  (replaced) 

Articles  11  and  11a  (replaced) 

Article  280 

Article  325 

Chapter  6  –  Combating  fraud 

Title  III  –  Enhanced  cooperation 

( 64 )  Also  replaces  the  current  Articles  27a  to  27e,  40  to  40b,  and  43  to  45  TEU.

Articles  11  and  11a  (replaced) 

Articles  11  and  11a  (replaced) 

Article  333 ( 64 ) 

Article  334 ( 64 ) 

PART  SIX  –  GENERAL  AND  FINAL  PROVI­
SIONS 

PART  SEVEN  –  GENERAL  AND  FINAL 
PROVISIONS 

Article  281  (repealed) ( 65 ) 

Article  282 

Article  283 

Article  284 

Article  285 

Article  286  (replaced) 

Article  287 

Article  288 

Article  289 

Article  290 

Article  291 

Article  292 

Article  293  (repealed) 

Article  294  (moved) 

Article  295 

Article  296 

Article  297 

Article  298 

Article  335 

Article  336 

Article  337 

Article  338 

Article  16 

Article  339 

Article  340 

Article  341 

Article  342 

Article  343 

Article  344 

Article  55 

Article  345 

Article  346 

Article  347 

Article  348 

Article  299,  paragraph  1  (repealed) ( 66 ) 

Article  299,  paragraph  2,  second,  third  and 
fourth  subparagraphs 

Article  349 

Article  299,  paragraph  2,  first  subparagraph, 
and  paragraphs  3  to  6  (moved) 

Article  355 

( 64 )  Also  replaces  the  current  Articles  27a  to  27e,  40  to  40b,  and  43  to  45  TEU. 
( 65 )  Replaced,  in  substance,  by  Article  47  TEU. 
( 66 )  Replaced,  in  substance  by  Article  52  TEU.

Consolidated version of the treaty on european unionTables of equivalences 
 
C  202/388 
390390

EN 

Official Journal of the European Union 

7.6.2016

Old  numbering  of  the  Treaty  establishing  the 
European  Community 

New  numbering  of  the  Treaty  on  the  Func­
tioning  of  the  European  Union 

Article  300  (replaced) 

Article  301  (replaced) 

Article  302  (replaced) 

Article  303  (replaced) 

Article  304  (replaced) 

Article  305  (repealed) 

Article  306 

Article  307 

Article  308 

Article  309 

Article  310  (moved) 

Article  311  (repealed) ( 67 ) 

Article  218 

Article  215 

Article  220 

Article  220 

Article  220 

Article  350 

Article  351 

Article  352 

Article  353 

Article  354 

Article  217 

Article  299,  paragraph  2,first  subparagraph, 
and  paragraphs  3  to  6  (moved) 

Article  355 

Article  312 

Final  Provisions 

Article  313 

Article  314  (repealed) ( 68 ) 

( 67 )  Replaced,  in  substance  by  Article  51  TEU. 
( 68 )  Replaced,  in  substance  by  Article  55  TEU.

Article  356 

Article  357 

Article  358 

Consolidated TreatiesConsolidated Treaties 
C  202/388 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/389

Old  numbering  of  the  Treaty  establishing  the 

New  numbering  of  the  Treaty  on  the  Func­

European  Community 

tioning  of  the  European  Union 

Article  300  (replaced) 

Article  301  (replaced) 

Article  302  (replaced) 

Article  303  (replaced) 

Article  304  (replaced) 

Article  305  (repealed) 

Article  306 

Article  307 

Article  308 

Article  309 

Article  310  (moved) 

Article  311  (repealed) ( 67 ) 

Article  312 

Final  Provisions 

Article  313 

Article  299,  paragraph  2,first  subparagraph, 

Article  355 

and  paragraphs  3  to  6  (moved) 

Article  314  (repealed) ( 68 ) 

( 67 )  Replaced,  in  substance  by  Article  51  TEU. 

( 68 )  Replaced,  in  substance  by  Article  55  TEU.

Article  218 

Article  215 

Article  220 

Article  220 

Article  220 

Article  350 

Article  351 

Article  352 

Article  353 

Article  354 

Article  217 

Article  356 

Article  357 

Article  358 

CHARTER  OF  FUNDAMENTAL  RIGHTS  OF  THE 
EUROPEAN  UNION 

(2016/C  202/02)

 
 
 093/202 C

EN 

 noinU naeporuE eht fo lanruoJ laiciffO

6102.6.7

Table  of  Contents 

PREAMBLE 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  I 

DIGNITY  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  II 

FREEDOMS  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  III 

EQUALITY 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

TITLE  IV 

SOLIDARITY  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

Page 

395

396

397

399

401

TITLE  V 

CITIZENS'  RIGHTS 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

403 

TITLE  VI 

JUSTICE 

.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

405

TITLE  VII  GENERAL  PROVISIONS  GOVERNING  THE 

INTERPRETATION  AND 
APPLICATION  OF  THE  CHARTER  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 

406

 
7.6.2016 

EN 

Official Journal of the European Union 

C  202/393
395395

The  European  Parliament,  the  Council  and  the  Commission  solemnly  proclaim  the  following  text  as 
the  Charter  of  Fundamental  Rights  of  the  European  Union. 

CHARTER  OF  FUNDAMENTAL  RIGHTS  OF  THE  EUROPEAN  UNION 

The  peoples  of  Europe, in  creating  an  ever  closer  union  among  them,  are  resolved  to  share a  peaceful 
future  based  on  common  values. 

Preamble 

Conscious of  its  spiritual and  moral heritage, the  Union  is founded  on  the  indivisible, universal values 
of  human  dignity,  freedom,  equality  and  solidarity; it  is  based  on  the  principles  of  democracy  and  the 
rule  of  law.  It  places  the  individual  at  the  heart  of  its  activities,  by  establishing  the  citizenship  of  the 
Union  and  by  creating  an  area  of  freedom,  security  and  justice. 

The  Union  contributes  to  the  preservation  and  to  the  development  of  these  common  values  while 
respecting  the  diversity  of  the  cultures  and  traditions  of  the  peoples  of  Europe  as  well  as  the  national 
identities  of  the  Member  States  and  the  organisation  of  their  public  authorities  at  national,  regional 
and  local  levels;  it  seeks  to  promote  balanced  and  sustainable  development  and  ensures  free 
movement  of  persons,  services,  goods  and  capital,  and  the  freedom  of  establishment. 

To  this  end,  it  is  necessary  to  strengthen  the  protection  of  fundamental  rights  in  the  light  of  changes 
in  society, social  progress and  scientific and  technological developments  by  making  those  rights  more 
visible  in  a  Charter. 

This  Charter  reaffirms,  with  due  regard  for  the  powers  and  tasks  of  the  Union  and  for  the  principle 
of  subsidiarity,  the  rights  as  they  result,  in  particular,  from  the  constitutional  traditions  and  inter­
national  obligations  common  to  the  Member  States,  the  European  Convention  for  the  Protection  of 
Human  Rights  and  Fundamental  Freedoms,  the  Social  Charters  adopted  by  the  Union  and  by  the 
Council  of  Europe  and  the  case-law  of  the  Court  of  Justice  of  the  European  Union  and  of  the 
European  Court  of  Human  Rights.  In  this  context  the  Charter  will  be  interpreted  by  the  courts  of 
the  Union  and  the  Member  States  with  due  regard  to  the  explanations  prepared  under  the  authority 
of  the  Praesidium  of  the  Convention  which  drafted  the  Charter  and  updated  under  the  responsibility 
of  the  Praesidium  of  the  European  Convention. 

Enjoyment  of  these  rights  entails  responsibilities  and  duties  with  regard  to  other  persons,  to  the 
human  community  and  to  future  generations. 

The  Union  therefore  recognises  the  rights,  freedoms  and  principles  set  out  hereafter.

Consolidated version of the treaty on european unionCharter of fundamental rights of the european union 
C  202/394 
396396

EN 

Official Journal of the European Union 

7.6.2016

TITLE  I 

DIGNITY 

Article  1 

Human  dignity 

Human  dignity  is  inviolable.  It  must  be  respected  and  protected. 

Article  2 

Right  to  life 

1. 

Everyone  has  the  right  to  life. 

2.  No  one  shall  be  condemned  to  the  death  penalty,  or  executed. 

Article  3 

Right  to  the  integrity  of  the  person 

1. 

Everyone  has  the  right  to  respect  for  his  or  her  physical  and  mental  integrity. 

2. 

In  the  fields  of  medicine  and  biology,  the  following  must  be  respected  in  particular: 

(a)  the  free  and  informed  consent  of  the  person  concerned,  according  to  the  procedures  laid  down 

by  law; 

(b)  the  prohibition  of  eugenic  practices,  in  particular  those  aiming  at  the  selection  of  persons; 

(c)  the  prohibition  on  making  the  human  body  and  its  parts  as  such  a  source  of  financial  gain; 

(d)  the  prohibition  of  the  reproductive  cloning  of  human  beings. 

Prohibition  of  torture  and  inhuman  or  degrading  treatment  or  punishment 

No  one  shall  be  subjected  to  torture  or  to  inhuman  or  degrading  treatment  or  punishment. 

Article  4 

Article  5 

Prohibition  of  slavery  and  forced  labour 

1.  No  one  shall  be  held  in  slavery  or  servitude. 

2.  No  one  shall  be  required  to  perform  forced  or  compulsory  labour. 

3. 

Trafficking  in  human  beings  is  prohibited.

Consolidated TreatiesCharter of fundamental rights of the european union 
C  202/394 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/395
397397

TITLE  I 

DIGNITY 

Article  1 

Human  dignity 

Article  2 

Right  to  life 

TITLE  II 

FREEDOMS 

Article  6 

Right  to  liberty  and  security 

Human  dignity  is  inviolable.  It  must  be  respected  and  protected. 

Everyone  has  the  right  to  liberty  and  security  of  person. 

1. 

Everyone  has  the  right  to  life. 

2.  No  one  shall  be  condemned  to  the  death  penalty,  or  executed. 

Article  3 

Right  to  the  integrity  of  the  person 

Article  7 

Respect  for  private  and  family  life 

Everyone  has  the  right  to  respect  for  his  or  her  private  and  family  life,  home  and  communications. 

Article  8 

Protection  of  personal  data 

1. 

Everyone  has  the  right  to  respect  for  his  or  her  physical  and  mental  integrity. 

1. 

Everyone  has  the  right  to  the  protection  of  personal  data  concerning  him  or  her. 

2. 

In  the  fields  of  medicine  and  biology,  the  following  must  be  respected  in  particular: 

(a)  the  free  and  informed  consent  of  the  person  concerned,  according  to  the  procedures  laid  down 

by  law; 

Such  data  must  be  processed  fairly for  specified purposes  and  on  the  basis  of  the  consent  of  the 
2. 
person  concerned  or  some  other  legitimate  basis  laid  down  by  law.  Everyone  has  the  right  of  access 
to  data  which  has  been  collected  concerning  him  or  her,  and  the  right  to  have  it  rectified. 

(b)  the  prohibition  of  eugenic  practices,  in  particular  those  aiming  at  the  selection  of  persons; 

3. 

Compliance  with  these  rules  shall  be  subject  to  control  by  an  independent  authority. 

(c)  the  prohibition  on  making  the  human  body  and  its  parts  as  such  a  source  of  financial  gain; 

(d)  the  prohibition  of  the  reproductive  cloning  of  human  beings. 

Prohibition  of  torture  and  inhuman  or  degrading  treatment  or  punishment 

No  one  shall  be  subjected  to  torture  or  to  inhuman  or  degrading  treatment  or  punishment. 

Article  4 

Article  5 

1.  No  one  shall  be  held  in  slavery  or  servitude. 

Prohibition  of  slavery  and  forced  labour 

2.  No  one  shall  be  required  to  perform  forced  or  compulsory  labour. 

3. 

Trafficking  in  human  beings  is  prohibited.

Article  9 

Right  to  marry  and  right  to  found  a  family 

The  right  to  marry  and  the  right  to  found  a  family  shall  be  guaranteed  in  accordance  with  the 
national  laws  governing  the  exercise  of  these  rights. 

Article  10 

Freedom  of  thought,  conscience  and  religion 

1. 
Everyone  has  the  right  to  freedom  of  thought,  conscience  and  religion.  This  right  includes 
freedom  to  change  religion  or  belief  and  freedom,  either  alone  or  in  community  with  others  and  in 
public  or  in  private,  to  manifest  religion  or  belief,  in  worship,  teaching,  practice  and  observance. 

The  right  to  conscientious  objection  is  recognised,  in  accordance  with  the  national  laws 

2. 
governing  the  exercise  of  this  right.

Consolidated version of the treaty on european unionCharter of fundamental rights of the european union 
 
C  202/396 
398398

EN 

Official Journal of the European Union 

7.6.2016

Article  11 

Freedom  of  expression  and  information 

1. 
Everyone  has  the  right  to  freedom  of  expression.  This  right  shall  include  freedom  to  hold 
opinions  and  to  receive  and  impart  information  and  ideas  without  interference  by  public  authority 
and  regardless  of  frontiers. 

2. 

The  freedom  and  pluralism  of  the  media  shall  be  respected. 

Article  12 

Freedom  of  assembly  and  of  association 

1. 
Everyone  has  the  right  to  freedom  of  peaceful  assembly  and  to  freedom  of  association  at  all 
levels,  in  particular  in  political,  trade  union  and  civic  matters,  which  implies  the  right  of  everyone  to 
form  and  to  join  trade  unions  for  the  protection  of  his  or  her  interests. 

Political  parties  at  Union  level  contribute  to  expressing  the  political  will  of  the  citizens  of 

2. 
the  Union. 

Article  13 

Freedom  of  the  arts  and  sciences 

The  arts  and  scientific  research  shall  be  free  of  constraint.  Academic  freedom  shall  be  respected. 

Article  14 

Right  to  education 

1. 

Everyone  has  the  right  to  education  and  to  have  access  to  vocational  and  continuing  training. 

2. 

This  right  includes  the  possibility  to  receive  free  compulsory  education. 

3. 
The  freedom  to  found  educational  establishments  with  due  respect  for  democratic  principles 
and  the  right  of  parents  to  ensure  the  education  and  teaching  of  their  children  in  conformity  with 
their  religious,  philosophical  and  pedagogical  convictions  shall  be  respected,  in  accordance  with  the 
national  laws  governing  the  exercise  of  such  freedom  and  right. 

Article  15 

Freedom  to  choose  an  occupation  and  right  to  engage  in  work 

1. 

Everyone  has the  right  to  engage  in  work  and  to  pursue a  freely chosen  or  accepted  occupation. 

Every  citizen  of  the  Union  has  the  freedom  to  seek  employment,  to  work,  to  exercise  the  right 

2. 
of  establishment  and  to  provide  services  in  any  Member  State. 

3.  Nationals  of  third  countries  who  are  authorised  to  work  in  the  territories  of  the  Member  States 
are  entitled  to  working  conditions  equivalent  to  those  of  citizens  of  the  Union.

Consolidated TreatiesCharter of fundamental rights of the european union 
C  202/396 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/397
399399

Article  11 

Freedom  of  expression  and  information 

Article  16 

Freedom  to  conduct  a  business 

1. 

Everyone  has  the  right  to  freedom  of  expression.  This  right  shall  include  freedom  to  hold 

opinions  and  to  receive  and  impart  information  and  ideas  without  interference  by  public  authority 

The  freedom  to  conduct  a  business  in  accordance  with  Union  law  and  national  laws  and  practices 
is  recognised. 

and  regardless  of  frontiers. 

2. 

The  freedom  and  pluralism  of  the  media  shall  be  respected. 

Article  12 

Freedom  of  assembly  and  of  association 

1. 

Everyone  has  the  right  to  freedom  of  peaceful  assembly  and  to  freedom  of  association  at  all 

levels,  in  particular  in  political,  trade  union  and  civic  matters,  which  implies  the  right  of  everyone  to 

form  and  to  join  trade  unions  for  the  protection  of  his  or  her  interests. 

Article  17 

Right  to  property 

Everyone  has  the  right  to  own,  use,  dispose  of  and  bequeath  his  or  her  lawfully  acquired 
1. 
possessions.  No  one  may  be  deprived  of  his  or  her  possessions,  except  in  the  public  interest  and 
in  the  cases and  under  the  conditions  provided  for  by  law, subject  to  fair compensation  being  paid  in 
good  time  for  their loss.  The  use  of  property  may  be  regulated  by  law  in  so  far  as  is  necessary for  the 
general  interest. 

2. 

Political  parties  at  Union  level  contribute  to  expressing  the  political  will  of  the  citizens  of 

the  Union. 

2. 

Intellectual  property  shall  be  protected. 

Article  18 

Right  to  asylum 

The  right  to  asylum  shall  be  guaranteed  with  due  respect  for  the  rules  of  the  Geneva  Convention 
of  28  July  1951  and  the  Protocol  of  31  January  1967  relating  to  the  status  of  refugees  and  in 
accordance  with  the  Treaty  on  European  Union  and  the  Treaty  on  the  Functioning  of  the 
European  Union  (hereinafter  referred  to  as  'the  Treaties'). 

Article  19 

Protection  in  the  event  of  removal,  expulsion  or  extradition 

1. 

Collective  expulsions  are  prohibited. 

2.  No  one  may  be  removed,  expelled  or  extradited  to  a  State  where  there  is  a  serious  risk  that  he 
or  she  would  be  subjected  to  the  death  penalty,  torture  or  other  inhuman  or  degrading  treatment  or 
punishment. 

3.  Nationals  of  third  countries  who  are  authorised  to  work  in  the  territories  of  the  Member  States 

are  entitled  to  working  conditions  equivalent  to  those  of  citizens  of  the  Union.

Everyone  is  equal  before  the  law.

TITLE  III 

EQUALITY 

Article  20 

Equality  before  the  law 

The  arts  and  scientific  research  shall  be  free  of  constraint.  Academic  freedom  shall  be  respected. 

Article  13 

Freedom  of  the  arts  and  sciences 

Article  14 

Right  to  education 

1. 

Everyone  has  the  right  to  education  and  to  have  access  to  vocational  and  continuing  training. 

2. 

This  right  includes  the  possibility  to  receive  free  compulsory  education. 

3. 

The  freedom  to  found  educational  establishments  with  due  respect  for  democratic  principles 

and  the  right  of  parents  to  ensure  the  education  and  teaching  of  their  children  in  conformity  with 

their  religious,  philosophical  and  pedagogical  convictions  shall  be  respected,  in  accordance  with  the 

national  laws  governing  the  exercise  of  such  freedom  and  right. 

Article  15 

Freedom  to  choose  an  occupation  and  right  to  engage  in  work 

1. 

Everyone  has the  right  to  engage  in  work  and  to  pursue a  freely chosen  or  accepted  occupation. 

2. 

Every  citizen  of  the  Union  has  the  freedom  to  seek  employment,  to  work,  to  exercise  the  right 

of  establishment  and  to  provide  services  in  any  Member  State. 

Consolidated version of the treaty on european unionCharter of fundamental rights of the european union 
 
C  202/398 
400400

EN 

Official Journal of the European Union 

7.6.2016

Article  21 

Non-discrimination 

1.  Any  discrimination  based  on  any  ground  such  as  sex,  race,  colour,  ethnic  or  social  origin, 
genetic  features,  language,  religion  or  belief,  political  or  any  other  opinion,  membership  of  a  national 
minority,  property,  birth,  disability,  age  or  sexual  orientation  shall  be  prohibited. 

2.  Within  the  scope  of  application  of  the  Treaties  and  without  prejudice  to  any  of  their  specific 
provisions,  any  discrimination  on  grounds  of  nationality  shall  be  prohibited. 

Article  22 

Cultural,  religious  and  linguistic  diversity 

The  Union  shall  respect  cultural,  religious  and  linguistic  diversity. 

Article  23 

Equality  between  women  and  men 

Equality  between  women  and  men  must  be  ensured  in  all  areas,  including  employment,  work 
and  pay. 

The  principle  of  equality  shall  not  prevent  the  maintenance  or  adoption  of  measures  providing  for 
specific  advantages  in  favour  of  the  under-represented  sex. 

Article  24 

The  rights  of  the  child 

1. 
Children  shall  have  the  right  to  such  protection  and  care  as  is  necessary  for  their  well-being. 
They  may  express  their  views  freely.  Such  views  shall  be  taken  into  consideration  on  matters  which 
concern  them  in  accordance  with  their  age  and  maturity. 

In  all  actions relating  to  children, whether taken  by  public authorities  or  private institutions,  the 

2. 
child's  best  interests  must  be  a  primary  consideration. 

Every  child  shall  have  the  right  to  maintain  on  a  regular  basis  a  personal  relationship  and  direct 

3. 
contact  with  both  his  or  her  parents,  unless  that  is  contrary  to  his  or  her  interests. 

Article  25 

The  rights  of  the  elderly 

The  Union  recognises  and  respects  the  rights  of  the  elderly  to  lead  a  life  of  dignity  and  independence 
and  to  participate  in  social  and  cultural  life.

Consolidated TreatiesCharter of fundamental rights of the european union 
C  202/398 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/399
401401

Article  21 

Non-discrimination 

Article  26 

Integration  of  persons  with  disabilities 

1.  Any  discrimination  based  on  any  ground  such  as  sex,  race,  colour,  ethnic  or  social  origin, 

genetic  features,  language,  religion  or  belief,  political  or  any  other  opinion,  membership  of  a  national 

minority,  property,  birth,  disability,  age  or  sexual  orientation  shall  be  prohibited. 

The  Union  recognises  and  respects  the  right  of  persons  with  disabilities  to  benefit  from  measures 
designed  to  ensure  their  independence,  social  and  occupational  integration  and  participation  in  the 
life  of  the  community. 

2.  Within  the  scope  of  application  of  the  Treaties  and  without  prejudice  to  any  of  their  specific 

provisions,  any  discrimination  on  grounds  of  nationality  shall  be  prohibited. 

Article  22 

Cultural,  religious  and  linguistic  diversity 

The  Union  shall  respect  cultural,  religious  and  linguistic  diversity. 

Article  23 

Equality  between  women  and  men 

Equality  between  women  and  men  must  be  ensured  in  all  areas,  including  employment,  work 

and  pay. 

The  principle  of  equality  shall  not  prevent  the  maintenance  or  adoption  of  measures  providing  for 

specific  advantages  in  favour  of  the  under-represented  sex. 

Article  24 

The  rights  of  the  child 

1. 

Children  shall  have  the  right  to  such  protection  and  care  as  is  necessary  for  their  well-being. 

They  may  express  their  views  freely.  Such  views  shall  be  taken  into  consideration  on  matters  which 

concern  them  in  accordance  with  their  age  and  maturity. 

TITLE  IV 

SOLIDARITY 

Article  27 

Workers'  right  to  information  and  consultation  within  the  undertaking 

Workers  or  their  representatives  must,  at  the  appropriate  levels,  be  guaranteed  information  and 
consultation  in  good  time  in  the  cases  and  under  the  conditions  provided  for  by  Union  law  and 
national  laws  and  practices. 

Article  28 

Right  of  collective  bargaining  and  action 

Workers  and  employers,  or  their  respective  organisations,  have,  in  accordance  with  Union  law  and 
national  laws  and  practices,  the  right  to  negotiate  and  conclude  collective  agreements  at  the  appro­
priate  levels  and,  in  cases  of  conflicts  of  interest,  to  take  collective  action  to  defend  their  interests, 
including  strike  action. 

Article  29 

Right  of  access  to  placement  services 

Everyone  has  the  right  of  access  to  a  free  placement  service. 

Article  30 

Protection  in  the  event  of  unjustified  dismissal 

2. 

In  all  actions relating  to  children, whether taken  by  public authorities  or  private institutions,  the 

child's  best  interests  must  be  a  primary  consideration. 

Every  worker  has  the  right  to  protection  against  unjustified  dismissal,  in  accordance  with  Union  law 
and  national  laws  and  practices. 

3. 

Every  child  shall  have  the  right  to  maintain  on  a  regular  basis  a  personal  relationship  and  direct 

contact  with  both  his  or  her  parents,  unless  that  is  contrary  to  his  or  her  interests. 

Article  31 

Fair  and  just  working  conditions 

Article  25 

The  rights  of  the  elderly 

Every  worker  has  the  right  to  working  conditions  which  respect  his  or  her  health,  safety 

1. 
and  dignity. 

The  Union  recognises  and  respects  the  rights  of  the  elderly  to  lead  a  life  of  dignity  and  independence 

and  to  participate  in  social  and  cultural  life.

Every  worker  has  the  right  to  limitation  of  maximum  working  hours,  to  daily  and  weekly  rest 

2. 
periods  and  to  an  annual  period  of  paid  leave.

Consolidated version of the treaty on european unionCharter of fundamental rights of the european union 
 
C  202/400 
402402

EN 

Official Journal of the European Union 

7.6.2016

Prohibition  of  child  labour  and  protection  of  young  people  at  work 

Article  32 

The  employment  of  children  is  prohibited.  The  minimum  age  of  admission  to  employment  may  not 
be  lower  than  the  minimum  school-leaving  age,  without  prejudice  to  such  rules  as  may  be  more 
favourable  to  young  people  and  except  for  limited  derogations. 

Young  people  admitted  to  work  must  have  working  conditions  appropriate  to  their  age  and  be 
protected  against  economic  exploitation  and  any  work  likely  to  harm  their  safety,  health  or  physical, 
mental,  moral  or  social  development  or  to  interfere  with  their  education. 

1. 

The  family  shall  enjoy  legal,  economic  and  social  protection. 

Article  33 

Family  and  professional  life 

2. 
To  reconcile  family  and  professional  life,  everyone  shall  have  the  right  to  protection  from 
dismissal  for  a  reason  connected  with  maternity  and  the  right  to  paid  maternity  leave  and  to  parental 
leave  following  the  birth  or  adoption  of  a  child. 

Article  34 

Social  security  and  social  assistance 

The  Union  recognises  and  respects  the  entitlement  to  social  security  benefits  and  social  services 
1. 
providing  protection  in  cases  such  as  maternity,  illness,  industrial  accidents,  dependency  or  old  age, 
and  in  the  case  of  loss  of  employment,  in  accordance  with  the  rules  laid  down  by  Union  law  and 
national  laws  and  practices. 

Everyone  residing  and  moving  legally  within  the  European  Union  is  entitled  to  social  security 

2. 
benefits  and  social  advantages  in  accordance  with  Union  law  and  national  laws  and  practices. 

3. 
In  order  to  combat  social  exclusion  and  poverty,  the  Union  recognises  and  respects  the  right  to 
social  and  housing  assistance  so  as  to  ensure  a  decent  existence  for  all  those  who  lack  sufficient 
resources,  in  accordance  with  the  rules  laid  down  by  Union  law  and  national  laws  and  practices. 

Article  35 

Health  care 

Everyone  has  the  right  of  access  to  preventive  health  care  and  the  right  to  benefit  from  medical 
treatment  under  the  conditions  established  by  national  laws  and  practices.  A  high  level  of  human 
health  protection  shall  be  ensured  in  the  definition  and  implementation  of  all  the  Union's  policies 
and  activities.

Consolidated TreatiesCharter of fundamental rights of the european union 
C  202/400 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/401
403403

Prohibition  of  child  labour  and  protection  of  young  people  at  work 

Article  32 

Article  36 

Access  to  services  of  general  economic  interest 

The  employment  of  children  is  prohibited.  The  minimum  age  of  admission  to  employment  may  not 

be  lower  than  the  minimum  school-leaving  age,  without  prejudice  to  such  rules  as  may  be  more 

favourable  to  young  people  and  except  for  limited  derogations. 

The  Union  recognises  and  respects  access  to  services  of  general  economic  interest  as  provided  for  in 
national  laws  and  practices,  in  accordance  with  the  Treaties,  in  order  to  promote  the  social  and 
territorial  cohesion  of  the  Union. 

Young  people  admitted  to  work  must  have  working  conditions  appropriate  to  their  age  and  be 

protected  against  economic  exploitation  and  any  work  likely  to  harm  their  safety,  health  or  physical, 

mental,  moral  or  social  development  or  to  interfere  with  their  education. 

1. 

The  family  shall  enjoy  legal,  economic  and  social  protection. 

Article  33 

Family  and  professional  life 

2. 

To  reconcile  family  and  professional  life,  everyone  shall  have  the  right  to  protection  from 

dismissal  for  a  reason  connected  with  maternity  and  the  right  to  paid  maternity  leave  and  to  parental 

leave  following  the  birth  or  adoption  of  a  child. 

Article  34 

Social  security  and  social  assistance 

Article  37 

Environmental  protection 

A  high  level  of  environmental  protection  and  the  improvement  of  the  quality  of  the  environment 
must  be  integrated  into  the  policies  of  the  Union  and  ensured  in  accordance  with  the  principle  of 
sustainable  development. 

Union  policies  shall  ensure  a  high  level  of  consumer  protection. 

Article  38 

Consumer  protection 

TITLE  V 

CITIZENS'  RIGHTS 

Article  39 

1. 

The  Union  recognises  and  respects  the  entitlement  to  social  security  benefits  and  social  services 

providing  protection  in  cases  such  as  maternity,  illness,  industrial  accidents,  dependency  or  old  age, 

and  in  the  case  of  loss  of  employment,  in  accordance  with  the  rules  laid  down  by  Union  law  and 

national  laws  and  practices. 

Right  to  vote  and  to  stand  as  a  candidate  at  elections  to  the  European  Parliament 

1. 
Every  citizen  of  the  Union  has  the  right  to  vote  and  to  stand  as  a  candidate  at  elections  to  the 
European  Parliament  in  the  Member  State  in  which  he  or  she  resides,  under  the  same  conditions  as 
nationals  of  that  State. 

2. 

Everyone  residing  and  moving  legally  within  the  European  Union  is  entitled  to  social  security 

benefits  and  social  advantages  in  accordance  with  Union  law  and  national  laws  and  practices. 

2.  Members  of  the  European  Parliament  shall  be  elected  by  direct  universal  suffrage  in  a  free  and 
secret  ballot. 

3. 

In  order  to  combat  social  exclusion  and  poverty,  the  Union  recognises  and  respects  the  right  to 

social  and  housing  assistance  so  as  to  ensure  a  decent  existence  for  all  those  who  lack  sufficient 

resources,  in  accordance  with  the  rules  laid  down  by  Union  law  and  national  laws  and  practices. 

Right  to  vote  and  to  stand  as  a  candidate  at  municipal  elections 

Article  40 

Every  citizen  of  the  Union  has  the  right  to  vote  and  to  stand  as  a  candidate  at  municipal  elections  in 
the  Member  State  in  which  he  or  she  resides  under  the  same  conditions  as  nationals  of  that  State. 

Article  35 

Health  care 

Everyone  has  the  right  of  access  to  preventive  health  care  and  the  right  to  benefit  from  medical 

treatment  under  the  conditions  established  by  national  laws  and  practices.  A  high  level  of  human 

health  protection  shall  be  ensured  in  the  definition  and  implementation  of  all  the  Union's  policies 

and  activities.

Article  41 

Right  to  good  administration 

Every  person  has  the  right  to  have  his  or  her  affairs  handled  impartially,  fairly  and  within  a 

1. 
reasonable  time  by  the  institutions,  bodies,  offices  and  agencies  of  the  Union.

Consolidated version of the treaty on european unionCharter of fundamental rights of the european union 
 
C  202/402 
404404

EN 

2. 

This  right  includes: 

Official Journal of the European Union 

7.6.2016

(a)  the  right  of  every  person  to  be  heard,  before  any  individual  measure  which  would  affect  him  or 

her  adversely  is  taken; 

(b)  the  right  of  every  person  to  have  access  to  his  or  her  file,  while  respecting  the  legitimate  interests 

of  confidentiality  and  of  professional  and  business  secrecy; 

(c)  the  obligation  of  the  administration  to  give  reasons  for  its  decisions. 

3. 
Every  person  has  the  right  to  have  the  Union  make  good  any  damage  caused  by  its  institutions 
or  by  its  servants  in  the  performance  of  their  duties,  in  accordance  with  the  general  principles 
common  to  the  laws  of  the  Member  States. 

Every  person  may  write  to  the  institutions  of  the  Union  in  one  of  the  languages  of  the  Treaties 

4. 
and  must  have  an  answer  in  the  same  language. 

Article  42 

Right  of  access  to  documents 

Any  citizen  of  the  Union,  and  any  natural  or  legal  person  residing  or  having  its  registered  office  in  a 
Member  State,  has  a  right  of  access  to  documents  of  the  institutions,  bodies,  offices  and  agencies  of 
the  Union,  whatever  their  medium. 

Article  43 

European  Ombudsman 

Any  citizen  of  the  Union  and  any  natural  or  legal  person  residing  or  having  its  registered  office  in  a 
Member  State  has  the  right  to  refer  to  the  European  Ombudsman  cases  of  maladministration  in  the 
activities  of  the  institutions,  bodies,  offices  or  agencies  of  the  Union,  with  the  exception  of  the  Court 
of  Justice  of  the  European  Union  acting  in  its  judicial  role. 

Article  44 

Right  to  petition 

Any  citizen  of  the  Union  and  any  natural  or  legal  person  residing  or  having  its  registered  office  in  a 
Member  State  has  the  right  to  petition  the  European  Parliament. 

Article  45 

Freedom  of  movement  and  of  residence 

Every  citizen  of  the  Union  has  the  right  to  move  and  reside  freely  within  the  territory  of  the 

1. 
Member  States. 

Freedom  of  movement  and  residence  may  be  granted,  in  accordance  with  the  Treaties,  to 

2. 
nationals  of  third  countries  legally  resident  in  the  territory  of  a  Member  State.

Consolidated TreatiesCharter of fundamental rights of the european union 
C  202/402 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/403
405405

2. 

This  right  includes: 

her  adversely  is  taken; 

(a)  the  right  of  every  person  to  be  heard,  before  any  individual  measure  which  would  affect  him  or 

(b)  the  right  of  every  person  to  have  access  to  his  or  her  file,  while  respecting  the  legitimate  interests 

of  confidentiality  and  of  professional  and  business  secrecy; 

(c)  the  obligation  of  the  administration  to  give  reasons  for  its  decisions. 

3. 

Every  person  has  the  right  to  have  the  Union  make  good  any  damage  caused  by  its  institutions 

or  by  its  servants  in  the  performance  of  their  duties,  in  accordance  with  the  general  principles 

common  to  the  laws  of  the  Member  States. 

4. 

Every  person  may  write  to  the  institutions  of  the  Union  in  one  of  the  languages  of  the  Treaties 

and  must  have  an  answer  in  the  same  language. 

Article  42 

Right  of  access  to  documents 

Article  43 

European  Ombudsman 

Article  44 

Right  to  petition 

Any  citizen  of  the  Union  and  any  natural  or  legal  person  residing  or  having  its  registered  office  in  a 

Member  State  has  the  right  to  refer  to  the  European  Ombudsman  cases  of  maladministration  in  the 

activities  of  the  institutions,  bodies,  offices  or  agencies  of  the  Union,  with  the  exception  of  the  Court 

of  Justice  of  the  European  Union  acting  in  its  judicial  role. 

Any  citizen  of  the  Union  and  any  natural  or  legal  person  residing  or  having  its  registered  office  in  a 

Member  State  has  the  right  to  petition  the  European  Parliament. 

Article  45 

Freedom  of  movement  and  of  residence 

Article  46 

Diplomatic  and  consular  protection 

Every  citizen  of  the  Union  shall,  in  the  territory  of  a  third  country  in  which  the  Member  State  of 
which  he  or  she  is  a  national  is  not  represented,  be  entitled  to  protection  by  the  diplomatic  or 
consular  authorities  of  any  Member  State,  on  the  same  conditions  as  the  nationals  of  that 
Member  State. 

TITLE  VI 

JUSTICE 

Article  47 

Right  to  an  effective  remedy  and  to  a  fair  trial 

Everyone  whose  rights and  freedoms  guaranteed  by  the  law  of  the  Union  are violated  has  the  right  to 
an  effective  remedy  before  a  tribunal  in  compliance  with  the  conditions  laid  down  in  this  Article. 

Everyone  is  entitled  to  a  fair  and  public  hearing  within  a  reasonable  time  by  an  independent  and 
impartial  tribunal  previously  established  by  law.  Everyone  shall  have  the  possibility  of  being  advised, 
defended  and  represented. 

Any  citizen  of  the  Union,  and  any  natural  or  legal  person  residing  or  having  its  registered  office  in  a 

Member  State,  has  a  right  of  access  to  documents  of  the  institutions,  bodies,  offices  and  agencies  of 

the  Union,  whatever  their  medium. 

Legal  aid  shall  be  made  available  to  those  who  lack  sufficient  resources  in  so  far  as  such  aid  is 
necessary  to  ensure  effective  access  to  justice. 

Article  48 

Presumption  of  innocence  and  right  of  defence 

Everyone  who  has  been  charged  shall  be  presumed  innocent  until  proved  guilty  according 

1. 
to  law. 

2. 

Respect  for  the  rights  of  the  defence  of  anyone  who  has  been  charged  shall  be  guaranteed. 

Article  49 

Principles  of  legality  and  proportionality  of  criminal  offences  and  penalties 

1.  No  one  shall  be  held  guilty  of  any  criminal  offence  on  account  of  any  act  or  omission  which 
did  not  constitute  a  criminal  offence  under  national  law  or  international  law  at  the  time  when  it  was 
committed.  Nor  shall  a  heavier  penalty  be  imposed  than  the  one  that  was  applicable  at  the  time  the 
criminal  offence  was  committed.  If,  subsequent  to  the  commission  of  a  criminal  offence,  the  law 
provides  for  a  lighter  penalty,  that  penalty  shall  be  applicable. 

1. 

Every  citizen  of  the  Union  has  the  right  to  move  and  reside  freely  within  the  territory  of  the 

Member  States. 

2. 
This  Article  shall  not  prejudice  the  trial  and  punishment  of  any  person  for  any  act  or  omission 
which,  at  the  time  when  it  was  committed,  was  criminal  according  to  the  general  principles 
recognised  by  the  community  of  nations. 

2. 

Freedom  of  movement  and  residence  may  be  granted,  in  accordance  with  the  Treaties,  to 

nationals  of  third  countries  legally  resident  in  the  territory  of  a  Member  State.

3. 

The  severity  of  penalties  must  not  be  disproportionate  to  the  criminal  offence.

Consolidated version of the treaty on european unionCharter of fundamental rights of the european union 
 
C  202/404 
406406

EN 

Official Journal of the European Union 

7.6.2016

Article  50 

Right  not  to  be  tried  or  punished  twice  in  criminal  proceedings  for  the  same  criminal  offence 

No  one  shall  be  liable  to  be  tried  or  punished  again  in  criminal  proceedings  for  an  offence  for  which 
he  or  she  has  already  been  finally  acquitted  or  convicted  within  the  Union  in  accordance  with 
the  law. 

GENERAL  PROVISIONS  GOVERNING  THE  INTERPRETATION  AND  APPLICATION  OF  THE  CHARTER 

TITLE  VII 

Article  51 

Field  of  application 

The  provisions  of  this  Charter  are  addressed  to  the  institutions,  bodies,  offices  and  agencies  of 
1. 
the  Union  with  due  regard  for  the  principle  of  subsidiarity  and  to  the  Member  States  only  when  they 
are  implementing  Union  law.  They  shall  therefore  respect  the  rights,  observe  the  principles  and 
promote  the  application  thereof  in  accordance  with  their  respective  powers  and  respecting  the 
limits  of  the  powers  of  the  Union  as  conferred  on  it  in  the  Treaties. 

2. 
The  Charter  does  not  extend  the  field  of  application  of  Union  law  beyond  the  powers  of 
the  Union  or  establish  any  new  power  or  task  for  the  Union,  or  modify  powers  and  tasks  as 
defined  in  the  Treaties. 

Article  52 

Scope  and  interpretation  of  rights  and  principles 

1.  Any  limitation  on  the  exercise  of  the  rights  and  freedoms  recognised  by  this  Charter  must  be 
provided  for  by  law  and  respect  the  essence  of  those  rights  and  freedoms.  Subject  to  the  principle  of 
proportionality,  limitations  may  be  made  only  if  they  are  necessary  and  genuinely  meet  objectives  of 
general  interest  recognised  by  the  Union  or  the  need  to  protect  the  rights  and  freedoms  of  others. 

Rights  recognised  by  this  Charter  for  which  provision  is  made  in  the  Treaties  shall  be  exercised 

2. 
under  the  conditions  and  within  the  limits  defined  by  those  Treaties. 

3. 
In  so  far  as  this  Charter  contains  rights  which  correspond  to  rights  guaranteed  by  the 
Convention  for  the  Protection  of  Human  Rights  and  Fundamental  Freedoms,  the  meaning  and 
scope  of  those  rights  shall  be  the  same  as  those  laid  down  by  the  said  Convention.  This 
provision  shall  not  prevent  Union  law  providing  more  extensive  protection. 

4. 
In  so  far  as  this  Charter  recognises  fundamental  rights  as  they  result  from  the  constitutional 
traditions  common  to  the  Member  States,  those  rights  shall  be  interpreted  in  harmony  with 
those  traditions.

Consolidated TreatiesCharter of fundamental rights of the european union 
C  202/404 

EN 

Official Journal of the European Union 

7.6.2016

7.6.2016 

EN 

Official Journal of the European Union 

C  202/405
407407

5. 
The  provisions  of  this  Charter  which  contain  principles  may  be  implemented  by  legislative  and 
executive acts  taken  by  institutions,  bodies,  offices  and  agencies  of  the  Union,  and  by  acts  of  Member 
States  when  they  are  implementing  Union  law,  in  the  exercise  of  their  respective  powers.  They  shall 
be  judicially  cognisable  only  in  the  interpretation  of  such  acts  and  in  the  ruling  on  their  legality. 

6. 

Full  account  shall  be  taken  of  national  laws  and  practices  as  specified  in  this  Charter. 

The  explanations  drawn  up  as  a  way  of  providing  guidance  in  the  interpretation  of  this  Charter 

7. 
shall  be  given  due  regard  by  the  courts  of  the  Union  and  of  the  Member  States. 

Article  53 

Level  of  protection 

Nothing  in  this  Charter  shall  be  interpreted  as  restricting  or  adversely  affecting  human  rights  and 
fundamental  freedoms  as  recognised,  in  their  respective  fields  of  application,  by  Union  law  and 
international  law  and  by  international  agreements  to  which  the  Union  or  all  the  Member  States 
are  party,  including  the  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental 
Freedoms,  and  by  the  Member  States'  constitutions. 

Article  54 

Prohibition  of  abuse  of  rights 

Nothing  in  this  Charter  shall  be  interpreted  as  implying  any  right  to  engage  in  any  activity  or  to 
perform  any  act aimed  at  the  destruction  of  any  of  the  rights  and  freedoms  recognised  in  this  Charter 
or  at  their  limitation  to  a  greater  extent  than  is  provided  for  herein. 

* 
*  * 

The  above  text  adapts  the  wording  of  the  Charter  proclaimed  on  7  December  2000,  and  will  replace 
it  as  from  the  date  of  entry  into  force  of  the  Treaty  of  Lisbon.

Article  50 

Right  not  to  be  tried  or  punished  twice  in  criminal  proceedings  for  the  same  criminal  offence 

No  one  shall  be  liable  to  be  tried  or  punished  again  in  criminal  proceedings  for  an  offence  for  which 

he  or  she  has  already  been  finally  acquitted  or  convicted  within  the  Union  in  accordance  with 

the  law. 

GENERAL  PROVISIONS  GOVERNING  THE  INTERPRETATION  AND  APPLICATION  OF  THE  CHARTER 

TITLE  VII 

Article  51 

Field  of  application 

1. 

The  provisions  of  this  Charter  are  addressed  to  the  institutions,  bodies,  offices  and  agencies  of 

the  Union  with  due  regard  for  the  principle  of  subsidiarity  and  to  the  Member  States  only  when  they 

are  implementing  Union  law.  They  shall  therefore  respect  the  rights,  observe  the  principles  and 

promote  the  application  thereof  in  accordance  with  their  respective  powers  and  respecting  the 

limits  of  the  powers  of  the  Union  as  conferred  on  it  in  the  Treaties. 

2. 

The  Charter  does  not  extend  the  field  of  application  of  Union  law  beyond  the  powers  of 

the  Union  or  establish  any  new  power  or  task  for  the  Union,  or  modify  powers  and  tasks  as 

defined  in  the  Treaties. 

Article  52 

Scope  and  interpretation  of  rights  and  principles 

1.  Any  limitation  on  the  exercise  of  the  rights  and  freedoms  recognised  by  this  Charter  must  be 

provided  for  by  law  and  respect  the  essence  of  those  rights  and  freedoms.  Subject  to  the  principle  of 

proportionality,  limitations  may  be  made  only  if  they  are  necessary  and  genuinely  meet  objectives  of 

general  interest  recognised  by  the  Union  or  the  need  to  protect  the  rights  and  freedoms  of  others. 

2. 

Rights  recognised  by  this  Charter  for  which  provision  is  made  in  the  Treaties  shall  be  exercised 

under  the  conditions  and  within  the  limits  defined  by  those  Treaties. 

3. 

In  so  far  as  this  Charter  contains  rights  which  correspond  to  rights  guaranteed  by  the 

Convention  for  the  Protection  of  Human  Rights  and  Fundamental  Freedoms,  the  meaning  and 

scope  of  those  rights  shall  be  the  same  as  those  laid  down  by  the  said  Convention.  This 

provision  shall  not  prevent  Union  law  providing  more  extensive  protection. 

4. 

In  so  far  as  this  Charter  recognises  fundamental  rights  as  they  result  from  the  constitutional 

traditions  common  to  the  Member  States,  those  rights  shall  be  interpreted  in  harmony  with 

those  traditions.

Consolidated version of the treaty on european unionCharter of fundamental rights of the european union 
 
HOW TO OBTAIN EU PUBLICATIONS 

Free publications: 

•  one copy: 

via EU Bookshop (http://bookshop.europa.eu); 

•  more than one copy or posters/maps: 

from the European Union’s representations (http://ec.europa.eu/represent_en.htm);  

from the delegations in non-EU countries (http://eeas.europa.eu/delegations/index_en.htm);  

by contacting the Europe Direct service (http://europa.eu/europedirect/index_en.htm) or 

calling 00 800 6 7 8 9 10 11 (freephone number from anywhere in the EU) (*). 

(*)  The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). 

Priced publications: 

•  via EU Bookshop (http://bookshop.europa.eu). 

 
 
 
 
HOW TO OBTAIN EU PUBLICATIONS 

Free publications: 

•  one copy: 

via EU Bookshop (http://bookshop.europa.eu); 

•  more than one copy or posters/maps: 

from the European Union’s representations (http://ec.europa.eu/represent_en.htm);  
from the delegations in non-EU countries (http://eeas.europa.eu/delegations/index_en.htm);  
by contacting the Europe Direct service (http://europa.eu/europedirect/index_en.htm) or 
calling 00 800 6 7 8 9 10 11 (freephone number from anywhere in the EU) (*). 

(*)  The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). 

Priced publications: 

•  via EU Bookshop (http://bookshop.europa.eu). 

 
 
 
 
Note to the reader 

This publication contains the consolidated versions of the Treaty on 
European Union (“TEU”) and of the Treaty on the Functioning of the 
European Union (“TFEU”), together with the annexes and protocols 
thereto, as they result from the amendments introduced by the Treaty 
of Lisbon, which was signed on 13 December 2007 in Lisbon and which 
entered into force on 1 December 2009. It also contains the declarations 
annexed to the Final Act of the Intergovernmental Conference which 
adopted the Treaty of Lisbon. 

In addition, this publication contains all the amendments subsequent to 
the signature of the Treaty of Lisbon: the Protocol amending the Protocol 
on Transitional Provisions, those effected by Regulation (EU, Euratom) 
No 741/2012 and Regulation (EU, Euratom) 2015/2422 of the European 
Parliament and of the Council amending the Protocol on the Statute 
of the Court of Justice of the European Union and Annex I thereto, the 
amendment of the status with regard to the European Union of the 
island of Saint-Barthélemy and of Mayotte, the addition of paragraph 3 to 
Article 136 TFEU, the amendment with regard to a stability mechanism for 
Member States whose currency is the euro, and the amendments brought 
about by the Act of Accession of the Republic of Croatia. 

This publication also contains the corrigenda that were approved up to 
March 2016.

This publication also contains the Charter of Fundamental Rights of the 
European Union which was proclaimed at Strasbourg on 12 December 
2007 by the European Parliament, the Council and the Commission (OJ C 
303, 14.12.2007, p. 1). This text repeats and adapts the Charter proclaimed 
on 7 December 2000, and replaces it with effect from 1 December 2009, 
the date of entry into force of the Treaty of Lisbon. By virtue of the first 
subparagraph of Article 6(1) of the Treaty on European Union, the Charter 
proclaimed in 2007 has the same legal value as the Treaties.

This publication has been produced for documentary purposes and does 
not involve the responsibility of the institutions of the European Union.

Q
C
-
0
1
-
1
6
-
9
8
5
-
E
N
N

-

ISBN 978-92-824-5946-1 
doi:10.2860/332941