Source: EURLEX
Language: en
Format: md

30.3.2010 EN Official Journal of the European Union C 83/13

# **CONSOLIDATED VERSION** **OF** **THE TREATY ON EUROPEAN UNION**

30.3.2010 EN Official Journal of the European Union C 83/15

**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
establishment 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 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.

C 83/16 EN Official Journal of the European Union 30.3.2010

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
Plenipotentiaries:

_(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.

30.3.2010 EN Official Journal of the European Union C 83/17

_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.

3. The Union shall establish an internal market. It shall work for the sustainable development of
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 the quality of the environment. It shall promote scientific and technological advance.

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.

5. In its relations with the wider world, the Union shall uphold and promote its values and
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.

6. The Union shall pursue its objectives by appropriate means commensurate with the
competences which are conferred upon it in the Treaties.

C 83/18 EN Official Journal of the European Union 30.3.2010

_Article 4_

1. In accordance with Article 5, competences not conferred upon the Union in the Treaties
remain with the Member States.

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.

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 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.

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.

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.

30.3.2010 EN Official Journal of the European Union C 83/19

_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.

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.

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
recommendations 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.

2. The European Council, acting by unanimity on a proposal by one third of the Member States
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.

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.

C 83/20 EN Official Journal of the European Union 30.3.2010

The obligations of the Member State in question under this Treaty 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.

_Article 8_

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
characterised 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.

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.

_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.

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.

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

30.3.2010 EN Official Journal of the European Union C 83/21

_Article 11_

1. The institutions shall, by appropriate means, give citizens and representative associations the
opportunity to make known and publicly exchange their views in all areas of Union action.

2. The institutions shall maintain an open, transparent and regular dialogue with representative
associations and civil society.

3. The European Commission shall carry out broad consultations with parties concerned in order
to ensure that the Union’s actions are coherent and transparent.

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.

_Article 12_

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

(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
proportionality;

(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;

(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 this
Treaty;

(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.

C 83/22 EN Official Journal of the European Union 30.3.2010

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.

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.

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.

_Article 14_

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.

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.

30.3.2010 EN Official Journal of the European Union C 83/23

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.

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

2. The European Council shall consist of the Heads of State or Government of the Member States,
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.

3. The European Council shall meet twice every six months, convened by its President. When the
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 situation so requires, the President shall convene a special meeting of the European
Council.

4. Except where the Treaties provide otherwise, decisions of the European Council shall be taken
by consensus.

5. The European Council shall elect its President, by a qualified majority, for a term of two and a
half years, renewable once. In the event of an impediment or serious misconduct, the European
Council can end the President’s term of office in accordance with the same procedure.

6. The President of the European Council:

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

(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;

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

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

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.

C 83/24 EN Official Journal of the European Union 30.3.2010

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

_Article 16_

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.

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
configurations. 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.

30.3.2010 EN Official Journal of the European Union C 83/25

_Article 17_

1. The Commission shall promote the general interest of the Union and take appropriate
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.

2. Union legislative acts may only be adopted on the basis of a Commission proposal, except
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 VicePresidents.

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,
efficiently and as a collegiate body;

C 83/26 EN Official Journal of the European Union 30.3.2010

(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.

_Article 18_

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.

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.

30.3.2010 EN Official Journal of the European Union C 83/27

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.

_Article 19_

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.

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

2. The Court of Justice shall consist of one judge from each Member State. It shall be assisted by
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 27 _a_ to 27 _e_, 40 to 40 _b_ and 43 to 45 TEU and ex Articles 11 and 11 _a_ 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.

C 83/28 EN Official Journal of the European Union 30.3.2010

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.

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_

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
international, regional or global organisations which share the principles referred to in the first
subparagraph. 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;

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

(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
development;

(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.

_Article 22_

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.

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.

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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.

CHAPTER 2

SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY

_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
unreservedly in a spirit of loyalty and mutual solidarity and shall comply with the Union’s action
in this area.

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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.

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

_Article 25_

(ex Article 12 TEU)

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

(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;

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

and by

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

_Article 26_

(ex Article 13 TEU)

1. The European Council shall identify the Union’s strategic interests, determine the objectives of
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 common foreign and security policy shall be put into effect by the High Representative and
by the Member States, using national and Union resources.

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_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 Representative 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.

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.

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_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:

— 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),

— 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,

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— 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.

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.

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_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
Representative 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 organisations, 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.

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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
implementation 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.

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_Article 40_

(ex Article 47 TEU)

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;

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(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.

_SECTION 2_

PROVISIONS ON THE COMMON SECURITY AND DEFENCE POLICY

_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.

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.

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 Organisation
(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.

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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.

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.

_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.

_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
Representative of the Union for Foreign Affairs and Security Policy, shall agree among themselves
on the management of the task.

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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.

_Article 45_

1. The European Defence Agency referred to in Article 42(3), subject to the authority of the
Council, shall have as its task to:

(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.

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
participating Member States. The Council shall act by a qualified majority after consulting the
High Representative.

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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.

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.

A qualified majority shall be defined in accordance with Article 238(3)(a) of the Treaty on the
Functioning of the European Union.

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.

6. The decisions and recommendations of the Council within the framework of permanent
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.

TITLE VI

**FINAL PROVISIONS**

_Article 47_

The Union shall have legal personality.

_Article 48_

(ex Article 48 TEU)

1. The Treaties may be amended in accordance with an ordinary revision procedure. They may
also be amended in accordance with simplified revision procedures.

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_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 institutional 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.

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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 application 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.

_Article 50_

1. Any Member State may decide to withdraw from the Union in accordance with its own
constitutional requirements.

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 in accordance with Article 218(3) of the Treaty on the Functioning of 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.

C 83/44 EN Official Journal of the European Union 30.3.2010

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.

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.

_Article 51_

The Protocols and Annexes to the Treaties shall form an integral part thereof.

_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 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.

_Article 53_
(ex Article 51 TEU)

This Treaty is concluded for an unlimited period.

_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.

30.3.2010 EN Official Journal of the European Union C 83/45

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.

_Article 55_

(ex Article 53 TEU)

1. This Treaty, 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, 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)_

30.3.2010 EN Official Journal of the European Union C 83/201

## **PROTOCOLS**

30.3.2010 EN Official Journal of the European Union C 83/203

## 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.

_Article 2_

Draft legislative acts sent to the European Parliament and to the Council shall be forwarded to
national Parliaments.

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.

C 83/204 EN Official Journal of the European Union 30.3.2010

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.

_Article 5_

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 6_

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 7_

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.

30.3.2010 EN Official Journal of the European Union C 83/205

_Article 8_

Where the national Parliamentary system is not unicameral, Articles 1 to 7 shall apply to the
component chambers.

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.

C 83/206 EN Official Journal of the European Union 30.3.2010

## 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
proportionality, 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:

_Article 1_

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 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.

_Article 4_

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.

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.

30.3.2010 EN Official Journal of the European Union C 83/207

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
appropriate, 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.

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.

_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.

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.

C 83/208 EN Official Journal of the European Union 30.3.2010

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 noncompliance 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.

30.3.2010 EN Official Journal of the European Union C 83/209

_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.

C 83/210 EN Official Journal of the European Union 30.3.2010

## 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:

_Article 1_

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 (EAEC Treaty) and of this Statute.

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
deliberations of the Court.

_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.

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.

30.3.2010 EN Official Journal of the European Union C 83/211

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.

_Article 4_

The Judges may not hold any political or administrative office.

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.

_Article 5_

Apart from normal replacement, or death, the duties of a Judge shall end when he resigns.

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.

C 83/212 EN Official Journal of the European Union 30.3.2010

_Article 7_

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 8_

The provisions of Articles 2 to 7 shall apply to the Advocates-General.

TITLE II

**ORGANISATION OF THE COURT OF JUSTICE**

_Article 9_

When, every three years, the Judges are partially replaced, 14 and 13 Judges shall be replaced
alternately.

When, every three years, the Advocates-General are partially replaced, four Advocates-General shall
be replaced on each occasion.

_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.

_Article 11_

The Court of Justice shall arrange for replacement of the Registrar on occasions when he is prevented
from attending the Court of Justice.

_Article 12_

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 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.

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.

30.3.2010 EN Official Journal of the European Union C 83/213

_Article 14_

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 15_

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 13 Judges. It shall be presided over by the President of the
Court. The Presidents of the chambers of five Judges and other Judges appointed in accordance with
the conditions laid down in the Rules of Procedure 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 nine Judges are sitting.

Decisions of the full Court shall be valid only if 15 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.

C 83/214 EN Official Journal of the European Union 30.3.2010

_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.

30.3.2010 EN Official Journal of the European Union C 83/215

_Article 20_

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 observations,
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 reading of the report presented by a Judge acting as
Rapporteur, 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 AdvocateGeneral.

_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.

If the Court rejects the appeal, the decision of the Arbitration Committee shall become final.

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.

C 83/216 EN Official Journal of the European Union 30.3.2010

_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
interpretation 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.

_Article 23a_ ( [1] )

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.

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.

( [1] ) Article inserted by Decision 2008/79/EC, Euratom (OJ L 24, 29.1.2008, p. 42).

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_Article 24_

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.

_Article 25_

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 26_

Witnesses may be heard under conditions laid down in the Rules of Procedure.

_Article 27_

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 28_

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 29_

The Court of Justice may order that a witness or expert be heard by the judicial authority of his place
of permanent residence.

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
appropriate, to the parties.

_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.

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_Article 31_

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 32_

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 33_

Minutes shall be made of each hearing and signed by the President and the Registrar.

_Article 34_

The case list shall be established by the President.

_Article 35_

The deliberations of the Court of Justice shall be and shall remain secret.

_Article 36_

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 37_

Judgments shall be signed by the President and the Registrar. They shall be read in open court.

_Article 38_

The Court of Justice shall adjudicate upon costs.

_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.

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Should the President be prevented from attending, his place shall be taken by another Judge under
conditions laid down in the Rules of Procedure.

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.

_Article 40_

Member States and institutions of the Union may intervene in cases before the Court of Justice.

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.

_Article 43_

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.

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_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 noncontractual liability.

TITLE IV

**GENERAL COURT**

_Article 47_

The first paragraph of Article 9, 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 27 Judges.

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_Article 49_

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.

A Member called upon to perform the task of Advocate-General in a case may not take part in the
judgment of the case.

_Article 50_

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.

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:

(a) an act of or failure to act by the European Parliament or the Council, or by those institutions
acting jointly, except for:

— 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;

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(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.

_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 intellectual
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
jurisdiction.

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.

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.

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_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.

_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.

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 57_

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
application.

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.

_Article 58_

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.

No appeal shall lie regarding only the amount of the costs or the party ordered to pay them.

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_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.

_Article 60_

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.

_Article 61_

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.

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.

_Article 62a_

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.

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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.

TITLE V

**FINAL PROVISIONS**

_Article 63_

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.

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_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.

_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 jurisdiction
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.

_Article 2_

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.

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.

_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
recommendation from the Court of Justice, shall determine the conditions and the arrangements governing the
submission and processing of such applications.

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.

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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.

_Article 4_

1. The judges shall elect the President of the Civil Service Tribunal from among their number for a term of three years.
He may be re-elected.

2. The Civil Service Tribunal shall sit in chambers of three judges. It may, in certain cases determined by its rules of
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.

4. The jurisdiction of and quorum for the full court as well as the composition of the chambers and the assignment of
cases to them shall be governed by the rules of procedure.

_Article 5_

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.

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.

_Article 6_

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.

_Article 7_

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.

2. The provisions concerning the General Court’s language arrangements shall apply to the Civil Service Tribunal.

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.

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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.

_Article 9_

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 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.

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.

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_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.

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## 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 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.

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_Article 3_

**Tasks**

3.1. In accordance with Article 127(2) of the Treaty on the Functioning of the European Union,
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;

— to promote the smooth operation of payment systems.

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:

— 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 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.

_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.

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5.2. The national central banks shall carry out, to the extent possible, the tasks described in
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**

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.

6.2. The ECB and, subject to its approval, the national central banks may participate in
international monetary institutions.

6.3. Articles 6.1 and 6.2 shall be without prejudice to Article 138 of the Treaty on the
Functioning 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.

_Article 8_

**General principle**

The ESCB shall be governed by the decision-making bodies of the ECB.

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_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.

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.

9.3. In accordance with Article 129(1) of the Treaty on the Functioning of the European Union,
the decision making bodies of the ECB shall be the Governing Council and the Executive Board.

_Article 10_

**The Governing Council**

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.

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,

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— 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. The proceedings of the meetings shall be confidential. The Governing Council may decide to
make the outcome of its deliberations public.

10.5. The Governing Council shall meet at least 10 times a year.

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_Article 11_

**The Executive Board**

11.1. In accordance with the first subparagraph of Article 283(2) of the Treaty on the Functioning
of the European Union, the Executive Board shall comprise the President, the Vice-President and four
other members.

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.

11.6. The Executive Board shall be responsible for the current business of the ECB.

11.7. Any vacancy on the Executive Board shall be filled by the appointment of a new member in
accordance with Article 11.2.

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_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
organisation of the ECB and its decision-making bodies.

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

12.5. The Governing Council shall take the decisions referred to in Article 6.

_Article 13_

**The President**

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 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.

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.

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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.

_Article 15_

**Reporting commitments**

15.1. The ECB shall draw up and publish reports on the activities of the ESCB at least quarterly.

15.2. A consolidated financial statement of the ESCB shall be published each week.

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. The reports and statements referred to in this Article shall be made available to interested
parties free of charge.

_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.

The ECB shall respect as far as possible existing practices regarding the issue and design of
banknotes.

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CHAPTER IV

MONETARY FUNCTIONS AND OPERATIONS OF THE ESCB

_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. 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 noncompliance 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 noncompliance.

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_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 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. The ECB and national central banks may act as fiscal agents for the entities referred to in
Article 21.1.

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.

_Article 23_

**External operations**

The ECB and national central banks may:

— establish relations with central banks and financial institutions in other countries and, where
appropriate, with international organisations;

— 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;

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— 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. 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.

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.

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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.

_Article 27_

**Auditing**

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.

27.2. The provisions of Article 287 of the Treaty on the Functioning of the European Union shall
only apply to an examination of the operational efficiency of the management of the ECB.

_Article 28_

**Capital of the ECB**

28.1. The capital of the ECB shall be euro 5 000 million. The capital may be increased by such
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. The Governing Council, acting by the qualified majority provided for in Article 10.3, shall
determine the extent to which and the form in which the capital shall be paid up.

28.4. Subject to Article 28.5, the shares of the national central banks in the subscribed capital of
the ECB may not be transferred, pledged or attached.

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.

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

_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.

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

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

_Article 31_

**Foreign reserve assets held by national central banks**

31.1. The national central banks shall be allowed to perform transactions in fulfilment of their
obligations towards international organisations in accordance with Article 23.

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.

_Article 32_

**Allocation of monetary income of national central banks**

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.

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

_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. 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;

— 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.

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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.

_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.

35.4. 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 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.

35.6. The Court of Justice of the European Union shall have jurisdiction in disputes concerning
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**

36.1. The Governing Council, on a proposal from the Executive Board, shall lay down the
conditions of employment of the staff of the ECB.

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.

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_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. Persons having access to data covered by Union legislation imposing an obligation of
secrecy shall be subject to such legislation.

_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.

CHAPTER VIII

AMENDMENT OF THE STATUTE AND COMPLEMENTARY LEGISLATION

_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.

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40.3. A recommendation made by the ECB under this Article shall require a unanimous decision
by the Governing Council.

_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.

CHAPTER IX

TRANSITIONAL AND OTHER PROVISIONS FOR THE ESCB

_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.

42.2. The central banks of Member States with a derogation as specified in Article 139(1) of the
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.

42.5. ‘Shareholders’ shall be read as ‘central banks of Member States whose currency is the euro’
in Articles 10.3 and 33.1.

42.6. ‘Subscribed capital of the ECB’ shall be read as ‘capital of the ECB subscribed by the central
banks of Member States whose currency is the euro’ in Articles 10.3 and 30.2.

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_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(3) 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. 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.

45.4. By way of derogation from Article 12.3, the General Council shall adopt its Rules of
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.

30.3.2010 EN Official Journal of the European Union C 83/249

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 establishment of the necessary rules for the application of Article 26 as referred to in
Article 26.4;

— the taking of all other measures necessary for the application of Article 29 as referred to in
Article 29.4;

— the laying down of the conditions of employment of the staff of the ECB as referred to in
Article 36.

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.

46.4. The General Council shall be informed by the President of the ECB of decisions of the
Governing 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)

**Deferred payment of capital, reserves and provisions of the ECB**

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.

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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.

30.3.2010 EN Official Journal of the European Union C 83/251

## 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 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 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.

_Article 2_

The task of the Bank shall be that defined in Article 309 of the Treaty on the Functioning of the
European Union.

_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.

_Article 4_

1. The capital of the Bank shall be EUR 232 392 989 000, subscribed by the Member States as
follows:

Germany 37 578 019 000

France 37 578 019 000

Italy 37 578 019 000

United Kingdom 37 578 019 000

Spain 22 546 811 500

Belgium 10 416 365 500

Netherlands 10 416 365 500

Sweden 6 910 226 000

Denmark 5 274 105 000

Austria 5 170 732 500

Poland 4 810 160 500

Finland 2 970 783 000

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Greece 2 825 416 500

Portugal 1 820 820 000

Czech Republic 1 774 990 500

Hungary 1 679 222 000

Ireland 1 318 525 000

Romania 1 217 626 000

Slovakia 604 206 500

Slovenia 560 951 500

Bulgaria 410 217 500

Lithuania 351 981 000

Luxembourg 263 707 000

Cyprus 258 583 500

Latvia 214 805 000

Estonia 165 882 000

Malta 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.

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.

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.

_Article 5_

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).

2. In the event of an increase in the subscribed capital, the Board of Governors, acting
unanimously, 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.

30.3.2010 EN Official Journal of the European Union C 83/253

_Article 6_

(ex Article 8)

The Bank shall be directed and managed by a Board of Governors, a Board of Directors and a
Management Committee.

_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
undertaken within the framework of the Bank's task;

(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);

(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);

(e) approve the annual report of the Board of Directors;

(f) approve the annual balance sheet and profit and loss account;

(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 Treaty 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.

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_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-eight directors and eighteen 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,

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— 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,

— three alternates nominated by common accord of the Republic of Bulgaria, the Czech Republic,
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.

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.

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.

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.

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.

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_Article 10_

(ex Article 12)

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.

_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.

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.

30.3.2010 EN Official Journal of the European Union C 83/257

8. The Management Committee and the staff of the Bank shall be responsible only to the Bank
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.

4. The Rules of Procedure shall specify the qualifications required of the members of the
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.

2. The Bank shall seek to establish all appropriate contacts in the interests of cooperation with
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.

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_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 territories 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.

6. The Bank shall protect itself against exchange risks by including in contracts for loans and
guarantees such clauses as it considers appropriate.

30.3.2010 EN Official Journal of the European Union C 83/259

_Article 17_

(ex Article 19)

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.

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.

_Article 18_

(ex Article 20)

In its financing operations, the Bank shall observe the following principles:

1. It shall ensure that its funds are employed as rationally as possible in the interests of the Union.

It may grant loans or guarantees only:

(a) where, in the case of investments by undertakings in the production sector, interest and
amortisation 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.

2. It shall neither acquire any interest in an undertaking nor assume any responsibility in its
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.

3. It may dispose of its claims on the capital market and may, to this end, require its debtors to
issue bonds or other securities.

C 83/260 EN Official Journal of the European Union 30.3.2010

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.

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.

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.

3. The Board of Directors shall rule on financing operations submitted to it by the Management
Committee.

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.

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.

30.3.2010 EN Official Journal of the European Union C 83/261

7. Where both the Management Committee and the Commission deliver an unfavourable opinion,
the Board of Directors may not grant the finance.

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.

_Article 20_

(ex Article 22)

1. The Bank shall borrow on the capital markets the funds necessary for the performance of its
tasks.

2. The Bank may borrow on the capital markets of the Member States in accordance with the
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)

1. The Bank may employ any available funds which it does not immediately require to meet its
obligations in the following ways:

(a) it may invest on the money markets;

(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.

2. Without prejudice to the provisions of Article 23, the Bank shall not, in managing its
investments, 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.

3. The Bank shall, in the fields covered by this Article, act in agreement with the competent
authorities or with the national central bank of the Member State concerned.

C 83/262 EN Official Journal of the European Union 30.3.2010

_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.

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.

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.

30.3.2010 EN Official Journal of the European Union C 83/263

_Article 24_

(ex Article 26)

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.

Such decision shall not release either the State or its nationals from their obligations towards the
Bank.

_Article 25_

(ex Article 27)

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.

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.

C 83/264 EN Official Journal of the European Union 30.3.2010

_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 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.

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
unanimously.

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
incorporated under Union law to joint schemes with the Bank, in compliance with the respective
internal procedures.

30.3.2010 EN Official Journal of the European Union C 83/265

## 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,

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,

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.

C 83/266 EN Official Journal of the European Union 30.3.2010

## PROTOCOL (No 7)

**ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN UNION**

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 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:

CHAPTER I

PROPERTY, FUNDS, ASSETS AND OPERATIONS OF THE EUROPEAN UNION

_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.

_Article 2_

The archives of the Union shall be inviolable.

_Article 3_

The Union, its assets, revenues and other property shall be exempt from all direct taxes.

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.

30.3.2010 EN Official Journal of the European Union C 83/267

_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.

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 Commission may conclude agreements for these _laissez-passer_ to be recognised as valid travel
documents within the territory of third countries.

CHAPTER III

MEMBERS OF THE EUROPEAN PARLIAMENT

_Article 7_

(ex Article 8)

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.

C 83/268 EN Official Journal of the European Union 30.3.2010

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
representatives 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.

_Article 9_

(ex Article 10)

During the sessions of the European Parliament, its Members shall enjoy:

(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.

CHAPTER IV

REPRESENTATIVES OF MEMBER STATES TAKING PART IN THE WORK OF THE INSTITUTIONS

OF THE EUROPEAN UNION

_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.

30.3.2010 EN Official Journal of the European Union C 83/269

CHAPTER V

OFFICIALS AND OTHER SERVANTS OF THE EUROPEAN UNION

_Article 11_

(ex Article 12)

In the territory of each Member State and whatever their nationality, officials and other servants of
the Union shall:

(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;

(b) together with their spouses and dependent members of their families, not be subject to
immigration restrictions or to formalities for the registration of aliens;

(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.

_Article 12_

(ex Article 13)

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 the ordinary legislative procedure and after consultation of the institutions
concerned.

They shall be exempt from national taxes on salaries, wages and emoluments paid by the Union.

C 83/270 EN Official Journal of the European Union 30.3.2010

_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
international organisations shall not be taken into consideration in applying the provisions of this
Article.

_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.

30.3.2010 EN Official Journal of the European Union C 83/271

CHAPTER VI

PRIVILEGES AND IMMUNITIES OF MISSIONS OF THIRD COUNTRIES ACCREDITED TO THE

EUROPEAN UNION

_Article 16_

(ex Article 17)

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.

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.

_Article 18_

(ex Article 19)

The institutions of the Union shall, for the purpose of applying this Protocol, cooperate with the
responsible authorities of the Member States concerned.

_Article 19_

(ex Article 20)

Articles 11 to 14 and Article 17 shall apply to the President of the European Council.

They shall also apply to Members of the Commission.

_Article 20_

(ex Article 21)

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.

C 83/272 EN Official Journal of the European Union 30.3.2010

_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.

30.3.2010 EN Official Journal of the European Union C 83/273

## 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.

_Article 3_

Nothing in the agreement referred to in Article 1 shall affect Article 344 of the Treaty on the
Functioning of the European Union.

C 83/274 EN Official Journal of the European Union 30.3.2010

## 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.

30.3.2010 EN Official Journal of the European Union C 83/275

## 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
international 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,

C 83/276 EN Official Journal of the European Union 30.3.2010

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 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:

(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.

_Article 2_

To achieve the objectives laid down in Article 1, Member States participating in permanent structured
cooperation shall undertake to:

(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
Development Mechanism’;

30.3.2010 EN Official Journal of the European Union C 83/277

(e) take part, where appropriate, in the development of major joint or European equipment
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 recommendations and decisions adopted in
accordance with Article 46 of the Treaty on European Union.

C 83/278 EN Official Journal of the European Union 30.3.2010

## 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.

30.3.2010 EN Official Journal of the European Union C 83/279

## PROTOCOL (No 12)

**ON THE EXCESSIVE DEFICIT PROCEDURE**

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 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 reference values referred to in Article 126(2) of the Treaty on the Functioning of the European
Union are:

— 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.

_Article 2_

In Article 126 of the said Treaty and in this Protocol:

— ‘government’ means general government, that is central government, regional or local
government and social security funds, to the exclusion of commercial operations, as defined in
the European System of Integrated Economic Accounts;

— ‘deficit’ means net borrowing as defined in the European System of Integrated Economic
Accounts;

— ‘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.

_Article 3_

In order to ensure the effectiveness of the excessive deficit procedure, the governments of the
Member States shall be responsible under this procedure for the deficits of general government as

C 83/280 EN Official Journal of the European Union 30.3.2010

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.

_Article 4_

The statistical data to be used for the application of this Protocol shall be provided by the
Commission.

30.3.2010 EN Official Journal of the European Union C 83/281

## 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 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 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
examination, 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 in the second 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.

_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
examination. 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.

_Article 4_

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

C 83/282 EN Official Journal of the European Union 30.3.2010

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.

_Article 5_

The statistical data to be used for the application of this Protocol shall be provided by the
Commission.

_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.

30.3.2010 EN Official Journal of the European Union C 83/283

## PROTOCOL (No 14)

**ON THE EURO GROUP**

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
representatives of the Ministers with responsibility for finance of the Member States whose
currency is the euro and of the Commission.

_Article 2_

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.

C 83/284 EN Official Journal of the European Union 30.3.2010

## 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 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 United Kingdom.

3. The United Kingdom shall retain its powers in the field of monetary policy according to 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.

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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 United Kingdom shall also have no right to participate in the appointment of the President, the
Vice-President and the other members of the Executive Board of the ECB under the second
subparagraph of Article 283(2) of the said Treaty.

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
derogation.

9. The United Kingdom may notify the Council at any time of its intention to adopt the euro. 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.

(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.

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(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.

30.3.2010 EN Official Journal of the European Union C 83/287

## PROTOCOL (No 16)

**ON CERTAIN PROVISIONS RELATING TO DENMARK**

THE HIGH CONTRACTING PARTIES,

TAKING INTO ACCOUNT that the Danish Constitution contains provisions which may imply a
referendum in Denmark prior to Denmark renouncing its exemption,

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:

1. In view of the notice given to the Council by the Danish Government on 3 November 1993,
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.

3. In the event of abrogation of the exemption status, the provisions of this Protocol shall cease to
apply.

C 83/288 EN Official Journal of the European Union 30.3.2010

## PROTOCOL (No 17)

**ON 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 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
Union.

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## PROTOCOL (No 18)

**ON FRANCE**

THE HIGH CONTRACTING PARTIES,

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 to the Treaty on the Functioning of the European Union:

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.

C 83/290 EN Official Journal of the European Union 30.3.2010

## 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_ . 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.

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_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. The Council will substitute itself for the Executive Committee established by the
Schengen agreements.

_Article 3_

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 4_

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_

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.

_Article 5_

1. Proposals and initiatives to build upon the Schengen _acquis_ shall be subject to the relevant
provisions of the Treaties.

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 shall

C 83/292 EN Official Journal of the European Union 30.3.2010

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.

_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 financial consequences resulting from the implementation of this
Protocol.

A separate Agreement shall be concluded with Iceland and Norway by the Council, acting
unanimously, 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_

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.

30.3.2010 EN Official Journal of the European Union C 83/293

## 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.

_Article 2_

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.

C 83/294 EN Official Journal of the European Union 30.3.2010

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.

30.3.2010 EN Official Journal of the European Union C 83/295

## 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 in accordance with
Article 238(3) of the Treaty on the Functioning of the European Union.

_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.

C 83/296 EN Official Journal of the European Union 30.3.2010

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
unanimously. 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 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.

_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 for in Article 331(1) of the Treaty on the Functioning of the European Union
_mutatis mutandis_ .
shall apply

_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.

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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 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.

_Article 7_

Articles 3, 4 and 4 _a_ shall be without prejudice to the Protocol on the Schengen _acquis_ integrated into
the framework of the European Union.

_Article 8_

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.

C 83/298 EN Official Journal of the European Union 30.3.2010

_Article 9_

With regard to Ireland, this Protocol shall not apply to Article 75 of the Treaty on the Functioning of
the European Union.

30.3.2010 EN Official Journal of the European Union C 83/299

## 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 in accordance with
Article 238(3) of the Treaty on the Functioning of the European Union.

C 83/300 EN Official Journal of the European Union 30.3.2010

_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.

_Article 3_

Denmark shall bear no financial consequences of measures referred to in Article 1, other than
administrative costs entailed for the institutions.

_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.

PART II

_Article 5_

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. Therefore

30.3.2010 EN Official Journal of the European Union C 83/301

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.

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
constitutional 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.

C 83/302 EN Official Journal of the European Union 30.3.2010

_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.

_Article 3_

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.

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.

_Article 4_

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 5_

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.

2. However, in cases where the Council, acting on a proposal from the Commission, determines that the nonparticipation 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.

30.3.2010 EN Official Journal of the European Union C 83/303

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.

_Article 8_

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 9_

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.

C 83/304 EN Official Journal of the European Union 30.3.2010

## 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.

30.3.2010 EN Official Journal of the European Union C 83/305

## 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
guaranteed 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
interpretation 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,

C 83/306 EN Official Journal of the European Union 30.3.2010

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
affecting in any way, whatever the cases may be, the decision-making power of the Member
State.

30.3.2010 EN Official Journal of the European Union C 83/307

## 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.

C 83/308 EN Official Journal of the European Union 30.3.2010

## PROTOCOL (No 26)

**ON SERVICES OF GENERAL INTEREST**

THE HIGH CONTRACTING PARTIES,

WISHING to emphasise the importance of services of general interest,

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
situations;

— a high level of quality, safety and affordability, equal treatment and the promotion of universal
access and of user rights.

_Article 2_

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.

30.3.2010 EN Official Journal of the European Union C 83/309

## 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
Functioning of the European Union.

C 83/310 EN Official Journal of the European Union 30.3.2010

## PROTOCOL (No 28)

**ON ECONOMIC, SOCIAL AND TERRITORIAL**

**COHESION**

THE HIGH CONTRACTING PARTIES,

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 the desire for greater flexibility in the arrangements for allocations from the Structural Funds,

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
development 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,

30.3.2010 EN Official Journal of the European Union C 83/311

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.

C 83/312 EN Official Journal of the European Union 30.3.2010

## PROTOCOL (No 29)

**ON THE SYSTEM OF PUBLIC BROADCASTING IN THE**

**MEMBER STATES**

THE HIGH CONTRACTING PARTIES,

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,

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.

30.3.2010 EN Official Journal of the European Union C 83/313

## 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
administrative 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,

C 83/314 EN Official Journal of the European Union 30.3.2010

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
administrative 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.

_Article 2_

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.

30.3.2010 EN Official Journal of the European Union C 83/315

## 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:

_Article 1_

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 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.

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.

3. The Council shall be informed of decisions taken by the Commission in pursuance of
paragraphs 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.

C 83/316 EN Official Journal of the European Union 30.3.2010

_Article 4_

1. If a Member State considers that imports of petroleum products refined in the 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.

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_

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
Netherlands Antilles. In such a case preferential treatment shall be granted to the Netherlands
Antilles as compared with third countries.

_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. When such revision is made, however, equivalent preferences must in any case be maintained
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 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.

30.3.2010 EN Official Journal of the European Union C 83/317

_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

C 83/318 EN Official Journal of the European Union 30.3.2010

## 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.

30.3.2010 EN Official Journal of the European Union C 83/319

## 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.

C 83/320 EN Official Journal of the European Union 30.3.2010

## PROTOCOL (No 34)

**ON SPECIAL ARRANGEMENTS FOR GREENLAND**

_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.

30.3.2010 EN Official Journal of the European Union C 83/321

## 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.

C 83/322 EN Official Journal of the European Union 30.3.2010

## PROTOCOL (No 36)

**ON TRANSITIONAL PROVISIONS**

THE HIGH CONTRACTING PARTIES,

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.

TITLE I

**PROVISIONS CONCERNING THE EUROPEAN PARLIAMENT**

_Article 2_

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 2009 European Parliament elections.

Until the end of the 2004-2009 parliamentary term, the composition and the number of
representatives elected to the European Parliament shall remain the same as on the date of the
entry into force of the Treaty of Lisbon.

TITLE II

**PROVISIONS CONCERNING THE QUALIFIED MAJORITY**

_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 on
1 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.

30.3.2010 EN Official Journal of the European Union C 83/323

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 12
Bulgaria 10
Czech Republic 12
Denmark 7

Germany 29

Estonia 4

Ireland 7

Greece 12

Spain 27

France 29
Italy 29
Cyprus 4

Latvia 4

Lithuania 7

Luxembourg 4
Hungary 12
Malta 3

Netherlands 13

Austria 10

Poland 27
Portugal 12

Romania 14

Slovenia 4

Slovakia 7

Finland 7

Sweden 10
United Kingdom 29

Acts shall be adopted if there are at least 255 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 255 votes in favour representing at least two thirds of
the members.

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.

4. Until 31 October 2014, the qualified majority shall, in cases where, under the Treaties, not all
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.

TITLE III

**PROVISIONS CONCERNING THE CONFIGURATIONS OF THE COUNCIL**

_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.

C 83/324 EN Official Journal of the European Union 30.3.2010

TITLE IV

**PROVISIONS CONCERNING THE COMMISSION, INCLUDING THE HIGH**

**REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY**

_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_

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.

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 12
Bulgaria 12
Czech Republic 12
Denmark 9

Germany 24

Estonia 7

Ireland 9

Greece 12

Spain 21

France 24

Italy 24
Cyprus 6

Latvia 7

Lithuania 9
Luxembourg 6
Hungary 12

30.3.2010 EN Official Journal of the European Union C 83/325

Malta 5

Netherlands 12

Austria 12

Poland 21

Portugal 12

Romania 15

Slovenia 7

Slovakia 9

Finland 9

Sweden 12
United Kingdom 24

_Article 8_

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:

Belgium 12
Bulgaria 12
Czech Republic 12
Denmark 9

Germany 24

Estonia 7

Ireland 9

Greece 12

Spain 21

France 24

Italy 24
Cyprus 6

Latvia 7

Lithuania 9
Luxembourg 6

Hungary 12
Malta 5

Netherlands 12

Austria 12

Poland 21

Portugal 12

Romania 15

Slovenia 7

Slovakia 9

Finland 9

Sweden 12
United Kingdom 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

C 83/326 EN Official Journal of the European Union 30.3.2010

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.

3. In any case, the transitional measure mentioned in paragraph 1 shall cease to have effect 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.

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.

30.3.2010 EN Official Journal of the European Union C 83/327

## 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’.

2. The revenue from these assets, referred to as the ‘Research Fund for Coal and Steel’, shall be
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.

C 83/328 EN Official Journal of the European Union 30.3.2010

_Article 3_

Except as otherwise provided in this Protocol and in the acts adopted on the basis hereof, the
provisions of the Treaties shall apply.

30.3.2010 EN Official Journal of the European Union C 83/329

## **ANNEXES**

30.3.2010 EN Official Journal of the European Union C 83/331

_ANNEX I_

**LIST REFERRED TO IN ARTICLE 38 OF THE TREATY ON THE FUNCTIONING OF THE**

**EUROPEAN UNION**

|(1)<br>No in the Brussels<br>nomenclature|(2)<br>Description of products|
|---|---|
|Chapter 1<br>Chapter 2<br>Chapter 3<br>Chapter 4<br>Chapter 5<br>05.04<br>05.15<br>Chapter 6<br>Chapter 7<br>Chapter 8<br>Chapter 9<br>Chapter 10<br>Chapter 11<br>Chapter 12<br>Chapter 13<br>ex 13.03<br>Chapter 15<br>15.01<br>15.02<br>15.03<br>15.04<br>15.07<br>15.12|Live animals<br>Meat and edible meat offal<br>Fish, crustaceans and molluscs<br>Dairy produce; birds’ eggs; natural honey<br>Guts, bladders and stomachs of animals (other than fish), whole and<br>pieces thereof<br>Animal products not elsewhere specified or included; dead animals of<br>Chapter 1 or Chapter 3, unfit for human consumption<br>Live trees and other plants; bulbs, roots and the like; cut flowers and<br>ornamental foliage<br>Edible vegetables and certain roots and tubers<br>Edible fruit and nuts; peel of melons or citrus fruit<br>Coffee, tea and spices, excluding maté (heading No 09.03)<br>Cereals<br>Products of the milling industry; malt and starches; gluten; inulin<br>Oil seeds and oleaginous fruit; miscellaneous grains, seeds and fruit;<br>industrial and medical plants; straw and fodder<br>Pectin<br>Lard and other rendered pig fat; rendered poultry fat<br>Unrendered fats of bovine cattle, sheep or goats; tallow (including<br>‘premier jus’) produced from those fats<br>Lard stearin, oleostearin and tallow stearin; lard oil, oleo-oil and tallow<br>oil, not emulsified or mixed or prepared in any way<br>Fats and oil, of fish and marine mammals, whether or not refined<br>Fixed vegetable oils, fluid or solid, crude, refined or purified<br>Animal or vegetable fats and oils, hydrogenated, whether or not refined,<br>but not further prepared|

C 83/332 EN Official Journal of the European Union 30.3.2010

|(1)<br>No in the Brussels<br>nomenclature|(2)<br>Description of products|
|---|---|
|15.13<br>15.17<br>Chapter 16<br>Chapter 17<br>17.01<br>17.02<br>17.03<br>17.05 (*)<br>Chapter 18<br>18.01<br>18.02<br>Chapter 20<br>Chapter 22<br>22.04<br>22.05<br>22.07<br>ex 22.08 (*)<br>ex 22.09 (*)<br>22.10 (*)<br>Chapter 23<br>Chapter 24<br>24.01<br>Chapter 45<br>45.01|Margarine, imitation lard and other prepared edible fats<br>Residues resulting from the treatment of fatty substances or animal or<br>vegetable waxes<br>Preparations of meat, of fish, of crustaceans or molluscs<br>Beet sugar and cane sugar, solid<br>Other sugars; sugar syrups; artificial honey (whether or not mixed with<br>natural honey); caramel<br>Molasses, whether or not decolourised<br>Flavoured or coloured sugars, syrups and molasses (including vanilla<br>sugar or vanillin), with the exception of fruit juice containing added<br>sugar in any proportion<br>Cocoa beans, whole or broken, raw or roasted<br>Cocoa shells, husks, skins and waste<br>Preparations of vegetables, fruit or other parts of plants<br>Grape must, in fermentation or with fermentation arrested otherwise<br>than by the addition of alcohol<br>Wine of fresh grapes; grape must with fermentation arrested by the<br>addition of alcohol<br>Other fermented beverages (for example, cider, perry and mead)<br>Ethyl alcohol or neutral spirits, whether or not denatured, of any<br>strength, obtained from agricultural products listed in Annex I,<br>excluding liqueurs and other spirituous beverages and compound<br>alcoholic preparations (known as ‘concentrated extracts’) for the<br>manufacture of beverages<br>Vinegar and substitutes for vinegar<br>Residues and waste from the food industries; prepared animal fodder<br>Unmanufactured tobacco, tobacco refuse<br>Natural cork, unworked, crushed, granulated or ground; waste cork|

30.3.2010 EN Official Journal of the European Union C 83/333

|(1)<br>No in the Brussels<br>nomenclature|(2)<br>Description of products|
|---|---|
|Chapter 54<br>54.01<br>Chapter 57<br>57.01|Flax, raw or processed but not spun; flax tow and waste (including pulled<br>or garnetted rags)<br>True hemp (Cannabis sativa), raw or processed but not spun; tow and<br>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).

C 83/334 EN Official Journal of the European Union 30.3.2010

_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,

— Mayotte,

— Saint Pierre and Miquelon,

— 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.

30.3.2010 EN Official Journal of the European Union C 83/335

## **DECLARATIONS**

**ANNEXED TO THE FINAL ACT OF THE INTERGOVERNMENTAL**
**CONFERENCE WHICH ADOPTED THE TREATY OF LISBON,**

_**signed on 13 December 2007**_

30.3.2010 EN Official Journal of the European Union C 83/337

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.

C 83/338 EN Official Journal of the European Union 30.3.2010

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 decisionmaking 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,

30.3.2010 EN Official Journal of the European Union C 83/339

HAS DECIDED AS FOLLOWS:

Section 1

Provisions to be applied from 1 November 2014 to 31 March 2017

_Article 1_

From 1 November 2014 to 31 March 2017, if members of the Council, representing:

(a) at least three quarters of the population, or

(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.

_Article 2_

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 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.

Section 2

Provisions to be applied as from 1 April 2017

_Article 4_

As from 1 April 2017, if members of the Council, representing:

(a) at least 55 % of the population, or

(b) at least 55 % of the number of Member States

C 83/340 EN Official Journal of the European Union 30.3.2010

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.

_Article 5_

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 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 sixmonthly 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.

30.3.2010 EN Official Journal of the European Union C 83/341

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 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.

2. Each member of the group shall in turn chair for a six-month period all configurations of the
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.

_Article 2_

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.

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.

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
configuration, unless decided otherwise in accordance with Article 4.

_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
Secretariat of the Council.

C 83/342 EN Official Journal of the European Union 30.3.2010

_Article 4_

The Council shall adopt a decision establishing the measures for the implementation of this decision.

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
appropriate. 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.

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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.

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,
responsibilities, 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.

15. **Declaration on Article 27 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.

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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.

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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
Intergovernmental 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.

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

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.

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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.

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27. **Declaration on Article 85(1), second subparagraph, of the Treaty on the**
**Functioning of the European Union**

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.

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.

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 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

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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.

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

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 international**
**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.

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

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 manmade 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.

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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 AdvocatesGeneral 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.

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

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.

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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 nonparticipation 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**_
**ntegrated 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 reexamination 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
participation in some or all of the _acquis_ referred to in any decision taken by the Council
pursuant to Article 4 of the said Protocol.

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

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:

THE MEMBER STATES OF THE COMMUNITY

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;

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;

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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 fiveyear 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.

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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.

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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
establishing 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.

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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.

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.

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.

C 83/358 EN Official Journal of the European Union 30.3.2010

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.

30.3.2010 EN Official Journal of the European Union C 83/359

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.

30.3.2010 EN Official Journal of the European Union C 83/361

**TABLES OF EQUIVALENCES** (*)

**Treaty on European Union**

|Old numbering of the Treaty on European<br>Union|New numbering of the Treaty on European<br>Union|
|---|---|
|TITLE I — COMMON PROVISIONS|TITLE I — COMMON PROVISIONS|
|Article 1|Article 1|
||Article 2|
|Article 2|Article 3|
|Article 3 (repealed) ( 1 )||
||Article 4|
||Article 5 ( 2 )|
|Article 4 (repealed) ( 3 )||
|Article 5 (repealed) ( 4 )||
|Article 6|Article 6|
|Article 7|Article 7|
||Article 8|
|TITLE II — PROVISIONS AMENDING THE<br>TREATY ESTABLISHING THE EUROPEAN<br>ECONOMIC COMMUNITY WITH A VIEW TO<br>ESTABLISHING THE EUROPEAN<br>COMMUNITY|TITLE II — PROVISIONS ON DEMOCRATIC<br>PRINCIPLES|
|Article 8 (repealed) ( 5 )|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.

C 83/362 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty on European<br>Union|New numbering of the Treaty on European<br>Union|
|---|---|
||Article 11|
||Article 12|
|TITLE III — PROVISIONS AMENDING THE<br>TREATY ESTABLISHING THE EUROPEAN<br>COAL AND STEEL COMMUNITY|TITLE III — PROVISIONS ON THE<br>INSTITUTIONS|
|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<br>TREATY ESTABLISHING THE EUROPEAN<br>ATOMIC ENERGY COMMUNITY|TITLE IV — PROVISIONS ON ENHANCED<br>COOPERATION|
|Article 10 (repealed) ( 13 ) <br>_Articles 27a to 27e (replaced)_<br>_Articles 40 to 40b (replaced)_<br>_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 11 _a_ TEC.

30.3.2010 EN Official Journal of the European Union C 83/363

|Old numbering of the Treaty on European<br>Union|New numbering of the Treaty on European<br>Union|
|---|---|
|TITLE V — PROVISIONS ON A COMMON<br>FOREIGN AND SECURITY POLICY|TITLE V — GENERAL PROVISIONS ON THE<br>UNION’S EXTERNAL ACTION AND SPECIFIC<br>PROVISIONS ON THE COMMON FOREIGN<br>AND SECURITY POLICY|
||Chapter 1 — General provisions on the<br>Union’s external action|
||Article 21|
||Article 22|
||Chapter 2 — Specific provisions on the<br>common foreign and security policy|
||Section 1 — Common provisions|
||Article 23|
|Article 11|Article 24|
|Article 12|Article 25|
|Article 13|Article 26|
||Article 27|
|Article 14|Article 28|
|Article 15|Article 29|
|_Article 22 (moved)_|Article 30|
|_Article 23 (moved)_|Article 31|
|Article 16|Article 32|
|Article 17 (moved)|_Article 42_|
|Article 18|Article 33|
|Article 19|Article 34|
|Article 20|Article 35|
|Article 21|Article 36|
|Article 22 (moved)|_Article 30_|
|Article 23 (moved)|_Article 31_|
|Article 24|Article 37|

C 83/364 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty on European<br>Union|New numbering of the Treaty on European<br>Union|
|---|---|
|Article 25|Article 38|
||Article 39|
|_Article 47 (moved)_|Article 40|
|Article 26 (repealed)||
|Article 27 (repealed)||
|Article 27_a_ (replaced) ( 15 )|_Article 20_|
|Article 27_b_ (replaced) ( 15 )|_Article 20_|
|Article 27_c_ (replaced) ( 15 )|_Article 20_|
|Article 27_d_ (replaced) ( 15 )|_Article 20_|
|Article 27_e_ (replaced) ( 15 )|_Article 20_|
|Article 28|Article 41|
||Section 2 — Provisions on the common<br>security and defence policy|
|_Article 17 (moved)_|Article 42|
||Article 43|
||Article 44|
||Article 45|
||Article 46|
|TITLE VI — PROVISIONS ON POLICE AND<br>JUDICIAL COOPERATION IN CRIMINAL<br>MATTERS (repealed) ( 16 )||
|Article 29 (replaced) ( 17 )||
|Article 30 (replaced) ( 18 )||
|Article 31 (replaced) ( 19 )||

( [15] ) The current Articles 27 _a_ to 27 _e_, 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.

30.3.2010 EN Official Journal of the European Union C 83/365

|Old numbering of the Treaty on European<br>Union|New numbering of the Treaty on European<br>Union|
|---|---|
|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 20_|
|Article 40 A (replaced) ( 23 )|_Article 20_|
|Article 40 B (replaced) ( 23 )|_Article 20_|
|Article 41 (repealed)||
|Article 42 (repealed)||
|TITLE VII — PROVISIONS ON ENHANCED<br>COOPERATION (replaced) ( 24 )|_TITLE IV — PROVISIONS ON ENHANCED_<br>_COOPERATION_|
|Article 43 (replaced) ( 24 )|_Article 20_|
|Article 43 A (replaced) ( 24 )|_Article 20_|
|Article 43 B (replaced) ( 24 )|_Article 20_|
|Article 44 (replaced) ( 24 )|_Article 20_|
|Article 44 A (replaced) ( 24 )|_Article 20_|
|Article 45 (replaced) ( 24 )|_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.

C 83/366 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty on European<br>Union|New numbering of the Treaty on European<br>Union|
|---|---|
|Article 47 (replaced)|_Article 40_|
|Article 48|Article 48|
|Article 49|Article 49|
||Article 50|
||Article 51|
||Article 52|
|Article 50 (repealed)||
|Article 51|Article 53|
|Article 52|Article 54|
|Article 53|Article 55|

**Treaty on the Functioning of the European Union**

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|PART ONE — PRINCIPLES|PART ONE — PRINCIPLES|
|Article 1 (repealed)||
||Article 1|
|Article 2 (repealed) ( 25 )||
||Title I — Categories and areas of union<br>competence|
||Article 2|
||Article 3|
||Article 4|
||Article 5|
||Article 6|
||Title II — Provisions having general application|

( [25] ) Replaced, in substance, by Article 3 TEU.

30.3.2010 EN Official Journal of the European Union C 83/367

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
||Article 7|
|Article 3, paragraph 1 (repealed) ( 26 )||
|Article 3, paragraph 2|Article 8|
|Article 4 (moved)|_Article 119_|
|Article 5 (replaced) ( 27 )||
||Article 9|
||Article 10|
|Article 6|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 )|_Articles 326 to 334_|
|Article 11_a_ (replaced) ( 32 )|_Articles 326 to 334_|
|Article 12 (moved)|_Article 18_|
|Article 13 (moved)|_Article 19_|
|Article 14 (moved)|_Article 26_|
|Article 15 (moved)|_Article 27_|
|Article 16|Article 14|
|_Article 255 (moved)_|Article 15|
|_Article 286 (moved)_|Article 16|

( [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.

C 83/368 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
||Article 17|
|PART TWO — CITIZENSHIP OF THE UNION|PART TWO — NON-DISCRIMINATION AND<br>CITIZENSHIP OF THE UNION|
|_Article 12 (moved)_|Article 18|
|_Article 13 (moved)_|Article 19|
|Article 17|Article 20|
|Article 18|Article 21|
|Article 19|Article 22|
|Article 20|Article 23|
|Article 21|Article 24|
|Article 22|Article 25|
|PART THREE — COMMUNITY POLICIES|PART THREE — POLICIES AND INTERNAL<br>ACTIONS OF THE UNION|
||Title I — The internal market|
|_Article 14 (moved)_|Article 26|
|_Article 15 (moved)_|Article 27|
|Title I — Free movement of goods|Title II — Free movement of goods|
|Article 23|Article 28|
|Article 24|Article 29|
|Chapter 1 — The customs union|Chapter 1 — The customs union|
|Article 25|Article 30|
|Article 26|Article 31|
|Article 27|Article 32|
|_Part Three, Title X, Customs cooperation (moved)_|Chapter 2 — Customs cooperation|
|_Article 135 (moved)_|Article 33|
|Chapter 2 — Prohibition of quantitative<br>restrictions between Member States|Chapter 3 — Prohibition of quantitative<br>restrictions between Member States|
|Article 28|Article 34|

30.3.2010 EN Official Journal of the European Union C 83/369

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|Article 29|Article 35|
|Article 30|Article 36|
|Article 31|Article 37|
|Title II — Agriculture|Title III — Agriculture and fisheries|
|Article 32|Article 38|
|Article 33|Article 39|
|Article 34|Article 40|
|Article 35|Article 41|
|Article 36|Article 42|
|Article 37|Article 43|
|Article 38|Article 44|
|Title III — Free movement of persons, services<br>and capital|Title IV — Free movement of persons, services<br>and capital|
|Chapter 1 — Workers|Chapter 1 — Workers|
|Article 39|Article 45|
|Article 40|Article 46|
|Article 41|Article 47|
|Article 42|Article 48|
|Chapter 2 — Right of establishment|Chapter 2 — Right of establishment|
|Article 43|Article 49|
|Article 44|Article 50|
|Article 45|Article 51|
|Article 46|Article 52|
|Article 47|Article 53|
|Article 48|Article 54|
|_Article 294 (moved)_|Article 55|
|Chapter 3 — Services|Chapter 3 — Services|
|Article 49|Article 56|

C 83/370 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|Article 50|Article 57|
|Article 51|Article 58|
|Article 52|Article 59|
|Article 53|Article 60|
|Article 54|Article 61|
|Article 55|Article 62|
|Chapter 4 — Capital and payments|Chapter 4 — Capital and payments|
|Article 56|Article 63|
|Article 57|Article 64|
|Article 58|Article 65|
|Article 59|Article 66|
|Article 60 (moved)|_Article 75_|
|Title IV — Visas, asylum, immigration and<br>other policies related to free movement of<br>persons|Title V — Area of freedom, security and justice|
||Chapter 1 — General provisions|
|Article 61|Article 67 ( 33 )|
||Article 68|
||Article 69|
||Article 70|
||Article 71 ( 34 )|
|_Article 64, paragraph 1 (replaced)_|Article 72 ( 35 )|
||Article 73|
|_Article 66 (replaced)_|Article 74|
|_Article 60 (moved)_|Article 75|
||Article 76|

( [33] ) Also replaces the current Article 29 TEU.
( [34] ) Replaces the current Article 36 TEU.
( [35] ) Also replaces the current Article 33 TEU.

30.3.2010 EN Official Journal of the European Union C 83/371

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
||Chapter 2 — Policies on border checks, asylum<br>and immigration|
|Article 62|Article 77|
|Article 63, points 1 et 2, and Article 64,<br>paragraph 2 ( 36 )|Article 78|
|Article 63, points 3 and 4|Article 79|
||Article 80|
|Article 64, paragraph 1 (replaced)|_Article 72_|
||Chapter 3 — Judicial cooperation in civil<br>matters|
|Article 65|Article 81|
|Article 66 (replaced)|_Article 74_|
|Article 67 (repealed)||
|Article 68 (repealed)||
|Article 69 (repealed)||
||Chapter 4 — Judicial cooperation in criminal<br>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.

C 83/372 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|Title V — Transport|Title VI — Transport|
|Article 70|Article 90|
|Article 71|Article 91|
|Article 72|Article 92|
|Article 73|Article 93|
|Article 74|Article 94|
|Article 75|Article 95|
|Article 76|Article 96|
|Article 77|Article 97|
|Article 78|Article 98|
|Article 79|Article 99|
|Article 80|Article 100|
|Title VI — Common rules on competition,<br>taxation and approximation of laws|Title VII — Common rules on competition,<br>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 101|
|Article 82|Article 102|
|Article 83|Article 103|
|Article 84|Article 104|
|Article 85|Article 105|
|Article 86|Article 106|
|Section 2 — Aids granted by States|Section 2 — Aids granted by States|
|Article 87|Article 107|
|Article 88|Article 108|
|Article 89|Article 109|
|Chapter 2 — Tax provisions|Chapter 2 — Tax provisions|

30.3.2010 EN Official Journal of the European Union C 83/373

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|Article 90|Article 110|
|Article 91|Article 111|
|Article 92|Article 112|
|Article 93|Article 113|
|Chapter 3 — Approximation of laws|Chapter 3 — Approximation of laws|
|_Article 95 (moved)_|Article 114|
|_Article 94 (moved)_|Article 115|
|Article 96|Article 116|
|Article 97|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 120|
|Article 99|Article 121|
|Article 100|Article 122|
|Article 101|Article 123|
|Article 102|Article 124|
|Article 103|Article 125|
|Article 104|Article 126|
|Chapter 2 — monetary policy|Chapter 2 — monetary policy|
|Article 105|Article 127|
|Article 106|Article 128|
|Article 107|Article 129|
|Article 108|Article 130|
|Article 109|Article 131|
|Article 110|Article 132|

C 83/374 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning 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 283_|
|Article 113 (moved)|_Article 284_|
|Article 114|Article 134|
|Article 115|Article 135|
||Chapter 4 — Provisions specific to Member<br>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<br>3 to 9 (repealed)||
|Article 117, paragraph 2, first five indents<br>(moved)|_Article 141, paragraph 2_|
|_Article 121, paragraph 1 (moved)_<br>_Article 122, paragraph 2, second sentence (moved)_<br>_Article 123, paragraph 5 (moved)_|Article 140 ( 40 )|
|Article 118 (repealed)||
|_Article 123, paragraph 3 (moved)_<br>_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.

30.3.2010 EN Official Journal of the European Union C 83/375

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|_Article 124, paragraph 1 (moved)_|Article 142|
|Article 119|Article 143|
|Article 120|Article 144|
|Article 121, paragraph 1 (moved)|_Article 140, paragraph 1_|
|Article 121, paragraphs 2 to 4 (repealed)||
|Article 122, paragraphs 1, 2, first sentence, 3,<br>4, 5 and 6 (repealed)||
|Article 122, paragraph 2, second sentence<br>(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 145|
|Article 126|Article 146|
|Article 127|Article 147|
|Article 128|Article 148|
|Article 129|Article 149|
|Article 130|Article 150|
|Title IX — Common commercial policy<br>(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_|

C 83/376 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|Article 135 (moved)|_Article 33_|
|Title XI — Social policy, education, vocational<br>training and youth|Title X — Social policy|
|Chapter 1 — social provisions (repealed)||
|Article 136|Article 151|
||Article 152|
|Article 137|Article 153|
|Article 138|Article 154|
|Article 139|Article 155|
|Article 140|Article 156|
|Article 141|Article 157|
|Article 142|Article 158|
|Article 143|Article 159|
|Article 144|Article 160|
|Article 145|Article 161|
|Chapter 2 — The European Social Fund|Title XI — The European Social Fund|
|Article 146|Article 162|
|Article 147|Article 163|
|Article 148|Article 164|
|Chapter 3 — Education, vocational training<br>and youth|Title XII — Education, vocational training,<br>youth and sport|
|Article 149|Article 165|
|Article 150|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|

30.3.2010 EN Official Journal of the European Union C 83/377

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|Article 153, paragraphs 1, 3, 4 and 5|Article 169|
|Article 153, paragraph 2 (moved)|_Article 12_|
|Title XV — Trans–European networks|Title XVI — Trans–European networks|
|Article 154|Article 170|
|Article 155|Article 171|
|Article 156|Article 172|
|Title XVI — Industry|Title XVII — Industry|
|Article 157|Article 173|
|Title XVII — Economic and social cohesion|Title XVIII — Economic, social and territorial<br>cohesion|
|Article 158|Article 174|
|Article 159|Article 175|
|Article 160|Article 176|
|Article 161|Article 177|
|Article 162|Article 178|
|Title XVIII — Research and technological<br>development|Title XIX — Research and technological<br>development and space|
|Article 163|Article 179|
|Article 164|Article 180|
|Article 165|Article 181|
|Article 166|Article 182|
|Article 167|Article 183|
|Article 168|Article 184|
|Article 169|Article 185|
|Article 170|Article 186|
|Article 171|Article 187|
|Article 172|Article 188|
||Article 189|

C 83/378 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|Article 173|Article 190|
|Title XIX — Environment|Title XX — Environment|
|Article 174|Article 191|
|Article 175|Article 192|
|Article 176|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_<br>_cooperation_|
|Article 177 (moved)|_Article 208_|
|Article 178 (repealed) ( 42 )||
|Article 179 (moved)|_Article 209_|
|Article 180 (moved)|_Article 210_|
|Article 181 (moved)|_Article 211_|
|Title XXI — Economic, financial and technical<br>cooperation with third countries (moved)|_Part Five, Title III, Chapter 2, Economic, financial_<br>_and technical cooperation with third countries_|
|Article 181_a_ (moved)|_Article 212_|
|PART FOUR — ASSOCIATION OF THE<br>OVERSEAS COUNTRIES AND TERRITORIES|PART FOUR — ASSOCIATION OF THE<br>OVERSEAS COUNTRIES AND TERRITORIES|
|Article 182|Article 198|
|Article 183|Article 199|

( [42] ) Replaced, in substance, by the second sentence of the second subparagraph of paragraph 1 of
Article 208 TFEU.

30.3.2010 EN Official Journal of the European Union C 83/379

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|Article 184|Article 200|
|Article 185|Article 201|
|Article 186|Article 202|
|Article 187|Article 203|
|Article 188|Article 204|
||PART FIVE — THE UNION’S EXTERNAL<br>ACTION|
||Title I — General provisions on the Union’s<br>external action|
||Article 205|
|_Part Three, Title IX, Common commercial policy_<br>_(moved)_|Title II — Common commercial policy|
|_Article 131 (moved)_|Article 206|
|_Article 133 (moved)_|Article 207|
||Title III — Cooperation with third countries<br>and humanitarian aid|
|_Part Three, Title XX, Development cooperation_<br>_(moved)_|Chapter 1 — development cooperation|
|_Article 177 (moved)_|Article 208 ( 43 )|
|_Article 179 (moved)_|Article 209|
|_Article 180 (moved)_|Article 210|
|_Article 181 (moved)_|Article 211|
|_Part Three, Title XXI, Economic, financial and_<br>_technical cooperation with third countries (moved)_|Chapter 2 — Economic, financial and technical<br>cooperation with third countries|
|_Article 181a (moved)_|Article 212|
||Article 213|
||Chapter 3 — Humanitarian aid|
||Article 214|
||Title IV — Restrictive measures|

( [43] ) The second sentence of the second subparagraph of paragraph 1 replaces, in substance, Article 178
TEC.

C 83/380 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|_Article 301 (replaced)_|Article 215|
||Title V — International agreements|
||Article 216|
|_Article 310 (moved)_|Article 217|
|_Article 300 (replaced)_|Article 218|
|_Article 111, paragraphs 1 to 3 and 5 (moved)_|Article 219|
||Title VI — The Union’s relations with<br>international organisations and third countries<br>and the Union delegations|
|_Articles 302 to 304 (replaced)_|Article 220|
||Article 221|
||Title VII — Solidarity clause|
||Article 222|
|PART FIVE — INSTITUTIONS OF THE<br>COMMUNITY|PART SIX — INSTITUTIONAL AND<br>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 225|
|Article 193|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.

30.3.2010 EN Official Journal of the European Union C 83/381

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|Article 194|Article 227|
|Article 195|Article 228|
|Article 196|Article 229|
|Article 197, first paragraph (repealed) ( 48 )||
|Article 197, second, third and fourth<br>paragraphs|Article 230|
|Article 198|Article 231|
|Article 199|Article 232|
|Article 200|Article 233|
|Article 201|Article 234|
||Section 2 — The European Council|
||Article 235|
||Article 236|
|Section 2 — The Council|Section 3 — The Council|
|Article 202 (repealed) ( 49 )||
|Article 203 (repealed) ( 50 )||
|Article 204|Article 237|
|Article 205, paragraphs 2 and 4 (repealed) ( 51 )||
|Article 205, paragraphs 1 and 3|Article 238|
|Article 206|Article 239|
|Article 207|Article 240|
|Article 208|Article 241|
|Article 209|Article 242|
|Article 210|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.

C 83/382 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning 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 246|
|Article 216|Article 247|
|Article 217, paragraphs 1, 3 and 4<br>(repealed) ( 54 )||
|Article 217, paragraph 2|Article 248|
|Article 218, paragraph 1 (repealed) ( 55 )||
|Article 218, paragraph 2|Article 249|
|Article 219|Article 250|
|Section 4 — The Court of Justice|Section 5 — The Court of Justice of the<br>European Union|
|Article 220 (repealed) ( 56 )||
|Article 221, first paragraph (repealed) ( 57 )||
|Article 221, second and third paragraphs|Article 251|
|Article 222|Article 252|
|Article 223|Article 253|
|Article 224 ( 58 )|Article 254|
||Article 255|
|Article 225|Article 256|
|Article 225a|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.

30.3.2010 EN Official Journal of the European Union C 83/383

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|Article 226|Article 258|
|Article 227|Article 259|
|Article 228|Article 260|
|Article 229|Article 261|
|Article 229a|Article 262|
|Article 230|Article 263|
|Article 231|Article 264|
|Article 232|Article 265|
|Article 233|Article 266|
|Article 234|Article 267|
|Article 235|Article 268|
||Article 269|
|Article 236|Article 270|
|Article 237|Article 271|
|Article 238|Article 272|
|Article 239|Article 273|
|Article 240|Article 274|
||Article 275|
||Article 276|
|Article 241|Article 277|
|Article 242|Article 278|
|Article 243|Article 279|
|Article 244|Article 280|
|Article 245|Article 281|
||Section 6 — The European Central Bank|
||Article 282|
|_Article 112 (moved)_|Article 283|

C 83/384 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|_Article 113 (moved)_|Article 284|
|Section 5 — The Court of Auditors|Section 7 — The Court of Auditors|
|Article 246|Article 285|
|Article 247|Article 286|
|Article 248|Article 287|
|Chapter 2 — Provisions common to several<br>institutions|Chapter 2 — Legal acts of the Union, adoption<br>procedures and other provisions|
||Section 1 — The legal acts of the Union|
|Article 249|Article 288|
||Article 289|
||Article 290 ( 59 )|
||Article 291 ( 59 )|
||Article 292|
||Section 2 — Procedures for the adoption of<br>acts and other provisions|
|Article 250|Article 293|
|Article 251|Article 294|
|Article 252 (repealed)||
||Article 295|
|Article 253|Article 296|
|Article 254|Article 297|
||Article 298|
|Article 255 (moved)|_Article 15_|
|Article 256|Article 299|
||Chapter 3 — The Union’s advisory bodies|
||Article 300|
|Chapter 3 — The Economic and Social<br>Committee|Section 1 — The Economic and Social<br>Committee|

( [59] ) Replaces, in substance, the third indent of Article 202 TEC.

30.3.2010 EN Official Journal of the European Union C 83/385

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|Article 257 (repealed) ( 60 )||
|Article 258, first, second and fourth paragraphs|Article 301|
|Article 258, third paragraph (repealed) ( 61 )||
|Article 259|Article 302|
|Article 260|Article 303|
|Article 261 (repealed)||
|Article 262|Article 304|
|Chapter 4 — The Committee of the Regions|Section 2 — The Committee of the Regions|
|Article 263, first and fifth paragraphs<br>(repealed) ( 62 )||
|Article 263, second to fourth paragraphs|Article 305|
|Article 264|Article 306|
|Article 265|Article 307|
|Chapter 5 — The European Investment Bank|Chapter 4 — The European Investment Bank|
|Article 266|Article 308|
|Article 267|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<br>framework|
||Article 312|
||Chapter 3 — The Union’s annual budget|

( [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.

C 83/386 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning 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 315|
|_Article 271 (moved)_|Article 316|
||Chapter 4 — Implementation of the budget<br>and discharge|
|Article 274|Article 317|
|Article 275|Article 318|
|Article 276|Article 319|
||Chapter 5 — Common provisions|
|Article 277|Article 320|
|Article 278|Article 321|
|Article 279|Article 322|
||Article 323|
||Article 324|
||Chapter 6 — Combating fraud|
|Article 280|Article 325|
||Title III — Enhanced cooperation|
|_Articles 11 and 11a (replaced)_|Article 326 ( 64 )|
|_Articles 11 and 11a (replaced)_|Article 327 ( 64 )|
|_Articles 11 and 11a (replaced)_|Article 328 ( 64 )|
|_Articles 11 and 11a (replaced)_|Article 329 ( 64 )|
|_Articles 11 and 11a (replaced)_|Article 330 ( 64 )|
|_Articles 11 and 11a (replaced)_|Article 331 ( 64 )|
|_Articles 11 and 11a (replaced)_|Article 332 ( 64 )|

( [64] ) Also replaces the current Articles 27 _a_ to 27 _e_, 40 to 40 _b_, and 43 to 45 TEU.

30.3.2010 EN Official Journal of the European Union C 83/387

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|_Articles 11 and 11a (replaced)_|Article 333 ( 64 )|
|_Articles 11 and 11a (replaced)_|Article 334 ( 64 )|
|PART SIX — GENERAL AND FINAL<br>PROVISIONS|PART SEVEN — GENERAL AND FINAL<br>PROVISIONS|
|Article 281 (repealed) ( 65 )||
|Article 282|Article 335|
|Article 283|Article 336|
|Article 284|Article 337|
|Article 285|Article 338|
|Article 286 (replaced)|_Article 16_|
|Article 287|Article 339|
|Article 288|Article 340|
|Article 289|Article 341|
|Article 290|Article 342|
|Article 291|Article 343|
|Article 292|Article 344|
|Article 293 (repealed)||
|Article 294 (moved)|_Article 55_|
|Article 295|Article 345|
|Article 296|Article 346|
|Article 297|Article 347|
|Article 298|Article 348|
|Article 299, paragraph 1 (repealed) ( 66 )||
|Article 299, paragraph 2, second, third and<br>fourth subparagraphs|Article 349|
|Article 299, paragraph 2, first subparagraph,<br>and paragraphs 3 to 6 (moved)|_Article 355_|

( [64] ) Also replaces the current Articles 27 _a_ to 27 _e_, 40 to 40 _b_, and 43 to 45 TEU.
( [65] ) Replaced, in substance, by Article 47 TEU.
( [66] ) Replaced, in substance by Article 52 TEU.

C 83/388 EN Official Journal of the European Union 30.3.2010

|Old numbering of the Treaty establishing the<br>European Community|New numbering of the Treaty on the<br>Functioning of the European Union|
|---|---|
|Article 300 (replaced)|_Article 218_|
|Article 301 (replaced)|_Article 215_|
|Article 302 (replaced)|_Article 220_|
|Article 303 (replaced)|_Article 220_|
|Article 304 (replaced)|_Article 220_|
|Article 305 (repealed)||
|Article 306|Article 350|
|Article 307|Article 351|
|Article 308|Article 352|
||Article 353|
|Article 309|Article 354|
|Article 310 (moved)|_Article 217_|
|Article 311 (repealed) ( 67 )||
|_Article 299, paragraph 2,first subparagraph, and_<br>_paragraphs 3 to 6 (moved)_|Article 355|
|Article 312|Article 356|
|Final Provisions||
|Article 313|Article 357|
||Article 358|
|Article 314 (repealed) ( 68 )||

( [67] ) Replaced, in substance by Article 51 TEU.
( [68] ) Replaced, in substance by Article 55 TEU.