CELEX ID: 12016M048

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Document:
7.6.2016
EN
Official Journal of the European Union
C 202/41
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.
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.
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.
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.

Summary:
Revision of EU treaties
SUMMARY OF:
Article 48 of the Treaty on European Union
WHAT IS THE AIM OF THE ARTICLE?
The possibility to revise the 
Treaty on European Union
 (TEU) and the 
Treaty on the Functioning of the European Union
 (TFEU) is essential for the 
European Union
 (EU). It allows the framework of EU legislation and policies to be adapted to new challenges that the EU has to face. The 
Treaty of Lisbon
 now allows for an ordinary and a simplified revision procedure, which makes the revision process more democratic.
The revision procedures are described in Article 
48
 of the TEU. Whatever procedure is followed, EU 
Member States
 must unanimously agree on the revision of the treaty provisions concerned.
KEY POINTS
Ordinary revision procedure
The ordinary revision procedure concerns 
key amendments
 made to the treaties, such as increasing or reducing the 
competences
 (areas of legal authority) of the EU. It works as follows.
Any Member State government, the 
European Parliament
 or the 
European Commission
 may submit to the 
Council of the European Union
 a proposal to amend the treaties.
The Council submits these proposals to the 
European Council
 (consisting of the Heads of State and Government of the Member States), and the 
national parliaments
 are notified.
If the European Council decides to examine the proposed amendments, a 
convention
 will be convened by its 
president
 composed of representatives of the national parliaments, of the Heads of State or Government of the Member States, of the Parliament and of the Commission. The convention examines the proposals for amendments and shall adopt by consensus a recommendation to a conference of representatives of the governments of the Member States.
A 
conference of representatives of the governments of Member States
 is then convened by the President of the European Council with a view to adopting by consensus the proposed amendments to the treaties. The changes apply only after they have been ratified by all Member States.
The European Council may also decide, after obtaining the consent of the Parliament, not to convene a convention if amendments are not of great importance.
Simplified revision procedure
The Treaty of Lisbon creates a simplified procedure for the 
amendment of the EU’s internal policies and actions
 (Part III of the TFEU). The objective is to facilitate further European integration in these areas.
This procedure avoids the need to convene the convention and conference of representatives.
Amendments to the treaties only apply if they have been ratified by all Member States.
However, the legal authority of the EU may not be extended by means of a simplified revision procedure.
Passerelle clauses
Passerelle
 clauses
 are the second simplified revision procedure.
The general 
passerelle
 clause (Article 48 (7) TEU) concerns the two following cases.
Where the TFEU or Title V of the TEU provide for the Council to act 
by unanimity
, the European Council may adopt a decision authorising the Council to act by 
qualified majority
. This possibility does not apply to decisions with military implications and those in the area of defence.
Where the TFEU 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 an act in accordance with the 
ordinary legislative procedure
.
In both cases, the European Council can act unanimously after obtaining the consent of the Parliament. Furthermore, each national parliament has the right to object and prevent the general 
passerelle
 clause from being activated.
The flexibility clause (Article 352 TFEU)
This clause extends the EU’s powers where a measure appears necessary to attain one of the objectives of the treaties and where the treaties do not provide for the necessary legal authority. Measures under this provision are adopted by the Council acting unanimously on a proposal from the Commission and after obtaining the consent of the Parliament. They shall not involve harmonisation of Member States’ laws in areas where the treaties exclude such harmonisation.
MAIN DOCUMENT
Consolidated version of the Treaty on European Union – Title VI – Final Provisions – 
Article 48
 (ex Article 48 TEU) (OJ C 202, 
7.6.2016
, 
pp. 41–43
).
RELATED DOCUMENTS
Consolidated version of the Treaty on the Functioning of the European Union – Part seven – General and final provisions – 
Article 352
 (ex Article 308 TEC) (OJ C 202, 
7.6.2016
, 
p. 196
).
last update 
14.10.2022

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