THE TREATY OF AMSTERDAM

AMENDING THE TREATY ON

EUROPEAN UNION, THE TREATIES

ESTABLISHING THE EUROPEAN COMMUNITIES

AND CERTAIN RELATED ACTS

Amsterdam

2 October 1997

PART ONE
SUBSTANTIVE AMENDMENTS

ARTICLE 1

The Treaty on European Union shall be amended in accordance with the provisions of this Article.

1) After the third recital the following recital shall be inserted: “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,”

2) The existing seventh recital shall be replaced by the following: “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,”

3) The existing ninth and tenth recitals shall be replaced by the following: “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 J.7, 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.”

4) In Article A the second paragraph shall be replaced by the following: “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.”

5) Article B shall be replaced by the following:

“Article B The Union shall set itself the following objectives:

-to promote economic and social progress and a high level of employment and to achieve balanced and sustainable development, in particular through the creation of an area without internal frontiers, through the strengthening of economic and social cohesion and through the establishment of economic and monetary union, ultimately including a single currency in accordance with the provisions of this Treaty;

-to assert its identity on the international scene, in particular through the implementation of 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 J.7;

-to strengthen the protection of the rights and interests of the nationals of its Member States through the introduction of a citizenship of the Union;

-to maintain and develop the Union as an area of freedom, security and justice, in which the free movement of persons is assured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime;

-to maintain in full the acquis communautaire and build on it with a view to considering to what extent the policies and forms of co-operation introduced by this Treaty may need to be revised with the aim of ensuring the effectiveness of the mechanisms and the institutions of the Community.

6) In Article C, the second paragraph shall be replaced by the following: “The Union shall in particular ensure the consistency of its external activities as a whole in the context of its external relations, security, economic and development policies. The Council and the Commission shall be responsible for ensuring such consistency and shall co-operate to this end. They shall ensure the implementation of these policies, each in accordance with its respective powers.”

7) Article E shall be replaced by the following:

“Article E

The European Parliament, the Council, the Commission, the Court of Justice and the Court of Auditors shall exercise their powers under the conditions and for the purposes provided for, on the one hand, by the provisions of the Treaties establishing the European Communities and of the subsequent Treaties and Acts modifying and

supplementing them and, on the other hand, by the other provisions of this Treaty.”

8) Article F shall be amended as follows: (a) paragraph 1 shall be replaced by the following:

5 “1. The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.”;

(b) the existing paragraph 3 shall become paragraph 4 and a new paragraph 3 shall be inserted as follows:

“3. The Union shall respect the national identities of its Member States.”

9) The following Article shall be inserted at the end of Title I:

“Article F.1

1. The Council, meeting in the composition of the Heads of State or Government and acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the assent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of principles mentioned in Article F(1), after inviting the government of the Member State in question to submit its observations.

2. Where such a determination has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of this Treaty 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. The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State.

3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 2 in response to changes in the situation which led to their being imposed.

4. For the purposes of this Article, the Council shall act without taking into accountthe vote of the representative of the government of the Member State in question. Abstentions by members present in person or represented shall not prevent the adoption of decisions referred to in paragraph 1. A qualified majority shall be defined

as the same proportion of the weighted votes of the members of the Council concerned as laid down in Article 148(2) of the Treaty establishing the European Community. This paragraph shall also apply in the event of voting rights being suspended pursuant

to paragraph 2.

5. For the purposes of this Article, the European Parliament shall act by a two thirds majority of the votes cast, representing a majority of its members.”

6 10) Title V shall be replaced by the following:

“Title V Provisions on a common foreign and security policy

Article J.1

1. The Union shall define and implement a common foreign and security policy covering all areas of foreign and security policy, the objectives of which shall be:

-to safeguard the common values, fundamental interests, independence and integrity of the Union in conformity with the principles of the United Nations Charter;

-to strengthen the security of the Union in all ways;

-to preserve peace and strengthen international security, in accordance with theprinciples of the United Nations Charter, as well as the principles of the Helsinki Final Act and the objectives of the Paris Charter, including those on external borders;

-to promote international co-operation;

-to develop and consolidate democracy and the rule of law, and respect for human rights and fundamental freedoms.

2. The Member States shall support the Union’s external and security policy actively and unreservedly in a spirit of loyalty and mutual solidarity. 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 relations. The Council shall ensure that these principles are complied with.

Article J.2 The Union shall pursue the objectives set out in Article J.1 by:

-defining the principles of and general guidelines for the common foreign and

security policy;

-deciding on common strategies;

-adopting joint actions;

-adopting common positions;

-strengthening systematic co-operation between Member States in the conduct of

policy.

Article J.3

1. The European Council shall define the principles of and general guidelines for the common foreign and security policy, including for matters with defence implications.

2. The European Council shall decide on common strategies to be implemented by the Union in areas where the Member States have important interests in common. Common strategies shall set out their objectives, duration and the means to be made available by the Union and the Member States.

3. The Council shall take the decisions necessary for defining and implementing the common foreign and security policy on the basis of the general guidelines defined by the European Council. The Council shall recommend common strategies to the European Council and shall implement them, in particular by adopting joint actions and common positions. The Council shall ensure the unity, consistency and effectiveness of action by the Union.

Article J.4

1. The Council shall adopt joint actions. Joint actions shall address specific situations where operational action by the Union is deemed to be required. 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.

2. If there is a change in circumstances having a substantial effect on a question subject to joint action, the Council shall review the principles and objectives of that action and take the necessary decisions. As long as the Council has not acted, the joint action shall stand.

3. Joint actions shall commit the Member States in the positions they adopt and in the conduct of their activity.

4. The Council may request the Commission to submit to it any appropriate proposals relating to the common foreign and security policy to ensure the implementation of a joint action.

5. Whenever there is any plan to adopt a national position or take national action pursuant to a joint action, information shall be provided 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.

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

7. Should there be any major difficulties in implementing a joint action, 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 joint action or impair its effectiveness.

Article J.5 The Council shall adopt common positions. Common positions 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 common positions. Article J.6 Member States shall inform and consult one another within the Council on any matter of foreign and security policy of general interest in order to ensure that the Union’s influence is exerted as effectively as possible by means of concerted and convergent action.

Article J.7

1. The common foreign and security policy shall include all questions relating to the security of the Union, including the progressive framing of a common defence policy, in accordance with the second subparagraph, which might lead to a common defence, should the European Council so decide. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements. The Western European Union (WEU) is an integral part of the development of the Union providing the Union with access to an operational capability notably in the context of paragraph 2. It supports the Union in framing the defence aspects of the common foreign and security policy as set out in this Article. The Union shall accordingly foster closer institutional relations with the WEU with a view to the possibility of the integration of the WEU into the Union, should the European Council so decide. 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 Article 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. The progressive framing of a common defence policy will be supported, as Member States consider appropriate, by co-operation between them in the field of armaments.

2. Questions referred to in this Article shall include humanitarian and rescue tasks, peacekeeping tasks and tasks of combat forces in crisis management, including peacemaking.

3. The Union will avail itself of the WEU to elaborate and implement decisions and actions of the Union which have defence implications. The competence of the European Council to establish guidelines in accordance with

Article J.3 shall also obtain in respect of the WEU for those matters for which the Union avails itself of the WEU. When the Union avails itself of the WEU to elaborate and implement decisions of the Union on the tasks referred to in paragraph 2 all Member States of the Union shall be entitled to participate fully in the tasks in question. The Council, in agreement with the institutions of the WEU, shall adopt the necessary practical arrangements to allow all Member States contributing to the tasks in question to participate fully and on an

equal footing in planning and decision-taking in the WEU. Decisions having defence implications dealt with under this paragraph shall be taken without prejudice to the policies and obligations referred to in paragraph 1,

third subparagraph.

4. The provisions of this Article shall not prevent the development of closer cooperation between two or more Member States on a bilateral level, in the framework of the WEU and the Atlantic Alliance, provided such co-operation does not run counter to or impede that provided for in this Title.

5. With a view to furthering the objectives of this Article, the provisions of this Article will be reviewed in accordance with Article N.

Article J.8 1. The Presidency shall represent the Union in matters coming within the common foreign and security policy.

2. The Presidency shall be responsible for the implementation of decisions taken under this Title; in that capacity it shall in principle express the position of the Union n international organisations and international conferences.

3. The Presidency shall be assisted by the Secretary-General of the Council who shall exercise the function of High Representative for the common foreign and security policy.

4. The Commission shall be fully associated in the tasks referred to in paragraphs 1 and 2. The Presidency shall be assisted in those tasks if need be by the next Member State to hold the Presidency.

5. The Council may, whenever it deems it necessary, appoint a special representative with a mandate in relation to particular policy issues.

Article J.9 1. Member States shall co-ordinate their action in international organisations and at international conferences. They shall uphold the common positions in such fora. In international organisations and at international conferences where not all the Member States participate, those which do take part shall uphold the common positions.

2. Without prejudice to paragraph 1 and Article J.4(3), Member States represented in international organisations or international conferences where not all the Member States participate shall keep the latter 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 fully informed. Member States which are permanent members of the Security Council will, in the execution of their functions, ensure the defence of the positions and the interests of the Union, without prejudice to their responsibilities under the provisions of the United Nations Charter. Article J.10 The diplomatic and consular missions of the Member States and the Commission Delegations in third countries and international conferences, and their representations to international organisations, shall co-operate in ensuring that the common positions and joint actions adopted by the Council are complied with and implemented. They shall step up co-operation by exchanging information, carrying out joint assessments and contributing to the implementation of the provisions referred to in Article 8c of the Treaty establishing the European Community.

Article J.11 The Presidency shall consult the European Parliament on the main aspects and the basic choices of the common foreign and security policy and shall ensure that the views of the European Parliament are duly taken into consideration. The European Parliament shall be kept regularly informed by the Presidency and the Commission of the development of the Union’s foreign and security policy. The European Parliament may ask questions of the Council or make recommendations to it. It shall hold an annual debate on progress in implementing the common foreign and security policy.

Article J.12 1. Any Member State or the Commission may refer to the Council any question relating to thecommon foreign and security policy and may submit proposals to the Council.

2. In cases requiring a rapid decision, the Presidency, of its own motion, or at the request of the Commission or a Member State, shall convene an extraordinary Council meeting within forty-eight hours or, in an emergency, within a shorter period.

Article J.13 1. Decisions under this Title shall be taken by the Council acting unanimously. Abstentions by members present in person or represented shall not prevent the adoption of such decisions. 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 more than one third of the votes weighted in accordance with Article 148(2) of the Treaty establishing the European Community, the decision shall not be adopted.

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

-when adopting joint actions, common positions or taking any other decision on the basis of a common strategy;

-when adopting any decision implementing a joint action or a common position.

If a member of the Council declares that, for important 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 Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity. The votes of the members of the Council shall be weighted in accordance with Article 148(2) of the Treaty establishing the European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members. This paragraph shall not apply to decisions having military or defence implications. 3. For procedural questions, the Council shall act by a majority of its members.

Article J.14 When it is necessary to conclude an agreement with one or more States or international organisations in implementation of this Title, the Council, acting unanimously, may authorise the Presidency, assisted by the Commission as appropriate, to open negotiations to that effect. Such agreements shall be concluded by the Council acting unanimously on a recommendation from the Presidency. No agreement shall be binding on a Member State whose representative in the Council states that it has to comply with the requirements of its own constitutional procedure; the other members of the Council may agree that the agreement shall apply provisionally to them. The provisions of this Article shall also apply to matters falling under Title VI.

Article J.15 Without prejudice to Article 151 of the Treaty establishing the European Community, a Political 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 on its own initiative. It shall also monitor the implementation of agreed policies, without prejudice to the responsibility of the Presidency and the Commission.

Article J.16 The Secretary-General of the Council, High Representative for the common foreign and security policy, shall assist the Council in matters coming within the scope of the common foreign and security policy, in particular through contributing to the formulation, preparation and implementation of policy decisions, and, when appropriate and acting on behalf of the Council at the request of the Presidency, hrough conducting political dialogue with third parties.

Article J.17 The Commission shall be fully associated with the work carried out in the common foreign and security policy field. Article J.18 1. Articles 137, 138, 139 to 142, 146, 147, 150 to 153, 157 to 163, 191a and 217 of the Treaty establishing the European Community shall apply to the provisions relating to the areas referred to in this Title.

2. Administrative expenditure which the provisions relating to the areas referred to in this Title entail for the institutions shall be charged to the budget of the European Communities.

3. Operational expenditure to which the implementation of those provisions gives rise shall also be charged to the budget of the European Communities, 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 budget of the European Communities 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 J.13(1), second subparagraph, shall not be obliged to contribute to the financing thereof.

4. The budgetary procedure laid down in the Treaty establishing the European Community shall apply to the expenditure charged to the budget of the European Communities.” 11) Title VI shall be replaced by the following: “Title VI Provisions on police and judicial co-operation in criminal matters

Article K.1 Without prejudice to the powers of the European Community, the Union’s objective shall be to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the fields of police and judicial co-operation in criminal matters and by preventing and combating racism and xenophobia. That objective shall be achieved by preventing and combating crime, organised or otherwise, in particular terrorism, trafficking in persons and offences against children, illicit drug trafficking and illicit arms trafficking, corruption and fraud, through:

-closer co-operation between police forces, customs authorities and other competent authorities in the Member States, both directly and through the European Police Office (Europol), in accordance with the provisions of Articles K.2 and K.4;

-closer co-operation between judicial and other competent authorities of the Member States in accordance with the provisions of Articles K.3(a) to (d) and K.4;

-approximation, where necessary, of rules on criminal matters in the Member States, in accordance with the provisions of Article K.3(e).

Article K.2 1. Common action in the field of police co-operation shall include:

(a) operational co-operation between the competent authorities, including the police, customs and other specialised law enforcement services of the Member States in relation to the prevention, detection and investigation of criminal offences;

(b) the collection, storage, processing, analysis and exchange of relevant information, including information held by law enforcement services on reports on suspicious financial transactions, in particular through Europol, subject to appropriate provisions on the protection of personal data; (c) co-operation and joint initiatives in training, the exchange of liaison officers, secondments, the use of equipment, and forensic research;

(d) the common evaluation of particular investigative techniques in relation to the detection of serious forms of organised crime.

2. The Council shall promote co-operation through Europol and shall in particular, within a period of five years after the date of entry into force of the Treaty of Amsterdam:

(a) enable Europol to facilitate and support the preparation, and to encourage the coordination and carrying out, of specific investigative actions by the competent authorities of the Member States, including operational actions of joint teams comprising representatives of Europol in a support capacity;

(b) adopt measures allowing Europol to ask the competent authorities of the Member States to conduct and co-ordinate their investigations in specific cases and to develop specific expertise which may be put at the disposal of Member States to assist them in investigating cases of organised crime;

(c) promote liaison arrangements between prosecuting/investigating officials specialising in the fight against organised crime in close co-operation with Europol;

(d) establish a research, documentation and statistical network on cross-border crime.

Article K.3Common action on judicial co-operation in criminal matters shall include:

(a) facilitating and accelerating co-operation between competent ministries and judicial or equivalent authorities of the Member States in relation to proceedings and the enforcement of decisions;

(b) facilitating extradition between Member States;

(c) ensuring compatibility in rules applicable in the Member States, as may be

necessary to improve such co-operation;

(d) preventing conflicts of jurisdiction between Member States;

(e) progressively adopting measures establishing minimum rules relating to the

constituent elements of criminal acts and to penalties in the fields of organised crime,

terrorism and illicit drug trafficking.

Article K.4 The Council shall lay down the conditions and limitations under which the competent

authorities referred to in Articles K.2 and K.3 may operate in the territory of another

Member State in liaison and in agreement with the authorities of that State.

Article K.5This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.

Article K.6 1. In the areas referred to in this Title, Member States shall inform and consult one another within the Council with a view to co-ordinating their action. To that end, they shall establish collaboration between the relevant departments of their administrations.

2. The Council shall take measures and promote co-operation, using the appropriate form and procedures as set out in this Title, contributing to the pursuit of the objectives of the Union. To that end, acting unanimously on the initiative of any Member State or of the Commission, the Council may:

(a) adopt common positions defining the approach of the Union to a particular matter;

(b) adopt framework decisions for the purpose of approximation of the laws and regulations of the Member States. Framework decisions shall be binding upon the Member States as to the result to be achieved but shall leave to the national authorities the choice of form and methods. They shall not entail direct effect;

(c) adopt decisions for any other purpose consistent with the objectives of this Title, excluding any approximation of the laws and regulations of the Member States. These decisions shall be binding and shall not entail direct effect; the Council, acting by a qualified majority, shall adopt measures necessary to implement those decisions at the level of the Union;

(d) establish conventions which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements. Member States shall begin the procedures applicable within a time limit to be set by the Council. Unless they provide otherwise, conventions shall, once adopted by at least half of the

Member States, enter into force for those Member States. Measures implementing conventions shall be adopte within the Council by a majority of two-thirds of the Contracting Parties.

3. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as laid down in Article 148(2) of the Treaty establishing the European Community, and for their adoption acts of the Council shall require at least 62 votes in favour, cast by at least 10 members.

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

Article K.7

1. The Court of Justice of the European Communities shall have jurisdiction, subject to the conditions laid down in this Article, to give preliminary rulings on the validity and interpretation of framework decisions and decisions, on the interpretation of conventions established under this Title and on the validity and interpretation of the measures implementing them.

2. By a declaration made at the time of signature of the Treaty of Amsterdam or at any time thereafter, any Member State shall be able to accept the jurisdiction of the Court of Justice to give preliminary rulings as specified in paragraph 1.

3. A Member State making a declaration pursuant to paragraph 2 shall specify that

either: (a) any court or tribunal of that State against whose decisions there is no judicial remedy under national law may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act referred to in paragraph 1 if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment, or

(b) any court or tribunal of that State may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act referred to in paragraph 1 if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment.

4. Any Member State, whether or not it has made a declaration pursuant to paragraph 2, shall be entitled to submit statements of case or written observations to the Court in cases which arise under paragraph 1.

5. The Court of Justice shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law enforcement services of a Member State or the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.

6. The Court of Justice shall have jurisdiction to review the legality of framework decisions and decisions in actions brought by a Member State or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers. The proceedings provided for in this paragraph shall be instituted within two months of the publication of the measure.

7. The Court of Justice shall have jurisdiction to rule on any dispute between Member States regarding the interpretation or the application of acts adopted under Article K.6(2) whenever such dispute cannot be settled by the Council within six months of its being referred to the Council by one of its members. The Court shall also have jurisdiction to rule on any dispute between Member States and the Commission regarding the interpretation or the application of conventions established under Article K.6(2)(d).

Article K.8 1. A Co-ordinating Committee shall be set up consisting of senior officials. In addition to its co-ordinating role, it shall be the task of the Committee to:

-give opinions for the attention of the Council, either at the Council’s request or on its own initiative;

-contribute, without prejudice to Article 151 of the Treaty establishing the European Community, to the preparation of the Council’s discussions in the areas referred to in Article K.1.

2. The Commission shall be fully associated with the work in the areas referred to in this Title.

Article K.9 Within international organisations and at international conferences in which they take

part, Member States shall defend the common positions adopted under the provisions of this Title. Articles J.8 and J.9 shall apply as appropriate to matters falling under this Title.

Article K.10 Agreements referred to in Article J.14 may cover matters falling under this Title.

Article K.111. The Council shall consult the European Parliament before adopting any measure referred to in Article K.6(2)(b), (c) and (d). The European Parliament shall deliver its opinion within a time-limit which the Council may lay down, which shall not be less than three months. In the absence of an opinion within that time-limit, the Council may act.

2. The Presidency and the Commission shall regularly inform the European Parliament of discussions in the areas covered by this Title.

3. The European Parliament may ask questions of the Council or make recommendations to it. Each year, it shall hold a debate on the progress made in the areas referred to in this Title.

Article K.12 1. Member States which intend to establish closer co-operation between themselves may be authorised, subject to Articles K.15 and K.16, to make use of the institutions, procedures and mechanisms laid down by the Treaties provided that the co-operation proposed:

(a) respects the powers of the European Community, and the objectives laid down by this Title;

(b) has the aim of enabling the Union to develop more rapidly into an area of freedom, security and justice.

2. The authorisation referred to in paragraph 1 shall be granted by the Council, acting by a qualified majority at the request of the Member States concerned and after inviting the Commission to present its opinion; the request shall also be forwarded to the European Parliament. If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the granting of an authorisation by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity.The votes of the members of the Council shall be weighted in accordance with Article148(2) of the Treaty establishing the European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members.

3. Any Member State which wishes to become a party to co-operation set up in accordance with this Article shall notify its intention to the Council and to the Commission, which shall give an opinion to the Council within three months of receipt of that notification, possibly accompanied by a recommendation for such

specific arrangements as it may deem necessary for that Member State to become a party to the co-operation in question. Within four months of the date of that notification, the Council shall decide on the request and on such specific arrangements as it may deem necessary. The decision shall be deemed to be taken unless the Council, acting by a qualified majority, decides to hold it in abeyance; in this case, the Council shall state the reasons for its decision and set a deadline for reexamining it. For the purposes of this paragraph, the Council shall act under the conditions set out in Article K.16.

4. The provisions of Articles K.1 to K.13 shall apply to the closer co-operation provided for by this Article, save as otherwise provided for in this Article and in Articles K.15 and K.16. The provisions of the Treaty establishing the European Community concerning the powers of the Court of Justice of the European Communities and the exercise of those powers shall apply to paragraphs 1, 2 and 3.

5. This Article is without prejudice to the provisions of the Protocol integrating the Schengen acquis into the framework of the European Union.

Article K.13 1. Articles 137, 138, 138e, 139 to 142, 146, 147, 148(3), 150 to 153, 157 to 163,

191a and 217 of the Treaty establishing the European Community shall apply to the provisions relating to the areas referred to in this Title.

2. Administrative expenditure which the provisions relating to the areas referred to in this Title entail for the institutions shall be charged to the budget of the European Communities.

3. Operational expenditure to which the implementation of those provisions gives rise shall also be charged to the budget of the European Communities, except where the Council acting unanimously decides otherwise. In cases where expenditure is not charged to the budget of the European Communities it shall be charged to the Member States in accordance with the gross national product scale, unless the Council acting unanimously decides otherwise.

4. The budgetary procedure laid down in the Treaty establishing the European Community shall apply to the expenditure charged to the budget of the European Communities.

Article K.14 The Council, acting unanimously on the initiative of the Commission or a Member State, and after consulting the European Parliament, may decide that action in areas referred to in Article K.1 shall fall under Title IIIa of the Treaty establishing the European Community, and at the same time determine the relevant voting conditions relating to it. It shall recommend the Member States to adopt that decision in accordance with their respective constitutional requirements.” 12) The following new Title shall be inserted: “Title VIa Provisions on closer co-operation Article K.15 1. Member States which intend to establish closer co-operation between themselves may make use of the institutions, procedures and mechanisms laid down by this Treaty and the Treaty establishing the European Community provided that the cooperation:

(a) is aimed at furthering the objectives of the Union and at protecting and serving its interests;

(b) respects the principles of the said Treaties and the single institutional framework of the Union;

(c) is only used as a last resort, where the objectives of the said Treaties could not be attained by applying the relevant procedures laid down therein;

(d) concerns at least a majority of Member States;

(e) does not affect the “acquis communautaire” and the measures adopted under the other provisions of the said Treaties; (f) does not affect the competences, rights, obligations and interests of those Member States which do not participate therein;

(g) is open to all Member States and allows them to become parties to the cooperation at any time, provided that they comply with the basic decision and with the decisions taken within that framework;

(h) complies with the specific additional criteria laid down in Article 5a of the Treaty establishing the European Community and Article K.12 of this Treaty, depending on the area concerned, and is authorised by the Council in accordance with the procedures laid down therein.

2. Member States shall apply, as far as they are concerned, the acts and decisions adopted for the implementation of the co-operation in which they participate. Member States not participating in such co-operation shall not impede the implementation thereof by the participating Member States.

Article K.16 1. For the purposes of the adoption of the acts and decisions necessary for the

implementation of the co-operation referred to in Article K.15, the relevant institutional provisions of this Treaty and of the Treaty establishing the European Community shall apply. However, while all members of the Council shall be able to take part in the deliberations, only those representing participating Member States

shall take part in the adoption of decisions. The qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in Article 148(2) of the Treaty establishing the European Community. Unanimity shall be constituted by only those Council members concerned.

2. Expenditure resulting from implementation of the co-operation, other than administrative costs entailed for the institutions, shall be borne by the participating Member States, unless the Council, acting unanimously, decides otherwise.

Article K.17 The Council and the Commission shall regularly inform the European Parliament of the development of closer co-operation established on the basis of this Title.” 13) Article L shall be replaced by the following: “Article L The provisions of the Treaty establishing the European Community, the Treaty

establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community concerning the powers of the Court of Justice of the European Communities and the exercise of those powers shall apply only to the following provisions of this Treaty:

1. 
   provisions amending the Treaty establishing the European Economic Community with a view to establishing the European Community, the Treaty establishing the
   
2. 
   European Coal and Steel Community and the Treaty establishing the European
   

Atomic Energy Community;

Any European State which respects the principles set out in Article F(1) may apply to become a member of the Union. It shall address its application to the Council, which shall act unanimously after consulting the Commission and after receiving the

assent of the European Parliament, which shall act by an absolute majority of its component members.”

ARTICLE 2 The Treaty establishing the European Community shall be amended in accordance

with the provisions of this Article.

1) In the preamble the following recital shall be inserted after the eighth recital: “DETERMINED to promote the development of the highest possible level of knowledge for their peoples through a wide access to education and through its continuous updating,” 2) Article 2 shall be replaced by the following: “Article 2 The Community shall have as its task, by establishing a common market and an economic and monetary union and by implementing common policies or activities referred to in Articles 3 and 3a, to promote throughout the Community a harmonious, balanced and sustainable development of economic activities, a high level of employment and of social protection, equality between men and women, sustainable and non-inflationary growth, a high degree of competitiveness and convergence of economic performance, a high level of protection and improvement of the quality of the environment, the raising of the standard of living and quality of life, and economic and social cohesion and solidarity among Member States.” 3) Article 3 shall be amended as follows: (a) the existing text shall be numbered and become paragraph 1;

(b) in new paragraph 1, point (d) shall be replaced by the following: “(d) measures concerning the entry and movement of persons as provided for in Title IIIa;”;

(c) in new paragraph 1, the following new point (i) shall be inserted after point (h): “(i) the promotion of co-ordination between employment policies of the Member States with a view to enhancing their effectiveness by developing a co-ordinated strategy for employment;”

(d) in new paragraph 1, the existing point (i) shall become point (j) and the subsequent points shall be renumbered accordingly;

(e) the following paragraph shall be added: “2. In all the activities referred to in this Article, the Community shall aim to eliminate inequalities, and to promote equality, between men and women.”

4) The following Article shall be inserted: “Article 3cEnvironmental protection requirements must be integrated into the definition and implementation of the Community policies and activities referred to in Article 3inparticular with a view to promoting sustainable development.”

5) The following Article shall be inserted: “Article 5a1. Member States which intend to establish closer co-operation between themselves may be authorised, subject to Articles K.15 and K.16 of the Treaty on European Union, to make use of the institutions, procedures and mechanisms laid down by this Treaty, provided that the co-operation proposed:

(a) does not concern areas which fall within the exclusive competence of the Community;

(b) does not affect Community policies, actions or programmes;

(c) does not concern the citizenship of the Union or discriminate between nationals of Member States;

(d) remains within the limits of the powers conferred upon the Community by this Treaty; and

(e) does not constitute a discrimination or a restriction of trade between Member States and does not distort the conditions of competition between the latter.

2. The authorisation referred to in paragraph 1 shall be granted by the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament. If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the granting of an authorisation by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the Council, meeting in the composition of the Heads of State or Government, for decision by unanimity. Member States which intend to establish closer co-operation as referred to in paragraph 1 may address a request to the Commission, which may submit a proposal

to the Council to that effect. In the event of the Commission not submitting a

proposal, it shall inform the Member States concerned of the reasons for not doing so.

3. Any Member State which wishes to become a party to co-operation set up in accordance with this Article shall notify its intention to the Council and to the Commission, which shall give an opinion to the Council within three months of receipt of that notification. Within four months of the date of that notification, the Commission shall decide on it and on such specific arrangements as it may deem necessary.

4. The acts and decisions necessary for the implementation of co-operation activities shall be subject to all the relevant provisions of this Treaty, save as otherwise provided for in this Article and in Articles K.15 and K.16 of the Treaty on European Union.

5. This Article is without prejudice to the provisions of the Protocol integrating the Schengen acquis into the framework of the European Union.”

6) In Article 6, the second paragraph shall be replaced by the following:

“The Council, acting in accordance with the procedure referred to in Article 189b, may adopt rules designed to prohibit such discrimination.”

7) The following Article shall be inserted: “Article 6a Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a

proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.”

8) The following Article shall be inserted at the end of Part One:

“Article 7d Without prejudice to Articles 77, 90 and 92, and given the place occupied by services

of general economic interest in the shared values of the Union as well as their role in promoting social and territorial cohesion, the Community and the Member States, each within their respective powers and within the scope of application of this Treaty, shall take care that such services operate on the basis of principles and conditions which enable them to fulfil their missions.”

9) Article 8(1) shall be replaced by the following: “1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship.”

10) Article 8a(2) shall be replaced by the following:

“2. The Council may adopt provisions with a view to facilitating the exercise of the

rights referred to in paragraph 1; save as otherwise provided in this Treaty, the Council shall act in accordance with the procedure referred to in Article 189b. The Council shall act unanimously throughout this procedure.” 11) In Article 8d, the following paragraph shall be added: “Every citizen of the Union may write to any of the institutions or bodies referred to in this Article or in Article 4 in one of the languages mentioned in Article 248 and have an answer in the same language.”

12) Article 51 shall be replaced by the following: “Article 51 The Council shall, acting in accordance with the procedure referred to in Article 189b, adopt such measures in the field of social security as are necessary to provide freedom of movement for workers; to this end, it shall make arrangements to secure for migrant workers and their dependants: (a) aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating the amount of benefit, of all periods taken into account under the laws of the several countries;

(b) payment of benefits to persons resident in the territories of Member States. The Council shall act unanimously throughout the procedure referred to in Article 189b.” 13) Article 56(2) shall be replaced by the following: “2. The Council shall, acting in accordance with the procedure referred to in Article 189b, issue directives for the co-ordination of the abovementioned provisions.”

14) Article 57(2) shall be replaced by the following: “2. For the same purpose, the Council shall, acting in accordance with the procedure referred to in Article 189b, issue directives for the co-ordination of the provisions laid down by law, regulation or administrative action in Member States concerning the

taking-up and pursuit of activities as self-employed persons. The Council, acting unanimously throughout the procedure referred to in Article 189b, shall decide on directives the implementation of which involves in at least one Member State amendment of the existing principles laid down by law governing the professions with

respect to training and conditions of access for natural persons. In other cases the Council shall act by qualified majority.” 15) The following title shall be inserted in Part Three: “Title IIIa Visas, asylum, immigration and other policies related to free movement of persons

Article 73i In order to establish progressively an area of freedom, security and justice, the Council shall adopt: (a) within a period of five years after the entry into force of the Treaty of Amsterdam, measures aimed at ensuring the free movement of persons in accordance with Article 7a, in conjunction with directly related flanking measures with respect to external border controls, asylum and immigration, in accordance with the provisions of Article 73j(2) and (3) and Article 73k(1)(a) and (2)(a), and measures to prevent and combat crime in accordance with the provisions of Article K.3(e) of the Treaty on European Union;

(b) other measures in the fields of asylum, immigration and safeguarding the rights of nationals of third countries, in accordance with the provisions of Article 73k;

(c) measures in the field of judicial co-operation in civil matters as provided for in Article 73m;

(d) appropriate measures to encourage and strengthen administrative co-operation, as provided for in Article 73n;

(e) measures in the field of police and judicial co-operation in criminal matters aimed at a high level of security by preventing and combating crime within the Union in accordance with the provisions of the Treaty on European Union.

26 Article 73j The Council, acting in accordance with the procedure referred to in Article 73o, shall,

within a period of five years after the entry into force of the Treaty of Amsterdam, adopt:

(1) measures with a view to ensuring, in compliance with Article 7a, the absence of any controls on persons, be they citizens of the Union or nationals of third countries, when crossing internal borders;

(2) measures on the crossing of the external borders of the Member States which shall establish:

(a) standards and procedures to be followed by Member States in carrying out checks on persons at such borders;

(b) rules on visas for intended stays of no more than three months, including:

(i) the list of third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement;

(ii) the procedures and conditions for issuing visas by Member States;

(iii) a uniform format for visas;

(iv) rules on a uniform visa;

(3) measures setting out the conditions under which nationals of third countries shall have the freedom to travel within the territory of the Member States during a period of no more than three months.

Article 73k The Council, acting in accordance with the procedure referred to in Article 73o, shall,

within a period of five years after the entry into force of the Treaty of Amsterdam, adopt:

(1) measures on asylum, in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and other relevant treaties, within the following areas:

(a) criteria and mechanisms for determining which Member State is responsible for considering an application for asylum submitted by a national of a third country in one of the Member States,

(b) minimum standards on the reception of asylum seekers in Member States,

27 (c) minimum standards with respect to the qualification of nationals of third countries as refugees,

(d) minimum standards on procedures in Member States for granting or withdrawing refugee status;

(2) measures on refugees and displaced persons within the following areas:

(a) minimum standards for giving temporary protection to displaced persons from third countries who cannot return to their country of origin and for persons who otherwise need international protection,

(b) promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons;

(3) measures on immigration policy within the following areas:

(a) conditions of entry and residence, and standards on procedures for the issue by

Member States of long term visas and residence permits, including those for the purpose of family reunion,

(b) illegal immigration and illegal residence, including repatriation of illegal residents;

(4) measures defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States. Measures adopted by the Council pursuant to points 3 and 4 shall not prevent any Member State from maintaining or introducing in the areas concerned national

provisions which are compatible with this Treaty and with international agreements. Measures to be adopted pursuant to points 2(b), 3(a) and 4 shall not be subject to the five year period referred to above.

Article 73l 1. This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.

2. In the event of one or more Member States being confronted with an emergency situation characterised by a sudden inflow of nationals of third countries and without prejudice to paragraph 1, the Council may, acting by qualified majority on a proposal from the Commission, adopt provisional measures of a duration not exceeding six months for the benefit of the Member States concerned.

Article 73m 28 Measures in the field of judicial co-operation in civil matters having cross-border implications, to be taken in accordance with Article 73o and insofar as necessary for the proper functioning of the internal market, shall include: (a) improving and simplifying:

-the system for cross-border service of judicial and extrajudicial documents;

-co-operation in the taking of evidence;

-the recognition and enforcement of decisions in civil and commercial cases, including decisions in extra-judicial cases;

(b) promoting the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction;

(c) eliminating obstacles to the good functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States.

Article 73n The Council, acting in accordance with the procedure referred to in Article 73o, shall take measures to ensure co-operation between the relevant departments of the administrations of the Member States in the areas covered by this Title, as well as between those departments and the Commission.

Article 73o 1. During a transitional period of five years following the entry into force of the Treaty of Amsterdam, the Council shall act unanimously on a proposal from the Commission or on the initiative of a Member State and after consulting the European Parliament.

2. After this period of five years:

-the Council shall act on proposals from the Commission; the Commission shall examine any request made by a Member State that it submit a proposal to the Council;

-the Council, acting unanimously after consulting the European Parliament, shall take a decision with a view to providing for all or parts of the areas covered by this Title to be governed by the procedure referred to in Article 189b and adapting the provisions relating to the powers of the Court of Justice.

3. By derogation from paragraphs 1 and 2:

-measures referred to in Article 73j(2)(b) (i) and (iii) shall, from the entry into force of the Treaty of Amsterdam, be adopted by the Council acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament;

-measures referred to in Article 73j(2)(b) (ii) and (iv) shall, after a period of five years following the entry into force of the Treaty of Amsterdam, be adopted by the Council acting in accordance with the procedure referred to in Article 189b.

Article 73p 1. Article 177 shall apply to this Title under the following circumstances and conditions: where a question on the interpretation of this Title or on the validity or interpretation of acts of the institutions of the Community based on this Title is raised in a case pending before a court or a tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.

2. In any event, the Court of Justice shall not have jurisdiction to rule on any measure or decision taken pursuant to Article 73j(1) relating to the maintenance of law and order and the safeguarding of internal security.

3. The Council, the Commission or a Member State may request the Court of Justice to give a ruling on a question of interpretation of this Title or of acts of the institutions of the Community based on this Title. The ruling given by the Court of Justice in response to such a request shall not apply to judgments of courts or tribunals of the Member States which have become res judicata.

Article 73q The application of this Title shall be subject to the provisions of the Protocol on the

position of the United Kingdom and Ireland and to the Protocol on the position of Denmark and without prejudice to the Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European Community to the United Kingdom and to Ireland.”

16) In Article 75(1), the introductory part shall be replaced by the following: “1. For the purpose of implementing Article 74, and taking into account the distinctive features of transport, the Council shall, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions, lay down:”

17) In Article 100a, paragraphs 3, 4 and 5 shall be replaced by the following paragraphs: “3. The Commission, in its proposals envisaged in paragraph 1 concerning health, safety, environmental protection and consumer protection, will take as a base a high level of protection, taking account in particular of any new development based on scientific facts. Within their respective powers, the European Parliament and the Council will also seek to achieve this objective.

4. If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 36, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.

5. Moreover, without prejudice to paragraph 4, if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of the environment or the working environment on grounds of a

problem specific to that Member State arising after the adoption of the harmonisation measure, it shall notify the Commission of the envisaged provisions as well as the grounds for introducing them.

6. The Commission shall, within six months of the notifications as referred to in paragraphs 4 and 5, approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between Member States and whether or not they shallconstitute an obstacle to the functioning of the internal market. In the absence of a decision by the Commission within this period the national provisions referred to in paragraphs 4 and 5 shall be deemed to have been approved. When justified by the complexity of the matter and in the absence of danger for human health, the Commission may notify the Member State concerned that the period referred to in this paragraph may be extended for a further period of up to six months.

7. When, pursuant to paragraph 6, a Member State is authorised to maintain or introduce national provisions derogating from a harmonisation measure, the Commission shall immediately examine whether to propose an adaptation to that measure.

8. When a Member State raises a specific problem on public health in a field which has been the subject of prior harmonisation measures, it shall bring it to the attention of the Commission which shall immediately examine whether to propose appropriate measures to the Council.

9. By way of derogation from the procedure laid down in Articles 169 and 170, theCommission and any Member State may bring the matter directly before the Court of Justice if it considers that another Member State is making improper use of the powers provided for in this Article.

10. The harmonisation measures referred to above shall, in appropriate cases, include a safeguard clause authorising the Member States to take, for one or more of the noneconomic reasons referred to in Article 36, provisional measures subject to a Community control procedure.”

18) Articles 100c and 100d shall be repealed.

19) The following Title shall be inserted after Title VI: “Title VIa Employment Article 109n Member States and the Community shall, in accordance with this Title, work towards developing a co-ordinated strategy for employment and particularly for promotingskilled, trained and adaptable workforce and labour markets responsive to economic change with a view to achieving the objectives defined in Article B of the Treaty on European Union and in Article 2 of this Treaty.

Article 109o 1. Member States, through their employment policies, shall contribute to the achievement of the objectives referred to in Article 109n in a way consistent with the broad guidelines of the economic policies of the Member States and of the Community adopted pursuant to Article 103(2).

2. Member States, having regard to national practices related to the responsibilities of management and labour, shall regard promoting employment as a matter of common concern and shall co-ordinate their action in this respect within the Council, in accordance with the provisions of Article 109q.

Article 109p 1. The Community shall contribute to a high level of employment by encouraging co-operation between Member States and by supporting and, if necessary, complementing their action. In doing so, the competences of the Member States shall be respected.

2. The objective of a high level of employment shall be taken into consideration in the formulation and implementation of Community policies and activities.

Article 109q 1. The European Council shall each year consider the employment situation in the Community and adopt conclusions thereon, on the basis of a joint annual report by the Council and the Commission.

2. On the basis of the conclusions of the European Council, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee, the Committee of the Regions and the Employment Committee referred to in Article 109s, shall each year draw up guidelines which the Member States shall take into account in their employment policies. These guidelines shall be consistent with the broad guidelines dopted pursuant to Article 103(2).

3. Each Member State shall provide the Council and the Commission with an annual report on the principal measures taken to implement its employment policy in the light of the guidelines for employment as referred to in paragraph 2.

4. The Council, on the basis of the reports referred to in paragraph 3 and having received the views of the Employment Committee, shall each year carry out an examination of the implementation of the employment policies of the Member States in the light of the guidelines for employment. The Council, acting by a qualified

majority on a recommendation from the Commission, may, if it considers it appropriate in the light of that examination, make recommendations to Member States.

5. On the basis of the results of that examination, the Council and the Commission shall make a joint annual report to the European Council on the employment situation in the Community and on the implementation of the guidelines for employment.

Article 109r The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions, may adopt incentive measures designed to encourage co-operation between Member States and to support their action in the field of employment through initiatives aimed at developing exchanges of information and best practices, providing comparative analysis and advice as well as promoting innovative approaches and evaluating experiences, in particular by recourse to pilot projects. Those measures shall not include harmonisation of the laws and regulations of the Member States.

Article 109s The Council, after consulting the European Parliament, shall establish an Employment Committee with advisory status to promote co-ordination between Member States on employment and labour market policies. The tasks of the Committee shall be:

-to monitor the employment situation and employment policies in the Member States and the Community;

-without prejudice to Article 151, to formulate opinions at the request of either the Council or the Commissioor on its own initiative, and to contribute to the preparation of the Council proceedings referred to in Article 109q.

In fulfilling its mandate, the Committee shall consult management and labour. Each Member State and the Commission shall appoint two members of the Committee.”

20) In Article 113, the following paragraph shall be added:

“5. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may extend the application of paragraphs 1 to 4 to international negotiations and agreements on services and intellectual property insofar as they are not covered by these paragraphs.”

21) The following Title shall be inserted after Title VII: “Title VIIa Customs co-operation Article 116 Within the scope of application of this Treaty, the Council, acting in accordance with the procedure referred to in Article 189b, shall take measures in order to strengthen customs co-operation between Member States and between the latter and the Commission. These measures shall not concern the application of national criminal law or the national administration of justice.”

22) Articles 117 to 120 shall be replaced by the following Articles:

“Article 117 The Community and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment,

improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion. To this end the Community and the Member States shall implement measures which take account of the diverse forms of national practices, in particular in the field of contractual relations, and the need to maintain the competitiveness of the Community

economy. They believe that such a development will ensue not only from the functioning of the common market, which will favour the harmonisation of social systems, but also from the procedures provided for in this Treaty and from the approximation of provisions laid down by law, regulation or administrative action.

Article 118 1. With a view to achieving the objectives of Article 117, the Community shall support and complement the activities of the Member States in the following fields:

-improvement in particular of the working environment to protect workers’ health and safety;

- working conditions;

-the information and consultation of workers;

-the integration of persons excluded from the labour market, without prejudice to Article 127;

-equality between men and women with regard to labour market opportunities and treatment at work.

2. To this end, the Council may adopt, by means of directives, minimum requirements for gradual implementation, having regard to the conditions and technical rules obtaining in each of the Member States. Such directives shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. The Council shall act in accordance with the procedure referred to in Article 189b after consulting the Economic and Social Committee and the Committee of the Regions. The Council, acting in accordance with the same procedure, may adopt measures designed to encourage coperation between Member States through initiatives aimed at improving knowledge, developing exchanges of information and best practices, promoting innovative approaches and evaluating experiences in order to combat social exclusion. 3. However, the Council shall act unanimously on a proposal from the Commission, after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions in the followinareas:

-social security and social protection of workers;

-protection of workers where their employment contract is terminated;

-representation and collective defence of the interests of workers and employers, including co-determination, subject to paragraph 6;

-conditions of employment for third-country nationals legally residing in Community territory;

-financial contributions for promotion of employment and job-creation, without prejudice to the provisions relating to the Social Fund.

4. A Member State may entrust management and labour, at their joint request, with the implementation of directives adopted pursuant to paragraphs 2 and 3. In this case, it shall ensure that, no later than the date on which a directive must be transposed in accordance with Article 189, management and labour have introduced the necessary measures by agreement, the Member State concerned being required to take any necessary measure enabling it at any time to be in a position to guarantee the results imposed by that directive.

5. The provisions adopted pursuant to this Article shall not prevent any Member State from maintaining or introducing more stringent protective measures compatible with this Treaty.

6. The provisions of this Article shall not apply to pay, the right of association, the right to strike or the right to impose lock-outs.

Article 118a 1. The Commission shall have the task of promoting the consultation of management and labour at Community level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties.

2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Community action.

3. If, after such consultation, the Commission considers Community action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommendation.

4. On the occasion of such consultation, management and labour may inform the Commission of their wish to initiate the process provided for in Article 118b. The duration of the procedure shall not exceed nine months, unless the management and labour concerned and the Commission decide jointly to extend it.

Article 118b

1. Should management and labour so desire, the dialogue between them at Community level may lead to contractual relations, including agreements.

2. Agreements concluded at Community level shall be implemented either in accordance with the procedures and practices specific to management and labour and the Member States or, in matters covered by Article 118, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission.

The Council shall act by qualified majority, except where the agreement in question contains one or more provisions relating to one of the areas referred to in Article 118(3), in which case it shall act unanimously.

Article 118c With a view to achieving the objectives of Article 117 and without prejudice to the other provisions of this Treaty, the Commission shall encourage co-operation between the Member States and facilitate the co-ordination of their action in all social policy fields under this chapter, particularly in matters relating to:

- employment;

-labour law and working conditions;

-basic and advanced vocational training;

-social security;

-prevention of occupational accidents and diseases;

-occupational hygiene;

-the right of association and collective bargaining between employers and workers. To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations. Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee. Article 119 1. Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied.

2. For the purpose of this Article, “pay” means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his employment, from his employer. Equal pay without discrimination based on sex means:

(a) that pay for the same work at piece rates shall be calculated on the basis of the same unit of measurement;

(b) that pay for work at time rates shall be the same for the same job.

3. The Council, acting in accordance with the procedure referred to in Article 189b, and after consulting the Economic and Social Committee, shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.

4. With a view to ensuring full equality in practice between men and women in working life, the principle of equal treatment shall not prevent any Member State from maintaining or adopting measures providing for specific advantages in order to make it easier for the under-represented sex to pursue a vocational activity or to

prevent or compensate for disadvantages in professional careers.

Article 119a Member States shall endeavour to maintain the existing equivalence between paid holiday schemes. Article 120 The Commission shall draw up a report each year on progress in achieving the objectives of Article 117, including the demographic situation in the Community. It shall forward the report to the European Parliament, the Council and the Economic and Social Committee. The European Parliament may invite the Commission to draw up reports on particular problems concerning the social situation.”

23) Article 125 shall be replaced by the following: “Article 125 The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the, Regions, shall adopt implementing decisions relating to the European Social Fund.”

24) Article 127(4) shall be replaced by the following: “4.The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the

Regions, shall adopt measures to contribute to the achievement of the objectives referred to in this Article, excluding any harmonisation of the laws and regulations of the Member States.”

25) Article 128(4) shall be replaced by the following: “4. The Community shall take cultural aspects into account in its action under other provisions of this Treaty, in particular in order to respect and to promote the diversity

of its cultures.” 26) Article 129 shall be replaced by the following:

“Article 129 1. A high level of human health protection shall be ensured in the definition and implementation of all Community policies and activities. Community action, which shall complement national policies, shall be directed towards improving public health, preventing human illness and diseases, and obviating sources of danger to human health. Such action shall cover the fight against the major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health information and education.The Community shall complement the Member States’ action in reducing drugs related health damage, including information and prevention.

2. The Community shall encourage co-operation between the Member States in the areas referred to in this Article and, if necessary, lend support to their action.Member States shall, in liaison with the Commission, co-ordinate among themselves their policies and programmes in the areas referred to in paragraph 1. The Commission may, in close contact with the Member States, take any useful initiative to promote such co-ordination.

3. The Community and the Member States shall foster co-operation with third countries and the competent international organisations in the sphere of public health.

4. The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions, shall contribute to the achievement of the objectives referred to in this Article through adopting:

(a) measures setting high standards of quality and safety of organs and substances of human origin, blood and blood derivatives; these measures shall not prevent any Member State from maintaining or introducing more stringent protective measures;

(b) by way of derogation from Article 43, measures in the veterinary and phytosanitary fields which have as their direct objective the protection of public health;

(c) incentive measures designed to protect and improve human health, excluding any harmonisation of the laws and regulations of the Member States. The Council, acting by a qualified majority on a proposal from the Commission, may also adopt recommendations for the purposes set out in this Article.

5. Community action in the field of public health shall fully respect the responsibilities of the Member States for the organisation and delivery of health services and medical care. In particular, measures referred to in paragraph 4(a) shall not affect national provisions on the donation or medical use of organs and blood.” 27) Article 129a shall be replaced by the following:

“Article 129a 1. In order to promote the interests of consumers and to ensure a high level of consumer protection, the Community shall contribute to protecting the health, safety and economic interests of consumers, as well as to promoting their right to information, education and to organise themselves in order to safeguard their interests.

2. Consumer protection requirements shall be taken into account in defining and implementing other Community policies and activities.

3. The Community shall contribute to the attainment of the objectives referred to in paragraph 1 through:

(a) measures adopted pursuant to Article 100a in the context of the completion of the internal market;

(b) measures which support, supplement and monitor the policy pursued by the Member States.

4. The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee, shall adopt the measures referred to in paragraph 3(b).

5. Measures adopted pursuant to paragraph 4 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with this Treaty. The Commission shall be notified of them.”

28) In the first subparagraph of Article 129c(1), the first part of the third indent shall be replaced by the following: “-may support projects of common interest supported by Member States, which are identified in the framework of the guidelines referred to in the first indent, particularly through feasibility studies, loan guarantees or interest-rate subsidies;”. 29) In Article 129d, the third paragraph shall be replaced by the following: “The Council acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt the other measures provided for in Article 129c(1).”

30) In Article 130a, the second paragraph shall be replaced by the following: “In particular, the Community shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, including rural areas.”

31) In Article 130e, the first paragraph shall be replaced by the following: “Implementing decisions relating to the European Regional Development Fund shall be taken by the Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions.” 32) In Article 130i(1), the first subparagraph shall be replaced by the following:

“1. A multi-annual framework programme, setting out all the activities of the Community, shall be adopted by the Council, acting in accordance with the procedure referred to in Article 189b after consulting the Economic and Social Committee.” 33) Article 130o shall be replaced by the following: “Article 130o The Council, acting qualified majority on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall adopt the provisions referred to in Article 130n. The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee, shall adopt the provisions referred to in Articles 130j, 130k and 130l. Adoption of the supplementary

programmes shall require the agreement of the Member States concerned.”

34) Article 130r(2) shall be replaced by the following:“2. Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the

Community. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a Community inspection procedure.”

35) Article 130s shall be amended as follows:

(a) Paragraph 1 shall be replaced by the following:

“1. The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Community in order to achieve the objectives referred to in Article 130r.”;

(b) The introductory part of paragraph 2 shall be replaced by the following: “2. By way of derogation from the decision-making procedure provided for in paragraph 1 and without prejudice to Article 100a, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt:”;

(c) The first subparagraph of paragraph 3 shall be replaced by the following: “3. In other areas, general action programmes setting out priority objectives to be attained shall be adopted by the Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions.”

36) Article 130w(1) shall be replaced by the following: “1. Without prejudice to the other provisions of this Treaty, the Council, acting in accordance with the procedure referred to in Article 189b, shall adopt the measures

necessary to further the objectives referred to in Article 130u. Such measures may take the form of multi-annual programmes.”

37) In Article 137, the following paragraph shall be added: “The number of Members of the European Parliament shall not exceed seven hundred.”

38) Article 138 shall be amended as follows: (a) in paragraph 3, the first subparagraph shall be replaced by the following: “3. The European Parliament shall draw up a proposal for elections by direct universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to all Member States.”;

(b) the following paragraph shall be added: “4. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting unanimously, lay down the regulations and general conditions governing the performance of the duties of its Members.”

39) Article 151 shall be replaced by the following:

“Article 151 1. A committee consisting of the Permanent Representatives of the Member States shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the Council. The Committee may adopt procedural decisions in cases provided for in the Council’s Rules of Procedure.

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

shall be appointed by the Council acting unanimously. The Council shall decide on the organisation of the General Secretariat.

3. The Council shall adopt its Rules of Procedure. For the purpose of applying Article 191a(3), the Council shall elaborate in these Rules the conditions under which the public shall have access to Council documents. For the purpose of this paragraph, the Council shall define the cases in which it is to be regarded as acting in its legislative capacity, with a view to allowing greater access to documents in those cases, while at the same time preserving the effectiveness of its decision-making process. In any event, when the Council acts in its legislative

capacity, the results of votes and explanations of vote as well as statements in the minutes shall be made public.” 40) In Article 158(2), the first and second subparagraphs shall be replaced by the following: “2. The governments of the Member States shall nominate by common accord the person they intend to appoint as President of the Commission; the nomination shall be approved by the European Parliament.The governments of the Member States shall, by common accord with the nominee for President, nominate the other persons whom they intend to appoint as Members of the Commission.” 41) In Article 163, the following paragraph shall be inserted as the first paragraph: “The Commission shall work under the political guidance of its President.” 42) In Article 173, the third paragraph shall be replaced by the following: “The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament, by the Court of Auditors and by the ECB for the purpose of protecting their prerogatives.”

43) Article 188c shall be amended as follows:

(a) The second subparagraph of paragraph 1 shall be replaced by the following: “The Court of Auditors shall provide the European Parliament and the Council with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions which shall be published in the Official Journal of the European Communities.”;

(b) The first subparagraph of paragraph 2 shall be replaced by the following: “2. The Court of Auditors shall examine whether all revenue has been received and all expenditure incurred in a lawful and regular manner and whether the financial management has been sound. In doing so, it shall report in particular on any cases of

irregularity.”;

(c) Paragraph 3 shall be replaced by the following: “3. The audit shall be based on records and, if necessary, performed on the spot in the other institutions of the Community, on the premises of any body which manages

revenue or expenditure on behalf of the Community and in the Member States, including on the premises of any natural or legal person in receipt of payments from the budget. In the Member States the audit shall be carried out in liaison with national audit bodies or, if these do not have the necessary powers, with the competent

national departments. The Court of Auditors and the national audit bodies of the Member States shall co-operate in a spirit of trust while maintaining their independence. These bodies or departments shall inform the Court of Auditors whether they intend to take part in the audit. The other institutions of the Community, any bodies managing revenue or expenditure on behalf of the Community, any natural or legal person in receipt of payments from the budget, and the national audit bodies or, if these do not have the necessary powers, the competent national departments, shall forward to the Court of Auditors, at its request, any document or information necessary to carry out its task. In respect of the European Investment Bank’s activity in managing Community expenditure and revenue, the Court’s rights of access to information held by the Bank shall be governed by an agreement between the Court, the Bank and the Commission. In the absence of an agreement, the Court shall nevertheless have access to information necessary for the audit of Community expenditure and revenue managed by the Bank.” 44) Article 189b shall be replaced by the following:

“Article 189b 1. Where reference is made in this Treaty to this Article for the adoption of an act, the following procedure shall apply.

2. The Commission shall submit a proposal to the European Parliament and the Council. The Council, acting by a qualified majority after obtaining the opinion of the European Parliament,

-if it approves all the amendments contained in the European Parliament’s opinion, may adopt the proposed act thus amended;

-if the European Parliament does not propose any amendments, may adopt the proposed act;

-shall otherwise adopt a common position and communicate it to the European Parliament. The Council shall inform the European Parliament fully of the reasons which led it to adopt its common position. The Commission shall inform the European Parliament fully of its position. If, within three months of such communication, the European Parliament:

(a) approves the common position or has not taken a decision, the act in question shall be deemed to have been adopted in accordance with that common position; 44 (b) rejects, by an absolute majority of its component members, the common position, the proposed act shall be deemed not to have been adopted;

(c) proposes amendments to the common position by an absolute majority of its component members, the amended text shall be forwarded to the Council and to the Commission, which shall deliver an opinion on those amendments.

3. If, within three months of the matter being referred to it, the Council, acting by a qualified majority, approves all the amendments of the European Parliament, the act in question shall be deemed to have been adopted in the form of the common position thus amended; however, the Council shall act unanimously on the amendments on

which the Commission has delivered a negative opinion. If the Council does not approve all the amendments, the President of the Council, in agreement with the President of the European Parliament, shall within six weeks convene a meeting of the Conciliation Committee.

4. The Conciliation Committee, which shall be composed of the members of the Council or their representatives and an equal number of representatives of the European Parliament, shall have the task of reaching agreement on a joint text, by a qualified majority of the members of the Council or their representatives and by a majority of the representatives of the European Parliament. The Commission shall take part in the Conciliation Committee’s proceedings and shall take all the necessary initiatives with a view to reconciling the positions of the European Parliament and the Council. In fulfilling this task, the Conciliation Committee shall address the common position on the basis of the amendments proposed by the European Parliament.

5. If, within six weeks of its being convened, the Conciliation Committee approves a joint text, the European Parliament, acting by an absolute majority of the votes castand the Council, acting by a qualified majority, shall each have a period of six weeks from that approval in which to adopt the act in question in accordance with the joint text. If either of the two institutions fails to approve the proposed act within that period, it shall be deemed not to have been adopted.

6. Where the Conciliation Committee does not approve a joint text, the proposed act shall be deemed not to have been adopted.

7. The periods of three months and six weeks referred to in this Article shall be extended by a maximum of one month and two weeks respectively at the initiative of the European Parliament or the Council.”

45) The following Article shall be inserted:

“Article 191a 1. Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have a right of access to European Parliament, Council and Commission documents, subject to the principles and the conditions to be defined in accordance with paragraphs 2 and 3.

2. General principles and limits on grounds of public or private interest governing this right of access to documents shall be determined by the Council, acting in accordance with the procedure referred to in Article 189b within two years of the entry into force of the Treaty of Amsterdam.

3. Each institution referred to above shall elaborate in its own Rules of Procedure specific provisions regarding access to its documents.”

46) In Article 198, the following paragraph shall be added: “The Committee may be consulted by the European Parliament.” 47) In Article 198a, the third paragraph shall be replaced by the following: “The members of the Committee and an equal number of alternate members shall be appointed for four years by the Council actinunanimously on proposals from the respective Member States. Their term of office shall be renewable. No member of the Committee shall at the same time be a Member of the European Parliament.”

48) In Article 198b the second paragraph shall be replaced by the following: “It shall adopt its Rules of Procedure.”

49) Article 198c shall be amended as follows: (a) the first paragraph shall be replaced by the following:

“The Committee of the Regions shall be consulted by the Council or by the Commission where this Treaty so provides and in all other cases, in particular those which concern cross-border co-operation, in which one of these two institutions considers it appropriate.”;

(b) after the third paragraph, the following paragraph shall be inserted: “The Committee of the Regions may be consulted by the European Parliament.” 50) In Article 205, the first paragraph shall be replaced by the following:

“The Commission shall implement the budget, in accordance with the provisions of the regulations made pursuant to Article 209, on its own responsibility and within the limits of the appropriations, having regard to the principles of sound financialmanagement. Member States shall co-operate with the Commission to ensure that the

appropriations are used in accordance with the principles of sound financial management.”

51) Article 206(1) shall be replaced by the following: “1. The European Parliament, acting on a recommendation from the Council which shall act by a qualified majority, shall give a discharge to the Commission in respect of the implementation of the budget. To this end, the Council and the European Parliament in turn shall examine the accounts and the financial statement referred to in Article 205a, the annual report by the Court of Auditors together with the replies of the institutions under audit to the observations of the Court of Auditors, the statement

of assurance referred to in Article 188c(1), second subparagraph and any relevant special reports by the Court of Auditors.” 52) Article 209a shall be replaced by the following: “Article 209a 1. The Community and the Member States shall counter fraud and any other illegal activities affecting the financial interests of the Community through measures to be taken in accordance with this Article, which shall act as a deterrent and be such as to afford effective protection in the Member States.

2. Member States shall take the same measures to counter fraud affecting the financial interests of the Community as they take to counter fraud affecting their own financial interests.

3. Without prejudice to other provisions of this Treaty, the Member States shall coordinate their action aimed at protecting the financial interests of the Community against fraud. To this end they shall organise, together with the Commission, close and regular co-operation between the competent authorities.

4. The Council, acting in accordance with the procedure referred to in Article 189b, after consulting the Court of Auditors, shall adopt the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Community with a view to affording effective and equivalent protection in the

Member States. These measures shall not concern the application of national criminal law or the national administration of justice.

5. The Commission, in co-operation with Member States, shall each year submit to the European Parliament and to the Council a report on the measures taken for the implementation of this Article.”

53) The following Article shall be inserted:

“Article 213a 1. Without prejudice to Article 5 of the Protocol on the Statute of the European

System of Central Banks and of the European Central Bank, the Council, acting in accordance with the procedure referred to in Article 189b, shall adopt measures for the production of statistics where necessary for the performance of the activities of the Community.

2. The production of Community statistics shall conform to impartiality, reliability, objectivity, scientific independence, cost-effectiveness and statistical confidentiality; it shall not entail excessive burdens on economic operators.” 54) The following Article shall be inserted: “Article 213b

1. From 1 January 1999, Community acts on the protection of individuals with regard to the processing of personal data and the free movement of such data shall apply to the institutions and bodies set up by, or on the basis of, this Treaty.

2. Before the date referred to in paragraph 1, the Council, acting in accordance with he procedure referred to in Article 189b, shall establish an independent supervisory body responsible for monitoring the application of such Community acts to Community institutions and bodies and shall adopt any other relevant provisions as appropriate.”

55) Article 227(2) shall be replaced by the following: “2. The provisions of this Treaty shall apply to the French overseas departments, the Azores, Madeira and the Canary Islands. However, taking account of the structural social and economic situation of the French overseas departments, the Azores, Madeira and the Canary Islands, which is compounded by their remoteness, insularity, small size, difficult topography and climate, economic dependence on a few products, the permanence and combination of which severely restrain their development, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt specific measures aimed, in particular, at laying down the conditions of application of the present Treaty to those regions, including common policies. The Council shall, when adopting the relevant measures referred to in the second subparagraph, take into account areas such as customs and trade policies, fiscal

policy, free zones, agriculture and fisheries policies, conditions for supply of raw materials and essential consumer goods, State aids and conditions of access to structural funds and to horizontal Community programmes. The Council shall adopt the measures referred to in the second subparagraph taking into account the special characteristics and constraints of the outermost regions without undermining the integrity and the coherence of the Community legal order, including the internal market and common policies.”

56) Article 228 shall be amended as follows:

(a) the second subparagraph of paragraph 1 shall be replaced by the following: “In exercising the powers conferred upon it by this paragraph, the Council shall act by a qualified majority, except in the cases where the first subparagraph of paragraph 2 provides that the Council shall act unanimously.”;

(b) paragraph 2 shall be replaced by the following: “2. Subject to the powers vested in the Commission in this field, the signing, which may be accompanied by a decision on provisional application before entry into force,

and the conclusion of the agreements shall be decided on by the Council, acting by a qualified majority on a proposal from the Commission. The Council shall act unanimously when the agreement covers a field for which unanimity is required for the adoption of internal rules and for the agreements referred to in Article 238. By way of derogation from the rules laid down in paragraph 3, the same procedures

shall apply for a decision to suspend the application of an agreement, and for the purpose of establishing the positions to be adopted on behalf of the Community in a body set up by an agreement based on Article 238, when that body is called upon to adopt decisions having legal effects, with the exception of decisions supplementing or

amending the institutional framework of the agreement. The European Parliament shall be immediately and fully informed on any decision under this paragraph concerning the provisional application or the suspension of

agreements, or the establishment of the Community position in a body set up by an agreement based on Article 238.” 57) The following Article shall be inserted: “Article 236 1. Where a decision has been taken to suspend the voting rights of the representative of the government of a Member State in accordance with Article F.1(2) of the Treaty on European Union, these voting rights shall also be suspended with regard to this Treaty.

2. Moreover, where the existence of a serious and persistent breach by a Member State of principles mentioned in Article F(1) of the Treaty on European Union has been determined in accordance with Article F.1(1) of that Treaty, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the

application of this Treaty to the Member State in question. In doing so, the Councilshall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons.

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

3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken in accordance with paragraph 2 in response to changes in the situation which led to their being imposed.

4. When taking decisions referred to in paragraphs 2 and 3, the Council shall act without taking into account the votes of the representative of the government of the Member State in question. By way of derogation from Article 148(2) a qualified majority shall be defined as the same proportion of the weighted votes of the members

of the Council concerned as laid down in Article 148(2). This paragraph shall also apply in the event of voting rights being suspended in accordance with paragraph 1. In such cases, a decision requiring unanimity shall be

taken without the vote of the representative of the government of the Member State in question.”

58) Protocol on Social Policy and the Agreement on social policy attached thereto shall be repealed.

59) Protocol on the Economic and Social Committee and the Committee of the

Regions shall be repealed.

ARTICLE 3 The Treaty establishing the European Coal and Steel Community shall be amended in accordance with the provisions of this Article.

1) In Article 10(2) the first and second subparagraphs shall be replaced by the following: “2. The governments of the Member States shall nominate by common accord the person they intend to appoint as President of the Commission; the nomination shall be approved by the European Parliament. The governments of the Member States shall, by common accord with the nominee for President, nominate the other persons whom they intend to appoint as Members of the Commission.” 2) In Article 13, the following paragraph shall be inserted as the first paragraph: “The Commission shall work under the political guidance of its President.” 3) In Article 20, the following paragraph shall be added: “The number of Members of the European Parliament shall not exceed

seven hundred.” 4) Article 21 shall be amended as follows: (a) in paragraph 3, the first subparagraph shall be replaced by the following: “3. The European Parliament shall draw up a proposal for elections by direct

universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to all Member States.”;

(b) the following paragraph shall be added: “4. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting unanimously, lay down the regulations and general conditions governing the performance of the duties of its Members.”

5) Article 30 shall be replaced by the following: “Article 30 1. A committee consisting of the Permanent Representatives of the Member States shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the Council. The Committee may adopt procedural decisions in cases provided for in the Council’s Rules of Procedure.

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

shall be appointed by the Council acting unanimously. The Council shall decide on the organisation of the General Secretariat. 3. The Council shall adopt its Rules of Procedure.”

6) In Article 33, the fourth paragraph shall be replaced by the following: “The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament and by the Court of Auditors for the purpose of protecting their prerogatives.”

7) Article 45c shall be amended as follows: (a) The second subparagraph of paragraph 1 shall be replaced by the following: “The Court of Auditors shall provide the European Parliament and the Council with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions which shall be published in the Official Journal of the European Communities.”;

(b) The first subparagraph of paragraph 2 shall be replaced by the following: “2. The Court of Auditors shall examine whether all revenue has been received and all expenditure incurred in a lawful and regular manner and whether the financial management has been sound. In doing so, it shall report in particular on any cases of

irregularity.”;

(c) Paragraph 3 shall be replaced by the following: “3. The audit shall be based on records and, if necessary, performed on the spot in the other institutions of the Community, on the premises of any body which manages

revenue or expenditure on behalf of the Community and in the Member States,including on the premises of any natural or legal person in receipt of payments from the budget. In the Member States the audit shall be carried out in liaison with national audit bodies or, if these do not have the necessary powers, with the competent

national departments. The Court of Auditors and the national audit bodies of the Member States shall co-operate in a spirit of trust while maintaining their independence. These bodies or departments shall inform the Court of Auditors whether they intend to take part in the audit. The other institutions of the Community, any bodies managing revenue or expenditure on behalf of the Community, any natural or legal person in receipt of payments from the budget, and the national audit bodies or, if these do not have the necessary powers, the competent national departments, shall forward to the Court of Auditors, at its request, any document or information necessary to carry out its task. In respect of the European Investment Bank’s activity in managing Community expenditure and revenue, the Court’s rights of access to information held by the Bank shall be governed by an agreement between the Court, the Bank and the Commission. In the absence of an agreement, the Court shall nevertheless have access to information necessary for the audit of Community expenditure and revenue managed by the Bank.”

8) In Article 78c, the first paragraph shall be replaced by the following: “The Commission shall implement the budget, in accordance with the provisions of the regulations made pursuant to Article 78h, on its own responsibility and within the limits of the appropriations, having regard to the principles of sound financial management. Member States shall co-operate with the Commission to ensure that the appropriations are used in accordance with the principles of sound financial management.”

9) Article 78g(1) shall be replaced by the following:

“1. The European Parliament, acting on a recommendation from the Council which shall act by a qualified majority, shall give a discharge to the Commission in respect of the implementation of the budget. To this end, the Council and the European Parliament in turn shall examine the accounts and the financial statement referred to

in Article 78d, the annual report by the Court of Auditors together with the replies of the institutions under audit to the observations of the Court of Auditors, the statement of assurance referred to in Article 45c(1), second subparagraph, and any relevant special reports by the Court of Auditors.”10) The following Article shall be inserted: “Article 96 1. Where a decision has been taken to suspend the voting rights of the representative

of the government of a Member State in accordance with Article F.1(2) of the Treaty on European Union, these voting rights shall also be suspended with regard to this Treaty.

2. Moreover, where the existence of a serious and persistent breach by a Member State of principles mentioned in Article F(1) of the Treaty on European Union has been determined in accordance with Article F.1(1) of that Treaty, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the

application of this Treaty to the Member State in question. 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.

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

3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken in accordance with paragraph 2 in response to changes in the situation which led to their being imposed.

4. When taking decisions referred to in paragraphs 2 and 3, the Council shall act without taking into account the votes of the representative of the government of the Member State in question. By way of derogation from Article 28, fourth paragraph, a qualified majority shall be defined as the same proportion of the weighted votes of the

members of the Council concerned as laid down in Article 28, fourth paragraph. This paragraph shall also apply in the event of voting rights being suspended in accordance with paragraph 1. In such cases, a decision requiring unanimity shall be taken without the vote of the representative of the government of the Member State in question.”

ARTICLE 4 The Treaty establishing the European Atomic Energy Community shall be amended in accordance with the provisions of this Article. 1) In Article 107, the following paragraph shall be added: “The number of Members of the European Parliament shall not exceed seven hundred.” 2) Article 108 shall be amended as follows: (a) in paragraph 3, the first subparagraph shall be replaced by the following: 53 “3. The European Parliament shall draw up a proposal for elections by direct universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to all Member States.”; (b) the following paragraph shall be added: “4. The European Parliament shall, after seeking an opinion from the Commission

and with the approval of the Council acting unanimously, lay down the regulations and general conditions governing the performance of the duties of its Members.” 3) Article 121 shall be replaced by the following: “Article 121 1. A committee consisting of the Permanent Representatives of the Member States shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the Council. The Committee may adopt procedural decisions in cases provided for in the Council’s Rules of Procedure.

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

shall be appointed by the Council acting unanimously. The Council shall decide on the organisation of the General Secretariat. 3. The Council shall adopt its Rules of Procedure.”

4) In Article 127, the first and second subparagraphs of paragraph 2 shall be

replaced by the following: “2. The governments of the Member States shall nominate by common accord the

person they intend to appoint as President of the Commission; the nomination shall be

approved by the European Parliament. The governments of the Member States shall, by common accord with the nominee for President, nominate the other persons whom they intend to appoint as Members of the Commission.” 5) In Article 132, the following paragraph shall be inserted as the first paragraph:“The Commission shall work under the political guidance of its President.”

6) In Article 146, the third paragraph shall be replaced by the following: “The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament and by the Court of Auditors for the purpose of protecting their prerogatives”

7) Article 160c shall be amended as follows: (a) the second subparagraph of paragraph 1 shall be replaced by the following: “The Court of Auditors shall provide the European Parliament and the Council with a

statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions which shall be published in the Official Journal of the European Communities.”;

(b) the first subparagraph of paragraph 2 shall be replaced by the following: “2. The Court of Auditors shall examine whether all revenue has been received and all expenditure incurred in a lawful and regular manner and whether the financial management has been sound. In doing so, it shall report in particular on any cases of

irregularity.”;

(c) paragraph 3 shall be replaced by the following: “3. The audit shall be based on records and, if necessary, performed on the spot in the other institutions of the Community, on the premises of any body which manages

revenue or expenditure on behalf of the Community and in the Member States, including on the premises of any natural or legal person in receipt of payments from the budget. In the Member States the audit shall be carried out in liaison with national audit bodies or, if these do not have the necessary powers, with the competent

national departments. The Court of Auditors and the national audit bodies of theMember States shall co-operate in a spirit of trust while maintaining their independence. These bodies or departments shall inform the Court of Auditors whether they intend to take part in the audit. The other institutions of the Community, any bodies managing revenue or expenditure on behalf of the Community, any natural or legal person in receipt of payments from the budget, and the national audit bodies or, if these do not have the necessary powers, the competent national departments, shall forward to the Court of Auditors, at its request, any document or information necessary to carry out its task. In respect of the European Investment Bank’s activity in managing Community expenditure and revenue, the Court’s rights of access to information held by the Bank shall be governed by an agreement between the Court, the Bank and the Commission. In the absence of an agreement, the Court shall nevertheless have access to information necessary for the audit of Community expenditure and revenue managed by the Bank.”

8) In Article 170, the following paragraph shall be added: “The Committee may be consulted by the European Parliament.” 9) In Article 179, the first paragraph shall be replaced by the following: “The Commission shall implement the budget, in accordance with the provisions of the regulations made pursuant to Article 183, on its own responsibility and within the limits of the appropriations, having regard to the principles of sound financial

management. Member States shall co-operate with the Commission to ensure that the appropriations are used in accordance with the principles of sound financial management.”

10) Article 180b(1) shall be replaced by the following: “1. The European Parliament, acting on a recommendation from the Council which shall act by a qualified majority, shall give a discharge to the Commission in respect

of the implementation of the budget. To this end, the Council and the EuropeanParliament in turn shall examine the accounts and the financial statement referred to n Article 179a, the annual report by the Court of Auditors together with the replies of the institutions under audit to the observations of the Court of Auditors, the statement

of assurance referred to in Article 160c(1), second subparagraph, and any relevant special reports by the Court of Auditors.” 11) The following Article shall be inserted: “Article 204 1. Where a decision has been taken to suspend the voting rights of the representative of the government of a Member State in accordance with Article F.1(2) of the Treaty on European Union, these voting rights shall also be suspended with regard to this Treaty.

2. Moreover, where the existence of a serious and persistent breach by a Member State of principles mentioned in Article F(1) of the Treaty on European Union has been determined in accordance with Article F.1(1) of that Treaty, the Council, actingby a qualified majority, may decide to suspend certain of the rights deriving from the

application of this Treaty to the Member State in question. 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.

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

3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken in accordance with paragraph 2 in response to changes in the situation which led to their being imposed.

4. When taking decisions referred to in paragraphs 2 and 3, the Council shall act without taking into account the votes of the representative of the government of the Member State in question. By way of derogation from Article 118(2) a qualified majority shall be defined as the same proportion of the weighted votes of the members

of the Council concerned as laid down in Article 118(2). This paragraph shall also apply in the event of voting rights being suspended in accordance with paragraph 1. In such cases, a decision requiring unanimity shall be

taken without the vote of the representative of the government of the Member State in question.”

ARTICLE 5 The Act concerning the election of the representatives of the European Parliament by

direct universal suffrage annexed to the Council Decision of 20 September 1976 shall be amended in accordance with the provisions of this Article.

1) In Article 2, the following paragraph shall be added: “In the event of amendments to this Article, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States

brought together in the Community.”.

2) In Article 6(1), the following indent shall be inserted after the fifth indent: “-member of the Committee of the Regions,”.

3) Article 7(2) shall be replaced by the following: “2. Pending the entry into force of a uniform electoral procedure or a procedure based on common principles and subject to the other provisions of this Act, the electoral procedure shall be governed in each Member State by its national provisions.” 4) Article 11 shall be replaced by the following: “Pending the entry into force of the uniform electoral procedure or the procedure based on common principles referred to in Article 7, the European Parliament shall verify the credentials of representatives. For this purpose it shall take note of the results declared officially by the Member States and shall rule on any disputes which may arise out of the provisions of this Act other than those arising out of the national provisions to which the Act refers.” 5) Article 12(1) shall be replaced by the following: “1. Pending the entry into force of the uniform electoral procedure or the procedure based on common principles referred to in Article 7 and subject to the other

provisions of this Act, each Member State shall lay down appropriate procedures for filling any seat which falls vacant during the five-year term of office referred to in Article 3 for the remainder of that period .” PART TWO SIMPLIFICATION ARTICLE 6 The Treaty establishing the European Community, including the annexes and protocols thereto, shall be amended in accordance with the provisions of this Article for the purpose of deleting lapsed provisions of the Treaty and adapting in consequence the text of certain of its provisions. I. Text of the Articles of the Treaty

1) In Article 3, point (a), the word “elimination” shall be replaced by “prohibition”.

2) Article 7 shall be repealed.

3) Article 7a shall be amended as follows:

(a) the first and second paragraphs shall be numbered and thus become paragraphs 1 and 2;

(b) in the new paragraph 1, the following references shall be deleted: “7b”, “70(1)” and “and 100b”; before the citation of Article 100a, the comma shall be replaced by the word ”and”;

(c) there shall be added a paragraph 3 with the wording of the second paragraph of Article 7b which reads as follows:

“3. The Council, acting by a qualified majority on a proposal from the Commission, shall determine the guidelines and conditions necessary to ensure balanced progress in all the sectors concerned.”.

24) Article 37 shall be amended as follows: (a) in paragraph 1, first subparagraph, the word “progressively” and the words “when the transitional period has ended” shall be deleted; (b) in paragraph 2, the word “abolition” shall be replaced by “prohibition”; (c) paragraphs 3, 5 and 6 shall be deleted and paragraph 4 shall become paragraph 3;

(d) in the new paragraph 3, the words “account being taken of the adjustments that will be possible and the specialisation that will be needed with the passage of time.” shall be deleted and the comma after “concerned” shall become a full stop.

27) Article 43 shall be amended as follows: (a) in paragraph 2, third subparagraph, the words “acting unanimously during the first two stages and by a qualified majority thereafter” shall be replaced by “acting by a qualified majority”;

(b) in paragraphs 2 and 3, the reference to “Article 40(2)” shall become “Article 40(1).

28) Articles 44 and 45 and Article 47 shall be repealed.

29) In Article 48(1), the words “by the end of the transitional period at the latest” shall be deleted.

30) Article 49 shall be amended as follows: (a) in the introductory part, the words “As soon as this Treaty enters into force, the Council ...” shall be replaced by “The Council ...” and the words “by progressive stages” together with the commas preceding and following those words shall be deleted;

(b) in points (b) and (c) respectively, the words “systematically and progressively” shall be deleted.

31) The first paragraph of Article 52 shall be amended as follows: (a) in the first sentence, the words “abolished by progressive stages in the course of the transitional period” shall be replaced by the word “prohibited”;

(b) in the second sentence, the words “progressive abolition” shall be replaced by the word “prohibition”.

33) Article 54 shall be amended as follows: (a) paragraph 1 shall be deleted and paragraphs 2 and 3 shall become paragraphs 1 and 2;

(b) in new paragraph 1, the words “implement this general programme or, in the absence of such a programme, in order to achieve a stage in attaining” shall be replaced by “attain”.

34) In Article 59, first paragraph, the words “progressively abolished during thetransitional period” shall be replaced by “prohibited”.

37) Article 63 shall be amended as follows: (a) paragraph 1 shall be deleted and paragraphs 2 and 3 shall become paragraphs 1 and 2;

(b) in new paragraph 1, the words “implement this general programme or, in the absence of such a programme, in order to achieve a stage in” shall be replaced by the word “achieve” and the words “unanimously until the end of the first stage and by a qualified majority thereafter” shall be replaced by the words “by a qualified majority”;

(c) in new paragraph 2, the words “paragraphs 1 and 2” shall be replaced by “ paragraph 1”. 38) In Article 64, first paragraph, “Article 63(2)” shall be replaced by“Article 63(1)”.

41) In Article 76, the words “when this Treaty enters into force” shall be replaced by“on 1 January 1958 or, for acceding States, the date of their accession”.

42) Article 79 shall be amended as follows: (a) in paragraph 1 the words “at the latest, before the end of the second stage” shall be deleted; (b) in paragraph 3, the words “Within two years of the entry into force of this Treaty,

the Council shall” shall be replaced by “The Council shall”. 43) In Article 80(1), the words “as from the beginning of the second stage” shall bedeleted.

44) In Article 83, the words “without prejudice to the powers of the transport section of the Economic and Social Committee.” shall be replaced by “without prejudice to the powers of the Economic and Social Committee.”. 45) In Article 84(2), second subparagraph, the words “procedural provisions of Article 75(1) and (3)” shall be replaced by “procedural provisions of Article 75”. 46) In Article 87, the two subparagraphs of paragraph 1 shall be merged into a single paragraph. This new paragraph shall read as follows: “1. The appropriate regulations or directives to give effect to the principles set out in Articles 85 and 86 shall be laid down by the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament.”. 47) In Article 89(1), the words “,as soon as it takes up its duties,” shall be deleted. 48) After Article 90, the heading “Section 2 - Dumping” shall be deleted. 50) Before Article 92, the heading “Section 3” shall be replaced by “Section 2”.

51) In Article 92(3)(c), the second sentence, beginning “However, the aids granted to shipbuilding ...” and ending “towards third countries;” shall be deleted and the remaining part of point (c) shall end with a semicolon.

52) In Article 95, the third paragraph shall be deleted. 53) Article 97 and Article 100b shall be repealed. 54) In Article 101, second paragraph, the words “acting unanimously during the first stage and by a qualified majority thereafter” shall be replaced by “acting by a qualified majority”. 55) In Article 109e(2)(a), first indent, the following words shall be deleted: “, without prejudice to Article 73e,”. 56) Article 109f shall be amended as follows: (a) in paragraph 1, second subparagraph, the words “on a recommendation from, as the case may be, the Committee of Governors of the central banks of the Member States (hereinafter referred to as “Committee of Governors”) or the Council of the EMI” shall be replaced by “on a recommendation from the Council of the EMI”;

(b) in paragraph 1, the fourth subparagraph which states “The Committee of Governors shall be dissolved at the start of the second stage.” shall be deleted; (c) in paragraph 8, the second subparagraph which states “Where this Treaty provides for a consultative role for the EMI, references to the EMI shall be read, before 1 January 1994, as referring to the Committee of Governors.” shall be deleted. 57) Article 112 shall be amended as follows: (a) in paragraph 1, first subparagraph, the words “before the end of the transitional period” shall be deleted;

(b) in paragraph 1, second subparagraph, the words “acting unanimously until the end of the second stage and by a qualified majority thereafter” shall be replaced by “acting by a qualified majority”.

58) In Article 129c(1), first subparagraph, third indent, the words “Cohesion Fund to be set up no later than 31 December 1993” shall be replaced by “Cohesion Fund set up”.

59) In Article 130d, second paragraph, the words “The Council, acting in accordance with the same procedure, shall before 31 December 1993 set up a Cohesion Fund to” shall be replaced by “A Cohesion Fund set up by the Council in accordance with the same procedure shall”.

60) In Article 130s, paragraph 5, second indent, the words “Cohesion Fund to be set up no later than 31 December 1993 pursuant to Article 130d” shall be replaced by “Cohesion Fund set up pursuant to Article 130d.”.

61) In Article 130w, paragraph 3, the words “ACP-EEC Convention” shall be replaced by “ACP-EC Convention”.

62) In Article 131, first paragraph, the words “Belgium” and “Italy” shall be deleted and the reference to Annex IV shall be replaced by a reference to Annex II. 63) Article 133 shall be amended asfollows

(a) in paragraph 1, the words “completely abolished” shall be replaced by the word “prohibited” and the words “progressive abolition” shall be replaced by the word “prohibition”;

(b) in paragraph 2, the words “progressively abolished” shall be replaced by the word “prohibited” and the references to Articles 13, 14, 15 and 17 shall be deleted with the result that the paragraph ends with the words “... in accordance with the provisions of Article 12.”;

(c) in paragraph 3, second subparagraph, the words “shall nevertheless be progressively reduced to” shall be replaced by “may not exceed” and the second sentence beginning “The percentages and the timetable ...” and ending with “importing country or territory.” shall be deleted;

(d) in paragraph 4, the words “when this Treaty enters into force” shall be deleted. 64) Article 136 shall be replaced by the following:

“Article 136 The Council, acting unanimously, shall, on the basis of the experience acquired under

the association of the countries and territories with the Community and of the principles set out in this Treaty, lay down provisions as regards the detailed rules and the procedure for the association of the countries and territories with the Community.”. 65) Article 138 shall be amended as follows, to include Article 1, Article 2 as

amended by Article 5 of this Treaty, and Article 3(1) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to the Council Decision of 20 September 1976; Annex II of that Act shall continue to be applied: (a) in the place of paragraphs 1 and 2, which lapsed in accordance with Article 14 of the Act concerning the election of the representatives of the European Parliament,

there shall be inserted the text of Articles 1 and 2 of the said Act as paragraphs 1 and 2; the new paragraphs 1 and 2 shall read as follows: “1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be elected by direct universal suffrage. 2. The number of representatives elected in each Member State shall be as follows:

Belgium 25

Denmark 16

Germany 99

Greece 25

Spain 64

France 87

Ireland 15

Italy 87

Luxembourg 6

Netherlands 31

Austria 21

Portugal 25

Finland 16

Sweden 22

United Kingdom 87.

In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States brought together in the Community.”; (b) after the new paragraphs 1 and 2, there shall be inserted the text of Article 3(1) of the aforesaid Act as paragraph 3; the new paragraph 3 shall read as follows: “3. Representatives shall be elected for a term of five years.”; (c) the existing paragraph 3 as amended by Article 2 of this Treaty shall become paragraph 4; (d) paragraph 4 as added by Article 2 of this Treaty shall become paragraph 5.

67) In Article 166, first paragraph, the words “as from the date of accession” shall be replaced by “as from 1 January 1995”.

70) In Article 207, the second, third, fourth and fifth paragraphs shall be deleted.

71) In the place of Article 212 there shall be inserted the text of Article 24(1), second subparagraph, of the Treaty establishing a Single Council and a Single Commission of the European Communities; the new Article 212 shall accordingly read as follows:

“Article 212 The Council shall, acting by a qualified majority on a proposal from the Commission and after consulting the other institutions concerned, lay down the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of those Communities.”.

72) In the place of Article 218 there shall be inserted the adapted text of Article 28, first paragraph, of the Treaty establishing a Single Council and a Single Commission of the European Communities; the new Article 218 shall accordingly read as follows:

“Article 218 The Community shall enjoy in the territories of the Member States such privileges

and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities of the European Communities. The same shall apply to the European Central Bank, the European Monetary Institute, and the European Investment Bank.”. 73) In Article 221 the words “Within three years of the entry into force of this Treaty, Member States shall accord ...” shall be replaced by “Member States shall accord ...”. 74) In Article 223, paragraphs 2 and 3 shall be merged and replaced by the following:

“2. The Council may, acting unanimously on a proposal from the Commission, make changes to the list, which it drew up on 15 April 1958, of the products to which the provisions of paragraph 1(b) apply.”.

76) Article 227 shall be amended as follows:

(a) in paragraph 3, the reference to Annex IV shall be replaced by a reference to Annex II;

(b) after paragraph 4, a new paragraph shall be inserted as follows: “5. The provisions of this Treaty shall apply to the Aland Islands in accordance with the provisions set out in Protocol No 2 to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.”;

(c) the former paragraph 5 shall become paragraph 6 and point (d) thereof,concerning the Aland Islands shall be deleted; point (c) shall end with a full stop.

77) In Article 229, first paragraph, the words “organs of the United Nations, of its specialised agencies and of the General Agreement on Tariffs and Trade.” shall be replaced by “organs of the United Nations and of its specialised agencies.”

78) In Article 234, first paragraph, the words “before the entry into force of this Treaty” shall be replaced by “before 1 January 1958 or, for acceding States, before thedate of their accession”

79) The heading preceding Article 241 entitled “Setting up of the institutions” shall

be deleted

II. Annexes

2) Annex II “List referred to in Article 38 of the Treaty” shall become Annex I. 4) Annex IV “Overseas countries and territories to which the provisions of Part IV

of the Treaty apply” shall become Annex II. It is brought up to date and reads as

follows:

“ANNEX II OVERSEAS COUNTRIES AND TERRITORIESto which the provisions of Part IV of the Treaty 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,

-Curacao,

-Saba,

-Sint-Eustasius,

-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.”.

3) Protocol on the Statute of the Court of Justice of the European Community shall be amended as follows:

(a) the words “HAVE DESIGNATED as their plenipotentiaries for this purpose:” and the list of Heads of State and their plenipotentiaries shall be deleted;

(b) the words “WHO, having exchanged their full powers, found in good and due form,” shall be deleted;

(c) in Article 3, the adapted text of Article 21 of the Protocol on the privileges and immunities of the European Communities shall be added as a fourth paragraph; this new fourth paragraph shall accordingly read as follows:

“Articles 12 to 15 and 18 of the Protocol on the privileges and immunities of the European Communities shall apply to the Judges, Advocates-General, Registrar and Assistant Rapporteurs of the Court of Justice, without prejudice to the provisions relating to immunity from legal proceedings of Judges which are set out in the

preceding paragraphs.”;

6) The Protocol on Italy shall be amended as follows: (a) in the last paragraph commencing “RECOGNISE that in the event...”, the reference to Articles 108 and 109 shall be replaced by a reference to Articles 109h and 109i;

(b) the list of signatories shall be deleted. 7) The Protocol on goods originating in and coming from certain countries and enjoying special treatment when imported into a Member State shall be amended as follows: (a) in the introductory part of point 1:

-the words “applicable, at the time of the entry into force of this Treaty” shall be

replaced by “applicable on 1 January 1958.”;

-after the words “to imports”, the text of point (a) shall follow on immediately; thetext resulting therefrom shall read as follows: “...to imports into the Benelux countries of goods originating in and coming from Suriname or the Netherlands Antilles;”;

(c) in point 3, the words “Before the end of the first year after the entry into force of this Treaty, Member States ...” shall be replaced by “Member States

ARTICLE 7 The Treaty establishing the European Coal and Steel Community, including the annexes, protocols and other acts annexed thereto, shall be amended in accordance with the provisions of this Article for the purpose of deleting lapsed provisions of the Treaty and adapting in consequence the text of certain of its provisions. I. Text of the Articles of the Treaty

1) In Article 2, second paragraph, the word “progressively” shall be deleted.

2) In Article 4, in the introductory part, the words “abolished and” shall be deleted.

3) Article 7 shall be amended as follows: (a) in the first indent, the words “a HIGH AUTHORITY (hereinafter referred to as “the Commission”) shall be replaced by “a COMMISSION”; (b) in the second indent, the words “a COMMON ASSEMBLY (hereinafter referred to as “the European Parliament”) shall be replaced by “a EUROPEAN PARLIAMENT”; (c) in the third indent, the words “a SPECIAL COUNCIL OF MINISTERS

(hereinafter referred to as “the Council”) shall be replaced by “a COUNCIL”; 4) Article 10(3) shall be deleted. 5) In Article 16, the first and second paragraphs shall be deleted. 6) Article 21 shall be amended as follows, to include Article 1, Article 2 as amended by Article 5 of this Treaty, and Article 3(1) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to the Council Decision of 20 September 1976; Annex II of that Act shall continue to be applied: (a) in the place of paragraphs 1 and 2, which lapsed in accordance with Article 14 of the Act concerning the election of the representatives of the European Parliament, there shall be inserted the text of Articles 1 and 2 of the said Act as paragraphs 1 and 2; the new paragraphs 1 and 2 shall read as follows: “1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be elected by direct universal suffrage. 2. The number of representatives elected in each Member State shall be as follows:

Belgium 25

Denmark 16

Germany 99

Greece 25

Spain 64

France 87

Ireland 15

Italy 87

Luxembourg 6

Netherlands 31

Austria 21

Portugal 25

Finland 16

Sweden 22

United Kingdom 87.

In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States brought together in the Community.”; (b) after the new paragraphs 1 and 2, there shall be inserted the text of Article 3(1) of the aforesaid Act as paragraph 3; the new paragraph 3 shall read as follows: “3. Representatives shall be elected for a term of five years.”; (c) the existing paragraph 3 as amended by Article 2 of this Treaty shall become paragraph 4;

(d) paragraph 4 as added by Article 2 of this Treaty shall become paragraph 5.

7) In Article 32a, first paragraph, the words “the date of accession” shall be replaced by “1 January 1995”.

9) In Article 50, the adapted text of paragraphs 2 and 3 of Article 20 of the Treaty establishing a Single Council and a Single Commission of the European Communities shall be inserted as new paragraphs 4 and 5; the new paragraphs 4 and 5 shall accordingly read as follows: “4. The portion of the expenditure of the budget of the Communities covered by the levies provided for in Article 49 shall be fixed at 18 million units of account.

The Commission shall submit annually to the Council a report on the basis of which the Council shall examine whether there is reason to adjust this figure to changes in the budget of the Communities. The Council shall act by the majority laid down in the first sentence of the fourth paragraph of Article 28. The adjustment shall be made

on the basis of an assessment of developments in expenditure arising from the application of this Treaty.

5. The portion of the levies assigned to cover expenditure under the budget of the Communities shall be allocated by the Commission for the implementation of that budget in accordance with the timetable provided for in the financial regulations adopted pursuant to Article 209(b) of the Treaty establishing the European Community and Article 183(b) of the Treaty establishing the Atomic Energy Community.”. 11) In the place of Article 76 there shall be inserted the adapted text of Article 28, first paragraph, of the Treaty establishing a Single Council and a Single Commission of the European Communities; the new Article 76 shall accordingly read as follows:

“Article 76 The Community shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities of the European Communities.”.

12) Article 79 shall be amended as follows: (a) in the second sentence of the first paragraph, the part of the sentence which commences “as regards the Saar...” shall be deleted and the semicolon shall be

replaced by a full stop; (b) after the first paragraph, a second paragraph shall be inserted as follows:

“The provisions of this Treaty shall apply to the Aland Islands in accordance with the provisions of Protocol No 2 of the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.”;

(c) in the existing second paragraph, in the introductory part, the words “Notwithstanding the preceding paragraph:” shall be replaced by “Notwithstanding the preceding paragraphs:”;

(d) in the existing second paragraph, point (d) concerning the Aland Islands shall be deleted.

13) In Article 84, the words “Treaty and its Annexes, of the Protocols annexed thereto and of the Convention on the transitional Provisions.” shall be replaced by “Treaty and its Annexes and of the Protocols annexed thereto.”

15) In Article 93, the words “Organisation for European Economic Co-operation” shall be replaced by “Organisation for Economic Co-operation and Development”.

16) In Article 95, third paragraph, the words “If, after the end of the transitional period provided in the Convention on the Transitional Provisions, unforeseen difficulties...” shall be replaced by “If unforeseen difficulties...”.

17) In Article 97, the wording “This Treaty is concluded for a period of 50 years from its entry into force.” shall be replaced by “This Treaty shall expire on 23 July 2002.”.

II. Text of Annex III “Special steels” At the end of Annex III, the initials of the plenipotentiaries of the Heads of State and Government shall be deleted.

III. Protocols and other acts annexed to the Treaty 1) The following acts shall be repealed: (a) Exchange of letters between the Government of the Federal Republic of Germany and the Government of the French Republic concerning the Saar; (b) Convention on the Transitional Provisions. 2) The Protocol on the Statute of the Court of Justice of the European Coal and Steel Community shall be amended as follows: (a) Titles I and II of the Protocol shall be replaced by the text of Titles I and II of the Protocol on the Statute of the Court of Justice of the European Community annexed to the Treaty establishing the European Community;(b) Article 56 shall be repealed and the heading “Transitional provision” which precedes it shall be deleted; (c) the list of signatories shall be deleted

ARTICLE 8 The Treaty establishing the European Atomic Energy Community, including the

annexes and protocols thereto, shall be amended in accordance with the provisions of this Article for the purpose of deleting lapsed provisions of the Treaty and adapting in consequence the text of certain of its provisions. I. Text of the Articles of the Treaty 1) In Article 76, second paragraph, the words “after the entry into force of this

Treaty” shall be replaced by “after 1 January 1958”.

2) In the introductory part to the first paragraph of Article 93, the words “Member States shall abolish between themselves, one year after the entry into force of this Treaty, all customs duties ...” shall be replaced by “Member States shall prohibit between themselves all customs duties ...”. 4) In Article 98, second paragraph, the words “Within two years of the entry into force of this Treaty, the Council ...” shall be replaced by “The Council ...”.

6) Article 104 shall be amended as follows: (a) in the first paragraph, the words “after the entry into force of this Treaty” shall be replaced by “after 1 January 1958 or, for acceding States, after the date of their accession,”;

(b) in the second paragraph the words “after the entry into force of this Treaty, within the purview thereof” shall be replaced by “after the dates referred to in the first paragraph, within the scope of this Treaty”.

7) Article 105 shall be amended as follows: (a) in the first paragraph, the words “concluded before its entry into force by a Member State” shall be replaced by “concluded before 1 January 1958 or, for acceding States, before the date of their accession, by a Member State”. At the end of that paragraph the words “the entry into force of this Treaty” shall be replaced by “the aforesaid dates”;

(b) in the second paragraph, the words “concluded between the signature and the entry into force of this Treaty” shall be replaced by “concluded between 25 March 1957 and 1 January 1958 or, for acceding States, between the signature of the instrument of accession and the date of their accession”.

8) In Article 106, first paragraph, the words “before the entry into force of this Treaty” shall be replaced by “before 1 January 1958 or, for acceding States, before the date of their accession”.

9) Article 108 shall be amended as follows, to include Article 1, Article 2 as amended by Article 5 of this Treaty, and Article 3(1) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to the Council Decision of 20 September 1976; Annex II of that Act shall continue to be applied:

(a) in the place of paragraphs 1 and 2, which lapsed in accordance with Article 14 of the Act concerning the election of the representatives of the European Parliament, there shall be inserted the text of Articles 1 and 2 of the said Act as paragraphs 1 and 2; the new paragraphs 1 and 2 shall read as follows:

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

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

(b) after the new paragraphs 1 and 2, there shall be inserted the text of Article 3(1) of the aforesaid Act as paragraph 3; the new paragraph 3 shall read as follows: “3. Representatives shall be elected for a term of five years.”;

14) In the place of Article 191 there shall be inserted the adapted text of Article 28, first paragraph, of the Treaty establishing a Single Council and a Single Commission of the European Communities; the new Article 191 shall accordingly read as follows: “Article 191

The Community shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities of the European Communities.”.

15) Article 198 shall be amended as follows: (a) after the second paragraph there shall be inserted a third paragraph as follows: “The provisions of this Treaty shall apply to the Aland Islands in accordance with the

provisions set out in Protocol No 2 to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.”; (b) in the existing third paragraph, point (e) concerning the Aland Islands shall be deleted.

16) In Article 199, first paragraph, the words “and of the General Agreement on Tariffs and Trade” shall be replaced by “and of the World Trade Organisation”. 17) Title VI, “Provisions relating to the initial period”, comprising Section 1, “Setting up of the institutions”, Section 2, “Provisions for the initial application of this Treaty” and Section 3, “Transitional provisions” and Articles 209 to 223, shall be repealed.

18) In Article 225 there shall be added a new paragraph as follows: “Pursuant to the Accession treaties the Danish, English, Finnish, Greek, Irish, Portuguese, Spanish and Swedish versions of this Treaty shall also be authentic.”. II. Annexes Annex V, “Initial research and training programme referred to in Article 215 of this Treaty” including the table “Breakdown by main headings ...” shall be deleted.

III. Protocols 1) The Protocol on the application of the Treaty establishing the European Atomic Energy Community to the non-European parts of the Kingdom of the Netherlands shall be repealed.

2) The Protocol on the Statute of the Court of Justice of the European Atomic Energy Community shall be amended as follows: (a) the words “HAVE DESIGNATED as their Plenipotentiaries for this Purpose:”

and the list of Heads of State and their plenipotentiaries shall be deleted; (b) the words “WHO, having exchanged their full powers, found in good and due form,” shall be deleted;

(c) in Article 3, the adapted text of Article 21 of the Protocol on the privileges and immunities of the European Communities shall be added as a fourth paragraph; this new fourth paragraph shall accordingly read as follows:

“Articles 12 to 15 and 18 of the Protocol on the privileges and immunities of the European Community shall apply to the Judges, Advocates-General, Registrar and Assistant Rapporteurs of the Court of Justice, without prejudice to the provisions relating to immunity from legal proceedings of Judges which are set out in the preceding paragraphs.”; ARTICLE 9 1. Without prejudice to the paragraphs following hereinafter, which have as their

purpose to retain the essential elements of their provisions, the Convention of 25 March 1957 on certain institutions common to the European Communities and the Treaty of 8 April 1965 establishing a Single Council and a Single Commission of the European Communities, but with the exception of the Protocol referred to in

paragraph 5, shall be repealed. 2. The powers conferred on the European Parliament, the Council, the Commission,

the Court of Justice and the Court of Auditors by the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community shall be exercised by the single institutions under the conditions laid down respectively by the said Treaties and this Article. The functions conferred on the Economic and Social Committee by the Treaty

establishing the European Community and the Treaty establishing the European Atomic Energy Community shall be exercised by a single committee under the conditions laid down respectively by the said Treaties. The provisions of Articles 193 and 197 of the Treaty establishing the European Community shall apply to that Committee. 3. The officials and other staff of the European Communities shall form part of the

single administration of those Communities and shall be governed by the provisions adopted pursuant to Article 212 of the Treaty establishing the European Community. 4. The European Communities shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of their tasks

under the conditions set out in the Protocol referred to in paragraph 5. The position shall be the same as regards the European Central Bank, the European Monetary Institute and the European Investment Bank.

5. In the Protocol of 8 April 1965 on the privileges and immunities of the European Communities there shall be inserted an Article 23, as laid down in Protocol (No 7) to the Treaty establishing the European Community; that Article reads as follows: “Article 2This 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.The above provisions shall also apply to the European Monetary Institute. Its dissolution or liquidation shall not give rise to any imposition.”.

6. The revenue and expenditure of the European Community, the administrative expenditure of the European Coal and Steel Community and the revenue relating thereto and the revenue and expenditure of the European Atomic Energy Community, except for those of the Supply Agency and Joint Undertakings, shall be shown in the budget of the European Communities, under the conditions laid down respectively in the Treaties establishing the three Communities.

7. Without prejudice to the application of Article 216 of the Treaty establishing the European Community, Article 77 of the Treaty establishing the European Coal and Steel Community, Article 189 of the Treaty establishing the European Atomic Energy Community and the second paragraph of Article 1 of the Protocol on the Statute of the

European Investment Bank, the representatives of the Governments of the Member States shall adopt by common accord the necessary provisions for the purpose of dealing with certain problems particular to the Grand Duchy of Luxembourg which arise from the creation of a Single Council and a Single Commission of the European

Communities.

ARTICLE 101. The repeal or deletion in this Part of lapsed provisions of the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community as in force before the entry into force of this Treaty of Amsterdam and the adaptation of certain of their provisions shall not bring about any change in the legal effects of the

provisions of those Treaties, in particular the legal effects arising from the time limits laid down by the said Treaties, nor of Accession Treaties.

2. There shall be no change in the legal effects of the acts in force adopted on the basis of the said Treaties.

3. The position shall be the same as regards the repeal of the Convention on certain institutions common to the European Communities and the repeal of the Treaty establishing a Single Council and a Single Commission of the European Communities.

ARTICLE 11 The provisions of the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community relating to the powers of the Court of Justice of 79the European Communities and to the exercise of those powers shall apply to theprovisions of this Part and to the Protocol on privileges and immunities referred to in

Article 9(5).

PART THREE GENERAL AND FINAL PROVISIONS ARTICLE 12 1. The articles, titles and sections of the Treaty on European Union and of the Treaty establishing the European Community, as amended by the provisions of this Treaty, shall be renumbered in accordance with the tables of equivalences set out in the Annex to this Treaty, which shall form an integral part thereof.

2. The cross references to articles, titles and sections in the Treaty on European Union and in the Treaty establishing the European Community, as well as between them, shall be adapted in consequence. The same shall apply as regards references to articles, titles and sections of those treaties contained in the other Community treaties.

3. The references to the articles, titles and sections of the Treaties referred to in paragraph 2 contained in other instruments or acts shall be understood as references to the articles, titles and sections of the Treaties as renumbered pursuant to paragraph 1 and, respectively, to the paragraphs of the said articles, as renumbered by certain provisions of Article 6.

4. References, contained in other instruments or acts, to paragraphs of articles of the Treaties referred to in Articles 7 and 8 shall be understood as referring to those paragraphs as renumbered by certain provisions of the said Articles 7 and 8. ARTICLE 13 This Treaty is concluded for an unlimited period.ARTICLE 14 1. This Treaty shall be ratified by the High Contracting Parties in accordance withtheir respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.

2. This Treaty shall enter into force on the first day of the second month following that in which the instrument of ratification is deposited by the last signatory State to fulfil that formality. ARTICLE 15 This Treaty, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, 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.

IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty. Done at Amsterdam on the second day of October in the year one thousand nine hundred and ninety-seven.