HEADS Introduction of signatories
TITLE1 Common Provisions
TITLE2 Provisions Amending the Treaty Establishing the European
Ecomonic Community with a View to Establishing the European
TITLE3 Provisions Amending the Treaty Establishing the European
Coal and Steel Community
TITLE4 Provisions Amending the Treaty Establishing the European
Atomic Energy Community
TITLE5 Provisions on a Common Foreign & Security Policy
TITLE6 Provisions on Cooperation in the Fields of Justice & Home
TITLE7 Final Provisions
PROTOCOLS Protocols (broken up into Protocols 1-5 and Protocols 6-17)
May of 1992 Declaration on Protocol No. 17, made on the 1st May 1992
- The Conferences of the Representatives of the Governments of the
Member States convened in Rome on 15 December 1990 to adopt by
common accord the amendments to be made to the Treaty
establishing the European Economic Community with a view to the
achievement of political union and with a view to the final stages of
economic and monetary union, and those convened in Brussels on 3
February 1992 with a view to amending the Treaties establishing
respectively the European Coal and Steel Community and the
European Atomic Energy Community as a result of the amendments
envisaged for the Treaty establishing the European Economic
Community have adopted the following texts:
the Treaty on European Union
- Protocol on the acquisition of property in Denmark
- Protocol concerning Article 119 of the Treaty establishing the
- Protocol on the Statute of the European System of central banks and
of the European Central Bank
- Protocol on the Statute of the European Monetary Institute
- Protocol on the excessive deficit procedure
- Protocol on the convergence criteria referred to in Article 109j of the
Treaty establishing the European Community
- Protocol amending the Protocol on the privileges and immunities of
the European Communities
- Protocol on Denmark
- Protocol on Portugal
- Protocol on the transition to the third stage of economic and
- Protocol on certain provisions relating to the United Kingdom of
Great Britain and Northern Ireland
- Protocol on certain provisions relating to Denmark.
- Protocol on France
- Protocol on social policy, to which is annexed an agreement
concluded between the Member States of the European Community
with the exception of the United Kingdom of Great Britain and Northern
Ireland, to which two declarations are attached
- Protocol on economic and social cohesion
- Protocol on the Economic and Social Committee and the Committee
of the Regions
- Protocol annexed to the Treaty on European Union and to the
Treaties establishing the European Communities
The Conferences agreed that the Protocols referred to in 1 to 16 above
will be annexed to the Treaty establishing the European Community
and that the Protocol referred to in 17 above will be annexed to the
Treaty of European Union and to the Treaties establishing the
At the time of signature of these texts, the Conferences adopted the
declarations listed below and annexed to this Final Act:
- Declaration on civil protection, energy and tourism
- Declaration on nationality of a Member State
- Declaration on Part Three, Titles III and VI, of the Treaty establishing
the European Community
- Declaration on Part Three, Title VI, of the Treaty establishing the
- Declaration on monetary co-operation with non-Community countries
- Declaration on monetary relations with the Republic of San Marino,
the Vatican City and the Principality of Monaco
- Declaration on Article 73d of the Treaty establishing the European
- Declaration on Article 109 of the Treaty establishing the European
- Declaration on Part Three, Title XVI, of the Treaty establishing the
- Declaration on Articles 109, 130r and 130y of the Treaty
establishing the European Community
- Declaration on the Directive of 24 November 1988 (Emissions)
- Declaration of the European Development Fund
- Declaration on the role of national Parliaments in the European
- Declaration on the Conference of the Parliaments
- Declaration on the number of members of the Commission and of
the European Parliament
- Declaration on the hierarchy of Community Acts
- Declaration on the right of access to information
- Declaration on estimated costs under Commission proposals
- Declaration on the implementation of Community law
- Declaration on assessment of the environmental impact of
- Declaration on the Court Auditors
- Declaration of the Economic and Social Committee
- Declaration on co-operation with charitable associations
- Declaration on the protection of animals
- Declaration on the representation of the interests of the overseas
countries and territories referred to in Article 227(3) and (5)(a) and (b) of
the Treaty establishing the European Community
- Declaration on the outermost regions of the Community
- Declaration on voting in the field of the common foreign and
28 Declaration on practical arrangements in the field of the common
foreign and security policy.
- Declaration on the use of languages in the field of the common
foreign and security policy
- Declaration on Western European Union
- Declaration on asylum
- Declaration on police co-operation
- Declaration on disputes between the ECB and the EMI and their
Done at Maastricht this seventh day of February in the year on
thousand nine hundred and ninety-two
ON CIVIL PROTECTION, ENERGY AND TOURISM
The Conference declares that the question of introducing into the
Treaty establishing the European Community Titles relating to the
spheres referred to in Article 3(t) of that Treaty will be examined, in
accordance with the procedure laid down in Article N(2) of the Treaty on
European Union, on the basis of a report which the Commission will
submit to the Council by 1996 at the latest.
The Commission declares that Community action in those spheres will
be pursued on the basis of the present provisions of the Treaties
establishing the European Communities.
ON NATIONALITY OF A MEMBER STATE
The Conference declares that, wherever in the Treaty establishing the
European Community reference is made to nationals of the Member
States, the question whether an individual possesses the nationality
of a Member State shall be settled solely by reference to the national
law of the Member State concerned. Member States may declare, for
information, who are to be considered their nationals for Community
purposes by way of declaration lodged with the Presidency and may
amend any such declarations when necessary.
ON PART THREE,TITLES III AND VI, OF THE TREATY ESTABLISHING
THE EUROPEAN COMMUNITY
The Conference affirms that, for the purposes of applying the
provisions set out in Part Three, Title III, Chapter 4 on capital and
payments, and Title VI on economic and monetary policy, of this
Treaty, the usual practice, according to which the Council meets in the
composition of Economic and Finance Ministers, shall be continued,
without prejudice to Article 109j(2) to (4) and Article 109k(2).
ON PART THREE, TITLE VI, OF THE TREATY ESTABLISHING THE
The Conference affirms that the President of the European Council
shall invite the Economic and Finance Ministers to participate in
European Council meetings when the European Council is discussing
matters relating to Economic and Monetary Union.
ON MONETARY COOPERATION WITH NON-COMMUNITY COUNTRIES
The Conference affirms that the Community shall aim to contribute to
stable international monetary relations. To this end the Community
shall be prepared to co-operate with other European countries and with
those non-European countries with which the Community has close
ON MONETARY RELATIONS WITH THE REPUBLIC OF SAN MARINO,
THE VATICAN CITY AND THE PRINCIPALITY OF MONACO
The Conference agrees that the existing monetary relations between
Italy and San Marino and the Vatican City and between France and
Monaco remain unaffected by the Treaty establishing the European
Community until the introduction of the ECU as the single currency of
The Community undertakes to facilitate such renegotiations of existing
arrangements as might become necessary as a result of the
introduction of the ECU as a single currency.
ON ARTICLE 73d OF THE TREATY ESTABLISHING THE EUROPEAN
The Conference affirms that the right of Member States to apply the
relevant provisions of their tax law as referred to in Article 73d(1)(a) of
this Treaty will apply only with respect to the relevant provisions
which exist at the end of 1993. However, this Declaration shall apply
only to capital movements between Member States and to payments
effected between Member States.
ON ARTICLE 109 OF THE TREATY ESTABLISHING THE EUROPEAN
The Conference emphasizes that use of the term "formal agreements"
in Article 109(1) is not intended to create a new category of
international agreement within the meaning of Community law.
ON PART THREE, TITLE XVI, OF THE TREATY ESTABLISHING THE
The Conference considers that, in view of the increasing importance of
nature conservation at national, Community and international level,
the Community should, in exercising its powers under the provisions
of Part Three, Title XVI, take account of the specific requirements of
ON ARTICLES 109, 130r AND 130y of THE TREATY ESTABLISHING
THE EUROPEAN COMMUNITY
The Conference considers that the provisions of Article 109(5), Article
130r(4), second subparagraph, and Article 130y do not affect the
principles resulting from the judgment handed down by the Court of
Justice in the AETR case.
ON THE DIRECTIVE OF 24 NOVEMBER 1988 (Emissions)
The Conference declares that changes in Community legislation
cannot undermine the derogations granted to Spain and Portugal until
31 December 1999 under the Council Directive of 24 November 1988
on the limitation of emissions of certain pollutants into the air from
large combustion plants.
ON THE EUROPEAN DEVELOPMENT FUND
The Conference agrees that the European Development Fund will
continue to be financed by national contributions in accordance with
the current provisions.
ON THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN
The Conference considers that it is important to encourage greater
involvement of national Parliaments in the activities of the European
To this end, the exchange of information between the national
Parliaments and the European Parliament should be stepped up. In
this context, the governments of the Member States will ensure, inter
alia, that national Parliaments receive Commission proposals for
legislation in good time for information or possible examination.
Similarly, the Conference considers that it is important for contacts
between the national Parliaments and the European Parliament to be
stepped up, in particular through the granting of appropriate reciprocal
facilities and regular meetings between members of Parliament
interested in the same issues.
ON THE CONFERENCE OF THE PARLIAMENTS
The Conference invites the European Parliament and the national
Parliaments to meet as necessary as a Conference of the Parliaments
The Conference of the Parliaments will be consulted on the main
features of the European Union, without prejudice to the powers of the
European Parliament and the rights of the national Parliaments. The
President of the European Council and the President of the
Commission will report to each session of the Conference of the
Parliaments on the state of the Union.
ON THE NUMBER OF MEMBERS OF THE COMMISSION AND OF THE
The Conference agrees that the Member States will examine the
questions relating to the number of members of the Commission and
the number of members of the European Parliament no later than at
the end of 1992, with a view to reaching an agreement which will
permit the establishment of the necessary legal basis for fixing the
number of members of the European Parliament in good time for the
1994 elections. The decisions will be taken in the light, inter alia, of
the need to establish the overall size of the European Parliament in an
ON THE HIERARCHY OF COMMUNITY ACTS
The Conference agrees that the Intergovernmental Conference to be
convened in 1996 will examine to what extent it might be possible to
review the classification of Community acts with a view to establishing
an appropriate hierarchy between the different categories of act.
ON THE RIGHT OF ACCESS TO INFORMATION
The Conference considers that transparency of the decision-making
process strengthens the democratic nature of the institutions and the
public's confidence in the administration. The Conference accordingly
recommends that the Commission submit to the Council no later than
1993 a report on measures designed to improve public access to the
information available to the institutions.
ON ESTIMATED COSTS UNDER COMMISSION PROPOSALS
The Conference notes that the Commission undertakes, by basing
itself where appropriate on any consultations it considers necessary
and by strengthening its system for evaluating Community legislation,
to take account in its legislative proposals of costs and benefits to the
Member States' public authorities and all the parties concerned.
ON THE IMPLEMENTATION OF COMMUNITY LAW
ON ASSESSMENT OF THE ENVIRONMENTAL IMPACT OF COMMUNITY
- The Conference stresses that it is central to the coherence and unity
of the process of European construction that each Member State
should fully and accurately transpose into national law the Community
Directives addressed to it within the deadlines laid down therein.
Moreover, the Conference, while recognizing that it must be for each
Member State to determine how the provisions of Community law can
best be enforced in the light of its own particular institutions, legal
system and other circumstances, but in any event in compliance with
Article 189 of the Treaty establishing the European Community,
considers it essential for the proper functioning of the Community that
the measures taken by the different Member States should result in
Community law being applied with the same effectiveness and rigour
as in the application of their national law.
- The Conference calls on the Commission to ensure, in exercising its
powers under Article 155 of this Treaty, that Member States fulfill their
obligations. It asks the Commission to publish periodically a full report
for the Member States and the European Parliament.
The Conference notes that the Commission undertakes in its
proposals, and that the Member States undertake in implementing
those proposals, to take full account of their environmental impact and
of the principle of sustainable growth.
ON THE COURT OF AUDITORS
The Conference emphasizes the special importance it attaches to the
task assigned to the Court of Auditors by Articles 188a, 188b, 188c and
206 of the Treaty establishing the European Community.
It requests the other Community institutions to consider, together with
the Court of Auditors, all appropriate ways of enhancing the
effectiveness of its work.
DECLARATION ON THE ECONOMIC AND SOCIAL COMMITTEE
The Conference agrees that the Economic and Social Committee will
enjoy the same independence with regard to its budget and staff
management as the Court Auditors has enjoyed hitherto.
ON COOPERATION WITH CHARITABLE ASSOCIATIONS
The Conference stresses the importance, in pursuing the objectives of
Article 117 on the Treaty establishing the European Community, of cooperation
between the latter and charitable associations and
foundations as institutions responsible for social welfare
establishments and services.
ON THE PROTECTION OF ANIMALS
The Conference calls upon the European Parliament, the Council and
the Commission, as well as the Member States, when drafting and
implementing Community legislation on the common agricultural
policy, transport, the internal market and research, to pay full regard to
the welfare requirements of animals.
ON THE REPRESENTATION OF THE INTERESTS OF THE OVERSEAS
COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 227(3)
AND (5)(a) AND (b) OF THE TREATY ESTABLISHING THE EUROPEAN
The Conference, noting that in exceptional circumstances divergences
may arise between the interests of the Union and those of the
overseas countries and territories referred to in Article 227(3) and
(5)(a) and (b), agrees that the Council will seek to reach a solution
which accords with the position of the Union. However, in the event
that this proves impossible, the Conference agrees that the Member
State concerned may act separately in the interests of the said
overseas countries and territories, without this affecting the
Community's interests. The Member State concerned will give notice
to the Council and the Commission where such a divergence of
interests is likely to occur and, when separate action proves
unavoidable, make it clear that it is acting in the interests of overseas
territory mentioned above.
This declaration also applies to Macao and East Timor.
ON THE OUTERMOST REGIONS OF THE COMMUNITY
The Conference acknowledges that the outermost regions of the
Community (the French overseas departments, Azores and Madeira
and Canary Islands) suffer from major structural backwardness
compounded by several phenomena (remoteness, island status, small
size, difficult topography and climate, economic dependence on a few
products), the permanence and combination of which severely restrain
their economic and social development.
It considers that, while the provisions of the Treaty establishing the
European Community and secondary legislation apply automatically to
outermost regions, it is nonetheless possible to adopt specific
measures to assist them inasmuch and as long as there is an
objective need to take such measures with a view to the economic and
social development of those regions. Such measures should have
their aim both the completion of the internal market and a recognition
of the regional reality to enable the outermost regions to achieve the
average economic and social level of the Community.
ON VOTING IN THE FIELD OF THE COMMON FOREIGN AND SECURITY
The Conference agrees that, with regard to Council decisions requiring
unanimity, Member States will, to the extent possible, avoid
preventing a unanimous decision where a qualified majority exists in
favour of that decision.
ON PRACTICAL ARRANGEMENTS IN THE FIELD OF THE COMMON
FOREIGN AND SECURITY POLICY
The Conference agrees that the division of work between the Political
Committee and the Committee of Permanent Representatives will be
examined at a later stage, as will the practical arrangements for
merging the Political Co-operation Secretariat with the General
Secretariat of the Council and for co-operation between the latter and
DECLARATION ON THE USE OF LANGUAGES IN THE FIELD OF THE
COMMON FOREIGN AND SECURITY POLICY
The Conference agrees that the use of languages shall be in
accordance with the rules of the European Communities.
For COREU communications, the current practice of European political
co-operation will serve as a guide for the time being.
All common foreign and security policy texts which are submitted to or
adopted at meeting of the European Council and of the Council as well
as all texts which are to be published are immediately and
simultaneously translated into all the official Community languages.
ON WESTERN EUROPEAN UNION
The Conference notes the following declarations:
WEU's relations with European Union
The objective is to build up WEU in stages as the defence
component of the European Union. To this end, WEU is prepared, at
the request of the European Union, to elaborate and implement
decisions and actions of the Union which have defence implications.
To this end, WEU will take the following measures to develop a close
working relationship with the Union:
by Belgium, Germany, Spain, France, Italy, Luxembourg, the
Netherlands, Portugal and the United Kingdom of Great Britain and
Northern Ireland, which are members of the Western European Union
and also members of the European Union on
THE ROLE OF THE WESTERN EUROPEAN UNION AND ITS RELATIONS
WITH THE EUROPEAN UNION AND WITH THE ATLANTIC ALLIANCE
- WEU Member States agree on the need to develop a genuine
European security and defence identity and a greater European
responsibility on defence matters. This identity will be pursued
through a gradual process involving successive phases. WEU will
form an integral part of the process of the development of the
European Union and will enhance its contribution to solidarity within
the Atlantic Alliance. WEU Member States agree to strengthen the role
of WEU, in the longer term perspective of a common defence,
compatible with that of the Atlantic Alliance.
- WEU will be developed as the defence component of the European
Union and as a means to strengthen the European pillar of the Atlantic
Alliance. To this end, it will formulate common European defence
policy and carry forward its concrete implementation through the
further development of its own operational role.
WEU Member States take note of Article J.4 relating to the common
foreign and security policy of the Treaty on European Union which
reads as follows:
- The common foreign and security policy shall include all questions
related to the security of the Union, including the eventual framing of a
common defence policy, which might in time lead to a common
- The union requests the Western Union (WEU), which is an integral
part of the development of the Union, to elaborate and implement
decisions and actions of the Union which have defence implications.
The Council shall, in agreement with the institutions of the WEU, adopt
the necessary practical arrangements.
- Issues having defence implications dealt with under this Article
shall not be subject to the procedures set out in Article J.3.
- 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 under the North Atlantic Treaty and be compatible with
the common security and defence policy established within that
- The provisions of this Article shall not prevent the development of
closer co-operation 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.
- With a view to furthering the objective of this Treaty, and having in
view the date of 1998 in the context of Article XII of the Brussels
Treaty, the provisions of this Article may be revised as provided for in
Article N(2) on the basis of a report to be presented in 1996 by the
Council to the European Council, which shall include an evaluation of
the progress made and the experience gained until then.
- as appropriate, synchronization of the dates and venues of meetings
and harmonization of working methods;
- establishment of close co-operation between the Council and
Secretariat-General of WEU on the one hand, and the Council of the
Union and General Secretariat of the Council on the other;
- consideration of the harmonization of the sequence and duration of
the respective Presidencies;
- arranging for appropriate modalities so as to ensure that the
Commission of the European Communities is regularly informed and,
as appropriate, consulted on WEU activities in accordance with the
role of the Commission in the common foreign and security policy as
defined in the Treaty on European Union;
- encouragement of closer co-operation between the Parliamentary
Assembly of WEU and the European Parliament.
The WEU Council shall, in agreement with the competent bodies of the
European Union, adopt the necessary practical arrangements.
WEU's relations with the Atlantic Alliance
The objective is to develop WEU as a means to strengthen the
European pillar of the Atlantic Alliance. Accordingly WEU is prepared
to develop further the close working links between WEU and the
Alliance and to strengthen the role, responsibilities and contributions
of WEU Member States in the Alliance. This will be undertaken on the
basis of the necessary transparency and complementarity between
the emerging European security and defence identity and the Alliance.
WEU will act in conformity with the positions adopted in the Atlantic
Operational role of WEU
WEU's operational role will be strengthened by examining and
defining appropriate missions, structures and means, covering in
- WEU Member States will intensify their co-ordination on Alliance
issues which represent an important common interest with the aim of
introducing joint positions agreed in WEU into the process of
consultation in the Alliance which will remain the essential forum for
consultation among its members and the venue for agreement on
policies bearing on the security and defence commitments of Allies
under the North Atlantic Treaty.
- Where necessary, dates and venues of meetings will be
synchronized and working methods harmonized.
- Close co-operation will be established between the SecretariatsGeneral
of WEU and NATO.
- WEU planning cell;
- closer military co-operation complementary to the Alliance in
particular in the fields of logistics, transport, training and strategic
- meetings of WEU Chiefs of Defence Staff;
- military units answerable to WEU.
Other proposals will be examined further including:
- enhanced co-operation in the field of armaments with the aim of
creating a European armaments agency;
- development of the WEU Institute into a European Security and
Arrangements aimed at giving WEU a stronger operational role will be
fully compatible with the military dispositions necessary to ensure the
collective defence of all Allies.
As a consequence of the measures set out above, and in order to
facilitate the strengthening of WEU's role, the seat of the WEU Council
and Secretariat will be transferred to Brussels.
Representation of the WEU Council must be such that the Council is
able to exercise its functions continuously in accordance with Article
VIII of the modified Brussels Treaty. Member States may draw on a
double-hatting formula, to be worked out, consisting of their
representatives to the Alliance and to the European Union.
WEU notes that, in accordance with the provisions of Article J.4(6)
concerning the common foreign and security policy of the Treaty on
European Union, the Union will decide to review the provisions of this
Article with a view to furthering the objective to be set by it in
accordance with the procedure defined. The WEU will re-examine the
present provisions in 1996. This re-examination will take account of
the progress and experience acquired and will extend to relations
between WEU and the Atlantic Alliance.
by Belgium, Germany, Spain, France, Italy, Luxembourg, the
Netherlands, Portugal and the United Kingdom of Great Britain and
Northern Ireland which are members of the Western European Union.
"The Member States of WEU welcome the development of the
European security and defence identity. They are determined, taking
into account the role of WEU as the defence component of the
European Union and as the means to strengthen the European pillar of
the Atlantic Alliance, to put the relationship between WEU and the
other European States on a new basis for the sake of stability and
security in Europe. In this spirit, they propose the following:
States which are members of the European Union are invited to
accede to WEU on conditions to be agreed in accordance with Article
XI of the modified Brussels Treaty, or to become observers if they so
wish. Simultaneously, other European Member States of NATO are
invited to become associate members of WEU in a way which will give
them the possibility of participating fully in the activities of WEU.
The Member States of WEU assume that treaties and agreements
corresponding with the above proposals will be concluded before 31
The Conference agrees that, in the context of the proceedings
provided for in Articles K.1 and K.3 of the provisions on co-operation in
the fields of justice and home affairs, the Council will consider as a
matter of priority questions concerning Member States' asylum
policies, with the aim of adoption by the beginning of 1993, common
action to harmonize aspects of them, in the light of the work
programme and timetable contained in the report on asylum drawn up
at the request of the European Council meeting in Luxembourg on 28
and 29 June 1991.
In this connection, the Council will also consider, by the end of
1993, on the basis of a report, the possibility of applying Article K.9 to
ON POLICE CO-OPERATION
The Conference confirms the agreement of the Member States on the
objectives underlying the German delegations's proposals at the
European Council meeting in Luxembourg on 28 and 29 June 1991.
For the present, the Member States agree to examine as a matter of
priority the drafts submitted to them, on the basis of the work
programme and timetable agreed upon in the report drawn up at the
request of the Luxembourg European Council, and they are willing to
envisage the adoption of practical measures in areas such as those
suggested by the German delegation, relating to the following
functions in the exchange of information and experience:
- support for national criminal investigation and security authorities, in
particular in the co-ordination of investigations and search operations;
- creation of data bases;
- central analysis and assessment of information in order to take stock
of the situation and identify investigative approaches;
- collection and analysis of national prevention programmes for
forwarding to Member States and for drawing up Europe-wide
- measures relating to further training, research, forensic matters and
criminal records departments.
Member States agree to consider on the basis of a report, during 1994
at the latest, whether the scope of such co-operation should be
ON DISPUTES BETWEEN THE ECB AND THE EMI AND THEIR
The Conference considers it proper that the Court of First Instance
should hear this class of action in accordance with Article 168a of the
Treaty establishing the European Community. The Conference
therefore invites the institutions to adapt the relevant rules
Done at Maastricht on the seventh day of February one thousand nine
hundred and niney two
and more important autographs.