CONTENTS
HEADS Introduction of signatories
TITLE1 Common Provisions
TITLE2 Provisions Amending the Treaty Establishing the European
Ecomonic Community with a View to Establishing the European
Community
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
Affairs
TITLE7 Final Provisions
PROTOCOLS Protocols (broken up into Protocols 1-5 and Protocols 6-17)
Final Act
May of 1992 Declaration on Protocol No. 17, made on the 1st May 1992
PROTOCOL
ON THE CONVERGENCE CRITERIA REFERRED TO IN ARTICLE 109j OF
THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY
THE HIGH CONTRACTING PARTIES,
DESIRING to lay down the details of the convergence criteria which
shall guide the Community in taking decisions on the passage to the
third stage of economic and monetary union, referred to in Article
109j(1) of this Treaty,
HAVE AGREED upon the following provisions, which shall be annexed
to the Treaty establishing the European Community:
ARTICLE 1
The criterion on price stability referred to in the first indent of Article
109j(1) of this Treaty shall mean that a Member State has a price
performance that is sustainable and an average rate of inflation,
observed over a period of one year before the examination, that does
not exceed by more than 1 1/2 percentage points that of, at most, the
three best performing Member States in terms of price stability.
Inflation shall be measured by means of the consumer price index on
a comparable basis, taking into account differences in national
definitions.
ARTICLE 2
The criterion on the government budgetary position referred to in the
second indent of Article 109j(1) of this treaty shall mean that at the
time of the examination the Member State is not the subject of a
Council decision under Article 104c(6) of this Treaty that an excessive
deficit exists.
ARTICLE 3
The criterion on participation in the Exchange Rate mechanism of the
European Monetary System referred to in the third indent of Article
109j(1) of this Treaty shall mean that a Member State has respected
the normal fluctuation margins provided for by the Exchange Rate
Mechanism of the European Monetary System without severe tensions
for at least the last two years before the examination. In particular, the
Member State shall not have devalued its currency's bilateral central
rate against any other Member State's currency on its own initiative
for the same period.
ARTICLE 4
The criterion on the convergence of interest rates referred to in the
fourth indent of Article 109j(1) of this Treaty shall mean that, observed
over a period of one year before the examination, a Member State has
had an average nominal long-term interest rate that does not exceed
by more than 2 percentage points that of, at most, the three best
performing Member States in terms of price stability. Interest rates
shall be measured on the basis of long term government bonds or
comparable securities, taking into account differences in national
definitions.
ARTICLE 5
The statistical data to be used for the application of this protocol shall
be provided by the Commission.
ARTICLE 6
The Council shall, acting unanimously on a proposal from the
Commission and after consulting the European Parliament, the EMI or
the ECB as the case may be, and the Committee referred to in Article
109c, adopt appropriate provisions to lay down the details of the
convergence criteria referred to Article 109j of this Treaty, which shall
then replace this Protocol.
PROTOCOL
AMENDING THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES
OF THE EUROPEAN COMMUNITIES
THE HIGH CONTRACTING PARTIES,
CONSIDERING that, in accordance with Article 40 of the Statute of the
European Central Bank and Article 21 of the Statute of the European
Monetary Institute, the European Central Bank and the European
Monetary Institute shall enjoy in the territories of the Member States
such privileges and immunities as are necessary for the performance
of their tasks,
HAVE AGREED upon the following provisions, which shall be annexed
to the Treaty establishing the European Community:
SOLE ARTICLE
The Protocol on the Privileges and Immunities of the European
Communities, annexed to the Treaty establishing a Single Council and
a Single Commission of the European Communities, shall be
supplemented by the following provisions:
"Article 23
This Protocol shall also apply to the European Central Bank, to the
members of its organs and to its staff, without prejudice to the
provisions of the Protocol on the Statute of the European System of
Central Banks and the European Central Bank.
The European Central Bank shall, in addition, be exempt from any
form of taxation or imposition of a like nature on the occasion of any
increase in its capital and from the various formalities which may be
connected therewith in the State where the bank has its seat. The
activities of the Bank and of its organs carried on in accordance with
the Statute of the European System of Central Banks and of the
European Central Bank shall not be subject to any turnover tax.
The above provisions shall also apply to the European Monetary
Institute. Its dissolution or liquidation shall not give rise to any
imposition."
PROTOCOL
ON DENMARK
THE HIGH CONTRACTING PARTIES,
DESIRING to settle certain particular problems relating to Denmark,
HAVE AGREED UPON the following provisions, which shall be annexed
to the Treaty establishing the European Community:
The provisions of Article 14 of the Protocol on the Statute of the
European System of Central Banks and of the European System of
Central Banks and of the European Central Bank shall not affect the
right of the National Bank of Denmark to carry out its existing tasks
concerning those parts of the Kingdom of Denmark which are not part
of the Community.
PROTOCOL
ON PORTUGAL
THE HIGH CONTRACTING PARTIES,
DESIRING to settle certain particular problems relating to Portugal,
HAVE AGREED upon the following provisions, which shall be annexed
to the Treaty establishing the European Community:
1. Portugal is hereby authorized to maintain the facility afforded to the
Autonomous Regions of Azores and Madeira to benefit from an
interest-free credit facility with the Banco de Portugal under the terms
established by existing Portuguese law.
2. Portugal commits itself to pursue its best endeavors in order to put
an end to the above mentioned facility as soon as possible.
PROTOCOL
ON THE TRANSITION TO THE THIRD STAGE OF ECONOMIC AND
MONETARY UNION
THE HIGH CONTRACTING PARTIES,
Declare the irreversible character of the Community's movement to the
third stage of Economic and Monetary Union by signing the new Treaty
provisions on Economic and Monetary Union.
Therefore all Member States shall, whether they fulfil the necessary
conditions for the adoption of a single currency or not, respect the will
for the Community to enter swiftly into the third stage, and therefore no
Member State shall prevent the entering into the third stage.
If by the end of 1997 the date of the beginning of the third stage has
not been set, the Member States concerned, the Community
institutions and other bodies involved shall expedite all preparatory
work during 1998, in order to enable the Community to enter the third
stage irrevocably on 1 January 1999 and to enable the ECB and ESCB
to start their full functioning from this date.
This Protocol shall be annexed to the Treaty establishing the
European Community.
PROTOCOL
ON CERTAIN PROVISIONS RELATING TO THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND
THE HIGH CONTRACTING PARTIES,
RECOGNIZING that the United Kingdom shall not be obliged or
committed to move to the third stage of economic and monetary union
without a separate decision to do so by its government and
Parliament,
NOTING the practice of the government of the United Kingdom to fund
its borrowing requirement by the sale of debt to the private sector.
HAVE AGREED the following provisions, which shall be annexed to the
Treaty establishing the European Community:
1. The United Kingdom shall notify the Council whether it intends to
move to the third stage before the Council makes its assessment
under Article 109j(2) of this Treaty;
Unless the United Kingdom notifies the Council that it intends to move
to the third stage, it shall be under no obligation to do so.
If no date is set for the beginning of the third stage under Article
109j(3) of this Treaty, the United Kingdom may notify its intention to
move to the third stage before 1 January 1998.
2. Paragraphs 3 to 9 shall have effect if the United Kingdom notifies
the Council that it does not intend to move to the third stage.
3.The United Kingdom shall not be included among the majority of
Member States which fulfil the necessary conditions referred to in the
second indent of Article 109j(2) and the first indent of Article 109j(3) of
this Treaty.
4. The United Kingdom shall retain its powers in the field of monetary
policy according to national law.
5. Articles 3a(2), 104c(1), (9) and (11), 105(1) to (5), 105a, 107, 108,
108a, 109, 109a(1) and (2)(b) and 109l(4) and (5) of this Treaty shall not
apply to the United Kingdom. In these provisions references to the
Community or the Member States shall not include the United Kingdom
and references to national central banks shall not include the Bank of
England.
6. Articles 109e(4) and 109h and i of this Treaty shall continue to apply
to the United Kingdom. Articles 109c(4) and 109m shall apply to the
united Kingdom as if it had a derogation.
7. The voting rights of the United Kingdom shall be suspended in
respect of acts of the Council referred to in Articles listed in paragraph
5. For this purpose the weighted votes of the United Kingdom shall be
excluded form any calculation of a qualified majority under Article
109k(5) of this Treaty.
The United Kingdom shall also have no right to participate in the
appointment of the President, the Vice-President and the other
members of the Executive Board of the ECB under Articles 109a(2)(b)
and 109l(1) of this Treaty.
8. Articles 3, 4, 6, 7, 9.2, 10.1, 10.3, 11.2, 12.1, 14, 16, 18 to 20, 22, 23,
26, 27, 30 to 34, 50 and 52 of the Protocol on the Statute of the
European System of Central Banks and of the European Central Bank
("the Statute") shall not apply to the United Kingdom.
In those Articles, references to the Community or the Member States
shall not include the United Kingdom and references to national
central banks or shareholders shall not include the Bank of England.
References in Articles 10.3 and 30.2. of the Statute to "subscribed
capital of the ECB" shall not include capital subscribed by the Bank of
England.
9. Article 109(3) of this Treaty and Articles 44 to 48 of the Statute shall
have effect, whether or not there is any Member State with a
derogation, subject to the following amendments:
(a) References in Article 44 ot the tasks of the ECB and the EMI shall
include those tasks that still need to be performed in the third stage
owing to any decision of the United kingdom not to move to that Stage.
(b) In addition to the tasks referred to in Article 47 the ECB shall also
give advice in relation to and contribute to the preparation of any
decision of the Council with regard to the United Kingdom taken in
accordance with paragraphs 10(a) and 10(c).
(c) The Bank of England shall pay up its subscription to the capital of
the ECB as a contribution of its operational costs on the same basis
as national central banks of Member States with a derogation.
10. If the United Kingdom does not move to the third stage, it may
change its notification at any time after the beginning of that stage. In
that event:
(a) The United Kingdom shall have the right to move to the third stage
provided only that it satisfies the necessary conditions. The Council,
acting at the request of the United Kingdom and under the conditions
and in accordance with the procedure laid down in Article 109k(2) of
this Treaty, shall decide whether it fulfills the necessary conditions.
(b) The Bank of England shall pay up its subscribed capital, transfer to
the ECB foreign reserve assets and contribute to its reserves on the
same basis as the national central bank of a Member State whose
derogation has been abrogated.
(c) The Council, acting under the conditions and in accordance with the
procedure laid down in Article 109(5) of this Treaty, shall take all other
necessary decisions to enable the United Kingdom to move to the
third stage.
If the United Kingdom moves to the third stage pursuant to the
provisions of this protocol, paragraphs 3 to 9 shall cease to have
effect.
11. Notwithstanding Articles 104 and 109e(3) of this Treaty and Article
21.1. of the Statute, the government of the United Kingdom may
maintain its ways and means facility with the Bank of England if and
so long as the United Kingdom does not move to the third stage.
PROTOCOL
ON CERTAIN PROVISIONS RELATING TO DENMARK
THE HIGH CONTRACTING PARTIES,
DESIRING to settle, in accordance with the general objectives of the
Treaty establishing the European Community, certain particular
problems existing at the present time,
TAKING INTO ACCOUNT that the Danish Constitution contains
provisions which may imply a referendum in Denmark prior to Danish
participation in the third stage of Economic and Monetary Union,
HAVE AGREED on the following provisions, which shall be annexed to
the Treaty establishing the European Community:
1. The Danish Government shall notify the Council of its position
concerning participation in the third stage before the Council makes its
assessment under Article 109j(2) of this Treaty.
2. In the event of a notification that Denmark will not participate in the
third stage, Denmark shall have an exemption. The effect of the
exemption shall be that all Articles and provisions of this Treaty and
the Statute of the ESCB referring to a derogation shall be applicable to
Denmark.
3. In such case, Denmark shall not be included among the majority of
Member States which fulfil the necessary conditions referred to in the
second indent of Article 109j(2) and the first indent of Article 109j(3) of
this Treaty.
4. As for the abrogation of the exemption, the procedure referred to in
Article 109k(2) shall only be initiated at the request of Denmark.
5. In the event of abrogation of the exemption status, the provisions of
this Protocol shall cease to apply.
PROTOCOL
ON FRANCE
THE HIGH CONTRACTING PARTIES,
DESIRING to take into account a particular point relating to France,
HAVE AGREED upon the following provisions, which shall be annexed
to the Treaty establishing the European Community.
France will keep the privilege of monetary emission in its overseas
territories under the terms established by its national laws, and will be
solely entitled to determine the parity of the CFP franc.
PROTOCOL
ON SOCIAL POLICY
THE HIGH CONTRACTING PARTIES,
NOTING that eleven Member States, that is to say the Kingdom of
Belgium, the Kingdom of Denmark and Federal Republic of Germany,
the Hellenic Republic, the Kingdom of Spain, the French Republic,
Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the
Kingdom of the Netherlands and the Portuguese Republic, wish to
continue along the path laid down in the 1989 Social Charter; that they
have adopted among themselves an Agreement to this end; that this
Agreement is annexed to this Protocol; that this Protocol and the said
Agreement are without prejudice to the provisions of this Treaty,
particularly those relating to social policy which constitute an integral
part of the "acquis communautaire":
1. Agree to authorize those eleven Member States to have recourse to
the institutions, procedures and mechanisms of the Treaty for the
purposes of taking among themselves and applying as far as they are
concerned the acts and decisions required for giving effect to the
abovementioned Agreement.
2. The United Kingdom of Great Britain and Northern Ireland shall not
take part in the deliberations and the adoption by the Council of
Commission proposals made on the basis of the Protocol and the
above mentioned Agreement.
By way of derogation from Article 148(2) of the Treaty, acts of the
Council which are made pursuant to this Protocol and which must be
adopted by a qualified majority shall be deemed to be so adopted if
they have received at least forty-four votes in favour. The unanimity of
the members of the Council, with the exception of the United Kingdom
of Great Britain and Northern Ireland, shall be necessary for acts of
the Council which must be adopted unanimously and for those
amending the Commission proposal.
Acts adopted by the Council and any financial consequences other
than administrative costs entailed for the institutions shall not be
applicable to the United Kingdom of Great Britain and Northern Ireland.
3. This Protocol shall be annexed to the Treaty establishing the
European Community.
AGREEMENT
ON SOCIAL POLICY CONCLUDED BETWEEN THE MEMBER STATES
OF THE EUROPEAN COMMUNITY WITH THE EXCEPTION OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND.
The undersigned eleven HIGH CONTRACTING PARTIES, that is to say,
the Kingdom of Belgium, the Kingdom of Denmark, the Federal
Republic of Germany, the Hellenic Republic, the Grand Duchy of
Luxembourg, the Kingdom of the Netherlands and the Portuguese
Republic (hereinafter referred to the "the Member States"),
WISHING TO implement to the 1989 Social Charter on the basis of the
"acquis communautaire",
CONSIDERING the Protocol on social policy,
HAVE AGREED as follows:
ARTICLE 1
The Community and the Member States shall have as their objectives
the promotion of employment, improved living and working conditions,
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 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.
ARTICLE 2
- With a view to achieving the objectives of Article 1, 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;
- equality between men and women with regard to labour market
opportunities and treatment at work;
- the integration of persons excluded from the labour market, without
prejudice to Article 127 of the Treaty establishing the European
Community (hereinafter referred to as "the Treaty").
- 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 189c of the Treaty after consulting the Economic and Social
Committee.
- However, the Council shall act unanimously on a proposal from the
Commission, after consulting the European Parliament and the
Economic and Social Committee, in following areas:
- social security and social protection of workers;
- protection of workers where their employment contract is terminated;
- representation and collective defence of the interests of worker 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.
- 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.
- The provisions adopted pursuant to this Article shall not prevent
any Member State from maintaining or introducing more stringent
protective measures compatible with the Treaty.
- 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 3
- 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.
- 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.
- 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.
- On the occasion of such consultation, management and labour may
inform the Commission of their wish to initiate the process provided
for in Article 4. 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 4
- Should management and labour so desire, the dialogue between
them at Community level may lead to contractual relations, including
agreements.
- 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 2, 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 2(3), in which case it shall act
unanimously.
ARTICLE 5
With a view to achieving the objectives of Article 1 and without
prejudice to the other provisions of the 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
Agreement.
ARTICLE 6
- Each Member State shall ensure that the principle of equal pay for
male and female workers for equal work is applied.
- 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.
- This Article shall not prevent any Member State from maintaining or
adopting measures providing for specific advantages in order to make
it easier for women to pursue a vocational activity or to prevent or
compensate for disadvantages in their professional careers.
ARTICLE 7
The Commission shall draw up a report each year on progress in
achieving the objective of Article 1, 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.
DECLARATIONS
- Declaration on Article 2(2)
The eleven High Contracting Parties note that in the discussions on
Article 2(2) of the Agreement it was agreed that the Community does
not intend, in laying down minimum requirements for the protection of
the safety and health of employees, to discriminate in a manner
unjustified by the circumstances against employees in small and
medium-sized undertakings.
- Declaration on Article 4(2)
The eleven High Contracting Parties declare that the first of the
arrangements for application of the agreements between management
and labour at Community level - referred to in Article 4(2) - will consist
in developing, by collective bargaining according to the rules of each
Member State, the content of the agreements, and that consequently
this arrangement implies no obligation on the Member States to apply
the agreements directly or to work out rules for their transposition, or
any obligation to amend national legislation in force to facilitate their
implementation.
PROTOCOL
ON ECONOMIC AND SOCIAL COHESION THE HIGH CONTRACTING
PARTIES,
RECALLING that the Union has set itself the objective of promoting
economic and social progress, inter alia, through the strengthening of
economic and social cohesion;
RECALLING that Article 2 of the Treaty establishing the European
Community includes the task of promoting economic and social
cohesion and solidarity between Member States and that the
strengthening of economic and social cohesion figures among the
activities of the Community listed in Article 3;
RECALLING that the provisions of Part Three, Title XIV, on economic
and social cohesion as a whole provide the legal basis for
consolidating and further developing the Community's action in the
field of economic and social cohesion, including the creation of a new
fund;
RECALLING that the provisions of Part Three, Title XII on transEuropean
networks and Title XVI on environment envisage a Cohesion
Fund to be set up before 31 December 1993;
STATING their belief that progress towards Economic and Monetary
Union will contribute to the economic growth of all Member States;
NOTING that the Community's Structural Funds are being doubled in
real terms between 1987 and 1993, implying large transfers,
especially as a proportion of GDP of the less prosperous Member
States;
NOTING that the European Investment Bank is lending large and
increasing amounts for the benefit of the poorer regions;
NOTING the desire for greater flexibility in the arrangements for
allocation from the Structural Funds;
NOTING the desire for modulation of the levels of Community
participation in programmes and projects in certain countries;
NOTING the proposal to take greater account of the relative prosperity
of Member States in the system of own resources,
REAFFIRM that the promotion of economic and social cohesion is vital
to the full development and enduring success of the Community, and
underline the importance of the inclusion of economic and social
cohesion in Articles 2 and 3 of this Treaty;
REAFFIRM their conviction that the Structural Funds should continue to
play a considerable part in the achievement of Community objectives
in the field of cohesion;
REAFFIRM their conviction that the European Investment Bank should
continue to devote the majority of its resources to the promotion of
economic and social cohesion, and declare their willingness to review
the capital needs of the European Investment Bank as soon as this is
necessary for that purpose;
REAFFIRM the need for a thorough evaluation of the operation and
effectiveness of the Structural Funds in 1992, and the need to review,
on that occasion, the appropriate size of these Funds in the light of the
tasks of the Community in the area of economic and social cohesion;
AGREE that the Cohesion Fund to be set up before 31 December 1993
will provide Community financial contributions to projects in the fields
of environment and trans-European networks in Member States with a
per capita GNP of less than 90% of the Community average which
have a programme leading to the fulfilment of the conditions of
economic convergence as set out in Article 104c;
DECLARE their intention of allowing a greater margin of flexibility in
allocating financing from the Structural Funds to specific needs not
covered under the present Structural Funds regulations;
DECLARE their willingness to modulate the levels of Community
participation in the context of programmes and projects of the
Structural Funds, with a view to avoiding excessive increases in
budgetary expenditure in the less prosperous Member States;
RECOGNIZE the need to monitor regularly the progress made towards
achieving economic and social cohesion and state their willingness to
study all necessary measures in this respect;
DECLARE their intention of taking greater account of the contributive
capacity of individual Member States in the system of own resources,
and of examining means of correcting, for the less prosperous
Member States, regressive elements existing in the present own
resources system;
AGREE to annex this Protocol to the Treaty establishing the European
Community.
PROTOCOL
ON THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE
OF THE REGIONS
THE HIGH CONTRACTING PARTIES
HAVE AGREED upon the following provision, which shall be annexed
to this Treaty establishing the European Community:
The Economic and Social Committee and the Committee of the
Regions shall have a common organizational structure.
PROTOCOL
ANNEXED TO THE TREATY ON EUROPEAN UNION AND TO THE
TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES
THE HIGH CONTRACTING PARTIES,
HAVE AGREED upon the following provision, which shall be annexed
to the Treaty on European Union and to the Treaties establishing the
European Communities:
Nothing in the Treaty on European Union, or in the Treaties
establishing the European Communities, or in the Treaties or Acts
modifying or supplementing those Treaties, shall affect the application
in Ireland of Article 40.3.3 of the Constitution of Ireland.