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
TITLE4
PROVISIONS AMENDING THE TREATY ESTABLISHING THE
EUROPEAN ATOMIC ENERGY COMMUNITY
ARTICLE 1
The Treaty establishing European Atomic Energy Community shall be
amended in accordance with the provisions of this Article.
1) Article 3 shall be replaced by the following:
"ARTICLE 3
- The tasks entrusted to the Community shall be carried out by the
following institutions:
- a EUROPEAN PARLIAMENT,
- a COUNCIL,
- a COMMISSION,
- a COURT OF JUSTICE,
- a COURT OF AUDITORS.
Each institution shall act within the limits of the powers conferred upon
it by this Treaty.
2. The Council and the Commission shall be assisted by an Economic
and Social Committee acting in an advisory capacity."
- The following Articles shall be inserted:
"ARTICLE 107a
The European Parliament may, acting by a majority of its members,
request the Commission to submit any appropriate proposal on
matters on which it considers that a Community act is required for the
purpose of implementing this Treaty.
ARTICLE 107b
In the course of its duties, the European Parliament may, at the
request of a quarter of its members, set up a temporary Committee of
Inquiry to investigate, without prejudice to the powers conferred by
this Treaty on other institutions or bodies, alleged contraventions or
maladministration in the implementation of Community law, except
where the alleged facts are being examined before a court and while
the case is still subject to legal proceedings.
The temporary Committee of Inquiry shall cease to exist on the
submission of its report.
The detailed provisions governing the exercise of the right of inquiry
shall be determined by common accord of the European Parliament,
the Council and the Commission.
ARTICLE 107c
Any citizen of the Union, and any natural or legal person residing or
having its registered office in a Member State, shall have the right to
address, individually or in association with other citizens or persons,
a petition to the European Parliament on a matter which comes within
the Community's fields of activity and which affects him, her or it
directly.
ARTICLE 107d
1. The European Parliament shall appoint an Ombudsman empowered
to receive complaints from any citizen of the Union or any natural or
legal person residing or having its registered office in a Member State
concerning instances of maladministration in the activities of the
Community institutions or bodies, with the exception of the Court of
Justice and the Court of First Instance acting in their judicial role.
In accordance with his duties, the Ombudsman shall conduct inquiries
for which he finds grounds, either on his own initiative or on the basis
of complaints submitted to him direct or through a member of the
European Parliament, except where the alleged facts are or have been
the subject of legal proceedings. Where the Ombudsman establishes
an instance of maladministration, he shall refer the matter to the
institution concerned. The person lodging the complaint shall be
informed of the outcome of such inquiries.
The Ombudsman shall submit an annual report to the European
Parliament on the outcome of his inquiries.
2. The Ombudsman shall be appointed after each election of the
European Parliament for the duration of its term of office. The
Ombudsman shall be eligible for reappointment.
The Ombudsman may be dismissed by the Court of Justice at the
request of the European Parliament if he no longer fulfils the
conditions required for the performance of his duties or if he is guilty
of serious misconduct.
3. The Ombudsman shall be completely independent in the
performance of his duties. In the performance of those duties he shall
neither seek nor take instructions form any body. The Ombudsman
may not, during his term of office, engage in any other occupation,
whether gainful or not.
4. The European Parliament shall, after seeking an opinion from the
Commission and with the approval of the Council acting by a qualified
majority, lay down the regulations and general conditions governing
the performance of the Ombudsman's duties."
- Paragraph 3 of Article 108 shall be replaced by the following:
"3. The European Parliament shall draw up proposals for elections by
direct universal suffrage in accordance with a uniform procedure in all
Member States.
The Council shall, acting unanimously after obtaining the assent of the
European Parliament, which shall act by a majority of its component
members, lay down the appropriate provisions, which it shall
recommend to Member States for adoption in accordance with their
respective constitutional requirements."
- The second subparagraph of Article 114 shall be supplemented by
the following sentence:
"In this case, the term of office of the members of the Commission
appointed to replace them shall expire on the date on which the term
of office of the members of the Commission obliged to resign as a
body would have expired."
- The following Articles shall be inserted:
"ARTICLE 116
The Council shall consist of a representative of each Member State at
ministerial level, authorized to commit the government of that Member
State.
The office of President shall be held in turn by each Member State in
the Council for a term of six months, in the following order of Member
States.
- for a first cycle of six years: Belgium, Denmark, Germany, Greece,
Spain, France, Ireland, Italy, Luxembourg, Netherlands, Portugal,
United Kingdom.
- for the following cycle of six years: Denmark, Belgium, Greece,
Germany, France, Spain, Italy, Ireland, Netherlands, Luxembourg,
United Kingdom, Portugal.
ARTICLE 117
The Council shall meet when convened by its President on his own
initiative or at the request of one of its members or of the
Commission."
- The following Article shall be inserted:
"ARTICLE 121
- 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 Council shall be assisted by a General Secretariat, under the
direction of a Secretary-General. The Secretary-General shall be
appointed by the Council acting unanimously.
The Council shall decide on the organization of the General
Secretariat.
- The Council shall adopt its rules of procedure."
- The following Article shall be inserted:
"ARTICLE 123
The Council shall, acting by a qualified majority, determine the
salaries, allowances and pensions of the President and members of
the Commission, and of the President, Judges, Advocates-General and
Registrar of the Court of Justice. It shall also, again by a qualified
majority, determine any payment to be made instead of remuneration."
- The following Articles shall be inserted;
"ARTICLE 125
The Commission shall publish annually, not later than one month
before the opening of the session of the European Parliament, a
general report on the activities of the Community.
ARTICLE 126
- The Commission shall consist of seventeen members, who shall be
chosen on the grounds of their general competence and whose
independence is beyond doubt.
The number of members of the Commission may be altered by the
Council, acting unanimously.
Only nationals of the Member States may be members of the
Commission.
The Commission must include at least one national of each of the
Member States, but may not include more than two members having
the nationality of the same State.
- The members of the Commission shall, in the general interest of the
Community, be completely independent in the performance of their
duties.
In the performance of these duties, they shall neither seek nor take
instructions from any government or from any other body. They shall
refrain from any action incompatible with their duties. Each Member
State undertakes to respect this principle and not to seek to influence
the members of the Commission in the performance of their tasks.
The members of the Commission may not, during their term of office,
engage in any other occupation, whether gainful or not. When entering
upon their duties they shall give a solemn undertaking that, both
during and after their term or office, they will respect the obligations
arising therefrom and in particular their duty to behave with integrity
and discretion as regards the acceptance after they have ceased to
hold office, of certain appointments or benefits. In the event of any
breach of these obligations arising therefrom and in particular their
duty to behave with integrity and discretion as regards the acceptance,
after they have ceased to hold office, of certain appointments or
benefits. In the event of any breach of these obligations, the Court of
Justice may, on application by the Council or the Commission, rule
that the member concerned be, according to the circumstances, either
compulsorily retired in accordance with Article 129 or deprived of his
right to a pension or other benefits in its stead.
ARTICLE 127
- The members of the Commission shall be appointed, in accordance
with the procedure referred to in paragraph 2, for a period of five
years, subject, if need be, to Article 114.
Their term of office shall be renewable.
- The governments of the Member States shall nominate by common
accord, after consulting the European Parliament, the person they
intend to appoint as President of the Commission.
The governments of the Member States shall, in consultation with the
nominee for President, nominate the other persons whom they intend
to appoint as members of the Commission.
The President and other members of the Commission thus nominated
shall be subject as a body to a vote of approval by the European
Parliament. After approval by the European Parliament, the President
and the other members of the Commission shall be appointed by
common accord of the governments of the Member States.
- Paragraphs 1 and 2 shall be applied for the first time to the
President and other members of the Commission whose term of office
begins on 7 January 1995.
The President and the other members of the Commission whose term
of office begins on 7 January 1993 shall be appointed by common
accord of the governments of the Member States. Their term of office
shall expire on 6 January 1995.
ARTICLE 128
Apart from normal replacement, or death, the duties of a member of the
Commission shall end when he resigns or is compulsorily retired.
The vacancy thus caused shall be filled for the remainder of the
member's term of office by a new member appointed by common
accord of the governments of the Member States. The Council may,
acting unanimously, decide that such a vacancy need not be filled.
In the event of resignation, compulsory retirement or death, the
President shall be replaced for the remainder of his term of office. The
procedure laid down in Article 127(2) shall be applicable for the
replacement of the President.
Save in the case of compulsory retirement under Article 129, members
of the Commission shall remain in office until they have been
replaced.
ARTICLE 129
If any member of the Commission no longer fulfills the conditions
required for the performance of his duties or if he has been guilty of
serious misconduct, the Court of Justice may, on application by the
Council or Commission, compulsorily retire him.
ARTICLE 130
The Commission may appoint a Vice-President or two Vice-Presidents
from among its members.
ARTICLE 131
The Council and the Commission shall consult each other and shall
settle by common accord their methods of co-operation.
The Commission shall adopt its rules of procedure so as to ensure
that both it and its departments operate in accordance with the
provisions of the Treaty. It shall ensure that these rules are published.
ARTICLE 132
The Commission shall act by a majority of the number of members
provided for in Article 126.
A meeting of the Commission shall be valid only if the number of
members laid down in its rules of procedure is present."
- Article 133 shall be repealed.
- Article 137 shall be replaced by the following:
"ARTICLE 137
The Court of Justice shall consist of thirteen Judges.
The Court of Justice shall sit in plenary session. It may, however, form
Chambers, each consisting of three or five Judges, either to undertake
certain preparatory inquiries or to adjudicate on particular categories
of cases in accordance with the rules laid down for these purposes.
The Court of Justice shall Sit in plenary session when a Member State
or a Community institution that is a party to the proceedings so
requests.
Should the Court of Justice so request, the Council may, acting
unanimously, increase the number of Judges and make the necessary
adjustments to the second and third paragraphs of this Article 139."
- Article 140a shall be replaced by the following:
"ARTICLE 140a
1. A Court of First Instance shall be attached to the Court of Justice
with jurisdiction to hear and determine at first instance, subject to a
right of appeal to the Court of Justice on points of law only and in
accordance with the conditions laid down by the Statute, certain
classes of action or proceeding defined in accordance with the
conditions laid down in paragraph 2. The Court of First Instance shall
not be competent to hear and determine questions referred for a
preliminary ruling under Article 150.
2. At the request of the Court of Justice and after consulting the
European Parliament and the Commission, the Council, acting
unanimously, shall determine the classes of action or proceeding
referred to in paragraph 1 and the composition of the Court of First
Instance and shall adopt the necessary adjustments and additional
provisions to the Statute of the Court of Justice. Unless the Council
decides otherwise, the provisions of this Treaty relating to the Court of
Justice, in particular the provisions of the Protocol on the Statute of the
Court of Justice, shall apply to the Court of the First Instance.
3. The members of the Court of First Instance shall be chosen from
persons whose independence is beyond doubt and who possess the
ability required for appointment to judicial office; they shall be
appointed by common accord of the governments of the Member
States for a term of six years. The membership shall be partially
renewed every three years. Retiring members shall be eligible for reappointment.
- The Court of First Instance shall establish its rules of procedure in
agreement with the Court of Justice. Those rules shall require the
unanimous approval of the Council."
- Article 143 shall be replaced by the following:
"ARTICLE 143
- If the Court of Justice finds that a Member State has failed to fulfil an
obligation under this Treaty, the State shall be required to take the
necessary measures to comply with the judgment of the Court of
Justice.
- If the Commission considers that the Member State concerned has
not taken such measures it shall, after giving that State the opportunity
to submit its observations, issue a reasoned opinion specifying the
points which the Member State concerned has not complied with the
judgment of the Court of Justice.
If the Member State concerned fails to take the necessary measures to
comply with the Court's judgment within the time-limit laid down by the
Commission, the latter may bring the case before the Court of Justice.
In so doing it shall specify the amount of the lump sum or penalty
payment to be paid by the Member State concerned which it considers
appropriate in the circumstances.
If the Court of Justice finds that the Member State concerned has not
complied with its judgment it may impose a lump sum or penalty
payment on it.
This procedure shall be without prejudice to Article 142."
- Article 146 shall be replaced by the following:
"ARTICLE 146
The Court of Justice shall review the legality of acts of the Council and
of the Commission, other than recommendations and opinions, and of
acts of the European Parliament intended to produce legal effects visa
-vis third parties.
It shall for this purpose have jurisdiction in actions brought by a
Member State, the Council or the Commission on grounds of lack of
competence, infringement of this Treaty or of any rule of law relating to
its application, or misuse of powers.
The Court shall have jurisdiction under the same conditions in actions
brought by the European Parliament for the purpose of protecting its
prerogatives.
Any natural or legal person may, under the same conditions, institute
proceedings against a decision addressed to that person or against a
decision which, although in the form of a regulation or a decision
addressed to another person, is of direct and individual concern to the
former.
The proceedings provided for in this Article shall be instituted within
two months of the publication of the measure, or of its notification to
the plaintiff, or, in the absence thereof, of the day on which it came to
the knowledge of the latter, as the case may be."
- The following Section shall be inserted;
"SECTION V
THE COURT OF AUDITORS
ARTICLE 160a
The Audit shall be carried out by the Court of ~Auditors.
ARTICLE 160b
1. The Court of Auditors shall consist of twelve members.
2. The members of the Court of Auditors shall be chosen from among
persons who belong or have belonged in their respective countries to
external audit bodies or who are especially qualified for this office.
Their independence must be beyond doubt.
3. The members of the Court of Auditors shall be appointed for a term
of six years by the Council, acting unanimously after consulting the
European Parliament.
However, when the first appointments are made, four members of the
Court of Auditors, chosen by lot, shall be appointed for a term of office
of four years only.
The members of the Court of Auditors shall be eligible for
reappointment.
They shall elect the President of the Court of Auditors from among their
number for a term of three years. The President may be re-elected.
4. The members of the Court of Auditors shall, in the general interest of
the Community, be completely independent in the performance of their
duties.
In the performance of these duties, they shall neither seek nor take
instructions from any government or from any other body. They shall
refrain from any action incompatible with their duties.
5. The members of the Court of Auditors may not, during their term of
office, engage in any other occupation, whether gainful or not. When
entering upon their duties they shall give a solemn undertaking that,
both during and after their term of office, they will respect the
obligations arising therefrom and in particular their duty to behave
with integrity and discretion as regards the acceptance, after they
have ceased to hold office, of certain appointments or benefits.
6. Apart from normal replacement, or death, the duties of a member of
the Court of Auditors shall end when he resigns, or is compulsorily
retired by a ruling of the Court of Justice pursuant to paragraph 7.
The vacancy thus caused shall be filled for the remainder of the
member's term of office.
Save in the case of compulsory retirement, members of the Court of
Auditors shall remain in office until they have been replaced.
7. A member of the Court of Auditors may be deprived of his office or of
his right to a pension or other benefits in its stead only if the Court of
Justice, at the request of the Court of Auditors, finds that he no longer
fulfills the requisite conditions or meets the obligations arising from
his office.
8. The Council, acting by a qualified majority, shall determine the
conditions of employment of the President and the members of the
Court of Auditors and in particular their salaries, allowances and
pensions. It shall also, by the same majority, determine any payment
to be made instead of remuneration.
9. The provisions of the Protocol on the Privileges and Immunities of
the European Communities applicable to the judges of the Court of
Justice shall also apply to the members of the Court of Auditors.
ARTICLE 160c
1. The Court of Auditors shall examine the accounts of all revenue and
expenditure of the Community. It shall also examine the accounts of
all revenue and expenditure of all bodies set up by the Community
insofar as the relevant constituent instrument does not preclude such
examination.
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.
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.
The audit of revenue shall be carried out on the basis of the amounts
established as due and the amounts actually paid to the Community.
The audit of expenditure shall be carried out on the basis both of
commitments undertaken and payments made.
These audits may be carried out before the closure of accounts for the
financial year in question.
3. The audit shall be based on records and, if necessary, performed
on the spot in the other institutions of the Community and in the
Member States. In the Member States the audit shall be carried out in
liaison with the national audit bodies or, if these do not have the
necessary powers, with the competent national departments. 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 and the national audit bodies
or, if these do not have the necessary powers, the competent national
department, shall forward to the Court of Auditors, at its request, any
document or information necessary to carry on its task.
4. The Court of Auditors shall draw up an annual report after the close
of each financial year. It shall be forwarded to the other institutions of
the Community and shall be published, together with the replies of
these institutions to the observations of the Court of Auditors, in the
Official Journal of the European Communities.
The Court of Auditors may also, at any time, submit observations,
particularly in the form of special reports, on specific questions and
deliver opinions at the request of one of the other institutions of the
Community.
It shall adopt its annual reports, special reports or opinions by a
majority of its members.
It shall assist the European Parliament and the Council in exercising
their powers of control over the implementation of the budget."
- Article 166 shall be replaced by the following:
"ARTICLE 166
The number of members of the Economic and Social Committee shall
be as follows:
Belgium 12
Denmark 9
Germany 24
Greece 12
Spain 21
France 24
Ireland 9
Italy 24
Luxembourg 6
Netherlands 12
Portugal 12
United Kingdom 24
The members of the Committee shall be appointed by the Council,
acting unanimously, for four years. Their appointment shall be
renewable.
The members of the Committee may not be bound by any mandatory
instructions. They shall be completely independent in the performance
of their duties, in the general interest of the Community.
The Council, acting by qualified majority, shall determine the
allowances of the members of the Committee."
168 shall be replaced by the following;
"ARTICLE 168
The Committee shall elect its chairman and officers from among its
members for a term of two years.
It shall adopt its rules of procedure.
The Committee shall be convened by its chairman at the request of the
Council or of the Commission. It may also meet on its own initiative."
- Article 170 shall be replaced by the following:
"ARTICLE 170
The Committee must be consulted by the Council or by the
Commission where this Treaty so provides. The Committee may be
consulted by these institutions in all cases in which they consider it
appropriate. It may issue an opinion on its own initiative in cases in
which it considers such action appropriate.
The Council or the Commission shall, if it considers it necessary, set
the Committee, for the submission of its opinion, a time limit which
may not be less than one month from the date on which the chairman
receives notification to this effect. Upon expiry of the time limit, the
absence of an opinion shall not prevent further action.
The opinion of the Committee and that of the specialized section,
together with a record of the proceedings, shall be forwarded to the
Council and to the Commission."
- Paragraphs 1 to 3 of Article 172 shall be repealed.
- Article 173 shall be replaced by the following:
"ARTICLE 173
Without prejudice to other revenue, the budget shall be financed
wholly from own resources.
The Council, acting unanimously on a proposal from the Commission
and after consulting the European Parliament, shall lay down
provisions relating to the system of own resources of the Community,
which it shall recommend to the Member States for adoption in
accordance with their respective constitutional requirements."
- The following Article shall be inserted:
"ARTICLE 173a
With a view to maintaining budgetary discipline, the Commission shall
not make any proposal for a Community act, or alter its proposals, or
adopt any implementing measure which is likely to have appreciable
implications for the budget without providing the assurance that that
proposal or that measure is capable of being financed within the limit
to the Community's own resources arising under provisions laid down
by the Council pursuant to Article 173."
- Article 179 shall be replaced by the following:
"ARTICLE 179
The Commission shall implement the budgets, 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.
The regulations shall lay down detailed rules for each institution
concerning its part in effecting its own expenditure.
Within the budgets, the Commission may, subject to the limits and
conditions laid down in the regulations made pursuant to Article 183,
transfer appropriations from one chapter to another or from on
subdivision to another."
- Articles 180 and 180a shall be repealed.
- Article 180b shall be replaced by the following:
"ARTICLE 180b
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
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, and any relevant special reports by the Court of Auditors.
2. Before giving a discharge to the Commission, or for any other
purpose in connection with the exercise of its powers over the
implementation of the budget, the European Parliament may ask to
hear the Commission give evidence with regard to the execution of
expenditure or the operation of financial control systems. The
Commission shall submit any necessary information to the European
Parliament at the latter's request.
3. The Commission shall take all appropriate steps to act on the
observations in the decisions giving discharge and on the other
observations by the European Parliament relating to the execution of
expenditure, as well as on comments accompanying the
recommendations on discharge adopted by the Council.
At the request of the European Parliament or the Council, the
Commission shall report on the measures taken in the light of these
observations and comments and in particular of the instructions given
to the departments which are responsible for the implementation of the
budgets. These reports shall also be forwarded to the Court of
Auditors."
- Article 183 shall be replaced by the following:
"ARTICLE 183
The Council, acting unanimously on a proposal from the Commission
and after consulting the European Parliament and obtaining the
opinion of the Court of Auditors, shall:
(a) make Financial Regulations specifying in particular the procedure
to be adopted for establishing and implementing the budget and for
presenting and auditing accounts;
(b) determine the methods and procedure whereby the budget revenue
provided under the arrangements relating to the Community's own
resources shall be made available to the Commission, and determine
the measures to be applied, if need be, to meet cash requirements;
(c) lay down rules concerning the responsibility of financial controllers,
authorizing officers and accounting officers, and concerning
appropriate arrangements for inspection."
- The following Article shall be inserted:
"ARTICLE 183a
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.
Without prejudice to other provisions of this Treaty, Member States
shall co-ordinate their actions aimed at protecting the financial
interests of the Community against fraud. To this end they shall
organize, with the help of the Commission, close and regular cooperation
between the competent departments of their
administrations."
- Article 198)a) shall be replaced by the following:
"(a) This Treaty shall not apply to the Faroe Islands."
- Article 201 shall be replaced by the following:
"ARTICLE 201
The Community shall establish close co-operation with the
Organization for Economic Co-operation and Development, the details
of which shall be determined by common accord."
- Articles 204 and 205 shall be repealed.
- Article 206 shall be replaced by the following:
"ARTICLE 206
The Community may conclude with one or more States or international
organizations agreements establishing an association involving
reciprocal rights and obligations, common action and special
procedures.
These agreements shall be concluded by the Council, acting
unanimously after consulting the European Parliament.
Where such agreements call for amendments to this Treaty, these
amendments shall first be adopted in accordance with the procedure
laid down in Article N of the Treaty on European Union."