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
TITLE6
PROVISIONS ON COOPERATION IN THE FIELDS OF JUSTICE AND
HOME AFFAIRS
ARTICLE K
Co-operation in the fields of justice and home affairs shall be
governed by the following provisions.
ARTICLE K.1
For the purposes of achieving the objectives of the Union, in particular
the free movement of persons, and without prejudice to the powers of
the European Community, Member States shall regard the following
areas as matters of common interest:
1. asylum policy;
2. rules governing the crossing by persons of the external borders of
the Member States and the exercise of controls thereon;
3. immigration policy and policy regarding nationals of third countries;
(a) conditions of entry and movement by nationals of third countries
on the territory of Member States;
(b) conditions of residence by nationals of third countries on the
territory of Member States, including family reunion and access to
employment;
(c) combatting unauthorized immigration, residence and work by
nationals of third countries on the territory of Member States;
4. combating drug addiction in so far as this is not covered by 7 to 9;
5. combating fraud on an international scale in so far as this is not
covered by 7 to 9;
6. judicial co-operation in civil matters;
7. judicial co-operation in criminal matters;
8. customs co-operation;
9. police co-operation for the purposes of preventing and combating
terrorism, unlawful drug trafficking and other serious forms of
international crime, including if necessary certain aspects of customs
co-operation, in connection with the organization of a Union-wide
system for exchanging information within a European Police Office
(Europol).
ARTICLE K.2
- The matters referred to in Article K.1 shall be dealt with in
compliance with the European Convention for the Protection of Human
Rights and Fundamental Freedoms of 4 November 1950 and the
Convention relating to the Status of Refugees of 28 July 1951 and
having regard to the protection afforded by Member States to persons
persecuted on political grounds.
- 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.
ARTICLE K.3
- In the areas referred to in Article K.1, 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.
- The Council may:
- on the initiative of any Member State or of the Commission, in the
areas referred to in Article K.1(1) to (6);
- on the initiative of any Member State, in the areas referred to Article
K1(7) to (9):
(a) adopt joint positions and promote, using the appropriate form and
procedures, any co-operation contributing to the pursuit of the
objectives of the Union;
(b) adopt joint action in so far as the objectives of the Union can be
attained better by joint action than by the Member States acting
individually on account of the scale or effects of the action envisaged;
it may decide that measures implementing joint action are to be
adopted by a qualified majority;
(c) without prejudice to Article 220 of the Treaty establishing the
European Community, draw up conventions which it shall recommend
to the Member States for adoption in accordance with their respective
constitutional requirements.
Unless otherwise provided by such conventions, measures
implementing them shall be adopted within the Council by a majority
of two-thirds of the High Contracting Parties.
Such conventions may stipulate that the Court of Justice shall have
jurisdiction to interpret their provisions and to rule on any disputes
regarding their application, in accordance with such arrangements as
they may lay down.
ARTICLE K.4
- A Co-ordinating Committee shall be set up consisting of senior
officials. In additions 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 Councils
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 and, in accordance
with the conditions laid down in Article 100d of the Treaty establishing
the European Community, in the areas referred to in Article 100c of that
Treaty.
- The Commission shall be fully associated with the work in the areas
referred to in this Title.
- The Council shall act unanimously, except on matters of procedure
and in cases where Article K.3 expressly provides for other voting
rules.
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 fifty-four votes in favour, cast
by at least eight members.
ARTICLE K.5
Within international organizations and at international conferences in
which they take part, Member States shall defend the common
positions adopted under the provisions of this Title.
ARTICLE K.6
The Presidency and the Commission shall regularly inform the
European Parliament of discussions in the areas covered by this Title.
The Presidency shall consult the European Parliament on the principal
aspects of activities in the areas referred to in this Title and shall
ensure that the views of the European Parliament are duly taken into
consideration.
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 implementation of the areas referred to in this Title.
ARTICLE K.7
The provisions of this Title shall not prevent the establishment or
development of closer co-operation between two or more Member
States in so far as such co-operation does not conflict with, or impede,
that provided for in this Title.
ARTICLE K.8
- The provisions referred to in Article 137,138,139 top 142, 146, 147,
150 to 153, 157 to 163 and 217 of the Treaty establishing the
European Community shall apply to the provisions relating to the
areas referred to in this Title.
- 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 European Communities.
The Council may also:
- either decide unanimously that operational expenditure to which the
implementation of those provisions gives rise is to be charged to the
budget of the European Communities; in that event, the budgetary
procedure laid down in the treaty establishing the European
Community shall be applicable;
- or determine that such expenditure shall be charged to the Member
States, where appropriate in accordance with a scale to be decided.
ARTICLE K.9
The Council, acting unanimously on the initiative of the Commission or
a Member State, may decide to apply Article 100c of the Treaty
establishing the European Community to action in areas referred to in
Article K.1(1) to (6), 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.