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Europaudvalget 2003-04
EUU Alm.del Bilag 1003
Offentligt

CONFERENCE

OF THE REPRESENTATIVES

OF THE GOVERNMENTS

OF THE MEMBER STATES

Brussels, 16 June 2004

CIG 81/04

PRESID 23

NOTE

from:

dated:

to:

Subject:

Presidency

16 June 2004

Delegations

IGC 2003

−

Meeting of Heads of State or Government, Brussels, 17/18 June 2004

Delegations will find attached a set of texts which the Presidency believes will find consensus

in the framework of the final overall agreement. These include texts submitted to Ministers in

document CIG 79/04 as well as some additional texts previously included in document

CIG 80/04. Where appropriate these have been amended to take into account the Ministerial

discussions on 14 June.

The Presidency is submitting a separate document containing proposals on outstanding issues

for discussion by Heads of State or Government.

The Presidency recalls that the basis on which this document is drafted is doc. CIG 50/03 plus

its addendums and corrigendums.

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CIG 81/04

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INDEX

Annex 1

Annex 2

Preamble....................................................................................................................... 5

The Union's values: Rights of persons belonging to minorities

Equality between women and men.............................................. 7

The Objectives of the Union ........................................................................................ 8

Equality of Member States before the Constitution ..................................................... 9

Primacy of Union law................................................................................................. 10

Principle of Participatory Democracy ........................................................................ 11

The Configurations of the Council of Ministers ........................................................ 12

Draft Decision of the European Council on the Exercise of the Presidency

of the Council of Ministers......................................................................................... 13

Technical adaptations to provisions of Part III on the European Commission .......... 15

Transitional provisions ............................................................................................... 17

The Minister for Foreign Affairs................................................................................ 18

European External Action Service ............................................................................. 19

Procedures for appointing the President of the Commission, the President of the

European Council and the Union Minister for Foreign Affairs ................................. 20

Budget Procedure ....................................................................................................... 21

Own Resources........................................................................................................... 24

Financial Framework (Part III): phasing in ................................................................ 25

Structural funds .......................................................................................................... 26

Prudential supervision of credit institutions and other financial

institutions by the European Central Bank................................................................. 27

Appointment of members of the Executive Board of the European Central Bank .... 28

"Lamfalussy Procedure"............................................................................................. 29

Simplified procedure for amending the Statute of

the European Investment Bank................................................................................... 30

Annex 3

Annex 4

Annex 5

Annex 6

Annex 7

Annex 8

Annex 9

Annex 10

Annex 11

Annex 12

Annex 13

Annex 14

Annex 15

Annex 16

Annex 17

Annex 18

Annex 19

Annex 20

Annex 21

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Annex 22

Annex 23

Annex 24

Annex 25

Annex 26

Annex 27

Provisions specific to Member States whose currency is the euro............................. 31

Judicial cooperation in criminal matters .................................................................... 33

European Public Prosecutor's Office.......................................................................... 36

Judicial cooperation in civil matters........................................................................... 37

Eurojust ...................................................................................................................... 38

Negotiation and conclusion of international agreements by Member States

relating to the area of Freedom, Security and Justice................................................. 39

European Court of Justice jurisdiction in CFSP......................................................... 40

Common security and defence policy ........................................................................ 41

Qualified Majority Voting in the field of CFSP......................................................... 46

Common Commercial Policy ..................................................................................... 47

Social clause and social dialogue ............................................................................... 49

Social Security............................................................................................................ 50

Social policy ............................................................................................................... 51

Taxation...................................................................................................................... 52

Economic, social and territorial cohesion .................................................................. 53

Transport .................................................................................................................... 54

Technological research and development .................................................................. 55

Energy ........................................................................................................................ 57

Public health ............................................................................................................... 59

Sport ........................................................................................................................... 61

Tourism ...................................................................................................................... 62

Overseas territories..................................................................................................... 63

Protocol on Denmark.................................................................................................. 64

Services of general interest......................................................................................... 69

Annex 28

Annex 29

Annex 30

Annex 31

Annex 32

Annex 33

Annex 34

Annex 35

Annex 36

Annex 37

Annex 38

Annex 39

Annex 40

Annex 41

Annex 42

Annex 43

Annex 44

Annex 45

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Annex 46

Annex 47

Annex 48

The small neighbouring States of the Union .............................................................. 70

Accession of the Union to the European Convention on Human Rights ................... 71

Provisions on the institutions and bodies of the Union for

Bulgaria and Romania ................................................................................................ 73

Protection and welfare of animals .............................................................................. 75

Capital and Payments ................................................................................................. 76

Restrictive Measures .................................................................................................. 77

Languages: Authentic texts and translations .............................................................. 78

Simplified procedure for revising the Constitution: Movement from

unanimity to a qualified majority and from the special legislative procedure

to the ordinary legislative procedure .......................................................................... 79

Simplified procedure for revising the Constitution: Amendment to

internal policies .......................................................................................................... 80

Enhanced Cooperation ............................................................................................... 81

Miscellaneous ............................................................................................................. 83

Declaration by Member States ................................................................................... 89

Annex 49

Annex 50

Annex 51

Annex 52

Annex 53

Annex 54

Annex 55

Annex 56

Annex 57

* * *

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ANNEX 1

PREAMBLE

HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE CZECH

REPUBLIC, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENT OF THE

FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE REPUBLIC OF

ESTONIA, THE PRESIDENT OF THE HELLENIC REPUBLIC, HIS MAJESTY THE

KING OF SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT

OF IRELAND, THE PRESIDENT OF THE ITALIAN REPUBLIC, THE PRESIDENT OF

THE REPUBLIC OF CYPRUS, THE PRESIDENT OF THE REPUBLIC OF LATVIA, THE

PRESIDENT OF THE REPUBLIC OF LITHUANIA, HIS ROYAL HIGHNESS THE

GRAND DUKE OF LUXEMBOURG, THE PARLIAMENT OF THE REPUBLIC OF

HUNGARY, THE PRESIDENT OF MALTA, HER MAJESTY THE QUEEN OF THE

NETHERLANDS, THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA, THE

PRESIDENT OF THE REPUBLIC OF POLAND, THE PRESIDENT OF THE

PORTUGUESE REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF SLOVENIA, THE

PRESIDENT OF THE SLOVAK REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF

FINLAND, THE GOVERNMENT OF THE KINGDOM OF SWEDEN, HER MAJESTY

THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN

IRELAND,

Drawing inspiration from the cultural, religious and humanist inheritance of Europe, from

which have developed the universal values of the inviolable and inalienable rights of the

human person, democracy, equality, freedom and the rule of law,

Believing that

Europe, reunited after bitter experiences,

intends to continue along the path of

civilisation, progress and prosperity, for the good of all its inhabitants, including the weakest and

most deprived; that it wishes to remain a continent open to culture, learning and social progress; and

that it wishes to deepen the democratic and transparent nature of its public life, and to strive for

peace, justice and solidarity throughout the world,

Convinced that, while remaining proud of their own national identities and history, the peoples of

Europe are determined to transcend their ancient divisions and, united ever more closely, to forge a

common destiny,

Convinced that, thus "united in its diversity", Europe offers them the best chance of pursuing, with

due regard for the rights of each individual and in awareness of their responsibilities towards future

generations and the Earth, the great venture which makes of it a special area of human hope,

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Determined to continue the work accomplished within the framework of the Treaties establishing

the European Communities and the Treaty on European Union, by ensuring the continuity of the

Community acquis,

Grateful to the members of the European Convention for having prepared the draft of this

Constitution on behalf of the citizens and States of Europe,

Have designated as their plenipotentiaries:

(list...)

Who, having exchanged their full powers, found in good and due form, have agreed as follows:

* * *

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ANNEX 2

THE UNION'S VALUES

RIGHTS OF PERSONS BELONGING TO

MINORITIES

EQUALITY BETWEEN WOMEN AND MEN

Article I-2

The Union is founded on the values of respect for human dignity, liberty, democracy, equality, the

rule of law and respect for human rights,

including the rights of persons belonging to minorities.

These values are common to the Member States in a society

in which

pluralism,

non-discrimination,

tolerance, justice, solidarity and

equality between women and men prevail.

Article III-2

In all the activities referred to in this Part, the Union shall aim to eliminate inequalities, and to

promote equality, between men and women.

Declaration for incorporation in the Final Act

re Article III-2

The Conference agrees that, in its general efforts to eliminate inequalities between men and

women, the Union will aim in its different policies to combat all kinds of domestic violence.

The Member States should take all necessary measures to prevent and punish these criminal

acts and to support and protect the victims.

CIG 81/04

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ANNEX 3

THE OBJECTIVES OF THE UNION

Article I-3 (3)

The Union shall work for sustainable development of Europe based on balanced economic

growth and

price stability,

a highly competitive social market economy, aiming at full employment

and social progress, and with a high level of protection and improvement of the quality of the

environment. It shall promote scientific and technological advance.

* * *

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ANNEX 4

EQUALITY OF MEMBER STATES

BEFORE THE CONSTITUTION

Article I-5

The Union shall respect the equality of Member States before the Constitution as well as

their

national identities, inherent in their fundamental structures, political and constitutional,

inclusive of regional and local self-government. It shall respect their essential State functions,

including ensuring the territorial integrity of the State, maintaining law and order and safeguarding

internal security.

Pursuant to the principle of loyal cooperation, the Union and the Member States shall, in full

mutual respect, assist each other in carrying out tasks which flow from the Constitution.

The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of

the obligations flowing from the Constitution or resulting from acts of the institutions of the Union.

The Member States shall facilitate the achievement of the Union's tasks and refrain from any

measure which could jeopardise the attainment of the Union's objectives.

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ANNEX 5

PRIMACY OF UNION LAW

Declaration for incorporation in the Final Act

re Article I-5a

The Conference notes that the provisions of Article I-5a reflect existing Court of Justice case

law.

CIG 81/04

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ANNEX 6

PRINCIPLE OF PARTICIPATORY DEMOCRACY

Article I-46 (4)

Not less than one million citizens coming from a significant number of Member States may

take the initiative of inviting the Commission, within the framework of its powers, to submit an

appropriate proposal on matters where citizens consider that a legal act of the Union is required for

the purpose of implementing the Constitution. A European law shall determine the provisions for

the procedures and conditions required for such a citizens' initiative,

including the minimum

number of Member States from which they must come.

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ANNEX 7

THE CONFIGURATIONS OF THE COUNCIL OF

MINISTERS

Article I-23

The Council shall meet in different configurations.

The General Affairs Council shall ensure consistency in the work of the different Council

configurations. It shall prepare and ensure

the

follow-up to meetings of the European Council,

in liaison

with the President of the European Council and

the Commission.

The Foreign Affairs Council shall elaborate the Union's external action on the basis of

strategic guidelines laid down by the European Council and ensure that

the Union's

action

consistent.

The European Council shall adopt

by a qualified majority

a European decision establishing

the list of other Council

configurations.

4bis. A Committee of Permanent Representatives of the Governments of the Member States

shall be responsible for the preparation of the work of the Council.

The Council shall meet in public when it deliberates and votes on a draft legislative act.

To this end, each Council meeting shall be divided into two parts, dealing respectively with

deliberations on Union legislative acts and non-legislative activities.

The Presidency of Council configurations, other than that of Foreign Affairs, shall be held by

Member State representatives in the Council on the basis of equal rotation,

in accordance with the

conditions established by a European decision of the European Council. The European

Council shall act by a qualified majority.

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ANNEX 8

DRAFT DECISION OF THE EUROPEAN COUNCIL ON THE EXERCISE

OF THE PRESIDENCY OF THE COUNCIL OF MINISTERS

Article 1

The Presidency of the Council, with the exception of the Foreign Affairs configuration, shall

be held by pre-established groups of three Member States for a period of 18 months. The

groups shall be made up on a basis of equal rotation among the Member States, taking into

account their diversity and geographical balance within the Union.

Each member of the group shall in turn chair for a six-month period all configurations of the

Council, with the exception of the Foreign Affairs configuration. The other members of the

group shall assist the Chair in all its responsibilities on the basis of a common programme.

Members of the team may decide alternative arrangements among themselves.

Article 2

The Committee of Permanent Representatives shall be chaired by a representative of the

member of the group chairing the General Affairs Council.

The Chair of the Political and Security Committee shall be held by a representative of the

Union Minister for Foreign Affairs.

The chair of the preparatory bodies of the Council configurations referred to in Article 1 shall

fall to the member of the group chairing the related configuration, unless decided otherwise in

accordance with the procedure laid down in Article 4.

Article 3

The General Affairs Council shall ensure consistency and continuity in the work of the

different Council configurations in the framework of multiannual programmes in cooperation

with the Commission. The Member States holding the Presidency shall take all necessary

measures for the organisation and smooth operation of the Council's work, with the assistance

of the General Secretariat of the Council.

The draft decision will be adopted on the day the Treaty enters into force.

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Article 4

The Council shall adopt a European decision establishing the measures for the

implementation of this decision.

Declaration for incorporation in the Final Act concerning the European Council decision on

the exercise of the Presidency of the Council of Ministers

The Conference declares that the European Council should begin preparing the European

decision establishing the procedures for implementing the decision on the exercise of the

Presidency of the Council as soon as the Treaty establishing a Constitution for Europe is

signed and should give its political approval within six months.

CIG 81/04

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ANNEX 9

TECHNICAL ADAPTATIONS TO PROVISIONS OF

PART III ON THE EUROPEAN COMMISSION

Article III-243

If a motion of censure on the activities of the Commission is tabled before it, the European

Parliament shall not vote thereon until at least three days after the motion has been tabled and only

by open vote.

If the motion of censure is carried by a two-thirds majority of the votes cast, representing a majority

of the Members of the European Parliament,

the Members of

the Commission shall resign

as a

body and the Union Minister for Foreign Affairs shall resign from the Commission. They

shall remain in office and

continue to deal with current business until

they are

replaced in

accordance with Articles I-25 and I-26. 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.

Subsection 4

The European Commission

Article III-250

(deleted)

Article III-251

The Members of the Commission

shall refrain from any action incompatible with their duties.

Member States shall respect their independence and shall not seek to influence them 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 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. In the event

of any breach of these obligations, the Court of Justice may, on application by the Council, acting

by a simple majority, or the Commission, rule that the person concerned be, according to the

circumstances, either compulsorily retired in accordance with Article III-253 or deprived of his or

her right to a pension or other benefits in its stead.

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Article III-252

Apart from normal replacement, or death, the duties of a

Member of the Commission

shall

end when he or she resigns or is compulsorily retired.

A vacancy caused by resignation, compulsory retirement or death shall be filled for the

remainder of the

Member's

term of office by a new

Member of the same nationality

appointed by

the

Council, with the agreement of the

President of the Commission,

after consulting the

European Parliament and

in accordance with

the criteria set out in

Article I-26(6),

first

subparagraph.

The Council may, acting unanimously on a proposal of the President of the Commission,

decide that such a vacancy needs not to be filled, in particular when the remainder of the

Member's term of office is short.

In the event of resignation, compulsory retirement or death, the President shall be replaced for

the remainder of his or her term of office, in accordance with Article I-26.

In the event of resignation, compulsory retirement or death, the Union Minister for

Foreign Affairs shall be replaced for the remainder of his or her term of office, in accordance

with Article I-27.

In the case of the resignation of all

the Members of the Commission,

they shall remain in

office

and continue to deal with current business

until they have been replaced, for the remainder

of their term of office, in accordance with Articles I-25 and I-26.

Article III-253

If any

Member of the Commission

no longer fulfils the conditions required for the performance of

his or her duties or if he or she has been guilty of serious misconduct, the Court of Justice may, on

application by the Council, acting by a simple majority, or by the Commission, compulsorily retire

him or her.

Article III-254

Without prejudice to Article I-27(4),

the responsibilities incumbent upon the Commission shall be

structured and allocated among its members by its President, in accordance with Article I-26(3).

The President may reshuffle the allocation of those responsibilities during the Commission's term of

office.

The Members of the Commission

shall carry out the duties devolved upon them by the

President under his or her authority.

Article III-255

The Commission shall act by a majority of

its Members.

The Rules of Procedure shall determine

the quorum.

* * *

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ANNEX 10

TRANSITIONAL PROVISIONS

Provisions to be inserted in the Protocol on the transitional provisions relating to the

institutions and bodies of the Union

TITLE 3

Provisions concerning the Commission, including the Union Minister for Foreign Affairs

Article 4

Provisions concerning the Commission

The Members of the Commission in office on the date of entry into force of the Treaty

establishing a Constitution for Europe shall remain in office until the end of their term of

office. However, on the day of the appointment of the Union Minister for Foreign Affairs, the

term of office of the Member having the same nationality as the Union Minister for Foreign

Affairs shall end.

TITLE 4

Provisions concerning the Secretary-General of the Council, High Representative for the

common foreign and security policy and the Deputy Secretary-General of the Council

Article 5

The terms of office of the Secretary-General of the Council, High Representative for the

common foreign and security policy and the Deputy Secretary-General of the Council shall

end on the date of entry into force of the Treaty establishing a Constitution for Europe. The

Council shall appoint a Secretary-General in conformity with Article III-247(2) of the

Constitution.

* * *

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ANNEX 11

THE MINISTER FOR FOREIGN AFFAIRS

Article I-27

The European Council, acting by a qualified majority, with the agreement of the President of

the Commission, shall appoint the Union Minister for Foreign Affairs. The European Council may

end his or her term of office by the same procedure.

The Union Minister for Foreign Affairs shall conduct the Union's common foreign and

security policy. He or she shall contribute by his or her proposals to the development of that policy,

which he or she shall carry out as mandated by the Council. The same shall apply to the common

security and defence policy.

The Union Minister for Foreign Affairs shall preside over the Foreign Affairs Council.

The Union Minister for Foreign Affairs shall be one of the Vice-Presidents of the

Commission. He or she shall

ensure the consistency of the Union's external action. He or she

shall

be responsible

within the Commission

for

responsibilities falling to it in

external relations

and for coordinating other aspects of the Union's external action. In exercising these

responsibilities within the Commission, and only for these responsibilities, the Union Minister for

Foreign Affairs shall be bound by Commission procedures

to the extent that this is consistent

with paragraphs 2 and 3.

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ANNEX 12

EUROPEAN EXTERNAL ACTION

SERVICE

Article III-197 (3)

In fulfilling his or her mandate, the Union Minister for Foreign Affairs shall be assisted by a

European External Action Service. This service shall work in cooperation with the diplomatic

services of the Member States

and shall comprise officials from relevant departments of the

General Secretariat of the Council and of the Commission as well as staff seconded from

national diplomatic services of the Member States. The organisation and functioning of the

European External Action Service shall be established by a European decision of the Council.

The Council shall act on a proposal from the Union Minister for Foreign Affairs after

consulting the European Parliament and after obtaining the consent of the Commission.

Declaration for incorporation in the Final Act

re Article III-197

The Conference declares that, as soon as the Treaty establishing a Constitution for Europe is

signed, the Secretary-General of the Council, High Representative for the common foreign

and security policy, the Commission and the Member States, should begin preparatory work

on the European External Action Service.

* * *

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ANNEX 13

PROCEDURES FOR APPOINTING THE PRESIDENT OF

THE COMMISSION, THE PRESIDENT OF THE

EUROPEAN COUNCIL AND

THE UNION MINISTER FOR FOREIGN AFFAIRS

Declaration for incorporation in the Final Act

re Article I-26

The Conference considers that, in accordance with the provisions of the Constitution, the

European Parliament and the European Council are jointly responsible for the smooth

running of the process leading to the election of the President of the European Commission.

Prior to the decision of the European Council, representatives of the European Parliament

and of the European Council will thus conduct the necessary consultations in the framework

deemed the most appropriate. In accordance with Article I-26(1), these consultations will

focus on the backgrounds of the candidates for President of the Commission, taking account

of the elections to the European Parliament, in accordance. The arrangements for such

consultations may be determined in due course by mutual agreement between the European

Parliament and the European Council.

Declaration for incorporation in the Final Act

re Articles I-21, I-26 and I-27

In choosing the persons called upon to hold the offices of President of the European Council,

President of the Commission and Union Minister for Foreign Affairs, due account is to be

taken of the need to respect the geographical and demographic diversity of the Union and its

Member States.

* * *

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ANNEX 14

BUDGET PROCEDURE

Article III-310

European laws shall establish the Union's annual budget in accordance with the following

provisions:

Each institution shall, before 1st July, draw up estimates of its expenditure

for the following

financial year.

The Commission shall consolidate these estimates in a draft budget which may

contain different estimates.

The draft budget shall contain an estimate of revenue and an estimate of expenditure.

The Commission shall submit a proposal containing the draft budget to the European

Parliament and to the Council not later than 1st September of the year preceding that in which the

budget is to be implemented.

The Commission may amend the draft budget during the procedure until such time as the

Conciliation Committee, referred to in paragraph 5 below, is convened.

The Council shall adopt its position on the draft budget and forward it to the

European Parliament not later than 1st October of the year preceding that in which the budget is to

be implemented. The Council of Ministers shall inform the European Parliament fully of the

reasons which led it to adopt its position.

(a)

If, within forty-two days of such communication, the European Parliament:

approves the position of the Council, the European law establishing the budget shall be

adopted;

has not taken a decision, the European law establishing the budget shall be deemed to

have been adopted;

adopts

amendments by a majority of its component members, the amended

draft

shall be

forwarded to the Council and to the Commission. The President of the European Parliament,

in agreement with the President of the Council, shall immediately convene a meeting of the

Conciliation Committee.

However,

if within ten days

of the draft being forwarded

the

Council

informs the

European Parliament that it has approved all its amendments, the

Conciliation Committee shall not meet.

(b)

(c)

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The Conciliation Committee, which shall be composed of the members of the Council or their

representatives and an equal number of members representing the European Parliament, shall have

the task of reaching agreement on a joint text, by a qualified majority of the members of the Council

or their representatives and by a majority of the representatives of the European Parliament within

twenty-one days of its being convened, on the basis of the positions of the European Parliament and

the Council.

The Commission shall take part in the Conciliation Committee's proceedings and shall take all the

necessary initiatives with a view to reconciling the positions of the European Parliament and the

Council.

If, within the twenty-one days referred to in paragraph 5, the Conciliation Committee

agrees

a joint text, the European Parliament and the Council shall each have a period of fourteen days

from

the date of that agreement

in which

to approve

the joint text.

(a)

If within the period of

fourteen

days referred to in paragraph

the European Parliament and the Council both approve the joint text or fail to take a

decision, or if one of these institutions approves the joint text while the other one fails to

take a decision, the European law establishing the budget shall be deemed to be

definitively adopted in accordance with the joint text, or

the European Parliament, acting by a majority of its members, and the Council both

reject the joint text, or if one of these institutions rejects the joint text while the other

one fails to take a decision, a new draft budget shall be submitted by the Commission, or

the European Parliament, acting by a majority of its members, rejects the joint text

while the Council approves it, a new draft budget shall be submitted by the Commission,

the European Parliament approves the joint text whilst the Council rejects it, the

Parliament may, within fourteen days from the date of the rejection by the Council and

acting by a majority of its members and three-fifths of the votes cast, decide to confirm

all or some of the amendments referred to in paragraph 4(c). Where a Parliament

amendment is not confirmed, the position agreed in the Conciliation committee on the

budget heading which is the subject of the amendment shall be retained. The European

law establishing the budget shall be deemed to be definitively adopted on this basis.

(b)

(c)

(d)

If, within the twenty-one days referred to in paragraph 5, the Conciliation Committee

does not agree on a joint text, a new draft budget shall be submitted by the Commission.

When the procedure provided for in this Article has been completed, the President of the

European Parliament shall declare that the European law establishing the budget has been

definitively adopted.

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10. Each institution shall exercise the powers conferred upon it under this Article in

compliance with the provisions of the Constitution and the acts adopted thereunder, with

particular regard to the Union's own resources and the balance between revenue and

expenditure.

* * *

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ANNEX 15

OWN RESOURCES

Article I-53

The Union shall provide itself with the means necessary to attain its objectives and carry

through its policies.

Without prejudice to other revenue, the Union's budget shall be financed wholly from its own

resources.

A European law of the Council shall lay down the

provisions relating to the system of

own

resources

of the Union; in this context it

may establish new categories of own resources or abolish

an existing category. The Council shall act unanimously after consulting the European Parliament.

That law shall not enter into force until it has been approved by the Member States in accordance

with their respective constitutional requirements.

A European law of the Council shall lay down

implementing measures of the Union's own

resources system in so far as this is provided for in the law adopted on the basis of

paragraph 3.

The Council shall act after obtaining the consent of the European Parliament.

* * *

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ANNEX 16

FINANCIAL FRAMEWORK (PART III):

PHASING IN

Declaration for incorporation in the Final Act

re Article III-308(4)

Article III-308(4) of the Constitution provides that where no European law of the Council

establishing a new financial framework has been adopted by the end of the previous financial

framework, the ceilings and other provisions corresponding to the last year of that framework

shall be extended until such time as that law is adopted.

The Conferences states that if no European law of the Council establishing a new financial

framework has been adopted by the end of 2006 and where the Act of Accession of

16 April 2003 provides for a phasing-in period for the allocation of appropriations to the new

Member States ending in 2006, the allocation of funds as from 2007 will be established on the

basis of the same criteria being applied for all Member States.

* * *

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ANNEX 17

STRUCTURAL FUNDS

Article III-119

Without prejudice to Article III-120, European laws shall define the tasks, the priority

objectives and the organisation of the Structural Funds – which may involve grouping the Funds –,

the general rules applicable to them and the provisions necessary to ensure their effectiveness and

the coordination of the Funds with one another and with the other existing financial instruments.

A Cohesion Fund set up by a European law shall provide a financial contribution to projects in the

fields of environment and trans-European networks in the area of transport infrastructure.

In all cases, such European laws shall be adopted after consultation of the Committee of the

Regions and the Economic and Social Committee.

The first provisions on the structural funds and the Cohesion Fund to be adopted

following those in force on the date on which the Treaty establishing a Constitution for

Europe is signed shall be established by a European law of the Council. The Council shall act

unanimously after obtaining the consent of the European Parliament.

* * *

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ANNEX 18

PRUDENTIAL SUPERVISION OF CREDIT

INSTITUTIONS AND OTHER FINANCIAL

INSTITUTIONS BY THE EUROPEAN CENTRAL BANK

Article III-77 (6)

European laws

of the Council

may confer upon the European Central Bank specific tasks

concerning policies relating to the prudential supervision of credit institutions and other financial

institutions with the exception of insurance undertakings.

The Council shall act unanimously

after

consulting the European Parliament and

the European Central Bank.

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ANNEX 19

APPOINTMENT OF MEMBERS OF THE EXECUTIVE

BOARD OF THE EUROPEAN CENTRAL BANK

Article III-289a

[unchanged]

(a)

The Executive Board shall comprise the President, the Vice-President and four other

members.

The President, the Vice-President and the other members of the Executive Board shall

be appointed

by the European Council, acting by a qualified majority,

from among

persons of recognised standing and professional experience in monetary or banking

matters, on a recommendation from the Council, after consulting the European

Parliament and the Governing Council of the European Central Bank.

Their term of office shall be eight years and shall not be renewable.

Only nationals of Member States may be members of the Executive Board.

(b)

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ANNEX 20

"LAMFALUSSY PROCEDURE"

Declaration for incorporation in the Final Act

re Article I-35

The Conference takes note of the Commission's intention to continue to consult experts

appointed by the Member States in the preparation of delegated European regulations in the

financial services area, in accordance with its established practice.

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ANNEX 21

SIMPLIFIED PROCEDURE FOR AMENDING

THE STATUTE OF

THE EUROPEAN INVESTMENT BANK

Article III-299

The European Investment Bank shall have legal personality.

Its members shall be the Member States.

The Statute of the Bank is laid down in a Protocol.

A European law of the Council may amend the Statute of the Bank. The Council shall act

unanimously,

either at the request of the Bank and after consulting the European Parliament and

the Commission, or on a proposal from the Commission and after consulting the

European

Parliament and

the Bank.

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ANNEX 22

PROVISIONS SPECIFIC TO MEMBER STATES

WHOSE CURRENCY IS THE EURO

Article III-88

In order to ensure the proper functioning of economic and monetary union, and in accordance

with the relevant provisions of the Constitution,

the Council shall, in accordance with the

relevant procedure from among those referred to in Articles III-71 and III-76, adopt

measures

specific to those Member States whose currency is the euro:

(a)

(b)

to strengthen the coordination of their budgetary discipline and surveillance of it;

to set out economic policy guidelines for them, while ensuring that they are compatible with

those adopted for the whole of the Union and are kept under surveillance.

[unchanged]

Article III-91 (2)

The following provisions of the Constitution shall not apply to Member States with a

derogation:

(a) – (h)

(i)

[unchanged]

European decisions establishing common positions on issues of particular relevance for

economic and monetary union within the competent international financial institutions

and conferences (Article III-90(1));

measures to ensure unified representation within the international financial institutions

and conferences (Article III-90(2)).

(j)

In the Articles referred to above, "Member States" shall therefore mean Member States whose

currency is the euro.

The issue of the modalities of admission to the Eurozone is covered in document CIG 82/04.

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Article III-91 (4)

The voting rights of members of the Council representing Member States with a derogation

shall be suspended for the adoption by the Council of the measures referred to in the Articles listed

in paragraph 2,

and in the following instances:

(a)

recommendations made to those Member States whose currency is the euro in the

framework of multilateral surveillance, including on stability programmes and warnings

(Article III-71(4));

measures relating to excessive deficits concerning those Member States whose currency

is the euro (Article III-76(6), (7), (8) and (11)).

[remainder of paragraph unchanged]

(b)

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ANNEX 23

JUDICIAL COOPERATION IN CRIMINAL MATTERS

Article III-158

The Union shall constitute an area of freedom, security and justice with respect for

fundamental rights

and the

different legal traditions and systems of the Member States.

(unchanged)

Article III-171

Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual

recognition of judgements and judicial decisions and shall include the approximation of the laws

and regulations of the Member States in the areas referred to in paragraph 2 and in Article III-172.

European laws or framework laws shall establish measures to:

(a)

establish rules and procedures to ensure the recognition throughout the Union of all forms of

judgments and judicial decisions;

prevent and settle conflicts of jurisdiction between Member States;

encourage the training of the judiciary and judicial staff;

facilitate cooperation between judicial or equivalent authorities of the Member States in

relation to proceedings in criminal matters and the enforcement of decisions.

(b)

(c)

(d)

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To the extent necessary

to facilitate mutual recognition of judgments and judicial decisions

and police and judicial cooperation in criminal matters having a cross-border dimension, European

framework laws may establish minimum rules.

Such rules shall take into account the differences

between the legal traditions and systems of the Member States.

They shall concern:

(a)

(b)

(c)

(d)

mutual admissibility of evidence between Member States;

the rights of individuals in criminal procedure;

the rights of victims of crime;

any other specific aspects of criminal procedure which the Council has identified in advance

by a European decision; for the adoption of this decision, the Council shall act unanimously

after obtaining the consent of the European Parliament.

Adoption of

the

minimum rules

referred to in this paragraph

shall not prevent Member States

from maintaining or introducing a higher level of protection

for individuals.

Where a member of the Council considers that a draft European framework law as

referred to in paragraph 2 would affect fundamental aspects of its criminal justice system, it

may request that the draft framework law be referred to the European Council. In this case,

the procedure referred to in Article III-302 shall be suspended. After discussion, the

European Council shall, within 4 months of this suspension, either:

(a)

refer the draft back to the Council, which shall terminate the suspension of the

procedure referred to in Article III-302, or

request the Commission or the group of Member States from which the draft

framework law emanates to submit a new draft; in that case, the act originally proposed

shall be deemed not to have been adopted.

(b)

If, by the end of the period referred to in paragraph 3, no action has been taken by the

European Council or if, within 12 months from the submission of a new draft under

paragraph 3b), the European framework law has not been adopted, and at least one third of

the Member States wish to establish enhanced cooperation on the basis of the draft

framework law concerned, they shall notify the European Parliament, the Council and the

Commission accordingly.

In such a case, the authorisation to proceed with enhanced cooperation referred to in

Articles I-43(2) and III-325(1) shall be deemed to be granted and the provisions on enhanced

cooperation shall apply.

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Article III-172

European framework laws may establish minimum rules concerning the definition of

criminal offences and sanctions in the areas of particularly serious crime with a cross-border

dimension resulting from the nature or impact of such offences or from a special need to combat

them on a common basis.

These areas of crime are the following: terrorism, trafficking in human beings and sexual

exploitation of women and children, illicit drug trafficking, illicit arms trafficking,

money-laundering, corruption, counterfeiting of means of payment, computer crime and

organised crime.

On the basis of developments in crime, the Council may adopt a European decision identifying

other areas of crime that meet the criteria specified in this paragraph. It shall act unanimously after

obtaining the consent of the European Parliament.

If the approximation of criminal legislation proves essential to ensure the effective

implementation of a Union policy in an area which has been subject to harmonisation measures,

European framework laws may establish minimum rules with regard to the definition of

criminal offences and sanctions in the area concerned.

Such framework laws

shall be adopted by

the same procedure as was followed for the adoption of the harmonisation measures in question,

without prejudice to Article III-165.

Where a member of the Council considers that a draft European framework law as

referred to in paragraph 1 or 2 would affect fundamental aspects of its criminal justice

system, it may request that the draft framework law be referred to the European Council. In

this case, where the procedure referred to in Article III-302 is applicable, it shall be

suspended. After discussion, the European Council shall, within 4 months of this suspension,

either:

(a)

refer the draft back to the Council, which shall terminate the suspension of the

procedure referred to in Article III-302 where it is applicable, or

request the Commission or the group of Member States from which the draft

framework law emanates to submit a new draft; in that case, the act originally proposed

shall be deemed not to have been adopted.

(b)

If, by the end of the period referred to in paragraph 3, no action has been taken by the

European Council or if, within 12 months from the submission of a new draft under

paragraph 3b), the European framework law has not been adopted, and at least one third of

the Member States wish to establish enhanced cooperation on the basis of the draft

framework law concerned, they shall notify the European Parliament, the Council and the

Commission accordingly.

In such a case, the authorisation to proceed with enhanced cooperation referred to in

Articles I-43(2) and III-325(1) shall be deemed to be granted and the provisions on enhanced

cooperation shall apply.

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ANNEX 24

EUROPEAN PUBLIC PROSECUTOR'S OFFICE

Article III-175

In order to combat crimes affecting the

financial

interests of the Union, a European law of the

Council may establish a European Public Prosecutor's Office from Eurojust. The Council shall act

unanimously after obtaining the consent of the European Parliament.

The European Public Prosecutor's Office shall be responsible for investigating, prosecuting

and bringing to judgment, where appropriate in liaison with Europol, the perpetrators of, and

accomplices in, offences against the Union's financial interests, as determined by the European law

provided for in paragraph 1. It shall exercise the functions of prosecutor in the competent courts of

the Member States in relation to such offences.

The European law referred to in paragraph 1 shall determine the general rules applicable to

the European Public Prosecutor's Office, the conditions governing the performance of its functions,

the rules of procedure applicable to its activities, as well as those governing the admissibility of

evidence, and the rules applicable to the judicial review of procedural measures taken by it in the

performance of its functions.

The European Council may, at the same time or subsequently, adopt a European

decision amending paragraph 1 in order to extend the powers of the European Public

Prosecutor's Office to include serious crime having a cross-border dimension and amending

accordingly paragraph 2 as regards the perpetrators of, and accomplices in, serious crimes

affecting more than one Member State. The European Council shall act unanimously after

obtaining the consent of the European Parliament and after consulting the Commission.

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ANNEX 25

JUDICIAL COOPERATION IN CIVIL MATTERS

Article III-170

The Union shall develop judicial cooperation in civil matters having cross-border

implications, based on the principle of mutual recognition of judgments and decisions in

extrajudicial cases. Such cooperation may include the adoption of measures for the approximation

of the laws and regulations of the Member States.

To this end, European laws or framework laws shall lay down measures,

particularly when

necessary for the proper functioning of the internal market,

aimed at ensuring:

(a)

the mutual recognition and enforcement between Member States of judgments and decisions

in extrajudicial cases;

the cross-border service of judicial and extrajudicial documents;

the compatibility of the rules applicable in the Member States concerning conflict of laws and

of jurisdiction;

cooperation in the taking of evidence;

effective

access to justice;

the elimination of obstacles to

the proper functioning of civil proceedings, if necessary by

promoting the compatibility of the rules on civil procedure applicable in the Member States;

the development of alternative methods of dispute settlement;

support for the training of the judiciary and judicial staff.

(b)

(c)

(d)

(e)

(f)

(g)

(h)

Notwithstanding paragraph 2, measures concerning family law with cross-border implications

shall be laid down in a European law or framework law of the Council. The Council shall act

unanimously after consulting the European Parliament.

The Council, on a proposal from the Commission, may adopt a European decision determining

those aspects of family law with cross-border implications which may be the subject of acts adopted

by the ordinary legislative procedure. The Council shall act unanimously after consulting the

European Parliament.

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ANNEX 26

EUROJUST

Article III-174 (2)

European laws shall determine Eurojust's structure, operation, field of action and tasks. Those

tasks may include:

(a)

the initiation

criminal investigations,

as well as proposing the initiation of

prosecutions,

conducted by competent national authorities, particularly those relating to offences against the

financial interests of the Union;

the coordination of investigations and prosecutions referred to in point (a);

the strengthening of judicial cooperation, including by resolution of conflicts of jurisdiction

and by close cooperation with the European Judicial Network.

(b)

(c)

European laws shall also determine arrangements for involving the European Parliament and

Member States' national Parliaments in the evaluation of Eurojust's activities.

Declaration for incorporation in the Final Act

re Article III-174 (2)

The Conference considers that the European laws referred to in Article III-174 (2) should

take into account national rules and practices relating to the initiation of criminal

investigations.

* * *

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ANNEX 27

NEGOTIATION AND CONCLUSION OF INTERNATIONAL

AGREEMENTS BY MEMBER STATES RELATING TO THE

AREA OF FREEDOM, SECURITY AND JUSTICE

Declaration for incorporation in the Final Act concerning the negotiation and conclusion

of international agreements by Member States relating to

the Area of Freedom, Security and Justice

The Conference confirms that Member States may negotiate and conclude agreement with

third countries or international organisations in the areas covered by Sections 3, 4 and 5 of

Chapter IV of Title III of Part III of the Treaty establishing a Constitution for Europe insofar

as such agreements comply with Union law.

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ANNEX 28

EUROPEAN COURT OF JUSTICE

JURISDICTION IN CFSP

Article III-282

The Court of Justice of the European Union shall not have jurisdiction with respect to Articles I-39

and I-40, the provisions of Chapter II of Title V concerning the common foreign and security policy

and Article III-194 in so far as it concerns the common foreign and security policy.

However, the Court shall have jurisdiction to monitor compliance with Article III-209 and to rule

on proceedings, brought in accordance with the conditions laid down in Article III-270(4),

reviewing the legality of European decisions providing for restrictive measures against natural or

legal persons, adopted by the Council on the basis of Chapter II of Title V.

* * *

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ANNEX 29

COMMON SECURITY AND DEFENCE POLICY

Article III-211 (2)

Member States participating in the task shall keep the Council regularly informed of its

progress on their own initiative or at the request of another Member State. Those States shall

inform the Council immediately

should the completion of the task produce major consequences or

require amendment of the objective, scope and conditions for the task determined in the European

decisions referred to in paragraph 1. In such cases, the Council shall adopt the necessary European

decisions.

Permanent structured cooperation

Article I-40 (6)

Those Member States whose military capabilities fulfil higher criteria and which have made more

binding commitments in this area with a view to the most demanding missions shall establish

permanent

structured cooperation within the Union framework. Such cooperation shall be

governed by Article III-213.

It shall not affect the provisions of Article III-210.

Article III-213

Those Member States which wish to participate in the permanent structured

cooperation defined in Article I-40(6), which fulfil the criteria and have made the

commitments on military capabilities set out in the Protocol on permanent structured

cooperation shall notify their intention to the Council and to the Union Minister for Foreign

Affairs.

Within three months following such notification, the Council shall adopt a European

decision establishing permanent structured cooperation and determining the list of

participating Member States. The Council shall act by a qualified majority after consulting

the Union Minister for Foreign Affairs.

Any Member State which, at a later stage, wishes to participate in the permanent

structured cooperation shall notify its intention to the Council and to the Union Minister for

Foreign Affairs.

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The Council shall adopt a European decision confirming the participation of the Member

State concerned which fulfils the criteria and makes the commitments referred to in Articles 1

and 2 of the Protocol referred to in paragraph 1. The Council shall act by a qualified majority

after consulting the Union Minister for Foreign Affairs. Only members of the Council

representing the participating Member States shall take part in the vote. A qualified majority

shall be defined as a majority of the members of the Council representing the participating

Member States, comprising at least three fifths of the population of those Member States.

If a participating Member State no longer fulfils the criteria or is no longer able to meet

the commitments, referred to in Articles 1 and 2 of the Protocol mentioned in paragraph 1,

the Council may adopt a European decision suspending the participation of the Member State

concerned.

The Council shall act by a qualified majority. Only members of the Council representing the

participating Member States, with the exception of the Member State in question, shall take

part in the vote. A qualified majority shall be defined as a majority of the members of the

Council representing the participating Member States, with the exception of the Member

State in question, comprising at least three fifths of the population of those Member States.

Any participating Member State which wishes to withdraw from permanent structured

cooperation shall notify its intention to the Council, which shall take note that the Member

State in question has ceased to participate.

The European decisions and recommendations by the Council adopted within the

framework of structured cooperation, other than those provided for in paragraphs 2 to 5,

shall be adopted by unanimity. For the purposes of this paragraph, unanimity shall be

constituted by the votes of the representatives of the participating Member States only.

The drafting of this sentence will have to be adapted in the light of the final drafting of

Article I-24 on the definition of qualified majority.

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Closer cooperation on mutual defence

Article I-40 (7)

If a

Member State is the victim of armed aggression on its territory, the other Member States

shall

have towards it an obligation of

aid and assistance by all the means in their power, in accordance

with Article 51 of the United Nations Charter.

This shall not prejudice the specific character of

the security and defence policy of certain Member States.

Commitments and cooperation in this area shall be consistent with commitments

under NATO, which, for those States which are members of it, remains the foundation of

their collective defence and the forum for its implementation.

Article III-214

(deleted)

Protocol on permanent structured cooperation

established by Articles I-40(6) and III-213 of the Constitution

THE HIGH CONTRACTING PARTIES,

Having regard to Articles I-40(6) and III-213 of the Constitution,

RECALLING that the Union is pursuing a common foreign and security policy based on the

achievement of growing convergence of action by Member States.

RECALLING that the common security and defence policy is an integral part of the common

foreign and security policy; that it provides the Union with operational capacity drawing on

civil and military assets; that the Union may use such assets on missions referred to in Article

III-210 outside the Union for peace-keeping, conflict prevention and strengthening

international security in accordance with the principles of the United Nations Charter; that

the performance of these tasks is to be undertaken using capabilities provided by the Member

States in accordance with the principle of a single set of forces;

RECALLING that the common security and defence policy of the Union does not prejudice

the specific character of the security and defence policy of certain Member States;

RECALLING that the common security and defence policy of the Union respects the

obligations under the North Atlantic Treaty of those Member States, which see their common

defence realised in the North Atlantic Treaty Organisation, which remains the foundation of

the collective defence of its members, and is compatible with the common security and defence

policy established within that framework;

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CONVINCED that a more assertive Union role in security and defence matters will

contribute to the vitality of a renewed Atlantic Alliance, in accordance with the Berlin Plus

arrangements;

DETERMINED to ensure that the Union is capable of fully assuming its responsibilities

within the international community;

RECOGNISING that the United Nations Organisation may request the Union's assistance for

the urgent implementation of missions undertaken under Chapters VI and VII of the United

Nations Charter;

RECOGNISING that the strengthening of the security and defence policy will require efforts

by Member States in the area of capabilities;

CONSCIOUS that embarking on a new stage in the development of the European security

and defence policy involves a determined effort by the Member States concerned;

RECALLING the importance of the Minister for Foreign Affairs being fully involved in

proceedings relating to permanent structured cooperation;

HAVE AGREED UPON the following provisions, which shall be annexed to the Constitution:

Article 1

The permanent structured cooperation referred to in Article I-40(6) of the Constitution shall

be open to any Member State which undertakes, from the date of entry into force of the

Treaty establishing a Constitution for Europe, to:

(a)

proceed more intensively to develop its defence capacities through the development of its

national contributions and participation, where appropriate, in multinational forces, in

the main European equipment programmes, and in the activity of the European agency

in the field of defence capabilities development, research, acquisition and armaments

(hereinafter referred to as the "Agency"), and

have the capacity to supply by 2007 at the latest, either at national level or as a

component of multinational force groups, targeted combat units for the missions

planned, structured at a tactical level as combat formations, with support elements

including transport and logistics, capable of carrying out the tasks referred in

Article III-210, within a period of 5 to 30 days, in particular in response to requests from

the United Nations Organisation, and which can be sustained for an initial period of

30 days and be extended up to at least 120 days.

(b)

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Article 2

To achieve the objectives laid down in Article 1, Member States participating in permanent

structured cooperation shall undertake to:

(a)

cooperate, as from the entry into force of the Treaty establishing a Constitution for

Europe, with a view to achieving approved objectives concerning the level of investment

expenditure on defence equipment, and regularly review these objectives in the light of

the security environment and of the Union's international responsibilities;

bring their defence apparatus into line with each other as far as possible, particularly by

harmonising the identification of their military needs, by pooling and, where

appropriate, specialising their defence means and capabilities, and by encouraging

cooperation in the fields of training and logistics;

take concrete measures to enhance the availability, interoperability, flexibility and

deployability of their forces, in particular by identifying common objectives regarding

the commitment of forces, including possibly reviewing their national decision-making

procedures;

work together to ensure that they take the necessary measures to make good, including

through multinational approaches, and without prejudice to undertakings in this regard

within NATO, the shortfalls perceived in the framework of the "Capability

Development Mechanism;

take part, where appropriate, in the development of major joint or European

equipment programmes in the framework of the Agency.

(b)

(c)

(d)

(e)

Article 3

The Agency shall contribute to the regular assessment of participating Member States'

contributions with regard to capabilities, in particular contributions made in accordance with

the criteria to be established

inter alia

on the basis of Article 2, and shall report thereon at

least once a year. The assessment may serve as a basis for Council recommendations, and

decisions adopted in accordance with Article III-213 of the Constitution.

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ANNEX 30

QUALIFIED MAJORITY VOTING IN THE FIELD

OF THE COMMON FOREIGN AND SECURITY POLICY

Article III-201 (2)

(a)

By way of derogation from paragraph 1, the Council shall act by a qualified majority:

when adopting European decisions defining a Union action or position on the basis of a

European decision of the European Council relating to the Union's strategic interests and

objectives, as referred to in Article III-194(1);

when adopting a European decision defining a Union action or position, on a proposal which

the Union Minister for Foreign Affairs has presented following a specific request to him or

her from the European Council, made on its own initiative or that of the Minister;

when adopting a European decision implementing a European decision defining a Union

action or position;

when adopting a European decision concerning the appointment of a special representative in

accordance with Article III-203.

(b)

(c)

(d)

If a member of the Council declares that, for vital and stated reasons of national policy, it intends to

oppose the adoption of a European decision to be adopted by qualified majority, a vote shall not be

taken. The Union Minister for Foreign Affairs will, in close consultation with the Member State

involved, search for a solution acceptable to it. If he or she does not succeed, the Council may,

acting by a qualified majority, request that the matter be referred to the European Council for a

European decision by unanimity.

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ANNEX 31

COMMON COMMERCIAL POLICY

Article III-217 (7)

The common commercial policy shall be based on uniform principles, particularly with

regard to changes in tariff rates, the conclusion of tariff and trade agreements relating to trade in

goods and services and the commercial aspects of intellectual property, foreign direct

investment, the achievement of uniformity in measures of liberalisation, export policy and

measures to protect trade such as those to be taken in the event of dumping or subsidies. The

common commercial policy shall be conducted in the context of the principles and objectives of

the Union's external action.

European laws shall establish the measures

defining the framework for implementing

the common commercial policy.

Where agreements with one or more States or international organisations need to be

negotiated and concluded, the provisions of Article III-227 shall apply subject to the special

provisions of this Article.

The Commission shall make recommendations to the Council of Ministers, which shall authorise

the Commission to open the necessary negotiations. The Council and the Commission shall be

responsible for ensuring that the agreements negotiated are compatible with internal Union policies

and rules.

The Commission shall conduct these negotiations in consultation with a special committee

appointed by the Council to assist the Commission in this task and within the framework of such

directives as the Council may issue to it. The Commission shall report regularly to the special

committee and to the European Parliament on the progress of negotiations.

For the negotiation and conclusion of the agreements referred to in paragraph 3, the Council

shall act by a qualified majority.

For the negotiation and conclusion of agreements in the fields of trade in services involving the

movement of persons and the commercial aspects of intellectual property,

as well as foreign direct

investment,

the Council shall act unanimously where such agreements include provisions for

which unanimity is required for the adoption of internal rules.

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The Council shall also act unanimously for the negotiation and conclusion of agreements:

(a)

in the field of trade in cultural and audiovisual services, where these risk prejudicing the

Union's cultural and linguistic diversity;

in the field of trade in social, education and health services, where these risk seriously

disturbing the national organisation of such services and prejudicing the responsibility

of Member States to deliver them.

(b)

The negotiation and conclusion of international agreements in the field of transport shall be

subject to the provisions of Section 7 of Chapter III of Title III and Article III-227.

The exercise of the competences conferred by this Article in the field of commercial policy

shall not affect the delimitation of competences between the Union and the Member States, and

shall not lead to harmonisation of legislative or regulatory provisions of Member States insofar as

the Constitution excludes such harmonisation.

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ANNEX 32

SOCIAL CLAUSE AND

SOCIAL DIALOGUE

Article III-2a (new)

In defining and implementing the policies and actions referred to in this Part, the Union shall

take into account requirements linked to the promotion of a high level of employment, the

guarantee of adequate social protection, the fight against social exclusion, and a high level of

education, training and protection of human health.

Article I-47

The European Union recognises and promotes the role of the social partners at Union level, taking

into account the diversity of national systems; it shall facilitate dialogue between the social partners,

respecting their autonomy.

The Tripartite Social Summit for Growth and Employment shall

contribute to social dialogue.

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ANNEX 33

SOCIAL SECURITY

Article III-21

In the field of social security, European laws or framework laws shall establish such measures

as are necessary to bring about freedom of movement for workers by introducing a system to secure

for employed and self-employed migrant workers and their dependants:

(a)

aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating

the amount of benefit, of all periods taken into account under the laws of the several

countries;

payment of benefits to persons resident in the territories of Member States.

(b)

Where a member of the Council considers that a draft European law or framework law

referred to in paragraph 1 would affect fundamental aspects of its social security system,

including its scope, cost or financial structure, or would affect the financial balance of that

system, it may request that the matter be referred to the European Council. In that case, the

procedure referred to in Article III-302 shall be suspended. After discussion, the European

Council shall, within 4 months of this suspension, either:

(a)

refer the draft back to the Council, which shall terminate the suspension of the

procedure referred to in Article III-302, or

request the Commission to submit a new draft; in that case, the act originally proposed

shall be deemed not to have been adopted.

(b)

Declaration for incorporation in the Final Act

re Article III-21 and Article III-168

The Conference considers that in the event that a draft European law or framework law

based on Article III-168 paragraph 2 would affect fundamental aspects of the social security

system of a Member State, including its scope, cost or financial structure, or would affect the

financial balance of that system as set out in Article III-21 paragraph 2, the interests of that

Member State will be duly taken into account.

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ANNEX 34

SOCIAL POLICY

Declaration for incorporation in the Final Act

re Article III-107

The Conference confirms that the policies described in Article III-107 fall essentially within

the competence of the Member States. Measures to provide encouragement and promote

coordination to be taken at Union level in accordance with this Article shall be of a

complementary nature. They shall serve to strengthen cooperation between Member States

and not to harmonise national systems. The guarantees and practices existing in each

Member State as regards the responsibility of the social partners will not be affected.

This Declaration is without prejudice to the provisions of the Constitution conferring

competence on the Union, including in social matters.

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ANNEX 35

TAXATION

Article III-62 (2)

Where the Council, acting unanimously on a proposal from the Commission, finds that the

measures referred to in paragraph 1 relate to administrative cooperation or combating tax fraud and

tax evasion

and that they do not affect the fiscal regimes of the Member States,

it shall act,

way of derogation from

paragraph 1, by a qualified majority, when adopting a European law or

framework law laying down those measures.

Article III-63

Where the Council, acting unanimously on a proposal from the Commission, finds that measures on

company taxation relate to administrative cooperation or combating tax fraud and tax evasion, it

shall adopt, by a qualified majority, a European law or framework law laying down these measures,

provided that they are necessary for the establishment or functioning of the internal market and to

avoid distortion of competition.

That law or framework law shall be adopted after consultation of the European Parliament and the

Economic and Social Committee.

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ANNEX 36

ECONOMIC, SOCIAL AND TERRITORIAL COHESION

Article III-116

In order to promote its overall harmonious development, the Union shall develop and pursue its

action leading to the strengthening of its economic, social and territorial cohesion.

In particular, the Union shall aim at reducing disparities between the levels of development of the

various regions and the backwardness of the least favoured regions.

Among the regions concerned, particular attention shall be paid to rural areas, areas affected

by industrial transition, and areas which suffer from severe and permanent natural or

demographic handicaps such as the northernmost regions with very low population density,

and island, cross-border and mountain areas.

Declaration for incorporation in the Final Act

re Article III-116

The Conference considers that the reference in Article III-116 to island areas can include

island states in their entirety, subject to the necessary criteria being met.

Article III-56 (3) (a)

(a)

The following may be considered to be compatible with the internal market:

aid to promote the economic development of areas where the standard of living is abnormally

low or where there is serious underemployment,

and of the regions referred to in

Article III-330, in view of their structural, economic and social situation.

Declaration for incorporation in the Final Act

re Article III-56 (2) (c)

The Conference notes that the provisions of Article III-56(2)(c) shall be interpreted in

accordance with the existing case law of the Court of Justice regarding the applicability of the

provisions to aid granted to certain areas of the Federal Republic of Germany affected by the

former division of Germany.

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ANNEX 37

TRANSPORT

Article III-134

(new paragraph 3)

When the European law or framework laws referred to in paragraph 2 are adopted,

account shall be taken of cases where their application might seriously affect the standard of

living and level of employment in certain regions, and the operation of transport facilities.

Declaration for incorporation in the Final Act

re Article III-141

The Conference notes that the provisions of Article III-141 shall be applied in accordance

with the current practice. The term "the measures that are required in order to compensate

for the economic disadvantages caused by the division of Germany to the economy of certain

areas of the Federal Republic affected by that division" shall be interpreted in accordance

with the existing case law of the Court of Justice.

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ANNEX 38

TECHNOLOGICAL RESEARCH AND DEVELOPMENT

Article III-146 (1)

The Union's action shall aim to strengthen

its

scientific and technological bases, by

achieving

a European research area in which researchers, scientific knowledge and technology circulate

freely,

and encourage it to become more competitive,

including in its industry,

while promoting

all the research activities deemed necessary by virtue of other Chapters of the Constitution.

Declaration for incorporation in the Final Act

re Article III-146

The Conference agrees that the Union's action in the area of research and technological

development will pay due respect to the fundamental orientations and choices of the research

policies of the Member States.

Article III-149

A multiannual framework programme, setting out all the activities

financed by

the Union,

shall be enacted by European laws. Such laws shall be adopted after consultation of the Economic

and Social Committee.

The framework programme shall:

(a)

establish the scientific and technological objectives to be achieved by the activities provided

for in Article III-147 and lay down the relevant priorities;

indicate the broad lines of such activities;

lay down the maximum overall amount and the detailed rules for the Union's financial

participation in the framework programme and the respective shares in each of the activities

provided for.

(unchanged)

(b)

(c)

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A European law of the Council shall establish

specific programmes

to implement the

framework programme

within each activity. Each specific programme shall define the detailed

rules for implementing it, fix its duration and provide for the means deemed necessary. The sum of

the amounts deemed necessary, fixed in the specific programmes, may not exceed the overall

maximum amount fixed for the framework programme and each activity.

Such a law shall be

adopted after consulting the European Parliament and the Economic and Social Committee.

As a complement to the activities planned in the multiannual framework programme, a

European law shall establish the measures necessary for the implementation of the European

research area. Such a law shall be adopted after consulting the Economic and Social

Committee.

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ANNEX 39

ENERGY

Article I-13: Areas of shared competence

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

Shared competence applies in the following principal areas:

internal market,

social policy, for aspects defined in Part III,

economic, social and territorial cohesion,

agriculture and fisheries, excluding the conservation of marine biological resources,

environment,

consumer protection,

transport,

trans-European networks,

energy,

area of freedom, security and justice,

common safety concerns in public health matters, for aspects defined in Part III.

Article III-157

In establishing an internal market and with regard for the need to preserve and improve the

environment, Union policy on energy shall aim to:

(a)

(b)

ensure the functioning of the energy market,

ensure security of energy supply in the Union, and

energy.

Without prejudice to the application of other provisions of the Constitution,

the

objectives of paragraph 1 shall be

achieved by measures

enacted in European laws or framework

laws. Such laws or framework laws shall be adopted after consultation of the Committee of the

Regions and the Economic and Social Committee.

Such laws or framework laws shall not affect a Member State's

right to determine the conditions

for exploiting its energy resources,

its choice between different energy sources and the general

structure of its energy supply, without prejudice to Article III-130(2)(c).

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Declaration for incorporation in the Final Act

re Article III-157

The Conference believes that Article III-157 does not affect the right of the Member States to

take the necessary measures to ensure their energy supply under the conditions provided for

in Article III-16.

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ANNEX 40

PUBLIC HEALTH

Article III-179

A high level of human health protection shall be ensured in the definition and implementation

of all the Union's policies and activities.

Action by the Union, which shall complement national policies, shall be directed towards

improving public health, preventing human illness and diseases, and obviating sources of danger to

physical and mental health. Such action shall cover:

(a)

the fight against the major health scourges, by promoting research into their causes, their

transmission and their prevention, as well as health information and education;

monitoring, early warning of and combating serious cross-border threats to health.

(b)

The Union shall complement the Member States' action in reducing drugs-related health damage,

including information and prevention.

The Union shall encourage cooperation between the Member States in the areas referred to in

this Article and, if necessary, lend support to their action.

It shall in particular encourage

cooperation between the Member States to improve the complementarity of their health

services in cross-border areas.

Member States shall, in liaison with the Commission, coordinate among themselves their policies

and programmes in the areas referred to in paragraph 1. The Commission may, in close contact

with the Member States, take any useful initiative to promote such coordination, in particular

initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of

best practice, and the preparation of the necessary elements for periodic monitoring and evaluation.

The European Parliament shall be kept fully informed.

The Union and the Member States shall foster cooperation with third countries and the

competent international organisations in the sphere of public health.

By way of derogation from Article I-11(5) and Article I-16(a) and in accordance with

Article I-13(2)(k), European laws or framework laws shall contribute to the achievement of the

objectives referred to in this Article by establishing the following measures in order to meet

common safety concerns:

(a)

measures setting high standards of quality and safety of organs and substances of human

origin, blood and blood derivatives; these measures shall not prevent any Member State from

maintaining or introducing more stringent protective measures;

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(b)

measures in the veterinary and phytosanitary fields which have as their direct objective the

protection of public health;

measures setting high standards of quality and safety for medical products and devices

for medical use;

measures concerning monitoring, early warning of and combating serious cross-border

threats to health.

(c)

(d)

European laws or framework laws shall be adopted after consultation of the Committee of the

Regions and the Economic and Social Committee.

European laws or framework laws may also establish incentive measures designed to protect

and improve human health and in particular to combat the major cross-border health scourges,

well as measures which have as their direct objective the protection of public health regarding

tobacco and the abuse of alcohol,

excluding any harmonisation of the laws and regulations of the

Member States.

They

shall be adopted after consultation of the Committee of the Regions and the

Economic and Social Committee.

(unchanged)

Union action shall respect the responsibilities of the Member States

for the definition of

their health policy and

for the organisation and delivery of health services and medical care.

The

responsibilities of the Member States shall include the management of health services and

medical care and the allocation of the resources assigned to them.

Measures referred to in

paragraph 4(a) shall not affect national provisions on the donation or medical use of organs and

blood.

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ANNEX 41

SPORT

Article III-182

The Union shall contribute to the development of quality education by encouraging

cooperation between Member States and, if necessary, by supporting and complementing their

action. It shall fully respect the responsibility of the Member States for the content of teaching and

the organisation of education systems and their cultural and linguistic diversity.

The Union shall contribute to the promotion of European sporting issues,

while taking account of

its specific nature, its structures based on voluntary activity and its social and educational

function.

(a)

Union action shall be aimed at:

developing the European dimension in education, particularly through the teaching and

dissemination of the languages of the Member States;

encouraging mobility of students and teachers, inter alia by encouraging the academic

recognition of diplomas and periods of study;

promoting cooperation between educational establishments;

developing exchanges of information and experience on issues common to the education

systems of the Member States;

encouraging the development of youth exchanges and of exchanges of socio-educational

instructors and encouraging the participation of young people in democratic life in Europe;

encouraging the development of distance education;

developing the European dimension in sport, by promoting fairness

and openness

sporting

competitions and cooperation between bodies

responsible for sports,

and by protecting the

physical and moral integrity of sportsmen and sportswomen, especially young sportsmen and

sportswomen.

(b)

(c)

(d)

(e)

(f)

(g)

The Union and the Member States shall foster cooperation with third countries and the

competent international organisations in the field of education

and sport,

in particular the Council

of Europe.

(unchanged)

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ANNEX 42

TOURISM

Article I-16

The Union shall have competence to carry out supporting, coordinating or complementary action.

Such action shall, at European level, be:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

protection and improvement of human health;

industry;

culture;

tourism;

education, youth, sport and vocational training;

civil protection.

administrative cooperation.

SECTION 3A (new)

TOURISM

Article III-181a

(new)

The Union shall complement the action of the Member States in the tourism sector, in

particular by promoting the competitiveness of Union undertakings in that sector.

(a)

To that end, Union action shall be aimed at:

encouraging the creation of a favourable environment for the development of

undertakings in this sector;

promoting cooperation between the Member States, particularly by the exchange of

good practice;

(b)

A European law or framework law shall establish specific measures to complement

actions within the Member States to achieve the objectives referred to in this Article,

excluding any harmonisation of the laws and regulations of the Member States.

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ANNEX 43

OVERSEAS TERRITORIES

Article IV-4, new (7)

The European Council may, on the initiative of the Member State concerned, adopt a

European decision amending the status, with regard to the Union, of a French, Netherlands or

Danish country or territory referred to in paragraphs 2 and 3. The European Council shall

act unanimously after consulting the Commission.

Declaration for incorporation in the Final Act

re Article IV-4

The High Contracting Parties agree that the European Council, in application of

Article IV-4(7) of the Constitution, will take a European decision leading to the modification

of the status of Mayotte with regard to the Union in order to make this territory an outermost

region within the meaning of Articles IV-4(2) and III-330 of the Constitution, when the

French authorities notify the European Council and the Commission that the evolution

currently underway in the internal status of the island so allows.

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ANNEX 44

PROTOCOL ON DENMARK

Amended Protocol No 5 on the position of Denmark

THE HIGH CONTRACTING PARTIES,

RECALLING the decision of the Heads of State or Government, meeting within the European

Council at Edinburgh on 12 December 1992, concerning certain problems raised by Denmark on

the Treaty on European Union,

HAVING NOTED the position of Denmark with regard to citizenship, economic and monetary

union, defence policy, and justice and home affairs as laid down in the Edinburgh decision,

CONSCIOUS of the fact that a continuation under the Constitution of the legal regime originating

in the Edinburgh decision will significantly limit Denmark's participation in important areas of

cooperation of the Union,

and that it would be in the best interest of the Union to ensure the

integrity of the

acquis

in the area of freedom, security and justice,

WISHING therefore to establish a legal framework that will provide an option for Denmark to

participate in the adoption of measures proposed on the basis of Part III, Title III, Chapter IV of the

Constitution and welcoming the intention of Denmark to avail itself of this option when possible in

accordance with its constitutional requirements,

NOTING that Denmark will not prevent the other Member States from further developing their

cooperation with respect to measures not binding on Denmark,

BEARING IN MIND the

Protocol on the Schengen

acquis

integrated into the framework of the

European Union,

HAVE AGREED UPON the following provisions, which shall be annexed to the Constitution:

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PART I

Article 1

Denmark shall not take part in the adoption by the Council of proposed measures pursuant to

Part III, Title III, Chapter IV of the Constitution. The unanimity of the members of the Council,

with the exception of the representative of the government of Denmark, shall be necessary for the

decisions of the Council which must be adopted unanimously.

For the purposes of this Article, a

qualified majority shall be defined as a majority of the members of the Council representing

the participating Member States, comprising at least three fifths of the population of the

participating Member States.

Article 2

None of the provisions of Part III, Title III, Chapter IV of the Constitution, no measure adopted

pursuant to that Chapter, no provision of any international agreement concluded by the Union

pursuant to that Chapter, and no decision of the Court of Justice of the European Union interpreting

any such provision or measure shall be binding upon or applicable in Denmark; and no such

provision, measure or decision shall in any way affect the competences, rights and obligations of

Denmark; and no such provision, measure or decision shall in any way affect the

acquis

communautaire

and of the Union nor form part of Union law as they apply to Denmark.

Article 3

Denmark shall bear no financial consequences of measures referred to in Article 1, other than

administrative costs entailed for the institutions.

Article 4

Denmark shall decide within a period of 6 months after the adoption of a measure to build

upon the Schengen

acquis

covered by Part I of this Protocol whether it will implement this measure

in its national law. If it decides to do so, this measure will create an obligation under international

law between Denmark and the other Member States bound by the measure.

If Denmark decides not to implement a measure of the Council as referred to in paragraph 1,

the Member States

bound by that measure and Denmark

will consider appropriate

steps

to be

taken.

Denmark shall maintain the rights and obligations existing before the entry into force of the

Constitution with regard to the Schengen

acquis.

The drafting of this sentence will have to be adapted in the light of the final drafting of

Article I-24 on the definition of qualified majority.

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PART II

Article 5

With regard to measures adopted by the Council pursuant to Articles I-40, III-196(1) and

Articles III-210 to III-215 of the Constitution, Denmark does not participate in the elaboration and

the implementation of decisions and actions of the Union which have defence implications.

Therefore Denmark shall not participate in their adoption. Denmark will not prevent the other

Member States from further developing their cooperation in this area. Denmark shall not be obliged

to contribute to the financing of operational expenditure arising from such measures, nor to make

military capabilities available to the Union.

PART III

Article 6

This Protocol shall also apply to measures remaining in force by virtue of Article IV-3 of the

Constitution, which were covered by the Protocol on the position of Denmark annexed to the Treaty

on European Union and to the Treaty establishing the European Community prior to the entry into

force of the Constitution.

Article 7

Articles 1, 2 and 3 shall not apply to measures determining the third countries whose nationals must

be in possession of a visa when crossing the external borders of the Member States, or measures

relating to a uniform format for visas.

PART IV

Article 8

At any time Denmark may, in accordance with its constitutional requirements, inform the other

Member States that it no longer wishes to avail itself of all or part of this Protocol. In that event,

Denmark will apply in full all relevant measures then in force taken within the framework of the

Union.

Article 9

At any time and without prejudice to Article 8 Denmark may, in accordance with its

constitutional requirements, notify the other Member States that with effect from the first day of the

month following the notification Part I of this Protocol shall consist of the provisions in the Annex

to this Protocol.

Six months after the date on which such notification takes effect all Schengen

acquis

and

measures adopted to build upon this

acquis,

which until then have been binding on Denmark as

obligations under international law, shall be binding upon Denmark as Union law.

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Annex to the Protocol

Article 1

Subject to Article 3, Denmark shall not take part in the adoption by the Council of measures

proposed pursuant to Part III, Title III, Chapter IV of the Constitution. The unanimity of the

members of the Council, with the exception of the representative of the government of Denmark,

shall be necessary for the decisions of the Council which must be adopted unanimously.

For the

purposes of this Article, a qualified majority shall be defined as a majority of the members of

the Council representing the participating Member States, comprising at least three fifths of

the population of the participating Member States.

Article 2

In consequence of Article 1 and subject to Articles 3, 4 and

none of the provisions in Part III,

Title III, Chapter IV of the Constitution, no measure adopted pursuant to that Chapter, no provision

of any international agreements concluded by the Union pursuant to that Chapter, no decision of the

Court of Justice of the European Union interpreting any such provision or measure shall be binding

upon or applicable in Denmark; and no such provision, measure or decision shall in any way affect

the competences, rights and obligations of Denmark; and no such provision, measure or decision

shall in any way affect the

acquis communautaire

and of the Union nor form part of Union law as

they apply to Denmark.

Article 3

Denmark may notify the President of the Council in writing, within three months after a

proposal or initiative has been presented to the Council pursuant to Part III, Title III, Chapter IV of

the Constitution, that it wishes to take part in the adoption and application of any such proposed

measure, whereupon Denmark shall be entitled to do so.

If after a reasonable period of time a measure referred to in paragraph 1 cannot be

adopted with Denmark taking part, the Council may adopt such measure in accordance with

Article 1 without the participation of Denmark. In that case Article 2 applies.

Article 4

Denmark may at any time after the adoption of a measure pursuant to Part III, Title III, Chapter IV

of the Constitution notify its intention to the Council and the Commission that it wishes to accept

that measure. In that case, the procedure provided for in Article III-326(1) of the Constitution shall

apply

mutatis mutandis.

The drafting of this sentence will have to be adapted in the light of the final drafting of

Article I-24 on the definition of qualified majority.

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Article 5

Notification pursuant to Article 4 shall be submitted no later than 6 months after the final

adoption of a measure if this measure builds upon the Schengen

acquis.

In case Denmark does not

submit a notification in accordance with Articles 3 or 4 regarding measures building upon the

Schengen

acquis,

the Member States

bound by those measures and Denmark

will consider

appropriate

steps

to be taken.

A notification pursuant to Article 3 or Article 4 with respect to measures building upon the

Schengen

acquis

shall be deemed irrevocably to be a notification pursuant to Article 3 with respect

to any further proposal or initiative aiming to build upon that measure to the extent that such

proposal or initiative builds upon the Schengen

acquis.

Article 6

Where, in cases referred to in this Part, Denmark is bound by a measure adopted by the Council

pursuant to Part III, Title III, Chapter IV of the Constitution, the relevant provisions of the

Constitution shall apply to Denmark in relation to that measure.

Article 7

Where Denmark is not bound by a measure adopted pursuant to Part III, Title III, Chapter IV of the

Constitution, it shall bear no financial consequences of that measure other than administrative costs

entailed for the institutions unless the Council, acting unanimously after consulting the European

Parliament, decides otherwise.

Declaration for incorporation in the Final Act

in relation to the Protocol on Denmark

The Conference

notes

that with respect to legal acts to be adopted by the Council acting alone or

jointly with the European Parliament and containing provisions applicable to Denmark as well as

provisions not applicable to Denmark because they have a legal basis to which Part I of the Protocol

on Denmark applies, Denmark declares that it will not use its voting right to prevent the adoption of

the provisions which are not applicable to Denmark.

Furthermore, the Conference

notes

that on the basis of the Declaration by the Conference on

Articles I-42 and III-231 of the Constitution, Denmark declares that Danish participation in actions

or legal acts pursuant to Articles I-42 and III-231 will take place in accordance with Part I and Part

II of the Protocol on the position of Denmark.

* * *

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ANNEX 45

SERVICES OF GENERAL INTEREST

Article III-6

Without prejudice to Articles

I-5,

III-55, III-56 and III-136, and given the place occupied by

services of general economic interest as services to which all in the Union attribute value as well as

their role in promoting social and territorial cohesion, the Union and the Member States, each

within their respective competences and within the scope of application of the Constitution, shall

take care that such services operate on the basis of principles and conditions, in particular economic

and financial, which enable them to fulfil their missions. European laws shall define these

principles and conditions

without prejudice to the competence of Member States, in compliance

with the Constitution, to provide, to commission and to fund such services.

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ANNEX 46

THE SMALL NEIGHBOURING STATES OF THE UNION

Declaration for incorporation in the Final Act

re Article I-56

The Union will take into account the particular situation of small-sized States which maintain

specific relations of proximity with it.

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ANNEX 47

ACCESSION OF THE UNION TO THE EUROPEAN

CONVENTION ON HUMAN RIGHTS

Article I-7

[unchanged]

The Union

shall accede

to the European Convention for the Protection of Human Rights and

Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the

Constitution.

[unchanged]

Article III-227 (8)

The Council shall act by a qualified majority throughout the procedure.

It shall act unanimously when the agreement covers a field for which unanimity is required for the

adoption of a Union act as well as for association agreements and the agreements referred to in

Article III-221 with the States which are candidates for accession.

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Protocol relating to Article I-7 (2)

on the accession of the Union to the European Convention on Human Rights

The agreement relating to the accession of the Union to the European Convention on

Human Rights provided for in Article I-7(2) of the Constitution shall make provision for

preserving the specific characteristics of the Union and Union law, in particular with regard

to:

−

the specific arrangements for the Union's possible participation in the control bodies of

the European Convention on Human Rights,

the mechanisms necessary to ensure that proceedings by non-Member States and

individual applications are correctly addressed to Member States and/or the Union as

appropriate;

−

The agreement referred to in paragraph 1 shall ensure that accession shall not affect the

competences of the Union and the powers of its institutions. It shall ensure that nothing

therein affects the situation of Member States in relation to the European Convention on

Human Rights, in particular in relation to the Protocols to the Convention, measures taken by

Member States derogating from the Convention in accordance with Article 15 thereof and

reservations to the Convention made by Member States in accordance with Article 57 thereof.

Nothing in the agreement referred to in paragraph 1 shall affect Article III-281(2) of the

Constitution.

Declaration for incorporation in the Final Act

re Article I-7 (2)

The Conference agrees that the Union's accession to the European Convention on Human

Rights should be arranged in such a way as to preserve the specific features of Union law. In

this connection, the Conference notes the existence of a regular dialogue between the Court of

Justice of the European Union and the European Court of Human Rights; such dialogue

could be reinforced when the European Union accedes to the European Convention on

Human Rights.

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ANNEX 48

PROVISIONS ON THE INSTITUTIONS AND BODIES OF

THE UNION FOR BULGARIA AND ROMANIA

Declaration for incorporation in the Final Act on the Protocol

on the transitional provisions relating to the Institutions and bodies of the Union

The common position which will be taken by the Member States at the conferences on the accession

to the Union of Romania and/or Bulgaria regarding the allocation of seats in the European

Parliament and the weighting of votes in the European Council and the Council will be as follows.

If the accession to the Union of Romania and/or Bulgaria takes place before the entry into

force of the European Council Decision referred to in Article I-19(2) of the Constitution, the

allocation of seats in the European Parliament throughout the 2004-2009 parliamentary term will be

in accordance with the following table for a Union of 27 Member States.

MEMBER STATES

Germany

United Kingdom

France

Italy

Spain

Poland

Romania

Netherlands

Greece

Czech Republic

Belgium

Hungary

Portugal

Sweden

Bulgaria

Austria

Slovakia

Denmark

Finland

Ireland

Lithuania

Latvia

Slovenia

Estonia

Cyprus

Luxembourg

Malta

TOTAL

SEATS IN THE EP

785

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The Treaty of Accession to the Union will therefore, by way of derogation from Article I-19(2) of

the Constitution, stipulate that the number of members of the European Parliament may temporarily

exceed 736 for the remainder of the 2004 to 2009 Parliamentary term.

In Article 2(2) of the Protocol on the transitional provisions relating to the institutions and

bodies of the Union, the weighting of the votes of Romania and Bulgaria in the European Council

and the Council will be set at 14 and 10 respectively.

At the time of each accession, the threshold referred to in the Protocol on the

transitional provisions relating to the institutions and bodies of the Union will be calculated

according to the provisions of Article 2(3) of that Protocol.

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ANNEX 49

PROTECTION AND WELFARE OF ANIMALS

Article III-5a

(new text)

In formulating and implementing the Union's agriculture, fisheries, transport, internal

market, research and technological development and space policies, the Union and the

Member States shall pay full regard to the welfare requirements of animals, as sentient

beings, while respecting the legislative or administrative provisions and customs of Member

States relating in particular to religious rites, cultural traditions and regional heritage.

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ANNEX 50

CAPITAL AND PAYMENTS

Article III-47 (4) (new paragraph)

In the absence of a European law or framework law foreseen in Article III-46(3), the

Commission or, in the absence of a Commission decision within a period of three months from

the application of the Member State concerned, the Council, may adopt a European decision

stating that restrictive tax measures adopted by a Member State concerning one or more third

countries are to be considered compatible with the Constitution in so far as they are justified

by one of the objectives of the Union and compatible with the proper functioning of the

internal market. The Council shall act unanimously on application by a Member State.

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ANNEX 51

RESTRICTIVE MEASURES

Article III-49

Where necessary to achieve the objectives set out in Article III-158, as regards preventing and

combating terrorism and

related activities,

European laws shall define a framework for

administrative measures with regard to capital movements and payments, such as the freezing of

funds, financial assets or economic gains belonging to, or owned or held by, natural or legal

persons, groups or non-state entities.

The Council, on a proposal from the Commission, shall adopt European regulations or European

decisions in order to implement the laws referred to in the first paragraph.

The acts referred to in this Article shall include necessary provisions on legal safeguards.

Article III-224

Where a European decision, adopted on the basis of Chapter II of this Title, provides for the

interruption or reduction, in part or completely, of economic and financial relations with one or

more third countries, the Council, acting by a qualified majority on a joint proposal from the Union

Minister for Foreign Affairs and the Commission, shall adopt the necessary European regulations or

decisions. It shall inform the European Parliament thereof.

Where a European decision adopted on the basis of Chapter II of this Title so provides, the

Council may adopt restrictive measures under the procedure referred to in paragraph 1 against

natural or legal persons and non-state groups or bodies.

The acts referred to in this Article shall include necessary provisions on legal

safeguards.

Declaration for incorporation in the Final Act

re Articles III-49 and III-224

The Conference recalls that the respect for fundamental rights and freedoms implies, in

particular, that proper attention is given to the protection and observance of the due process

rights of the individuals or entities concerned. For this purpose and in order to guarantee a

thorough judicial review of decisions subjecting an individual or entity to restrictive

measures, such decisions must be based on clear and distinct criteria. These criteria should

be tailored to the specifics of each restrictive measure.

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ANNEX 52

AUTHENTIC TEXTS AND

TRANSLATIONS

Article IV-10 new (2)

This Treaty may also be translated into any other languages as determined by Member

States among those which, in accordance with their constitutional order, enjoy official status

in all or part of their territory. A certified copy of such translations shall be provided by the

Member States concerned to be deposited in the archives of the Council.

Declaration for incorporation in the Final Act

re Article IV-10 (2)

The Conference considers that the possibility of producing official translations of the Treaty

in the languages mentioned in the second paragraph of Article IV-10 contributes to fulfilling

the objective of respecting the Union's rich cultural and linguistic diversity as set forth in

paragraph 3 of Article I-3 of the Treaty. In this context, the Conference confirms the

attachment of the Union to the cultural diversity of Europe and the special attention it will

continue to pay to linguistic diversity.

The Conference recommends that those Member States wishing to avail themselves of the

possibility recognised in Article IV-10(2) communicate to the Council, within six months from

the date of the signature of the Treaty, the language or languages into which translations of

the Treaty will be made.

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ANNEX 53

SIMPLIFIED PROCEDURE FOR REVISING THE

CONSTITUTION

MOVEMENT FROM UNANIMITY TO A QUALIFIED MAJORITY

AND FROM THE SPECIAL LEGISLATIVE PROCEDURE TO

THE ORDINARY LEGISLATIVE PROCEDURE

Article IV-7a

(new)

Where Part III provides for the Council to act by unanimity in a given area or case, the

European Council may adopt a European decision authorising the Council to act by a

qualified majority in that area or in that case.

This paragraph shall not apply to decisions with military implications or those in the area of

defence.

Where Part III provides for European laws and framework laws to be adopted by the

Council according to a special legislative procedure, the European Council may adopt a

European decision allowing for the adoption of such European laws or framework laws

according to the ordinary legislative procedure.

Any initiative taken by the European Council on the basis of paragraphs 1 or 2 shall be

notified to the national Parliaments of the Member States. If a national Parliament makes

known its opposition within six months of the date of such notification, the European decision

referred to in paragraphs 1 or 2 shall not be adopted. In the absence of opposition, the

European Council may adopt the decision.

For the adoption of the European decisions referred to in paragraphs 1 and 2, the European

Council shall act by unanimity after obtaining the consent of the European Parliament, which

shall be given by a majority of its component members.

Article I-22 - The Council of Ministers

(paragraph 4 deleted)

Article I-33 - Legislative acts

(paragraph

4 deleted)

Article IV-7a (duration) of document 50/03 is renumbered "IV-7c".

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ANNEX 54

SIMPLIFIED PROCEDURE FOR REVISING THE

CONSTITUTION

AMENDMENT TO INTERNAL POLICIES

Article IV-7b

(new)

The Government of any Member State, the European Parliament or the Commission

may submit to the European Council proposals for revising all or part of the provisions of

Title III of Part III on the internal policies of the Union.

The European Council may adopt a European decision amending all or part of the

provisions of Title III of Part III. The European Council shall act by unanimity after

consulting the European Parliament and the Commission, and the European Central Bank in

the case of institutional changes in the monetary area.

Such a decision shall not come into force until it has been approved by the Member States in

accordance with their respective constitutional requirements.

The European decision referred to in paragraph 2 may not increase the competences

conferred on the Union by this Treaty.

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ANNEX 55

ENHANCED COOPERATION

Article III-324 (1)

When enhanced cooperation is being established, it shall be open to all Member States,

subject to compliance with any conditions of participation laid down by the European authorising

decision. It shall also be open to them at any other time, subject to compliance with the acts already

adopted within that framework, in addition to any such conditions.

The Commission and the Member States participating in enhanced cooperation shall ensure that

they

promote

participation by as many Member States as possible.

Article III-325 (2)

The request of the Member States which wish to establish enhanced cooperation between

themselves within the framework of the common foreign and security policy shall be addressed to

the Council. It shall be forwarded to the Union Minister for Foreign Affairs, who shall give an

opinion on whether the enhanced cooperation contemplated is consistent with the Union's common

foreign and security policy, and to the Commission, which shall give its opinion in particular on

whether the enhanced cooperation proposed is consistent with other Union policies. It shall also be

forwarded to the European Parliament for information.

Authorisation to proceed with enhanced cooperation shall be granted by a European decision of the

Council

acting unanimously.

Article III-326 (2)

Any Member State which wishes to participate in enhanced cooperation in progress in the

framework of the common foreign and security policy shall notify its intention to the Council, the

Union Minister for Foreign Affairs and the Commission.

The Council shall confirm the participation of the Member State concerned, after consulting the

Union Minister for Foreign Affairs and after noting where necessary that the conditions of

participation have been fulfilled. The Council, on a proposal from the Union Minister for Foreign

Affairs, may also adopt any transitional measures necessary with regard to the application of the

acts already adopted within the framework of enhanced cooperation. However, if the Council

considers that the conditions of participation have not been fulfilled, it shall indicate the

arrangements to be adopted to fulfil those conditions and shall set a deadline for re-examining the

request for participation.

For the purposes of this paragraph, the Council shall act

unanimously and

in accordance with

Article I-43(3).

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Article III-328

Where a provision of the Constitution which may be applied in the context of enhanced

cooperation stipulates that the Council shall act unanimously, the Council, acting unanimously in

accordance with the arrangements laid down in Article I-43(3), may decide to act by qualified

majority.

Where a provision of the Constitution which may be applied in the context of enhanced

cooperation stipulates that the Council shall adopt European laws or framework laws under a

special legislative procedure, the Council, acting unanimously in accordance with the arrangements

laid down in Article I-43(3), may decide to act under the ordinary legislative procedure. The

Council shall act after consulting the European Parliament.

Paragraphs 1 and 2 shall not apply to decisions having military or defence implications.

* * *

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ANNEX 56

MISCELLANEOUS

(A)

NON-INTERFERENCE BETWEEN CFSP PROCEDURES AND THOSE OF

OTHER AREAS OF THE UNION'S ACTIVITIES

Article III-209

The implementation of the common foreign and security policy shall not affect

the application of

the procedures and the extent of the powers of the institutions laid down by the Constitution

for the exercise of

the

Union

competences listed in Articles I-12 to I-14 and I-16. Similarly, the

implementation of the policies listed in those Articles shall not affect

the application of the

procedures and the extent of the powers of the institutions laid down by the Constitution for

the exercise of the Union competences under this Chapter.

(B)

PUBLIC ACCESS TO DOCUMENTS OF THE EUROPEAN INVESTMENT BANK

Article III-305 (1)

The institutions, bodies, offices and agencies of the Union shall ensure transparency in their

work and shall, in application of Article I-49, lay down in their rules of procedure the specific

provisions for public access to documents. The Court of Justice of the European Union, the

European Central Bank

and the European Investment Bank

shall be subject to the provisions of

Article I-49(3)

and to the present Article only

when exercising their administrative tasks.

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Article I-19

[unchanged]

The European Parliament shall be composed of representatives of the Union's citizens.

They shall not exceed seven hundred and thirty-six in number.

Representation of citizens shall

be degressively proportional, with a minimum threshold of four members per Member State.

Sufficiently in advance of the European Parliamentary elections in 2009, and, as necessary

thereafter for further elections, the European Council shall adopt by unanimity, on the initiative of

the European Parliament and with its consent, a European decision establishing the composition of

the European Parliament, respecting the principles referred to in the first sub-paragraph.

2a.

The members of the European Parliament shall be elected for a term of five years by direct

universal suffrage in a free and secret ballot.

[unchanged]

(D) ROLE OF NATIONAL PARLIAMENTS – PROTOCOLS ON SUBSIDIARITY AND

NATIONAL PARLIAMENTS

Protocol on subsidiarity

Article 6

Each national Parliament shall have two votes, shared out on the basis of the national

parliamentary system. In the case of a bicameral Parliamentary system, each of the two

chambers shall have one vote.

Protocol on national Parliaments

Article 8

Where the national Parliamentary system is not unicameral, Articles 1 to 7 shall apply to the

component chambers.

The drafting of these two last sentences may have to be adapted to reflect the outcome of the

IGC discussion on European Parliament seats.

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(E)

CONVERGENCE CRITERIA

Article III-92 (1)

At least once every two years, or at the request of a Member State with a derogation, the

Commission and the European Central Bank shall report to the Council on the progress made by the

Member States with a derogation in fulfilling their obligations regarding the achievement of

economic and monetary union. These reports shall include an examination of the compatibility

between each of these Member States' national legislation, including the statutes of its national

central bank, and Articles III-80 and III-81 and the Statute of the European System of Central

Banks and the European Central Bank. The reports shall also examine whether a high degree of

sustainable convergence has been achieved, by analysing how far each of these Member States has

fulfilled the following criteria:

(a)

(b)

[unchanged]

mechanism

of the European monetary system,

for at least two years, without devaluing against

the euro;

(d)

[unchanged]

The four criteria mentioned in this paragraph and the relevant periods over which they are to be

respected are developed further in the Protocol on the convergence criteria. The reports of the

Commission and the European Central Bank shall also take account of the results of the integration

of markets, the situation and development of the balances of payments on current account and an

examination of the development of unit labour costs and other price indices.

(F)

DETERMINATION OF THE PENALTY PAYMENTS IMPOSED BY THE COURT

OF JUSTICE

Article III-267 (3)

When the Commission brings a case before the Court of Justice of the European Union

pursuant to Article III-265 on the grounds that the State concerned has failed to fulfil its obligation

to notify measures transposing a European framework law, it may, when it deems appropriate,

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

finds that there is an infringement it may impose a lump sum or penalty

payment

on the Member State concerned not exceeding the amount specified by the Commission. The

payment obligation

shall take effect

on the date set

by the Court in its judgment.

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(G) SOLIDARITY CLAUSE (ARTICLES I-42 AND III-231)

Article III-231

Should a Member State fall victim to a terrorist attack or a natural or man-made disaster, the

other Member States shall assist it at the request of its political authorities. To that end, the

Member States shall coordinate between themselves in the Council.

The arrangements for the implementation

by the Union

of the solidarity clause referred to in

Article I-42 shall be defined by

a European decision adopted by

the Council acting on a joint

proposal by the Commission and the Union Minister for Foreign Affairs.

The Council shall act in

accordance with Article III-201(1) where this decision has defence implications.

The European

Parliament shall be informed.

For the purposes of this

paragraph

and without prejudice to Article III-247, the Council shall be

assisted by the Political and Security Committee with the support of the structures developed in the

context of the common security and defence policy and by the Committee referred to in

Article III-162, which shall, if necessary, submit joint opinions.

The European Council shall regularly assess the threats facing the Union in order to enable

the Union

and its Member States

to take effective action.

Declaration for incorporation in the Final Act

re Articles I-42 and III-231

Without prejudice to the measures adopted by the Union to comply with its solidarity

obligation towards a Member State which is the object of terrorist attack or the victim of

natural or man-made disaster, none of the provisions of Articles I-42 and III-231 of the

Constitution is intended to affect the right of another Member State to choose the most

appropriate means to comply with its own solidarity obligation towards that Member State.

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(H) NATIONAL SECURITY AND DATA PROTECTION

Article I-5 (1)

The Union shall respect the national identities of the Member States, inherent in their

fundamental structures, political and constitutional, inclusive of regional and local self-government.

It shall respect their essential State functions, including those for ensuring the territorial integrity of

the State, and for maintaining law and order and safeguarding

national

security.

Article III-163

This Chapter 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 III-283

In exercising its powers regarding the provisions of Sections 4 and 5 of Chapter IV of Title III

concerning the area of freedom, security and justice, the Court of Justice of the European Union

shall have no jurisdiction to review the validity or proportionality of operations carried out by the

police or other law enforcement services of a Member State or the exercise of the responsibilities

incumbent upon Member States with regard to the maintenance of law and order and the

safeguarding of internal security.

Declaration for incorporation in the Final Act

re Article I-50

The Conference declares that, whenever rules on protection of personal data to be adopted on

the basis of Article I-50 could have direct implications for national security, due account will

have to be taken of the specific characteristics of the matter. It recalls that the legislation

presently applicable (see in particular Directive 95/46/EC) includes specific derogations in this

regard.

(I)

WITHDRAWAL FROM THE UNION-NEGOTIATOR

Article I-59 (2)

A Member State which decides to withdraw shall notify the European Council of its intention.

In the light of the guidelines provided by the European Council, the Union shall conclude an

agreement with that State, setting out the arrangements for its withdrawal, taking account of the

framework for its future relationship with the Union. That agreement shall be

negotiated in

accordance with Article III-227(3); it shall be

concluded by the Council, acting by a qualified

majority, after obtaining the consent of the European Parliament.

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(J)

RATIFICATION OF THE CONSTITUTION

Declaration for incorporation in the Final Act

on the ratification of the Treaty establishing a Constitution for Europe

The Conference notes that

if, two years after the signature of the Treaty establishing

Constitution

for Europe,

four fifths of the Member States have ratified it and one or more Member

States have encountered difficulties in proceeding with ratification, the matter will be referred to the

European Council.

* * *

This is one of the three Declarations attached to the draft Constitution by the European

Convention. The two other Declarations are in Annexes 12 and 48.

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ANNEX 57

DECLARATION BY MEMBER STATES

Declaration by the Federal Republic of Germany, Ireland

and the Republic of Austria

Germany, Ireland and Austria note that the core provisions of the Treaty establishing the

European Atomic Energy Community have not been substantially amended since its entry

into force and need to be brought up to date. They therefore support the idea of a Conference

of the Representatives of the Governments of the Member States, which should be convened

as soon as possible.

The Presidency includes this Declaration by Member States for the sake of completeness.

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