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Europaudvalget 2003-04
EUU Alm.del Bilag 1027
Offentligt

CONFERENCE

OF THE REPRESENTATIVES

OF THE GOVERNMENTS

OF THE MEMBER STATES

Brussels, 18 June 2004

CIG 83/04

PRESID 25

NOTE

from:

dated:

to:

Subject:

Presidency

18 June 2004

Delegations

IGC 2003

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

In the light of the discussions on Thursday 17 June on the draft Constitution, the Presidency invites

Heads of State or Government to give their agreement to the texts set out in document CIG 81/04,

as amended and complemented by the texts annexed to the present document. These documents

contain modifications to the basic text of the Constitution as contained in document CIG 50/03

together with its addendums and corrigendums.

On the issue of qualified majority voting, the Presidency's proposals contain a number of elements

which will require further discussion.

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INDEX

PART I

INSTITUTIONS.............................................................................................................. 3

Annex 1

Annex 2

Annex 3

Annex 4

The European Commission ............................................................................ 4

Definition of qualified majority voting .......................................................... 7

Draft Decision relating to implementation of Article I-24............................. 8

European Parliament seats ........................................................................... 10

PART II NON-INSTITUTIONAL ISSUES................................................................................ 11

Annex 5

Annex 6

Annex 7

Annex 8

Annex 9

Provisions specific to Member States whose currency is the euro .............. 12

Coordination of Economic Policy................................................................ 13

Declaration on the Stability and Growth Pact.............................................. 14

Measures relating to excessive deficits ........................................................ 15

Multiannual Financial Framework ............................................................... 16

Annex 10 Explanations relating to the Charter of Fundamental Rights ....................... 17

Annex 11 Provisions specific to Member States whose currency is the euro

(revised Annex 22 from CIG 81/04

.............................................................. 18

Annex 12 Eurojust

(revised Annex 26 from CIG 81/04)...............................................

Annex 13 Enhanced Cooperation

(revised Annex 55 from CIG 81/04)........................

Annex 14 Declaration by Member States ..................................................................... 23

* * *

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PART I

INSTITUTIONS

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ANNEX 1

THE EUROPEAN COMMISSION

Article I-25: The European Commission

The Commission shall promote the general interest of the Union and take appropriate

initiatives to that end. It shall ensure that the Constitution and the measures adopted by the

Institutions pursuant thereto are applied. It shall oversee the application of Union law under the

control of the Court of Justice of the European Union. It shall implement the budget and manage

programmes. It shall exercise coordinating, executive and management functions, as laid down in

the Constitution. With the exception of the common foreign and security policy and other cases

provided for in the Constitution, it shall ensure the Union's external representation. It shall initiate

the Union's annual and multiannual programming with a view to achieving interinstitutional

agreements.

Union legislative acts may be adopted only on the basis of a Commission proposal, except

where the Constitution provides otherwise. Other acts shall be adopted on the basis of a

Commission proposal where the Constitution so provides.

The Commission's term of office shall be five years.

The Members of the Commission shall be chosen on the ground of their general

competence and European commitment and their independence shall be beyond doubt.

The first Commission appointed under the provisions of the Constitution shall consist of

one national of each Member State, including its President and the Union Minister for

Foreign Affairs who shall be one of its Vice-Presidents.

As from the end of the term of office of the Commission referred to in paragraph 3, the

Commission shall consist of a number of Members, including its President and the Union

Minister for Foreign Affairs, corresponding to two thirds of the number of Member States.

They shall

be selected

among the nationals of the Member States

on the basis of a system of

equal rotation between the Member States. This system shall be established by a European decision

adopted unanimously by the European Council on the basis of the following principles:

(a)

Member States shall be treated on a strictly equal footing as regards determination of the

sequence of, and the time spent by, their nationals as Members of the Commission;

consequently, the difference between the total number of terms of office held by nationals of

any given pair of Member States may never be more than one;

subject to point (a), each successive

Commission

shall be so composed as to reflect

satisfactorily the demographic and geographical range of all the Member States of the Union.

(b)

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In carrying out its responsibilities the Commission shall be completely independent.

Without

prejudice to Article I-27(2),

the Members of the Commission shall neither seek nor take

instructions from any government or other institution, body, office or agency. They shall refrain

from any action incompatible with their duties or the performance of their tasks.

The Commission, as a body, shall be responsible to the European Parliament. Under the

procedures set out in Article III-243, the European Parliament may vote on a censure motion on the

Commission. If such a motion is carried, the Members of the Commission shall resign as a body

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

Article I-26: The President of the European Commission

Taking into account the elections to the European Parliament and after having held the

appropriate consultations, the European Council, acting by a qualified majority, shall propose to the

European Parliament

candidate for President of the Commission. This candidate shall be elected

by the European Parliament by a majority of its members. If he or she does not obtain the required

majority, the European Council, acting by a qualified majority, shall within one month propose a

new candidate who shall be elected by the European Parliament following the same procedure.

The Council, by common accord with the President-elect, shall adopt the list of the other

persons whom it intends to appoint as Members of the Commission. They shall be selected,

on the basis of the suggestions made by Member States, in accordance with the criteria set out

in Article I-25(4) and (6) second subparagraph.

The President, the Union Minister for Foreign Affairs and the other Members of the

Commission shall be subject as a body to a vote of approval by the European Parliament. On

the basis of this approval the Commission shall be appointed by the European Council, acting

by a qualified majority.

(a)

(b)

The President of the Commission shall:

lay down guidelines within which the Commission shall carry out its tasks;

decide on the internal organisation of the Commission, ensuring that it acts consistently,

efficiently and as a collegiate body;

appoint Vice-Presidents, other than the Union Minister for Foreign Affairs, from among the

Members of the Commission.

(c)

A Member of the Commission shall resign if the President so requests.

The Union Minister for

Foreign Affairs shall resign, in accordance with the procedure set out in Article I-27(1), if the

President so requests.

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Declaration for incorporation in the Final Act

re Article I-25

The Conference considers that when the Commission no longer includes nationals of all

Member States, the Commission should pay particular attention to the need to ensure full

transparency in relations with all Member States. Accordingly, the Commission should liaise

closely with all Member States, whether or not they have a national serving as Member of the

Commission, and in this context pay special attention to the need to share information and

consult with all Member States.

The Conference also considers that the Commission should take all the necessary measures to

ensure that political, social and economic realities in all Member States, including those which

have no national serving as Member of the Commission, are fully taken into account. These

measures should include ensuring that the position of those Member States is addressed by

appropriate organisational arrangements.

* * *

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ANNEX 2

DEFINITION OF QUALIFIED MAJORITY

VOTING

Article I-24

A qualified majority shall be defined as

55%

of the members of the Council, representing

Member States comprising at least

65%

of the population of the Union.

However, the qualified majority shall also be attained if the negative votes are cast by fewer

than four members of the Council.

By derogation from paragraph 1, when

the Council is not acting on a proposal from the

Commission or from the Union Minister for Foreign Affairs, the qualified majority shall be defined

72%

of the members of the Council, representing Member States comprising at least

65%

of the

population of the Union.

[3. Abstentions shall not be taken into account when counting the total number of Council

members and of population.]

Cases where only some Council members have the right to vote:

In cases where only some members of the Council have the right to vote (for example enhanced

cooperation or Eurozone), the provisions of the Constitution which specifically define the qualified

majority in such cases will be adapted. Such adaptation will consist in inserting in these provisions

the percentages provided for in Article I-24 paragraph 1 and in paragraph 2 [as well as the rule of

paragraph 3], so as to be applicable only to Council members which have the right to vote and to

the population of the Member States which they represent. As regards the adaptation of the figure

in the second subparagraph of paragraph 1, the number of Council members will be the minimum

number capable of constituting a blocking minority plus one.

* * *

Examples of cases where the Council acts without proposal from the Commission:

−

in JHA, when the Council acts on initiative from the Member States,

−

in CFSP, when the Council acts on its own initiative,

−

in Economic and Monetary policy, when it acts on a recommendation from the

Commission or from the ECB,

−

in the case of suspension of a Member State or withdrawal of a Member State,

−

in various nominations.

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ANNEX 3

DRAFT DECISION RELATING TO THE

IMPLEMENTATION OF ARTICLE I-24

Draft Council Decision relating to the implementation of Article I-24

THE COUNCIL OF THE EUROPEAN UNION,

Whereas:

It is considered appropriate to adopt provisions allowing for a smooth transition from

the system for decision-making in the Council by Qualified Majority as defined in the

Treaty of Nice and set out in Article 2, paragraph 2 of the

Protocol on the transitional

provisions relating to the institutions and bodies of the Union

annexed to the Constitution,

which will continue to apply until 31 October 2009 and the voting system foreseen under

Article I-24 of the Constitution, which will apply with effect from 1 November 2009.

It is recalled that it is the practice of the Council to devote every effort to strengthening

the democratic legitimacy of decisions taken by qualified majority.

It is judged appropriate to maintain the present Decision as long as is necessary to

ensure smooth transition to the new voting system foreseen in the Constitution,

DECIDES:

Article 1

If members of the Council, representing:

(a)

(b)

at least 30% of the population of the Union, or

at least 40% of the Member States,

indicate their opposition to the Council adopting an act by a qualified majority, the Council

shall discuss the issue.

Article 2

The Council shall, in the course of these discussions, do all in its power to reach, within a

reasonable time and without prejudicing obligatory time limits laid down by Union law, a

satisfactory solution to address concerns raised by the members of the Council referred to in

Article 1.

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

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Article 3

To this end, the President of the Council, with the assistance of the Commission and

respecting the Rules of Procedure of the Council, shall undertake any initiative necessary to

facilitate a wider basis of agreement in the Council. The members of the Council shall lend

him their assistance.

Article 4

The present Decision shall remain in force at least until 2014. Thereafter the Council may

adopt a European decision repealing it.

* * *

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ANNEX 4

EUROPEAN PARLIAMENT SEATS

Article I-19 (2)

The European Parliament shall be composed of representatives of the Union's citizens.

They shall not exceed

seven hundred and fifty

in number. Representation of citizens shall be

degressively proportional, with a minimum threshold of

six

members per Member State.

Member State shall be attributed more than [ninety-six] seats.

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 basis of a

proposal from the European Parliament and with its consent, a European decision establishing the

composition of the European Parliament, respecting the principles set out in the first paragraph

above.

* * *

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PART II

NON-INSTITUTIONAL ISSUES

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ANNEX 5

PROVISIONS SPECIFIC TO MEMBER

STATES WHOSE CURRENCY

IS THE EURO

Article III-92 (2)

After consulting the European Parliament and after discussion in the European Council, the

Council, on a proposal from the Commission, shall adopt a European decision establishing which

Member States with a derogation fulfil the necessary conditions on the basis of the criteria set out in

paragraph 1, and shall abrogate the derogations of the Member States concerned.

The Council

shall act having received a recommendation of a majority of those among its members

representing Member States whose currency is the euro and comprising at least three fifths of

the population of those Member States

; these members shall act within 6 months of the

Council receiving the Commission's proposal.

* * *

The draft 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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ANNEX 6

COORDINATION OF ECONOMIC POLICY

Article I-11 (3)

The Union shall have competence

to provide a framework for the coordination by the

Member States of their

economic and employment policies.

Article I-14 (1)

The Member States shall coordinate their economic policies within the Union.

To this end,

the Council shall adopt measures, in particular broad guidelines for these policies.

* * *

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ANNEX 7

DECLARATION ON THE STABILITY AND

GROWTH PACT

Declaration to be incorporated in the Final Act

re Article III-76

With regard to Article III-76, the Conference confirms that raising growth potential and

securing sound budgetary positions are the two pillars of the economic and fiscal policy of the

Union and the Member States. The Stability and Growth Pact is an important tool to achieve

these goals.

The Conference reaffirms its commitment to the provisions concerning the Stability and

Growth Pact as the framework for the coordination of budgetary policies in the Member

States of the European Union.

The Conference confirms that a rules-based system is the best guarantee for commitments to

be enforced and for all Member States to be treated equally.

Within this framework, the Conference also reaffirms its commitment to the goals of the

Lisbon Strategy: job creation, structural reforms, and social cohesion.

The Union aims at achieving balanced economic growth and price stability. Economic and

budgetary policies thus need to set the right priorities towards economic reforms, innovation,

competitiveness and strengthening of private investment and consumption in phases of weak

economic growth. This should be reflected in the orientations of budgetary decisions at the

national and EU level in particular through restructuring of public revenue and expenditure

while respecting budgetary discipline in accordance with the Constitution and the Stability

and Growth Pact.

Budgetary and economic challenges facing the Member States underline the importance of

sound budgetary policy throughout the economic cycle.

The Conference agrees that Member States should use periods of economic recovery actively

to consolidate public finances and improve their budgetary positions. The objective is to have

a budgetary surplus in good times which creates the necessary room to accommodate

economic downturns and thus contribute to the long-term sustainability of public finances.

The Member States look forward to possible proposals of the Commission as well as further

contributions of Member States with regard to strengthening and clarifying the

implementation of the Stability and Growth Pact. The Member States will take all necessary

measures to raise the growth potential of their economies. Improved economic policy

coordination could support this objective.

* * *

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ANNEX 8

MEASURES RELATING TO

EXCESSIVE DEFICITS

Article III-76 (6)

The Council shall, on a proposal from the Commission, having considered any observations

which the Member State concerned may wish to make and after an overall assessment, decide

whether an excessive deficit exists. In that case it shall adopt,

on a recommendation from the

Commission,

recommendations addressed to the Member State concerned with a view to bringing

that situation to an end within a given period. Subject to paragraph 8, those recommendations shall

not be made public.

Within the scope of this paragraph, the Council shall act without taking into account the vote of the

member of the Council representing the Member State concerned.

A qualified majority shall be defined as the majority of the other members of the Council,

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

Member States.

* * *

The draft 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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ANNEX 9

MULTIANNUAL FINANCIAL FRAMEWORK

Article I-54

The multiannual financial framework shall ensure that Union expenditure develops in an

orderly manner and within the limits of its own resources. It shall determine the amounts of the

annual ceilings of appropriations for commitments by category of expenditure in accordance with of

Article III-308.

A European law of the Council shall lay down the multiannual financial framework.

The Council shall act

unanimously

after obtaining the consent of the European Parliament, which

shall be given by a majority of its component members.

The annual budget of the Union shall comply with the multiannual financial framework.

The European Council may adopt, by unanimity, a European decision allowing for the

Council to act by a qualified majority when adopting the European law of the Council

referred to in paragraph 2.

* * *

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ANNEX 10

EXPLANATIONS RELATING TO THE

CHARTER OF FUNDAMENTAL RIGHTS

5th paragraph of the Preamble

This Charter reaffirms, with due regard for the powers and tasks of the Union and the principle of

subsidiarity, the rights as they result, in particular, from the constitutional traditions and

international obligations common to the Member States, the European Convention for the

Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the Union

and by the Council of Europe and the case law of the Court of Justice of the European Union and of

the European Court of Human Rights. In this context the Charter will be interpreted by the courts

of the Union and the Member States with due regard to the explanations prepared under the

authority of the Praesidium of the Convention which drafted the Charter

and updated under the

responsibility of the Praesidium of the European Convention.

Article II-52: Scope and interpretation of rights and principles

(New (7))

The explanations drawn up as a way of providing guidance in the interpretation of the

Charter of Fundamental Rights shall be given due regard by the courts of the Union and of

the Member States.

Declaration for incorporation in the Final Act

concerning the explanations relating to the Charter of Fundamental Rights

The Conference takes note of the explanations relating to the Charter of Fundamental Rights

prepared under the authority of the Praesidium of the Convention which drafted the Charter

and updated under the responsibility of the Praesidium of the European Convention, as set

out below.

* * *

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ANNEX 11

(revised Annex 22 from CIG 81/04)

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, with the

exception of the procedure set out in paragraph 13 thereof, 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.

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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 12

(revised Annex 26 from CIG 81/04)

EUROJUST

Article III-174 (2)

In this context,

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 13

(revised Annex 55 from CIG 81/04)

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.

Declaration for incorporation in the Final Act

re Article III-325

The Conference declares that Member States should indicate, when they address a request to

the Commission to establish enhanced cooperation, if they intend already at that stage to

make use of the provisions in Article III-328 providing for the extension of qualified majority

Voting or the ordinary legislative procedure.

* * *

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ANNEX 14

DECLARATION BY MEMBER STATES

Declaration by the Kingdom of Spain and

the United Kingdom of Great Britain and Northern Ireland

The Treaty establishing the Constitution applies to Gibraltar as a European territory for

whose external relations a Member State is responsible. This shall not imply changes in the

respective positions of the Member States concerned.

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