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Europaudvalget 2003-04
EUU Alm.del Bilag 245
Offentligt

CONFERENCE

OF THE REPRESENTATIVES

OF THE GOVERNMENTS

OF THE MEMBER STATES

Brussels, 25 November 2003 (26.11)

(OR. en,fr)

CIG 52/03

ADD 1

PRESID 10

ADDENDUM TO THE PRESIDENCY NOTE

from:

Presidency

dated:

25 November 2003

to:

Delegations

Subject:

IGC 2003

– Naples Ministerial Conclave: Presidency proposal

Delegations will find attached the different texts referred to by the Presidency in its note in

CIG 52/03.

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INDEX

Annex 1

The Union's values: Rights of persons belonging to minority groups ......................... 4

Equality between women and men

Primacy of Union law................................................................................................... 5

Explanations relating to the Charter of Fundamental Rights ....................................... 6

The formations of the Council of Ministers ................................................................. 7

Draft decision of the European Council on .................................................................. 8

the exercise of the Presidency of the Council of Ministers

The Minister for Foreign Affairs.................................................................................. 9

Judicial review of legal acts adopted by the European Council................................. 11

which are intended to produce legal effects for third parties

Prudential supervision of credit institutions and other financial ................................ 12

institutions by the European Central Bank

Amendment of the Statute of the ESCB and of the ECB........................................... 13

Appointment of members of the Executive Board of the European Central Bank .... 14

"Lamfalussy Procedure"............................................................................................. 15

Simplified procedure for amending the Statute.......................................................... 16

of the European Investment Bank

Provisions specific to Member States whose currency is the euro............................. 17

Judicial cooperation in criminal matters .................................................................... 19

European Public Prosecutor's Office.......................................................................... 21

Judicial cooperation in civil matters........................................................................... 22

Common security and defence policy ........................................................................ 23

Qualified majority voting in the field of ................................................................... 25

the common foreign and security policy

Social clause ............................................................................................................... 26

Annex 2

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

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Annex 20

Annex 21

Annex 22

Annex 23

Annex 24

Annex 25

Annex 26

Annex 27

Annex 28

Annex 29

Annex 30

Social security ............................................................................................................ 27

Taxation...................................................................................................................... 28

Social policy ............................................................................................................... 29

Economic, social and territorial cohesion .................................................................. 30

Transport .................................................................................................................... 31

Technological research and development .................................................................. 32

Energy ........................................................................................................................ 33

Public health ............................................................................................................... 34

Sport ........................................................................................................................... 36

Tourism ...................................................................................................................... 37

Simplified procedure for revising the Constitution: Movement from........................ 38

unanimity to a qualified majority and from the special legislative procedure

to the ordinary legislative procedure

Simplified procedure for revising the Constitution: Amendment to.......................... 39

internal policies

Overseas territories ................................................................................................... 40

Protocol on Denmark.................................................................................................. 41

Services of general interest......................................................................................... 47

The small neighbouring States of the Union .............................................................. 48

Accession of the Union to the European Convention on Human Rights ................... 49

Protection and welfare of animals .............................................................................. 50

Miscellaneous ............................................................................................................. 51

Annex 31

Annex 32

Annex 33

Annex 34

Annex 35

Annex 36

Annex 37

Annex 38

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ANNEX 1

THE UNION'S VALUES

RIGHTS OF PERSONS BELONGING TO MINORITY GROUPS

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 minority

groups.

These values are common to the Member States in a society

in which

pluralism,

non-discrimination,

tolerance, justice, solidarity and

the principle of equality between women

and men prevail.

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ANNEX 2

PRIMACY OF UNION LAW

Declaration for incorporation in the Final Act

re Article I-10(1)

The Conference notes that the provisions of Article I-10(1) reflect existing Court of Justice

case law.

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ANNEX 3

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 at the instigation

of the Praesidium of the Convention which drafted the Charter

and updated under the

responsibility of the Praesidium of the European Convention.

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 at the instigation 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.

(…)[reproduction of the explanations contained in CONV 828/1/03 REV 1

of 31 July 2003]

____________________

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ANNEX 4

THE FORMATIONS OF THE COUNCIL OF MINISTERS

Article I-23

The Council shall meet in different formations.

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

Council formations. 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 flesh out the Union's external action on the basis of

strategic guidelines laid down by the European Council and ensure that its action is

consistent.

The Foreign Affairs Council shall be chaired by the Union Minister for Foreign Affairs.

The European Council shall adopt by a qualified majority a decision establishing the list

of other Council formations.

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 formations, 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 unanimously by a decision of the European

Council.

Conference declaration providing for this list to be established on the basis of the decision of

the Seville European Council.

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ANNEX 5

DRAFT DECISION OF THE EUROPEAN COUNCIL ON THE EXERCISE OF

THE PRESIDENCY OF THE COUNCIL OF MINISTERS

Article 1

The Presidency of Council formations, other than those of General Affairs and

Foreign Affairs, shall be held collectively by pre-established groups of three Member States

for a continuous period of 12 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.

The Presidency of the different Council formations shall be shared equally among the

Member States of the group performing their duty throughout the entire period referred to in

the first paragraph.

Article 2

The Presidency of the General Affairs Council and the chair of the Permanent

Representatives Committee shall be held for four months by each of the members of the

group in turn.

Article 3

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

fall to the Member State holding the Presidency. The chair of the Political and Security

Committee shall be held by a representative of the Union Minister for Foreign Affairs.

Article 4

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

different Council formations in the framework of multiannual programmes. 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.

Article 5

The European Council shall, by a qualified majority, adopt a European decision establishing

the measures for the practical implementation of this decision.

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

Conference declaration providing for the European Council to begin preparing the decision

under Article 5 as soon as the Constitutional Treaty is signed and to give political approval

within six months.

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ANNEX 6

THE MINISTER FOR FOREIGN AFFAIRS

Article I-25

[unchanged]

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

discharge of their duties, the President, the European Commissioners, the Commissioners and

the Union Minister for Foreign Affairs shall neither seek nor take instructions from any

government or other body,

except for the Minister for Foreign Affairs when acting as

mandated by the Council of Ministers for the common foreign and security policy.

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

Commission President shall be responsible to the European Parliament for the activities of the

Commissioners. Under the procedures set out in Article III-243, the European Parliament

may pass a censure motion on the Commission. If such a motion is passed, the European

Commissioners and Commissioners must all resign

and the Union Minister for

Foreign Affairs must resign from the Commission.

The Commission shall continue to

handle everyday business until a new College is appointed.

Article I-26

[unchanged]

The President of the Commission shall:

lay down guidelines within which the Commission is to work;

decide its internal organisation, ensuring that it acts consistently, efficiently and on a

collegiate basis;

appoint Vice-Presidents from among the members of the College.

A European Commissioner or Commissioner shall resign if the President so requests.

The

Vice-President/Union Minister for Foreign Affairs shall resign if the President so

requests with the European Council's agreement.

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Article I-27

[unchanged]

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

Commission. He or she shall

ensure that the Union's action in external relations is

consistent with the common foreign and security policy. He 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 the

provisions of the above paragraph 2.

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ANNEX 7

JUDICIAL REVIEW OF LEGAL ACTS ADOPTED BY THE

EUROPEAN COUNCIL WHICH ARE INTENDED TO PRODUCE

LEGAL EFFECTS FOR THIRD PARTIES

Article III-270(1)

The Court of Justice shall review the legality of European laws and framework laws, of acts of the

Council of Ministers, of the Commission and of the European Central Bank, other than

recommendations and opinions, and of acts of the European Parliament

and of the European

Council

intended to produce legal effects vis-à-vis third parties. It shall also review the legality of

acts of bodies or agencies of the Union intended to produce legal effects vis-à-vis third parties.

Article III-272, first paragraph

Should the European Parliament,

the European Council,

the Council of Ministers, the Commission

or the European Central Bank, in infringement of the Constitution, fail to act, the Member States

and the other Institutions of the Union may bring an action before the Court of Justice to have the

infringement established. This provision shall apply, under the same conditions, to bodies and

agencies of the Union which fail to act.

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ANNEX 8

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 consultation of the European Central Bank

and the European

Parliament.

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ANNEX 9

AMENDMENT OF THE STATUTE OF THE ESCB AND OF

THE ECB

Article III-79

(new paragraph 7)

Article III-84(1) and 2(a) of the Constitution and Articles 10 to 12 and 43 of the Statute

of the European System of Central Banks and the European Central Bank may be

amended by a law of the Council, acting unanimously, either on a proposal from the

Commission and after consultation of the European Parliament and the European

Central Bank, or on a recommendation from the European Central Bank and after

consultation of the European Parliament and the Commission.

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ANNEX 10

APPOINTMENT OF MEMBERS OF THE EXECUTIVE BOARD

OF THE EUROPEAN CENTRAL BANK

Article III-84

[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 of Ministers, after it has consulted 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 11

"LAMFALUSSY PROCEDURE"

Declaration for incorporation in the Final Act

re Article I-35

The Commission declares that, in accordance with its established practice, it intends to

consult experts from the Member States in the preparation of delegated regulations in the

financial services area.

The Conference takes note of this Declaration.

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ANNEX 12

SIMPLIFIED PROCEDURE FOR AMENDING THE STATUTE OF

THE EUROPEAN INVESTMENT BANK

Article III-299

The European Investment Bank shall have legal personality.

The members of the European Investment Bank shall be the Member States.

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

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

unanimously, either at the request of the European Investment Bank and after consultation of

the European Parliament and the Commission, or on a proposal from the Commission and

after consultation of the European Parliament and the European Investment Bank.

By way of derogation from the fourth paragraph,

European laws may amend Articles 4, 11

and 12 and Article 18(5) of the Statute of the Bank, either at the request of the European Investment

Bank and after consultation of the Commission, or on a proposal from the Commission and after

consultation of the European Investment Bank.

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ANNEX 13

PROVISIONS SPECIFIC TO MEMBER STATES WHOSE

CURRENCY IS THE EURO

Article III-88

In order to ensure that economic and monetary union works properly, and in accordance with

the relevant provisions of the Constitution,

the Council shall, in accordance with the

relevant procedure out of those referred to in Articles III-71 and III-76, adopt

measures

specific to those Member States which are members of the euro area:

(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];

decisions establishing common positions on matters of particular interest 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(3));

(j)

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

without a derogation.

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Article III-91(4)

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

derogation shall be suspended for the adoption by the Council of Ministers 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)).

(b)

[……. remainder of paragraph unchanged]

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ANNEX 14

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 taking into account 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 judgments 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)

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 systems of the Member States and in particular

between the common-law systems and the others.

They shall concern:

(a)

mutual admissibility of evidence between Member States;

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(b)

(c)

(d)

the rights of individuals in criminal procedure;

the rights of victims of crime;

any other specific aspects of criminal procedure which the Council of Ministers has

identified in advance by a European decision. The Council of Ministers 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

of individuals.

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

infringe the fundamental principles of its legal system, it may request that the draft law

be referred to the European Council for discussion. In this case, the time limits of three

months or six weeks referred to in Article III-302 shall be extended by two months or

one month respectively.

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 cross-border

dimensions 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 of Ministers 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.

Without prejudice to Article III-165, such framework laws shall be adopted by the same

procedure as was followed for the adoption of the harmonisation measures referred to in the

preceding subparagraph.

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

referred to in paragraphs 1 or 2 would infringe the fundamental principles of its legal

system, it may request that the draft law be referred to the European Council for

discussion. If necessary, the time limits of three months or six weeks referred to in

Article III-302 shall be extended by two months or one month respectively.

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ANNEX 15

EUROPEAN PUBLIC PROSECUTOR'S OFFICE

Article III-175 (new)

In order to combat serious crime having a cross-border dimension, as well as crimes affecting

the

financial

interests of the Union, a European law of the Council of Ministers may establish

a European Public Prosecutor's Office from Eurojust. The Council of Ministers 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 serious crimes affecting more than one Member State and of 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.

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ANNEX 16

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 inter alia 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;

a high level of

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 of Ministers.

The Council of Ministers shall act unanimously after consulting the European Parliament.

The Council of Ministers, 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 of Ministers

shall act unanimously after consulting the European Parliament.

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ANNEX 17

COMMON SECURITY AND DEFENCE POLICY

Permanent structured cooperation

Article I-40(6)

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

binding commitments to one another 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 the provisions of Article III-213.

Article III-213

Those Member States which wish to participate in the permanent structured

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

commitments on military capabilities set out in the Protocol annexed to this Treaty

[title]

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

to the Commission.

The decision establishing permanent structured cooperation, including the list of

participants, who may not number fewer than [X], shall be taken within three months

following such notification, by the Council acting by a qualified majority after obtaining

the opinion of the Union Minister for Foreign Affairs.

If, at a later stage, a Member State wishes to participate in the cooperation thus

established, it shall inform the Council. The Council, acting by a qualified majority

after consultation of the Minister for Foreign Affairs, shall confirm the participation of

the Member State in question after checking that the conditions for its participation

have been fulfilled.

Without forming an obstacle to the preceding paragraphs, the appropriate provisions

relating to enhanced cooperation in the CFSP field (Articles III-325(2) and III-326(2))

shall apply to the permanent structured cooperation governed by this Article.

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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 give it aid and assistance by all the means in their power, military or other, in

accordance with Article 51 of the United Nations Charter.

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.

Article III-214

(deleted)

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ANNEX 18

QUALIFIED MAJORITY VOTING IN THE FIELD

OF THE COMMON FOREIGN AND SECURITY POLICY

Article III-201

(unchanged)

By way of derogation from paragraph 1, the Council of Ministers shall act by qualified

majority:

(a)

when adopting European decisions on Union actions and positions 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 on a proposal from the Union Minister for

Foreign Affairs;

when adopting any European decision implementing 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 of Ministers 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 of Ministers may, acting by a qualified majority, request

that the matter be referred to the European Council for decision by unanimity.

(unchanged)

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ANNEX 19

SOCIAL CLAUSE

Article III-2a

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.

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ANNEX 20

SOCIAL SECURITY

Article III-21

(new paragraph)

The adoption of the European law or framework law referred to in the first paragraph shall

not have a significant effect on the financial equilibrium of the social security system in any

Member State.

Declaration by the Commission for incorporation in the Final Act

re Article III-21 and Article III-168(2)

When drawing up proposals in the social security field, the Commission will take due account

of the impact of proposed changes which concern a single Member State.

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ANNEX 21

TAXATION

Article III-62(2)

Where the Council of Ministers, 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 substantive elements of the fiscal regimes of the

Member States,

it shall act, by way of derogation from paragraph 1, by a qualified majority, when

adopting a European law or framework law laying down those measures.

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ANNEX 22

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 different systems. The guarantees and practices existing in each

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

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ANNEX 23

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. In pursuing this objective,

particular attention shall be paid to rural areas and to areas which suffer from severe and

permanent natural or demographic handicaps such as the northernmost regions with very

low population density, island and mountain areas.

Article III-56

[unchanged]

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

(a)

(b)

(c)

[unchanged]

aid to facilitate the development of certain economic activities or of certain economic

areas,

particularly those which suffer from severe and permanent natural or

demographic handicaps,

where such aid does not adversely affect trading conditions

to an extent contrary to the common interest;

[unchanged]

(d)

(e)

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ANNEX 24

TRANSPORT

Article III-134

(new paragraph)

When the European law or framework laws referred to in the second paragraph 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.

CIG 52/03 ADD 1

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ANNEX 25

TECHNOLOGICAL RESEARCH AND DEVELOPMENT

Article III-146

The Union shall aim to strengthen the

its

scientific and technological bases,

with the aim of

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.

(unchanged)

Article III-149

A multiannual framework programme, setting out all the activities of

financed by

the Union,

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

Economic and Social Committee.

(unchanged)

A European law 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.

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.

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ANNEX 26

ENERGY

Declaration for incorporation in the Final Act re Article III-157

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

to take the necessary measures to ensure their security of energy supply under the conditions

provided for in Article III-16.

CIG 52/03 ADD 1

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ANNEX 27

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 and combating accidental or intentional serious threats

to health when they may have a European dimension.

(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.

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.

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In accordance with Article I-13(2)(k)

and by way of derogation from Article I-11(5),

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;

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 health products and

devices for medical use.

(b)

(c)

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

Regions and the Economic and Social Committee.

[unchanged]

According to the numbering in CIG 50/03.

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ANNEX 28

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 special nature, its structures based on voluntary activity and its social and

educational function.

Union action shall be aimed at:

(a)

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 29

TOURISM

Article I-16: Areas of supporting, coordinating or complementary action

The Union may take supporting, coordinating or complementary action.

The areas for supporting, coordinating or complementary action shall be, at European level:

–

industry,

protection and improvement of human health,

education, vocational training, youth and sport,

culture,

tourism,

civil protection.

[unchanged]

Article III-181a

(new)

The Union shall complement and support the action of the Member States to promote

the competitiveness of Union enterprises in the tourist sector.

To that end, Union action shall be aimed at:

encouraging the creation of a favourable environment for the development of

enterprises in this sector;

promoting cooperation between the Member States, particularly by the exchange

of good practice;

encouraging a better exploitation of tourist potential.

A European law or framework law shall establish specific measures to support 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 30

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 that the Council should 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. In the absence of opposition

by [X] national Parliaments within six months from the date of such notification, the

European Council may adopt the European decision referred to in paragraphs 1 or 2. If

the opposition of [X] national Parliaments is notified to the European Council within

that deadline, the European decision shall not be adopted.

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-24 – Qualified majority

(paragraph 4 deleted)

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ANNEX 31

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 the internal policies of the

Union (Title III of Part III), which do not have the effect of increasing the Union's

competences as defined in this Treaty.

Following consultation of the European Parliament and of the Commission, the

European Council shall adopt by a qualified majority amendments to Title III of

Part III of the Treaty establishing the Constitution.

Such amendments shall come into force following approval by the Member States in

accordance with their respective constitutional requirements.

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ANNEX 32

OVERSEAS TERRITORIES

Article IV-4, new paragraph 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 country or territory

referred to in paragraphs 2, 3, 5 and 6 of this Article, Article III-330 and Annex II. The

European Council shall act unanimously after consulting the Commission.

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ANNEX 33

ROTOCOL ON

ENMARK

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,

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 the

acquis

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 taking part in the Schengen cooperation will consider appropriate

measures 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.

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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 7, 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 the

acquis

of the Union nor form part of

Union law as they may 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, within a reasonable period, a measure referred to in paragraph 1cannot be adopted with

the participation of Denmark, the Council may adopt this measure in accordance with

Article 1 without the participation of Denmark. In that case, Article 2 shall apply.

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.

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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 is building upon the Schengen

acquis.

If Denmark does

not submit a notification in accordance with Articles 3 or 4 regarding measures building upon

the Schengen

acquis,

the Member States taking part in the Schengen cooperation will

consider appropriate measures 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 is building 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 by the Conference in relation to the Protocol on Denmark

The Conference takes note 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 takes note 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 compliance with Part I and

Part II of the Protocol on the position of Denmark.

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Declaration by the Conference on Articles I-42 and III-231 of the Constitution

Without prejudice to the measures adopted by the Union to comply with its solidarity obligation

towards a Member State which is the subject of a terrorist attack or the victim of a 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 more appropriate means to

comply with its own solidarity obligation towards that Member State.

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ANNEX 34

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 powers 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 35

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 36

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(9)

The Council of Ministers 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 for Union accession

to the European Convention for the Protection of Human Rights and Fundamental Freedoms.

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ANNEX 37

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, 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 38

ISCELLANEOUS

(

)

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, first paragraph

The Institutions, bodies, offices and agencies of the Union shall recognise the importance of

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, 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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(C)

RIGHT TO VOTE IN ELECTIONS TO THE EUROPEAN PARLIAMENT

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 basis

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

composition of the European Parliament, respecting the principles set out above.

2a.

The members of the European Parliament shall be elected for a term of five years by direct

universal suffrage in 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.

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Declaration of the Conference for incorporation in the Final Act

re Article 6 of the Protocol on the application of the principles of subsidiarity and

proportionality and re Article 8 of the Protocol on the role of national parliaments

in the European Union

Member States shall notify the Union's institutions of the addresses of the components of their

national Parliaments with which institutions should correspond in accordance with the

Protocol on the application of the principles of subsidiarity and proportionality, and the

Protocol on the role of national parliaments in the European Union.

(E)

CONVERGENCE CRITERIA

Article III-92, first paragraph

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 of Ministers 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)

(c)

[unchanged]

the observance of the normal fluctuation margins provided for by the exchange-rate

mechanism

of the European monetary system

for at least two years, without devaluing

against the euro;

[unchanged]

(d)

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.

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(

)

DETERMINATION OF THE PENALTY PAYMENTS IMPOSED BY THE COURT OF JUSTICE

Article III-267, third paragraph

When the Commission brings a case before the Court of Justice pursuant to Article III-265 on the

grounds that the State concerned has failed to fulfil its obligations to notify measures transposing a

European framework law, it may, when it deems appropriate,

specify the amount of

a lump sum or

penalty payment

to be paid by the Member State concerned which it considers appropriate in

the circumstances.

If the Court of Justice

finds that the Member State concerned has not complied with its

judgment, it may impose a lump sum or penalty

payment

on it not exceeding the amount

specified by the Commission. The payment obligation

shall take effect

on the date set

by the

Court of Justice in its judgment.

(

)

IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Article III-217, second paragraph

European laws or framework laws shall establish the measures

defining the framework for

implementing

the common commercial policy.

(

)

ENHANCED COOPERATION

–

REMOVAL OF THE BRIDGING CLAUSE AND CFSP

Article III-325, paragraph 2

In the framework of the common foreign and security policy, 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 of

Ministers. 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 of Ministers,

acting unanimously.

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Article III-326, paragraph 2

Any Member State which wishes to participate in enhanced cooperation in the framework of

the common foreign and security policy shall notify its intention to the Council of Ministers,

the Union Minister for Foreign Affairs and the Commission.

The Council of Ministers shall confirm the participation of the Member State concerned, after

consulting the Union Minister for Foreign Affairs and after noting where necessary that any

conditions of participation have been fulfilled. The Council of Ministers, on a proposal from

the Union Minister for Foreign Affairs, may also adopt any transitional measures deemed

necessary with regard to the application of the acts already adopted within the framework of

enhanced cooperation. However, if the Council of Ministers considers that any 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 of Ministers shall act

unanimously and

accordance with Article I-43(3).

Article III-328

(deleted)

(

)

SOLIDARIT

CLAUSE

(

ARTICLES

I-42

AND

III-231):

DEFENCE ASPECTS

Article III-231

Acting on a joint proposal by the Commission and the Union Minister for Foreign Affairs, the

Council of Ministers shall adopt a European decision defining the arrangements for the

implementation of the solidarity clause referred to in Article I-42.

The Council shall act in

accordance with Article III-210(1) where this decision has defence implications.

The

European Parliament shall be informed.

(unchanged)

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(

)

NATIONAL SECURITY

Article I-5(1): Relations between the Union and the Member States

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

internal

national

security.

(

)

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 negotiate and

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 on behalf of the

Union by the Council of Ministers, acting by a qualified majority, after obtaining the consent

of the European Parliament.

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