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Europaudvalget 2003-04
EUU Alm.del Bilag 814
Offentligt

merne af Folketingets Europaudvalg

stedfortrædere

Journalnummer

Kontor

400.C.2-0

EUK

29. april 2004

Til underretning for Folketingets Europaudvalg vedlægges dokument CIG 73/04 af 29. april 2004,

der udgør formandskabets udspil forud for mødet blandt regeringskonferencens kontaktpunkter

(focal points) i Dublin den 4. maj 2004. Som det fremgår, er dokumentet en revideret udgave af

den forslagspakke, CIG 60/03 ADD 1, der blev fremlagt umiddelbart forud for Det Europæiske

Råd i Bruxelles den 11. - 12. december 2003.

CONFERENCE

OF THE REPRESENTATIVES

OF THE GOVERNMENTS

OF THE MEMBER STATES

CIG 73/041

Brussels, 29 April 2004

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CIG 73/04

PRESID 16

NOTE

from:

dated:

to:

Subject:

Presidency

29 April 2004

Delegations

IGC 2003

– Meeting of Focal Points (Dublin, 4 May 2004)

working document

Delegations will find attached a working document for the meeting of Focal Points on Tuesday

4 May 2004. For ease of reference, it is based on document CIG 60/03 ADD1, with which

delegations are familiar.

The Presidency wishes to stress that this is purely a working document. It is not intended to be

seen in any way as a fresh overall Presidency proposal.

In particular, the Presidency does not believe that the time is ripe for discussion at this meeting

of a number of issues connected with the scope of Qualified Majority Voting. Therefore, as

will be seen from the document, no new proposals are made on these issues at this time. This

is without prejudice to future proposals the Presidency may bring forward.

The Presidency recalls that the President of the European Council, in writing to his colleagues

on 8 April, made clear that he assumed and expected that no concerns not already signalled will

be raised.

CIG XX/042

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INDEX

Annex 1

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

Annex 20

Annex 21

CIG 73/044

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

Equality between women and men

Equality of Member States in the application of Union law

Primacy of Union law

Explanations relating to the Charter of Fundamental Rights

Principle of Participatory Democracy

The formations of the Council of Ministers

Draft decision of the European Council on

the exercise of the Presidency of the Council of Ministers

The Minister for Foreign Affairs

European External Action Service

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

Council and the Union Minister for Foreign Affairs

Multiannual financial framework and structural funds

Budget procedure

Coordination of Economic Policy

Prudential supervision of credit institutions and other financial

institutions by the European Central Bank

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

"Lamfalussy Procedure"

Simplified procedure for amending the Statute of

the European Investment Bank

European Court of Justice control over procedural stipulations relating to

excessive deficit

Provisions specific to Member States whose currency is the euro

Judicial cooperation in criminal matters

European Public Prosecutor's Office

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Annex 22

Annex 23

Annex 24

Annex 25

Annex 26

Annex 27

Annex 28

Annex 29

Annex 30

Annex 31

Annex 32

Annex 33

Annex 34

Annex 35

Annex 36

Annex 37

Annex 38

Judicial cooperation in civil matters

Negotiation and conclusion of international agreements by Member States

relating to the area of Freedom, Security and Justice

Common security and defence policy

Qualified majority voting in the field of the common foreign

and security policy

Common Commercial Policy

Social clause

Social security

Taxation

Social policy

Economic, social and territorial cohesion

Transport

Technological research and development

Energy

Public health

Sport

Tourism

Simplified procedure for revising the Constitution: Movement from

unanimity to a qualified majority and from the special legislative procedure

to the ordinary legislative procedure

Simplified procedure for revising the Constitution: Amendment to

internal policies

Overseas territories

Protocol on Denmark

Services of general interest

The small neighbouring States of the Union

Accession of the Union to the European Convention on Human Rights

100

102

108

110

112

Annex 39

Annex 40

Annex 41

Annex 42

Annex 43

Annex 44

CIG 73/045

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Annex 45

Annex 46

Annex 47

Annex 48

Annex 49

Annex 50

Provisions relating to the institutions and bodies of the Union as regards

Bulgaria and Romania

Protection and welfare of animals

Capital and Payments

Restrictive Measures

Enhanced Cooperation

Miscellaneous

115

118

120

122

124

126

* * *

CIG 73/046

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ANNEX 1

THE UNION'S VALUES

RIGHTS OF PERSONS BELONGING TO

MINORITIES

EQUALITY BETWEEN WOMEN AND MEN

Article I-2

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

law and respect for human rights,

including the rights of persons belonging to minorities.

These

values are common to the Member States in a society

in which

pluralism,

non-discrimination,

tolerance,

justice, solidarity and

the principle of equality between women and men prevail.

* *

CIG 73/047

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The post-Naples text is maintained with a minor

linguistic change (EN version).

CIG 73/048

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ANNEX 2

EQUALITY OF MEMBER STATES IN

THE APPLICATION OF UNION LAW

Article I-5

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

their

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

regional and local self-government. It shall respect their essential State functions, including those for

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

security.

Following the principle of loyal cooperation, the Union and the Member States shall, in full mutual

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

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

obligations flowing from the Constitution or resulting from the Union Institutions' acts.

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

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

* *

CIG 73/049

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The post-Naples text has been amended to reflect the

outcome of further discussions with a view to addressing

the issue of the equality of Member States.

CIG 73/0410

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ANNEX 3

PRIMACY OF UNION LAW

Declaration for incorporation in the Final Act

re Article I-5a

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

* *

CIG 73/0411

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The post-Naples text is maintained.

CIG 73/0412

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ANNEX 4

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, which will be published in the "C" series of the Official Journal of the European Union.]

* * *

CIG 73/0413

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The post-Naples text is maintained.

CIG 73/0414

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ANNEX 5

PRINCIPLE OF PARTICIPATORY

DEMOCRACY

Article I-46, paragraph 4

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

the initiative of inviting the Commission, within the framework of its powers, to submit any appropriate

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

implementing the Constitution. A European law shall determine the provisions for the procedures and

conditions required for such a citizens' initiative,

including the minimum number of Member States

from which they must come.

* *

CIG 73/0415

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The proposed amendment to this article is designed to give

greater precision, as requested by some delegations.

CIG 73/0416

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ANNEX 6

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 the Union's action is

consistent.

The European Council shall adopt by a qualified majority a European 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 European decision of the European Council.

* *

Declaration for incorporation into the Final Act re Article I-23

The list of Council formations to be established by the Council shall be based on those agreed by

the Seville European Council.

* *

CIG 73/0417

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The post-Naples text is maintained, with the addition

of a draft Conference declaration relating to the

decision establishing the list of Council formations.

CIG 73/0418

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ANNEX 7

DRAFT DECISION OF THE EUROPEAN COUNCIL ON THE

EXERCISE OF THE PRESIDENCY OF THE COUNCIL OF MINISTERS

Article 1

The Presidency of the Council, with the exception of the Foreign Affairs formation, shall be held

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

made up on a basis of equal rotation among the Member States, taking into account their

diversity and geographical balance within the Union.

The Presidency of each Council formation shall rotate between the members of the group so that

each chairs each Council formation for one six-month period during the eighteen-month period.

The other members of the group shall assist the Presidency in all its responsibilities, including

through the assumption of certain functions of the Presidency, on the basis of a common

programme.

Article 2

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

fall to the Member State holding the Presidency, unless decided otherwise in accordance with the

procedure laid down in Article 4.

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

Union Minister for Foreign Affairs.

Article 3

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 4

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

for the implementation of this decision.

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

exercise of the Presidency of the Council of Ministers

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

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

Presidency of the Council of Ministers as soon as the Constitutional treaty is signed and should

give its political approval within six months.

* *

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The Presidency maintains most of the post-Naples text but, in response

to pressure from several delegations, submits a revised Article 1 which

provides for a team presidency, but allows for a six- monthly rotation of

the Presidency of Council formations within the team. Also included is

a draft Conference declaration related to Article 5 of the draft decision.

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ANNEX 8

THE MINISTER FOR FOREIGN AFFAIRS

Article I-25

(unchanged)

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

Without

prejudice to Article I-27(2),

the President, the European Commissioners, the Commissioners and the

Union Minister for Foreign Affairs shall, in the discharge of their duties, neither seek nor take instructions

from any government or other body.

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(3)

The President of the Commission shall:

(a) lay down guidelines within which the Commission is to work;

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

efficiently and on a collegiate basis;

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

The Union

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

European Council's agreement.

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Article I-27

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

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

her tenure by the same procedure.

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

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

she shall carry out as mandated by the Council. The same shall apply to the common security and defence

policy.

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

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

He or she shall

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

the extent that this is consistent with the provisions of the above paragraphs 2 and 3.

* *

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In the light of its bilateral contacts, the Presidency proposes a slight

realigning of the text of the articles on the Foreign Minister with the

provisions in Part III of the Treaty, in particular concerning the

relationship between external relations policy and CFSP.

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ANNEX 9

EUROPEAN EXTERNAL ACTION

SERVICE

Article III-197(3)

In fulfilling his or her mandate, the Union Minister for Foreign Affairs shall be assisted by a European External Action Service. This service shall work

in cooperation with the diplomatic services of the Member States.

The organisation and functioning of the European External Action Service

shall be established by a European Decision of the Council on a proposal from the Union Minister for Foreign Affairs. The Council shall

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

* **

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The proposed modification is intended to simplify the text, as well as

clarify the procedures for establishing the external action service.

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ANNEX 10

PROCEDURES FOR APPOINTING THE PRESIDENT OF THE COMMISSION, THE

PRESIDENT OF THE EUROPEAN COUNCIL AND

THE UNION MINISTER FOR FOREIGN AFFAIRS

Declaration for incorporation in the Final Act

re Article I-26

The Conference considers that, under the terms of the Constitution, the European Parliament and the European Council hold joint responsibility

for the smooth running of the process leading to the election of the President of the European Commission. Prior to the decision of the European

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

deemed the most appropriate. These consultations will focus on the backgrounds of the candidates for the Presidency of the Commission, taking

particular account of the elections to the European Parliament, in accordance with Article I-26(1). The arrangements for such consultations may be

determined in due course by mutual agreement between the European Parliament and the European Council.

Declaration for incorporation in the Final Act

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

In choosing the persons called upon to hold the offices of President of the European Council, President of the Commission and Union Minister for

Foreign Affairs due account is to be taken of the need to respect the geographical and demographic diversity of the Union and its Member States.

***

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The post-Naples text is maintained.

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ANNEX 11

MULTIANNUAL FINANCIAL FRAMEWORK

AND STRUCTURAL FUNDS

Article I-54

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

manner and within its own resources limits. It shall determine the amounts of the annual ceilings on

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 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 Council of Ministers shall act unanimously when adopting the first multiannual financial

framework

following the financial perspective in force on the date the Constitution is signed.

Article III-119

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

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

applicable to them and the provisions necessary to ensure their effectiveness and the coordination of the

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

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

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

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

the Economic and Social Committee.

Until the adoption of the provisions on the structural funds and the Cohesion Fund

amending those in force on the date on which the Treaty establishing the Constitution is signed,

the provisions implementing paragraph 1 shall be established by a European law of the Council.

The Council shall decide unanimously after consulting the European Parliament.

* * *

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The Presidency proposes some clarifications. However, some delegations

wish to return to the rule of unanimity combined with a "passerelle"

providing for the introduction of QMV. If this option were chosen, a

Declaration which states that the "passerelle" will be used once there is a

decision on Own Resources could be envisaged.

Separately, the Presidency proposes also a modification of Article

III-119, paragraph 2 in order to align the decision-making procedure

related to the next round of the structural funds and the cohesion fund

with the one related to the multiannual financial framework.

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ANNEX 12

BUDGET PROCEDURE

Article III-310

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

Each Institution shall, before 1 May, draw up estimates of its expenditure for the following year.

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

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

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

and to the Council not later than 15 June of the year preceding that in which the budget is to be

implemented.

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

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

The Council shall adopt its position

on the draft budget and forward it to the European Parliament

not later than 1 September of the year preceding that in which the budget is to be implemented. The

Council of Ministers shall inform the European Parliament fully of the reasons which led it to adopt its

position.

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

(a) approves the position of the Council, the European law establishing the budget shall

be adopted;

(b)

(c)

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

adopted;

adopts amendments by a majority of its component members, the amended draft shall be forwarded

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

with the President of the Council, shall immediately convene a meeting of the Conciliation

Committee. However, if within ten days of the draft being forwarded the Council informs the

European Parliament that it has approved all its amendments, the Conciliation Committee shall not

meet.

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

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

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

representatives and by a majority of the members representing the European Parliament within twenty-one

days of its being convened, on the basis of the positions of the European Parliament and the Council.

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

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

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

CIG 73/0433

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joint text, the European Parliament, acting by a majority of the votes cast, and the Council

shall

each have a period of fourteen days from the date of that agreement in which to approve the joint

text.

If within the period of fourteen days referred to in paragraph 6:

(a)

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

decision, or if one of these institutions approves the joint text

while

the other one fails to take a

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

be finally

adopted in

accordance with the joint text,

(b)

the European Parliament, acting by a majority of members and three-fifths of the

votes cast, and the Council both reject the joint text, or if one of these institutions rejects the

joint text while the other one fails to take a decision, either may ask for a new draft budget to

be submitted by the Commission, or

(c)

the European Parliament, acting by a majority of its members and three-fifths of the

votes cast, rejects the joint text while the Council approves it, the European Parliament may

ask for a new draft budget to be submitted by the Commission, or

(d)

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

the Parliament may, within fourteen days and acting by a majority of its members and three-fifths of

the votes cast, decide to confirm all or some of the amendments referred to in paragraph 4 (c).

Where a Parliament amendment is not confirmed, the position of the Council on the budget heading

which is the subject of the amendment shall be deemed to

adopted.

If, within the twenty-one days referred to in paragraph 5, the Conciliation Committee does not agree

on a joint text, the European Parliament may, within fourteen days, acting by a majority of its

component members and three fifths of the votes cast, decide to confirm all or some of its

amendments. Where a Parliament amendment is not confirmed, the position of the Council on the

budget heading which is the subject of the amendment shall be deemed to

adopted.

Where all or some of the amendments of the European Parliament are confirmed in accordance with

paragraph 7(d) or paragraph 8, the Council may, within a period of fourteen days from the date of

the European Parliament's decision, reject 1 the amended text and request 1 that a new draft budget

be submitted by the Commission. If within that period, the Council does not take a decision, the

European law establishing the budget shall be deemed to

be finally

adopted.

CIG 73/0434

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10.

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

Parliament shall declare that the European law establishing the budget has been definitively adopted.

Each institution shall exercise the powers conferred upon it under this Article in compliance with

the provisions of the Constitution and the acts adopted thereunder, with particular regard to the

Union's own resources and the balance between revenue and expenditure.

* *

11.

CIG 73/0435

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The post-Naples text has been redrafted to render it clearer in the case

where the conciliation committee agreed on a joint text.

CIG 73/0436

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ANNEX 13

COORDINATION OF

ECONOMIC POLICY

Article I-14, paragraph 1

The Member States shall co-ordinate their economic policies within the Union. To this

end, measures, in particular broad guidelines for these policies, shall be adopted.

* *

CIG 73/0437

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Article I-14 has been amended in order to reflect more

accurately the functioning of economic policy

coordination.

Article I-11.3 remains unchanged.

CIG 73/0438

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ANNEX 14

PRUDENTIAL SUPERVISION OF CREDIT

INSTITUTIONS AND OTHER FINANCIAL

INSTITUTIONS BY THE EUROPEAN CENTRAL BANK

Article III-77(6)

European laws

of the Council

may confer upon the European Central Bank specific tasks

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

institutions with the exception of insurance undertakings.

The Council shall act unanimously

after

consulting

the European Central Bank

and the European Parliament.

* *

CIG 73/0439

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The post-Naples text is maintained.

CIG 73/0440

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ANNEX 15

APPOINTMENT OF MEMBERS OF THE EXECUTIVE

BOARD OF THE EUROPEAN CENTRAL BANK

Article III-289a

[unchanged]

(a)

(b)

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

members.

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

appointed

by the European Council, acting by a qualified majority,

from among persons

of recognised standing and professional experience in monetary or banking matters, on a

recommendation from the Council, after 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.

* *

CIG 73/0441

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The post-Naples text is maintained.

CIG 73/0442

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ANNEX 16

"LAMFALUSSY PROCEDURE"

Declaration for incorporation in the Final Act

re Article I-35

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

Member States in the preparation of delegated regulations in the financial services area, in

accordance with its established practice.

* *

CIG 73/0443

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The post-Naples text is maintained.

CIG 73/0444

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ANNEX 17

SIMPLIFIED PROCEDURE FOR AMENDING

THE STATUTE OF

THE EUROPEAN INVESTMENT BANK

Article III-299

The European Investment Bank shall have legal personality.

Its members shall be the Member States.

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

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

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

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

Parliament and the Bank.

* *

CIG 73/0445

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The post-Naples text is maintained with minor

drafting amendments.

CIG 73/0446

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ANNEX 18

EUROPEAN COURT OF JUSTICE CONTROL OVER

PROCEDURAL STIPULATIONS RELATING TO

EXCESSIVE DEFICIT

Article III-76, paragraph 12

12.

The right to bring actions provided for in Articles III-265 and III-266 may, as regards

paragraphs 1 to 6, only be exercised as to the procedural stipulations in those paragraphs.

* *

CIG 73/0447

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The post-Naples text is maintained for now.

CIG 73/0448

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ANNEX 19

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

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

measures specific to those Member

States whose currency is the euro:

(a)

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

(b)

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:

[unchanged]

(a) – (h)

(i)

European 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(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

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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The post-Naples text is maintained.

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ANNEX 20

JUDICIAL COOPERATION IN CRIMINAL MATTERS

Article III-158

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

rights and the different legal traditions and systems of the Member States.

(unchanged)

Article III-171

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

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

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

European laws or framework laws shall establish measures to:

(a)

(b)

(c)

(d)

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.

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To the extent necessary

to facilitate mutual recognition of judgments and judicial decisions and

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

laws may establish minimum rules.

Such rules shall take into account the differences between the

legal traditions and systems of the Member States and in particular between the common-law

systems and the others.

They shall concern:

(a)

(b)

(c)

(d)

mutual admissibility of evidence between Member States;

the rights of individuals in criminal procedure;

the rights of victims of crime;

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

European decision. The Council shall act unanimously after obtaining the consent of the European

Parliament.

Adoption of

the

minimum rules

referred to in this paragraph

shall not prevent Member States from

maintaining or introducing a higher level of protection

of individuals.

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

this paragraph would infringe the fundamental principles of its legal system, it may request that

the draft law be referred to the European Council. In this case, the procedure referred to in

Article III-302 shall be suspended. After discussion, the European Council may:

(a)

(b)

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

referred to in Article III302, or

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

emanates to submit a new draft; in that case, the act originally proposed shall be deemed not

to have been adopted.

Article III-172

1. 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.

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

women and children, illicit drug trafficking, illicit arms trafficking, money-laundering, corruption,

counterfeiting of means of payment, computer crime and organised crime.

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

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

consent of the European Parliament.

the approximation of criminal legislation proves essential to ensure the effective

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

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

offences and sanctions in the area concerned. Such framework laws shall be adopted by the same

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

without

prejudice to Article III-165.

Where a member of the Council considers that a draft European framework law 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. In that case,

where the procedure referred to in Article III-302 is applicable, it shall be suspended. After

discussion, the European Council may:

refer the draft back to the Council, which terminates the suspension of the procedure

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

(a)

(b) request the Commission or the group of Member States from which the draft framework law

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

shall be deemed not t

o have been adopted.

* *

The issue of decision-making within the field of

judicial cooperation in criminal matters will

need to be examined within the contex

of overall

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discussions on the scope of QMV.

NEX

EUROPEAN

PUBLIC PROSECUTOR'S OFFICE

Article III-175

order to combat crimes affecting the financial interests of the Union, a European law of the

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

unanimously after obtaining the consent of the European Parliament.

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

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

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

paragraph 1. It shall exercise the functions of prosecutor in the competent courts of the Member States in

relation to such offences.

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

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

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

rules applicable to the judicial review of procedural measures taken

by it in the performance of its

functions.

The European Council may adopt a European decision amending paragraph 1 in order to

extend the powers of the European Public Prosecutor's Office to include serious crime having a

cross-border dimension and amending accordingly paragraph 2 as regards the perpetrators of and

accomplices in serious crimes affecting more than one Member State. The European Council

shall act unanimously after consultation of the European Parliament and the Commission.

The European Council's decision shall not enter into force until it has been approved by the

Member States, in accordance

with their respective

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constitutional rules.

* *

The post-Naples text is maintained for now.

The Presidency considers that the scope of the

EPP is linked to the over

l evolution

the JHA articles as a whole.

ANNEX 22

JUDICIAL COOPERATION

IN CIVIL MATTERS

Article III-170

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

based on the principle of mutual recognition of judgments and decisions in extrajudicial cases. Such

cooperation may include the adoption of measures for the approximation of the laws and regulations of

the Member States.

To this end, European

laws or framework laws shall lay down measures, particularly when

necessary for

the proper functioning of the internal market, aimed at ensuring:

(a) the mutual recognition and enforcement between Member States of judgments and decisions in

extrajudicial cases;

(b)

the cross-border service of judicial and extrajudicial documents;

jurisdiction;

(d)

(e)

cooperation

in the taking of evidence;

effective access to

justice;

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European Parliament.

* *

The

post-Naples text is maintained.

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ANNEX 23

NEGOTIATION AND CONCLUSION OF INTERNATIONAL AGREEMENTS BY

MEMBER STATES RELATING

THE AREA OF FREEDOM, SECURITY AND JUSTICE

Declaration for incorporation in the Final Act

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

or international organisations in the areas covered by Sections 3, 4 and 5 of Chapter IV of Title III of Part

III of the Treaty establishing a Constitution for Europe insofar as such agreements comp

ly with Union law.

* *

he post-Naples text is maintained.

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ANNEX

COMMON SECURITY AND DEFENCE POLICY

Article III-211 (2)

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

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

States shall inform the

Council immediately should the completion of the task involve major consequences or require amendment

of the objective, scope and conditions for the task determined in the European decisions referred to in

paragraph 1. In such cases, the Council

shall adopt the necessary European decisions.

Permanent

structured cooperation

Article I-40(6)

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

commitments in this area with a view

to the most

demanding missions shall establish permanent

structured cooperation within the Union framework. Such cooperation

shall be governed by Article

III-213. It shall not affect the

provisions of Article II-210.

Article III-213

Those Member States which wish to participate in the permanent structured cooperation defined in

Article I-40(6), which fulfil the criteria and have made the commitments on

military capabilities set out

the Protocol on permanent structured cooperation shall notify their intention to the Council and

to the

Union Minister for Foreign Affairs.

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

decision establishing permanent structured cooperation and determining the list of participating

member States. The

Council shall

act by a qualified majority after consulting the Union Minister

for

Foreign Affairs.

Any Member State which,

at a later stage, wishes

to participate

in the permanent structured

cooperation shall notify its intention to the Council and to the Union Minister for Foreign Affairs.

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The Council shall adopt

a European

decision confirming

the participation of the Member State

concerned which fulfils the criteria and makes the commitments

referred to in Articles 1

and

of the

Protocol referred to in paragraph 1. The Council shall act by a qualified majority after consulting

the

Union Minister for Foreign Affairs. Only Members of the Council representing the participating

Member States shall take part in the vote. A qualified majority shall be defined as a majority of

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

three

ifths

of the

population

of those Member

States .

If a participating

Member State no longer fulfils the criteria

or is no longer able to meet the

commitments, referred to in Articles 1

and 2 of the Protocol

mentioned in paragraph 1, the Council

may adopt a European

decision suspending the

participation of the Member State concerned.

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

participating Member States, wit

the exception of the Member State in question , shall take part

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

representing the participating Member States, with the exception of the Member State in

question, comprising at least three fifths

the population

of those Member States.

Any participating

Member

State which wishes to

withdraw from permanent structured

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

State

in question

has ceased

to participate.

The European

decisions and recommendations

by the Council adopted

within the framework

of structured cooperation, other than those provided for in paragraphs 2 to 5, shall be adopted by

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

representatives

of the

participating Member States only.

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Closer cooperation on mutual defence

Article I-40(7)

If a Member State is the victim of armed aggression on its territory, the other Member States shall have

towards it an obligation of aid and assistance by all the means in their power, in accordance

with Article 51

of the United Nations Charter. This shall not prejudice the specific character of the security

and

defence policy of certain Member States.

Commitments and cooperation in this area shall be consistent with commitments under NATO, which, for

those States which are members of it, remains the foundation of their collective defence and the

forum for

ts implementation.

Article III-214

(deleted)

Protocol on permanent structured cooperation

established by

ticles I-40(6) and III-213 of the Constitution

THE HIGH CONTRACTING PARTIES,

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

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

of growing convergence of action by Member States.

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

security policy; that it provides the Union with operational capacity drawing on assets civil and military;

that the Union may use such assets on missions referred to in Article III-210 outside the Union for

peace-keeping, conflict prevention and strengthening international security in accordance with the

principles of the United Nations Charter; that the performance of these tasks is to be undertaken using

capabilities provided by the Member State in accordance with the principle of a single set of forces;

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

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

RECALLING that the common security and defence policy of the Union respects the obligations under t

he North Atlantic Treaty of those Member States, which see their common defence realised in the North

Atlantic Treaty Organisation, which remains the foundation of the collective defence of its members, and

is compatible with the common security and defence policy established within that framework;

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

vitality of a renewed Atlantic Alliance, in accordance with the Berlin Plus arrangements;

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

international community;

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

implementation of missions undertaken under Chapters VI and VII of the United Nations Charter;

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

States in the area of capabilities;

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

policy involves a determined effort by the Member States concerned;

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

relating to permanent structured cooperation;

HAVE AGREED UPON the following provisions, which s

ll be annexed to the Constitution:

Article 1

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

any Member State which undertakes, from the date of entry into force of the Treaty establishing a

Constitution for Europe, to:

(a)

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

contributions and participation, where appropriate, in multinational forces, in the main European

equipment programmes, and in the activity of the European agency in the field of defence

capabilities development, research, acquisition and arma

ents (hereinafter referred to as the "Age

ncy") , and

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(b) ave the capacity to supply by 2007 at the latest, either at national level or as a component of

multinational force groups, targeted combat units for the missions planned, structured at a tactical level as

combat formations, with support elements including transport and logistics, capable of carrying out the

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

the United Nations Organisation, and which can be sustained for an initial period of 30 days and

extended up to at least 120 days.

Article 2

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

cooperation shall undertake to:

(a)

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

view to achieving approved objectives concerning the level of investment expenditure on defence

equipment, and regularly review these objectives in the light of the security environment and of the

Union's international responsibilities;

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

the identification of their military needs, by pooling and, where appropriate, specialising their defence

means and capabilities, and by encouraging cooperation in the fields of training and logistics;

(b)

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

their forces, in particular by identifying common objectives regarding the commitment of forces,

including possibly reviewing their national decision-making procedures;

(d)

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

multinational approaches, and without prejudice to undertakings in this regard within NATO, the

shortfalls, perceived in the fram

ork of the "Capability Development Mechanism" ;

(c)

(e)

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

mmes in the framework of the Agency.

Article 3

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

regard to capabilities, in particular contributions made in

accordance

with the criteria to be established inter

alia on the basis of Article 2, and shall report on at least once a year. The assessment may serve as a basis

for Council recommendations, and decisions adopted in accordance with Article III-213

of the Constitution.

* *

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The

post-Naples text is maintained.

ANNEX 25

QUALIFIED MAJORITY VOTING IN THE FI

ELD

OF THE COMMON FOREIGN

AND SECURITY

POLICY

Article III-201

(a)

(unchanged)

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

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

decision of the European Council relating to the Union's strategic interests and objectives, as referre

d to in Article III-194(1);

when adopting, on a proposal

from the Union Minister for Foreign Affairs, a European decision

defining a Union action or position, on a proposal which the Union Minister for Foreign Affairs has

presented following a specific request to him or her from the European Council made on its own

initiative or that of the Minister;

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

position;

(b)

(c)

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

accordance with Article III-203.

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

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

The Union Minister for Foreign Affairs will, in close consultation with the Member State involved, search

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

by a

qualified

majority,

request that the matter

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be referred to the European Council for decision by unanimity.

3. (unchanged)

4. (unchanged)

* *

The issu

of decisi

on-making

within

CFSP will

eed to be examined

within the context of overall discussions on the scope of QMV.

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ANNEX 26

COMMON COMMERCIAL POLICY

Article III-217

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

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

services and the commercial aspects of intellectual property, foreign direct investment, the achievement

of uniformity in measures of liberalisation, export policy and measures to protect trade such as those to

be taken in the event of dumping or subsidies. The common commercial policy shall be conducted in

the context of the principles

and objectives of the Union's external

action.

European laws or framework laws shall establish the measures defining the framework for

implementing the common commercial policy.

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

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

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

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

ensuring that the agreements negotiated are compatible with internal Union policies and rules.

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

the Council to assist the Commission in this task and within the framework of such directives as the

Council may issue to it. The Commission shall report regularly to the special committee and to the

European Parliament on the progress of negotiations.

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

act by qualified majority.

For the negotiation and conclusion of agreements

in the fields of trade in services involving

the

movement of persons and the commercial aspects of intellectual property, as well as Foreign Direct

Investment, the Council shall act unanimously where such agreements include provisions for which

unanimity is required for the adoption of internal rules.

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

trade in cultural and audiovisual services, where these risk prejudicing the Union's cultural and linguistic

diversity.

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

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

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

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

to harmonisation of legisla

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tive or regulatory provisions of Member States insofar as the Constitution

excludes such harmonisation.

* * *

It is important for the sake of legal consistency to ensure parallelism between the

voting rules for external agreements and internal legislation. The suggested new

paragraph 4, second subparagraph therefore provides that by derogation from the

majority rule, unanimity shall be required for all agreements relating to trade in

services to the extent that they include provisions for which unanimity is required

for the adoption of internal rules concer

ning

such ser

vices. For the same reason it is suggested to add foreign direct investment in the scope of the

derogation.

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ANNEX 27

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 aga

inst social exclusion, and a high level

of educatio

n, training and protection of human health.

* *

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The post-Naples text is maintained.

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ANNEX 28

SOCIAL SECURITY

Article III-21

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

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

employed and self-employed migrant workers and their dependants:

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

amount of benefit, of all periods taken into account under

the laws of the several countries;

(b)

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

Where a Member of the Council considers that a draft European framework law referred to

in paragraph 1 would infringe the fundamental principles of its social security system or would

significantly affect the overall financial balance of that system, t may request that the matter be

referred to the European Council. In that case, the procedure referred to in Article III(302

shall be suspended. After discussion, the European Council may:

(a) refer the draft back to the Council, which shall terminate the suspension of the procedure

referred to in Article III(302, or

(b)

request

the Commission to submit

a new draft; in that case, the act originally

proposed shall be deemed not to have been

adopted.

* *

The issue of decision-making wit

hin

the field

of social security will need to be examined within

the context of overall discussions on the scope of

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QMV.

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ANNEX 29

TAXATION

Article III-62, paragraph 2

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

that the measures

referred to in paragraph 1 relate to administrative

cooperation

or combating tax fraud and

tax

evasion and that they do not affect the fiscal regimes of the Member States, it shall act, by way of

derogation from paragraph 1, by a

qualified majority, when adopting a European law or

framework law laying down those measures.

* *

The issue of decision-making

in th

e field of taxation will need to be examined in the context of the overall discussions on the scope

of QMV.

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ANNEX 30

SOCIAL POLICY

Declaration for incorporation in the Final Act re Article III-107

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

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

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

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

not to harmonise national systems. The guarantees

and practices existing i

n each Member State as regards the resp

onsibility

the social partners will not be affected.

* * *

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The post-Naples text is maintained.

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ANNEX 31

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, areas affected by industrial transition, and areas which suffer

from severe and permanent natural or demographic handicaps such as the northernmost regions

with very low population density, and some island, cross-border and mountain areas.

Article III-56, paragraph 3, (a)

(a)

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

aid to promote the

economic development of areas where the standard of living is abnormally

low or where there is serious underemployment,

and of the

regi

ons referred to in Article III-330, in view of their

structural economic and social situation.

* *

The post-Naples text is amended slightly to include a

reference to areas affected by industrial transition as

requested by several delegations. M

oreover,

the P

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residency pr

poses to modify Art

icle III-56, parag

raph 3, (a) in order to respond to some strong concerns.

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ANNEX 32

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

liv

ing and level of employment in certain regions,

d the operation of transport facilities.

* * *

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The post-Naples text is maintained.

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ANNEX

TECHNOLOGICAL RESEARCH AND DEVELOPMENT

Article III-146(1)

The Union's action shall aim to strengthen the its scientific and technological

bases, by

achieving a European research area

in which researchers, scientific

knowledge and technology circulate

freely, and encourage it to become more competitive, including in its

industry, while promoting

all the

research activities deemed necessary by virtue of other

Chapters

of the Constitution.

Article III-149

A multiannual framework programme, setting out all the activities financed by the Union, shall

enacted

by European laws. Such laws shall be adopted

after consultation of

the Economic and

Social Committee.

(unchanged)

A European law of the Council shall establish specific programmes to implement the framework

programme within each activity. Each specific programme shall define the detailed rules for implementing

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

necessary, fixed in

the specific programmes, may not exceed the overall maximum amount fixed for

the framework programme and each activity. Such a law shall be adopted after consulting the

European Parliament and the Economic and Social Committee.

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

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

European research

area. Such a law

all be adopted after consulting the Eur

opean Parliame

nt and th

Economic and Social

Committee.

* *

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The post-Naples text is maintained.

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ANNEX 34

ENERGY

Article III-157

(a)

(b)

(c)

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

environment, Union policy on energy shall aim to:

ensure the functioning of the energy market,

ensure security of energy supply in the Union, and

promote energy efficiency and saving and the development of new and renewable forms of energy.

The measures necessary to achieve the objectives in paragraph 1 shall be enacted in European laws

or framework laws. Such laws shall be

adopted after consultation of the Committee of the Regions

and the Economic and Social Committee.

Such

laws or framework laws shall not affect a

Member State's right to determine the conditions for

exploiting its energy resources and the structure of its supply, without prejudice to Article

III-130(2)(c).

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

The Conference believes that Article III-157 does

not affect the right of

the Member States to take the necessary

measures

to e

nsure their ener

y supply under the conditions

provided for in Article III-16.

* *

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The post-Naples text is maintained.

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ANNEX 35

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;

(b)

monitoring, early warning and combating serious threats to health when they may affect more than

one Member State.

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

information and prevention.

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

in this Article and, if necessary, lend support to their

action. It shall in particular, encourage

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

cross-border areas.

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

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

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

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

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

European Parliament shall be kept fully informed.

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

international organisations in the sphere of public health.

By way of derogation from Article I-11(5) and Article I-16(a) and in accordance with Article I-13(2)(k), European laws or framework laws shall

contribute to the achievement of the objectives referred to in this Article by establishing the following measures in order to meet common safety

concerns:

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;

(a)

(b)

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

protection of public health;

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devices for

medical use.

(d)

measures concerning monitoring, early warning and combating serious threats to health when they

affect more than one Member State.

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

the Economic and Social Committee.

European laws or framework

laws may also establish incentive measures designed to protect

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

well as measures which have as

their direct objective the protection of public health regarding

tobacco

and the abuse of alcohol. These European laws or framework laws cannot provide for any

harmonisation of the

laws and

regulations of the Member States. They shall be adopted after

consultation of the Committee of the Regions

and the Economic and Social Committee.

(unchanged)

Union action in the field of public health shall respect

the responsibilities of the Member States

for the definition of their health policy and for the organisation and delivery of health services and

medical care.

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

and medical care and the allocation of the resources assigned to

them. Measures referred to in paragraph 4(a) shall not affect national

provisions on the donation or medical use of organs and blood.

* *

The Presidency proposes that the post-Naples text be further amended. The revised text includes a reference in paragraph 4 to

an additional provision allowing for measures concerning monitoring, early warning and combating serious threats to health

when they affect more than one member State. Paragraph 5

contains a

referenc

to measures relating

to tobacco and the abuse of alcohol. In paragraph 7 it is proposed that the

reference to public health be deleted.

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ANNEX 36

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;

(b)

(c)

(d)

(e)

(f)

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;

(g) developing the European dimension in sport, by promoting fairness and openness in 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.

The Union and the Member States shall foster

cooperation

with third countries

and the competent international organis

ations

in th

e field

education and sport,

in particular the Council of Europe.

(unchanged)

* *

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The post-Naples text is maintained.

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ANNEX 37

TOURISM

Article I-16

The Union shall have competence to carry out supporting,

coordinating

or complementary action. Such

action shall, at European level, be:

protection and improvement of human

health;

(a)

(b)industry;

(c)

culture;

(c)a tourism;

(d)

education, youth, sport and vocational training;

(e)

civil protection.

(f)

administrative cooperation.

Article III-181a

(new)

The Union shall complement 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:

(a) encouraging the creation of a favourable environment

for the development of enterprises in

this sector;

(b)

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

practice;

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

within the Member State

s to achieve the objectives referred to

this Arti

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cle, excluding any harmonisation of the laws and regulations of the

Member States.

* * *

The post-Naples text is maintained.

ANNEX 38

SIMPLIFIED PROCEDURE

FOR

REVISING THE C

ONSTIT

UTION

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. If a national Parliament makes known

its opposition within six months of the date of such notification, the European decision referred to

in paragraphs 1 or 2 shall not be adopted. In the absence of opposition, the European Council

may adopt the decision.

For the adoption of the European decisions referred to in paragraphs 1 and 2, the European

Council shall act by unanimi

ty after obtaining th

consent

of the European Parliament

, which

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The post-Naples text is maintained.

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ANNEX 39

SIMPLIFIED PROCEDURE FOR REVISING THE CONSTITUTION

AMENDMENT TO INTERNAL POLICIES

Article IV-7b

(new)

The Government of any Member State, the European Parliament or the Commission may

submit to the European Council proposals for revising all or part of the provisions of Title III of

Part III on the internal policies of the Union.

The European Council may adopt a European decision amending all or part of the

provisions of Title III of Part III. The European Council shall act by unanimity after consulting

the European Parliament and the Commission.

Such a decision shall not come into force until it has been approved by the Member States in

accordance with their respective

constitutional requir

ements.

3. The European decision referred to in paragraph 2 may not increase the

competencies attributed to the Union by this Treaty.

* *

The Presidency considers that further consideration might be given to

the

possibilit

y of requiring the con

sent

of the European Parliament

the Council decision on amending all or part of the provisions

of Title III of Part III.

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ANNEX 40

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 French, Netherlands or Danish

overseas country or territory referred to in paragraphs 2 and 3 of this Article. The European

Council shall act unanimously after consulting the Commission.

Declaration of the Conference

re Article IV-4

The High Contracting Parties agree that the European Council, in application of Article IV-4(7)

of the Constitution, will take a European decision leading to the modification of the status of

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

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

when the French autho

rities notify the European Council and the

Commission that the evolution currently underway

in the internal status of the island allows.

* *

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and respond to some

dele

gations' concerns. Moreover, the Presidency prop

oses to add a declaration clarifying the specific

situation of Mayotte.

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ANNEX 41

PROTOCOL ON DENMARK

Amended Protocol No 5 on the position of Denmark

THE HIGH CONTRACTING PARTIES,

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

Edinburgh on 12 December 1992, concerning certain problems raised by Denmark on the Treaty on

European Union,

HAVING NOTED the position of Denmark with regard to citizenship, economic and monetary union, defence policy, and justice and home affairs as laid

down in the Edinburgh decision,

CONSCIOUS of the fact that a continuation under the Constitution

of the legal regime originating in the Edinburgh decision will significantly li

mit De

nmark's participation in important areas of cooperation

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

acquis in the area of freedom, security and justice,

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

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

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

accordance with its constitutional requirements,

NOTING that

Denmark will not prevent

the o

ther 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

f 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

Denmark; and no such provision, measure

or decision shall in

any way affect the competencies, rights and obligations of Denmark; and no such provision, measure or

decision shall in any way affect the acquis communautaire and of the Union nor form part of Union law as

they apply to Denmark.

Article 3

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

administrative

costs

entailed for the institutions.

Article 4

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

build

upon

the Schengen acquis covered by Part I of this Protocol whether it will implement this measure in its

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

Denmark and

the other Member States bound by

the measure.

If Denmark

decides

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

Member States bound by that measure and Denmark will consider appropriate

steps

to be taken.

3.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 Counc

il, 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

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 6 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 competencies,

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

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

Article 3

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

or initiative has been presented to the

Council

pursuant to Part III, Title III, Chapter

IV of the

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

measure, whereupon Denmark shall be entitled to do so.

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

with Denmark taking part, the Council may adopt such measure in accordance with Article 1 without the

participation of Denmark. In that case Article 2 applies.

Article 4

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

Constitution notify its intention to the

Council and the

Commission that it wishes to accept that measure. In

that case, the procedure provided for in Article III-326(1) of the Constitution shall apply mutatis mutandis.

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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. In case Denmark does not submit

notification in accordance with Articles 3 or 4 regarding measures building upon the Schengen acquis, the

Member States bound by those measures and

Denmark

will consider appropriate steps to be taken.

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

Schengen acquis shall be deemed irrevocably to be a notification pursuant to Article 3

with respect

to any

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

initiative 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 notes that with respect to legal acts to be adopted by the Council acting alone or jointly with the European Parliament and containing

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

applies, Denmark declares that it will not use its voting right to prevent the adoption of the provisions which are not applicable to Denmark.

Furthermore, the Conference notes that on the basis of the Declaration by the Conference on Articles I-42 and III-231 of the Constitution Denmark declares

that Danish participat

ion

in action

s or legal acts pursuant to Articles I-42

and

III-231

ill take place with respect o

f Pa

I and Part

II of the Protocol on the position

Denmark.

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The post-Naples text is maintained.

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ANNEX 42

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 pr

ejudice to the competence of Member States,

in accordan

ce with the Constitution, to provide, to co

mmission

and to fund such services.

* * *

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The post-Naples text is maintained.

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ANNEX 43

THE SMALL NEIGHBOURING STATES OF THE UNION

Declaration for incorporation in the Final

Act re Article I-56

he Union will take into account the particular

situat

ion of small-sized States which maintain specific relations of

oximity

with it.

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The post-Naples

text is maintained.

CIG 73/04104

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ANNEX 44

ACCESSION OF THE UNION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Article I-7

[unchanged]

The Union shall accede to the European C3

onvention for the

Protection of Human Rights and

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

Constitution.

[unchanged]

Article III-227, paragraph 8

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 adop

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

III-221 with the States

which are candidates for accession.

Protocol relating to Article I-7, paragraph 2,

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

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

Rights provided for in Article I-74

, paragraph 2 of the Constitution shall take into account

the following:

the specific characteristics of the Union and Union law, i5 n particular with regard to:

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

Convention on Human Rights,

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

are correctly addressed to Member States and/or the Union as appropriate;

The agreement referred to in paragraph 1 shall ensure that nothing therein shall affect the situation

of Member States in relation to the European Convention on Human Rights, in particular in relation to the

Protocols to the Convention, measures taken by Member States derogating from the Convention in

accordance with Article 15 thereof and reservations to the Convention made by Member States in

accordance wit

h Article 57 thereof.

Nothing in the agreement referred to in paragraph 1 shall affect Article III-281, paragraph 2 of the Constitution.

CIG 73/04105

* *

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rotocol

which is designed to meet the concerns of some delegations.

CIG 73/04106

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ANNEX 45

PROVISIONS ON THE INSTITUTIONS AND BODIES OF THE UNION

FOR BULGARIA

AND ROMANIA

Declaration of the Conference on the Protocol

on the transitional provisions relating to the Institutions and bodies of the Union

The common position which will be taken by the Member States at the conferences on the accession to the

Union of Romania and/or Bulgaria regarding the allocation of seats in the European Parliament and the

weighting of votes in the European Council and the Council shall be as follows.

If the accession to the Union of Romania and/or Bulgaria takes place before the entry into force of

the European Council Decision referred to in Article I-19(2) of the Constitution, the allocatio

SEATS IN THE EP

n of seats in the European

Parliament throughout the

2004-2009 parliamentary term

will be in accordance with the

following

table for a Union of

27 Member States.

MEMBER STATES

Germany

United Kingdom

France

Italy

Spain

Poland

Romania

Netherlands

Greece

Czech Republic

Belgium

Hungary

Portugal

Sweden

Bulgaria

18 Austria 18 Slovakia 14 Denmark 14 Finland 14 Ireland 13 Lithuania 13 Latvia 9 Slovenia

7 Estonia 6 Cyprus 6 Luxembourg 6 Malta 5 TOTAL 785

CIG 73/04107

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The Treaty of Accession to the Union will therefore, by way of derogation from Article I-19(2) of the

Constitution, stipulate that the number of members of the European Parliament may temporarily exceed

736 for the remainder of the 2004 to 2009 Parliamentary term.

In Article 2(2) of the Protocol on the transitional provisions relating to the Institutions and bodies

of the Union, the weighting of the votes of Romania and Bulgaria in the European Council and the

Council will be set at 14 and 10 respectively.

At the time of each accession, the thresh ld referred t

o in the Protocol on the transitional provisions relating to the

Institutions and bodies of the Union shall be decided by the

Council.

* *

The

inexact

calcu

lation of the numbers of seats for

Romania

(and result

ing changes

the total number of seats) was corrected in comparison with

CIG 60/03 ADD 1.

CIG 73/04108

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ANNEX 46

PROTECTION AND WELFARE OF ANIMALS

Article III-5a

(new text)

In formulating and implementing the Union's agriculture, fisheries, transport, internal market,

research and technological development and space policies, the Union and the Member States

shall pay full regard to the welfare requirements of animals, as sentient beings, while respecting

the legislative or administ

in particular to relig

ious rites, cultural traditions and regional heritage.

rative provisions and customs of Member States

relati

* *

CIG 73/04109

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The post-Naples text is maintained.

CIG 73/04110

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ANNEX 47

CAPITAL AND PAYMENTS

Art. III-47 paragraph 4

In the absence of a European law or framework law foreseen in article III-46 (3), the

Council may adopt a European decision confirming that restrictive tax measures adopted by a

Member State concerning one or more third countries are to be considered compatible with the

Constitution in so far as they are justified by one of the

objectives of the Union and

compatible with the proper functioning of the internal

market. The Council shall act unanimously on a

proposal from the Commission.

The Presi

dency proposes

an addition to the Convention text in order to meet the concerns of some delegations

over these provisions.

CIG 73/04111

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ANNEX 48

RESTRICTIVE MEASURES

Art.

III-49

Where necessary

to achieve the objectives set out in Article III-158, in particular as regards preventing and

combating organised crime, terrorism and related activities trafficking in human beings, European laws

shall define a framework for administrative measures with regard to capital movements and payments, such

as the freezing of funds, financial assets or economic gains belonging to, or owned or held by, natural or

legal persons, groups or non-state entities.

The Council,

on a proposal from the Commission, shall adopt European regulations or European

decisions in order to implement

the laws referred to in the first paragraph.

The acts referred to in this article shall include necessary provisions on legal safeguards.

Article III-224

Where a European decision, adopted on the basis of Chapter II of this Title, provides for the

interruption or reduction, in part or completely, of economic and financial relations with one or more third

countries, the Council, acting by a qualified majority on a joint proposal from the Union Minister for

Foreign Affairs and the Commission, shall adopt the necessary European regulations or decisions. It shall

inform the European Parliament thereof.

Where a European decision adopted on the basis of Chapter II of this Title so provides,

the

Council may adopt restrictive measures under the procedure referred to in paragraph 1

against

natural or legal persons and non-State groups or bodies.

The acts referred to in this article shall include necessary provisions on legal safeguards.

Declaration

The Conference recalls that the respect for fundamental rights and freedoms implies, in

particular, that proper attention is given to the protection and observance of the due process

rights of the individuals or entities concerned. For this purpose and in order to guarantee a

thorough judicial review of decisions subjecting an individual or entity to restrictive

measures, such

CIG 73/04112

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decisions must be based on clear and distinct criteria. These criteria

should be tailored to the specifics of each restrictive measure.

* *

The Presidency proposes several amendments to the Convention text, as

well as a declaration, in order to meet the concerns of some delegations

over these pr

ovisions.

These

amendments requi

some

changes to be made in addition

to Article III–224, in order to avoid an a contrario effect. A draft

text is proposed.

CIG 73/04113

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ANNEX 49

ENHANCED COOPERATION

Article III-324, paragraph 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, paragraph 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, paragraph 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 deadli

ne for re-examining

the request for participat

CIG 73/04114

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ion.

For the purposes of this paragraph, the Council shall

act unanimously and in accordance with Article

I-43(3).

Article III-328

(deleted)

* * *

The Presidency proposes to maintain the post-Naples

text

Several

deleg

ations neverth

ess

wish to retain the "passerelle", allowing for the introduction of QMV and legislative procedure

within enhanced cooperation.

CIG 73/04115

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ANNEX 50

MISCELLANEOUS

(A)

NON-INTERFERENCE BETWEEN CFSP

PROCEDURES AND THOSE OF OTHER

AREAS OF THE UNION'S ACTIVITIES

Article III-209

The implementation of the common foreign and security policy

shall not affect the application of the

procedures and the extent of the powers of the institutions laid down by the Constitution for the exercise

of the Union competencies 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

competencies under this Chapter.

(B)

PUBLIC ACCESS TO DOCUMENTS OF THE EUROPEAN INVESTMENT BANK

Article III-305, paragraph 1

The Institutions, bodies, offices and agencies of the Union shall ensure transparency in their work and

shall, in application of Article I-49, lay

down in their rules of procedure

the specific provisions for public

access to documents.

The Court of Justice of the

European Union, the European Central Bank and

the

European Investment Bank shall be subject to the provisions of Article

I-49(3) and

to the

present

Article only when exercising their administrative tasks.

CIG 73/04116

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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 se

ven 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 European decision establishing the composition of the

European Parliament, respecting the principles set out in the first

paragraph

above.

2a.

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

universal suffrage in a free and

secret ballot.

[unchanged]

(D)

ROLE OF NATIONAL PARLIAMENTS – PROTOCOLS ON SUBSIDIARITY AND

NATIONAL PARLIAMENTS

Protocol on subsidiarity

Article 6

Each national Parliament shall have two votes,

shared out on the basis of the national pa

rliamentary 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.

CIG 73/04117

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(E)

CONVERGENCE CRITERIA

Article III-92, paragraph 1

At least once every two years, or at the request of a Member State with a derogation, the Commission and

the European Central Bank shall report to the Council on the progress made by the Member States with a

derogation in fulfilling their obligations regarding the achievement of economic and monetary union.

These reports shall include an examination of the compatibility between each of these Member States'

national legislation, including the statutes of its national central bank, and Articles III-80 and III-81 and the

Statute of the European System of Central Banks and the European Central Bank. The reports shall also

examine

whether a

high

degree of sustainable

convergence has been achieved, by analysing how far each of

these Member States has fulfilled

the following criteria:

(a)

(b)

[unchanged]

(c)

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;

(d)

[unchanged]

The four criteria mentioned in this paragraph and the relevant periods over which they are to be respected

are developed further in the Protocol on the convergence criteria. The reports of the Commission and the

European Central Bank shall also take account of the results of the integration of markets, the

situation

and development of the balances of payments on current account and an examination of the dev

elopment of unit labour costs and other price indices.

(F)

DETERMINATION OF THE PENALTY PAYMENTS IMPOSED BY THE COURT OF

JUSTICE

Article III-267, paragraph 3

When the Commission brings a case before the Court of Justice of the European Union pursuant to

Article III-265 on the

grounds that the State

concerned has failed to fulfil

its 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 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 Commissio

The payment obligation shall take effect on the date set by the Court in its judgment.

CIG 73/04118

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(G)

SOLIDARITY CLAUSE (ARTICLES I-42 AND III-231)

Article III-231

Should a Member State fall victim to a terrorist attack or a natural or man-made disaster, the other

Member States shall assist it at the request

of its political

authorities. To that end, the Member States

shall coordinate between

themselves in the Council.

The arrangements for the implementation by the Union of the solidarity clause referred to in

Article

I-42 shall be defined by a European decision adopted by the Council acting on a joint

proposal by the

Commission and the Union Minister for Foreign

Affairs. The Council shall

act in

accordance with Article III-201(1) where this decision has defence implications. The European parliament

shall be informed.

For the purposes of this paragraph and without prejudice to Article III-247, the Council shall be assisted

by the Political and Security Committee with the support of the structures developed

the context of the

common security and defence policy and by the Committee referred to in Article III-162,

which shall, if

necessary, submit joint opinions.

3.The European Council shall regularly assess the threats facing the Union

in order to enable the

Union and its Member States to take effective action.

Declaration 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 object of terrorist

attack

or the victim of natural or

man-made

disaster, none

of the provisions of Articles I-42 and III-231 of the Constitution is intended

to affect the right of

another Member State

to choose the most appropriate means to comply with its own solidarity

obligation towards that Member State.

CIG 73/04119

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(H)

NATIONAL SECURITY

Article I-5, paragraph 1

The Union shall respect the national identities of the Member States, inherent in their fundamental

structures, political and constitutional, inclusive of regional and local self-government. It shall

respect

their essen

tial State functions,

including those for ensuring the territorial integrity of the

State, and for maintaining law and order and safeguarding national security.

Article III-163

This Chapter

shall not affect

the exercise of the responsibilities incumbent upon Member States with

regard to maintaining law and order and safeguarding national security.

Article III-283

In exercising its powers regarding the provisions of Sections 4 and 5 of Chapter IV of Title III concerning

the area of freedom, security and justice, the Court of Justice of the European Union shall have no

jurisdiction to review the validity or proportionality of operations carried out by the police or other

law-enforcement services

of a Member

State or the exercise of the responsibilities incumbent

upon

Member States with regard to the maintenance of law and order and the safeguarding of national

security, where such action is a matter of national law.

Declaration of the Conference re Articles I-5, III-163

and III-283

The Conference

declares that the term "national security" is understood to include internal security.

(I)

WITHDRAWAL FROM THE UNION-NEGOTIATOR

Article I-59, paragraph 2

A Member State which decides to withdraw shall notify the European Council of its intention. In

the light of the guidelines provided by the European Council, the Union shall conclude an agreement with

that State, setting out the arrangements for its withdrawal, taking

account of the framework for its

future relationship with the Union. That agreement shall be negotiated in

accordanc

CIG 73/04120

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Article III-227(3); it shall be concluded by the Council, acting by a quali

ied majority, after obtaining the

consent of the European Parliament.

ith

The draft

ecision will be adopted on the day the Treaty enters into force.

p.m.: Under Article I-22(

decisions of the Council shall be taken by qualified majority.

p.m.: Under Article I-22(3), decisions of the Council shall be taken by qualified majority.

Usual procedure which appears throughout the Constitution. Mor

ver, Article III-213(3)

should be mentioned in Article

2(4) of the Protocol on the transitional provisions relating to the Institutions and bodies of the Union.

Usual procedure: the representative in the Council of the Member State "in question" does not usually

participate in the vote (see EMU, sanctions, withdrawal).

Precise name of this Agency as approved in Council Decision 2003/834/EC of 17 November 2003

creating a team

prepare for the establishment of the agency in the field of defe

ce capabilities development,

research, acquisition and armaments (OJ L

318, 3.12.2003, p. 19).

This paragraph has been restructured for the sake of clarity.

Article IV-7a (duration) of document 50/03 is renumbered "IV-7c".

This paragraph requires a transitional provision on the definition of a qualified majority

before 1 November 2009 which, in accordance with the legal-technical approach proposed by

the Working Party of IGC Legal Experts in document CIG 50/03 (and its ADD 1), should appear

in a single "Protocol on transitional provisions". However, transferring such transitional

provisions to the "Protocol on transitional provisions", which has been approved by all other

delegations, raises issues of political opportuneness for the delegati

s of Spain and Poland. In

accordance with the Working Party's approach

the transfer will be made if those issues of political opportuneness have been

resolved.

See the footnote in relation to Article 1

Part I of the Protocol.

11In

thi

s Annex, the only modification

prop

osed by the Presidency is the a

ddit

ion of a Declaration relatin

g to

the national security.

CIG 73/04121