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Europaudvalget 2003-04
EUU Alm.del Bilag 973
Offentligt

PDF udgave

Medlemmerne af Folketingets Europaudvalg

og deres stedfortrædere

Bilag

Journalnummer

400.C.2-0

Kontor

EUK

10. juni 2004

Til underretning for Folketingets Europaudvalg vedlægges dokument CIG

79/04 (EN).

Officielle dokumenter til regeringskonferencen offentliggøres på

regeringskonferencens hjemmeside, hvor også danske oversættelser løbende

bringes. Regeringskonferencens hjemmeside er:

http://ue.eu.int/cms3_applications/Applications/igc/doc_register.asp?content

=DOC&lang=DA&cmsid=576

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CONFERENCE

OF THE REPRESENTATIVES

OF THE GOVERNMENTS

OF THE MEMBER STATES

Brussels, 10 June 2004

CIG 79/04

PRESID 21

NOTE

from:

dated:

to:

Subject:

Presidency

10 June 2004

Delegations

IGC 2003

Presidency proposal following the Ministerial meeting on

24 May 2004

Delegations will find attached a revised set of draft texts which were previously

submitted to Ministers as document CIG 76/04. The Presidency has as far as

possible taken into account the further comments made by Ministers at their

meetings on 17-18 May and 24 May, and has added in this document some

additional points on which there now appears to be broad consensus. These

texts also include a series of purely technical/legal adjustments which appear in

shaded characters. In addition, all modifications of texts compared to texts in

doc. CIG 50/03 are in bold.

The Presidency considers that this document represents a fair balance between

the different views of delegations. However, it submits the document in

advance of the Ministerial meeting on 14 June in order to ensure that no

fundamental problems remain, and to avoid further discussion on these issues

at the meeting of the IGC at the level of Heads of State or Government on

17/18 June.

Delegations' attention is drawn to the fact that in certain cases, such as the Part

III articles on the Commission, further adjustments might be required as a

direct consequence of the outcome of the discussions on the remaining issues.

INDEX

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Annex 1

Annex 2

Annex 3

Annex 4

Annex 5

Annex 6

Annex 7

Presidency

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

Equality between women and men

The Objectives of the Union

Equality of Member States before the Constitution

Primacy of Union law

Principle of Participatory Democracy

The Formations Configurations of the Council of Ministers

Draft Decision of the European Council on the Exercise of the

of the Council of Ministers

Annex 8

Technical adaptations to provisions of Part III on the European

Commission 13

Annex 9

Annex 10

Annex 11

Annex 12

Transitional provisions

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

Budget Procedure

Financial Framework (Part III): phasing in

Structural funds

Prudential supervision of credit institutions and other financial

institutions by the European Central Bank

Annex 13

Annex 14

Annex 15

Annex 16

Annex 17

Appointment of members of the Executive Board of the European

Central Bank 25

Annex 18

"Lamfalussy Procedure"

Annex 19

Simplified procedure for amending the Statute of

the European Investment Bank

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Annex 20

Annex 21

Annex 22

Annex 23

States

Annex 24

Provisions specific to Member States whose currency is the euro 28

Judicial cooperation in civil matters

Eurojust

Negotiation and conclusion of international agreements by Member

relating to the area of Freedom, Security and Justice

European Court of Justice jurisdiction in CFSP

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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

Annex 39

Annex 40

regards

Common security and defence policy

Social clause and social dialogue

Social policy

Economic, social and territorial cohesion

Transport

Technological research and development

Energy

Public health

Sport

Tourism

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

Provisions relating to the institutions and bodies of the Union as

Bulgaria and Romania

Annex 41

Protection and welfare of animals

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Annex 42

Annex 43

Annex 44

Annex 45

procedure

Capital and Payments

Restrictive Measures

Languages: Authentic texts and translations

Simplified procedure for revising the Constitution: Movement from

unanimity to a qualified majority and from the special legislative

to the ordinary legislative procedure

Annex 46

Annex 47

Annex 48

Annex 49

Simplified procedure for revising the Constitution: Amendment to

internal policies

Enhanced Cooperation

Miscellaneous

Declaration by Member States

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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

equality between women and men prevail.

Article III-2

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

and to promote equality, between men and women.

Declaration for incorporation in the Final Act

re Article III-2

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

between men and women, the Union shall will aim in its different policies to

combat all kinds of domestic violence. The Member States should take all

necessary measures to prevent and punish these criminal acts and to support

and protect the victims.

ANNEX 2

THE OBJECTIVES OF THE UNION

Article I-3 (3)

The Union shall work for sustainable development of Europe based on

balanced economic growth and

price stability

a highly competitive social market

economy, highly competitive and aiming at full employment and social progress, and

with a high level of protection and improvement of the quality of the environment. It

shall promote scientific and technological advance.

* * *

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ANNEX 3

EQUALITY OF MEMBER STATES

BEFORE THE CONSTITUTION

Article I-5

The Union shall respect the equality of Member States before the

Constitution as well as their

national identities, inherent in their fundamental

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

It shall respect their essential State functions, including those for ensuring the territorial

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

security.

Following Pursuant to the principle of loyal cooperation, the Union and the

Member States shall, in full mutual respect, assist each other in carrying out tasks which

flow from the Constitution.

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

fulfilment of the obligations flowing from the Constitution or resulting from the acts of

the institutions of 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.

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ANNEX 4

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.

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ANNEX 5

PRINCIPLE OF PARTICIPATORY DEMOCRACY

Article I-46 (4)

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

Member States may take the initiative of inviting the Commission, within the

framework of its powers, to submit 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.

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ANNEX 6

THE CONFIGURATIONS FORMATIONS OF THE

COUNCIL OF MINISTERS

Article I-23

The Council shall meet in different configurations formations.

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

different Council configurations 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 elaborate flesh out the Union's external

action on the basis of strategic guidelines laid down by the European Council and

ensure that

action

consistent.

the Union's

The European Council shall adopt

by a qualified majority a European

decision establishing

configurations formations.

the list of other Council

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

legislative act. To this end, each Council meeting shall be divided into two

parts, dealing respectively with deliberations on Union legislative acts and

non-legislative activities.

The Presidency of Council configurations 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 by a

European decision of the European Council. The European Council shall act

by a qualified majority.

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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

configuration 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.

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

configurations formations of the Council, with the exception of the Foreign

Affairs configuration formation. The other members of the group shall assist

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

Members of the team may decide alternative arrangements among themselves.

Article 2

The Committee of Permanent Representatives shall be chaired by a

representative of the member of the group chairing the General Affairs Council.

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

representative of the Union Minister for Foreign Affairs.

The chair of the preparatory bodies of the Council configurations formations

referred to in Article 1 shall fall to the member of the group chairing the related

configuration formation, unless decided otherwise in accordance with the

procedure laid down in Article 4.

Article 3

The General Affairs Council shall ensure consistency and continuity in the

work of the different Council configurations formations in the framework of

multiannual programmes in cooperation with the Commission. The Member

States holding the Presidency shall take all necessary measures for the

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

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the General Secretariat of the Council.

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Article 4

The Council shall, by a qualified majority,

adopt a European decision

establishing the measures for the implementation of this decision.

Declaration for incorporation in the Final Act concerning the European Council

decision on the exercise of the Presidency of the Council of Ministers

The Conference declares that the European Council should begin preparing the

European decision establishing the procedures for implementing the decision

on the exercise of the Presidency of the Council of Ministers as soon as the

Treaty establishing a the Constitution for Europe is signed and should give its

political approval within six months.

ANNEX 8

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TECHNICAL ADAPTATIONS TO PROVISIONS OF

PART III ON THE EUROPEAN COMMISSION

Article III-243

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

European Parliament shall not vote thereon until at least three days after the motion

has been tabled and only by open vote.

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

representing a majority of the Members of the European Parliament,

the Members of

the Commission shall resign

as a body and the Union Minister for Foreign Affairs

shall resign from the Commission. They shall remain in office and

continue to

deal with current business until

they are

replaced in accordance with Articles I-25 and

I-26. In this case, the term of office of the

Members of

the Commission appointed to

replace

them

shall expire on the date on which the term of office of

the Members of

the Commission obliged to resign

as a body

would have expired.

Subsection 4

The European Commission

Article III-250

The Members of the Commission shall be appointed for a period of five years, subject,

if need be, to Articles III-243, III-252 and III-253.

Article III-251

The Members of the Commission

shall refrain from any action incompatible with

their duties. Member States shall respect their independence and shall not seek to

influence them in the performance of their tasks.

The Members of the Commission

may not, during their term of office, engage in

any other occupation, whether gainful or not. When entering upon their duties they

shall give a solemn undertaking that, both during and after their term of office, they

will respect the obligations arising therefrom and in particular their duty to behave with

integrity and discretion as regards the acceptance, after they have ceased to hold office,

of certain appointments or benefits. In the event of any breach of these obligations,

the Court of Justice may, on application by the Council, acting by a simple majority, or

the Commission, rule that the person concerned be, according to the circumstances,

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

right to a pension or other benefits in its stead.

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Article III-252

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

Member of the

Commission

shall end when he or she resigns or is compulsorily retired.

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

for the remainder of the

Member'sterm

of office by a new

Member of the same

nationality

appointed by the

Council, with the agreement of the

President of the

Commission, after

consulting the European Parliament and

in accordance with

the criteria set out in

Article I-26(6),

first subparagraph.

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

Commission, decide that such a vacancy needs not to be filled, in particular

when the remainder of the Member's term of office is short.

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

her term of office, in accordance with Article I-26.

In the event of resignation, compulsory retirement or death, the Union Minister for Foreign Affairs shall be

replaced for the remainder of his or her term of office, in accordance with Article I-27.

In the case of the resignation of all

the Members of the Commission, they

shall remain in office

and continue to deal

with current business

until they have been replaced, for the remainder of their term of office, in accordance with Articles I-25

and I-26.

Article III-253

If any

Member of the Commission

no longer fulfils the conditions required for the

performance of his or her duties or if he or she has been guilty of serious misconduct,

the Court of Justice may, on application by the Council, acting by a simple majority, or

by the Commission, compulsorily retire him or her.

Article III-254

Without prejudice to Article I-27(4),

the responsibilities incumbent upon the

Commission shall be structured and allocated among its members by its President, in

accordance with Article I-26(3). The President may reshuffle the allocation of those

responsibilities during the Commission's term of office.

The Members of the

Commission

shall carry out the duties devolved upon them by the President under his

or her authority.

Article III-255

The Commission shall act by a majority of

its Members

determine the quorum.

. The Rules of Procedure shall

* * *

ANNEX 9

TRANSITIONAL PROVISIONS

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

to the institutions and bodies of the Union

TITLE 3

Provisions concerning the Commission, including the Union Minister for

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Foreign Affairs

Article 4

Provisions concerning the Commission

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

Treaty establishing a Constitution for Europe shall remain in office until the

end of their term of office. However, on the day of the appointment of the

Union Minister for Foreign Affairs, the term of office of the Member having the

same nationality as the Union Minister for Foreign Affairs shall end.

TITLE 4

Provisions concerning the Secretary-General of the Council, High

Representative for the common foreign and security policy and the Deputy

Secretary-General of the Council

Article 5

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

Representative for the common foreign and security policy and the Deputy

Secretary-General of the Council shall end on the date of entry into force of the

Treaty establishing a Constitution for Europe. The Council shall appoint a

Secretary-General in conformity with Article III-247(2)

of the Constitution

* * *

ANNEX 10

THE M

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INISTER

FOR FOREIGN

AFFAIRS

Article I-27

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

the President of the Commission, shall appoint the Union Minister for Foreign Affairs.

The European Council may end his or her term of office 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 Foreign

Affairs 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 o

she shall be responsible within the Commission for responsibilities

falling to it in external relations and for coordinating other aspects of the Union's

external action. In exercising these responsibilities within the Commission, and only

for these responsibilities, the Union Minister for Foreign Affairs shall be boun

Commission procedures to the extent that this is consistent with the provisions

of t

he above paragraphs

2 and 3

Declaration for incorporation in the Fi

al Act

re Article III-197

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

Secretary-General of the Council, High Representative for the common foreign and security policy, the Commission and

the Member States, should begin preparatory work on the Europea

xternal Action

Servi

* * *

ANNEX 12

PROCEDURES FOR APPOINTING THE PRESIDENT OF THE COMMISSION, THE

PRESIDENT OF THE EUROPEAN COUNCIL AND

THE UNION MI

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NISTER

FOR FOREIGN AFFAIRS

Declaration for incorporation in the

re Article I-26

inal Act

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

Parliament and the European Council are jointly responsible 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. In accordance with Article I-26(1), these consultations

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

elections to the European Parliament, in accordance. The arrangements for such consultations may be determined in

due course by mutual agreement between the European Parliament

and

the European Council.

Declaration for incorporation in the Final Act

re Ar

cles 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 Me

mber

States.

* * *

ANNEX 13

BUDGET PR

OCEDURE

Article III-310

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

following provisions:

Each institution shall, before 1st July, draw up estimates

of its expenditure for

the

following financial year. The Commission shall consolidate these estimates in a

draft budget which may contain different estimates.

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

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The Commission shall submit a proposal containing the draft budget year

European Parliament and to the Council not later than 1st September of theto the

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 Counci

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

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

budget is to be implemented. The Council of Ministers shall inform the European

Parliament fully of the reasons which led it to adopt its position.

If, within forty-two days of such communication,

the European Parliament:

(a)

(b)

approves the position of the Council, the European law establishing

budget shall be adopted;

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

be deemed to have

been adopted;

(c)

onent

amendments by a majority of its comp

adopts

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

The Conciliation Committee, which shall be composed of the members of the

Council or their representatives and an equal number of members representing the

European Parliament, shall have the task of reaching agreement on a joint text, by a

qualified majority of the members of the Council or their representatives and by a

majority of the representatives of the European Parliament within twenty-one days of

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

Council.

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

take all the necessary initiatives with a view to reconciling the positions of the

European Parliament and the Council.

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

Conciliation

Committee agrees on a joint tex

, the European Pa

liament and the Council shall each

have a period

of fourteen days from

the date

of that agreement

in which to approve

the joint text.

thin

period of fourteen day

the

(a)

referred

to in paragraph 6:

the European Parliament and the Council both approve the joint text or

fail to take a decision, or if one of these institutions approves the joint text

while the other one fails to take a decision, the European law establishing

the budget shall be deemed to be definitively adopted in accordance with

the joint text, or

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

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

joint text while the other one fails to take a decision, a new draft budget

shall be submitted by the Commission, or

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

joint text while the Council approves it, a new draft budget shall be

(b)

(c)

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submitted by the Commission, or

(d) the European Parliament approves the joint text whilst the Council rejects

it, the Parliament may, within fourteen days from the date of the rejection

by the Council and acting by a majority of its members and three-fifths of

the votes cast, decide to confirm all or some of the amendments referred

to in paragraph 4 (c). Where a Parliament amendment is not confirmed,

the position agreed in the Conciliation committee on the budget heading

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

law establishing the budget shall be deemed to be definitiv

ly adopted on

this basis.

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

Conciliation Committee does not agree on a joint text, a new draft budget shall

be submitted

by the Commission.