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Europaudvalget 2011-12
EUU Alm.del Bilag 190
Offentligt

DRAFT

INTERNATIONAL AGREEMENT ON A REINFORCED ECONOMIC UNION

THE CONTRACTING PARTIES………..

CONSCIOUS of the obligation of the Contracting Parties, as Member States of the European

Union, to regard their economic policies as a matter of common concern,

DESIRING to promote conditions for stronger economic growth in the European Union and, to that

end, to develop ever-closer coordination of economic policies within the euro area,

BEARING IN MIND that the coordination of the economic policies of the Contracting Parties, as

Member States of the European Union, is based on the objective of sound and sustainable

government finances as a means of strengthening the conditions for price stability and for strong

sustainable growth underpinned by financial stability, thereby supporting the achievement of the

Union's objectives for sustainable growth and employment,

BEARING IN MIND that the need for governments to prevent a government deficit becoming

excessive is of an essential importance to safeguard the stability of the euro area as a whole, and

accordingly requires the introduction of specific rules to address this need, including the need to

take necessary corrective action,

CONSCIOUS of the need to ensure that their deficits remain below 3 % of their gross domestic

product at market prices and that government debt is below, or sufficiently declining towards, 60 %

of their gross domestic product at market prices,

RECALLING that the Contracting Parties, as Member States of the European Union, should refrain

from adopting any measure which could jeopardise the attainment of the Union's objectives in the

framework of the economic union, notably the practice of accumulating debt outside the general

government accounts,

BEARING IN MIND that the Heads of State or Government of the euro area Member States agreed

on 9 December 2011 on a reinforced architecture for Economic and Monetary Union, building upon

the European Treaties and facilitating the implementation of measures taken on the basis of Articles

121, 126 and 136 of the Treaty on the Functioning of the European Union,

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BEARING IN MIND that the objective of the Heads of State or Government of the euro area

Member States and of other Member States of the European Union remains to incorporate the

provisions of this Agreement as soon as possible into the Treaties on which the European Union is

founded,

TAKING NOTE, in this context, of the intention of the European Commission to present further

legislative proposals within the framework of the Union Treaties regarding a mechanism of ex ante

reporting of debt issuance plans of the Member States of the European Union, a procedure of

economic partnership programmes detailing structural reforms for euro area Member States in

excessive deficit procedure as well as a new coordination procedure at the level of the euro area for

major economic policy reform plans,

TAKING NOTE that, when reviewing and monitoring the budgetary commitments under this

Agreement, the European Commission will act within the framework of its powers as provided by

the Treaty on the functioning of the European Union, in particular Articles 121, 126 and 136

thereof,

NOTING in particular that, for the application of the budgetary "Balanced Budget Rule" described

in Article 3 of this Agreement, this monitoring will be made through the setting up of country

specific reference values and of calendars of convergence, as appropriate, for each Contracting

Party,

NOTING that compliance with the obligation to transpose the "Balanced Budget Rule" into national

legal systems at constitutional or equivalent level should be subject to the jurisdiction of the Court

of Justice of the European Union, in accordance with Article 273 of the Treaty on the Functioning

of the European Union,

RECALLING the need to facilitate the adoption of measures under the excessive deficit procedure

of the European Union for euro area Contracting Parties whose planned or actual government

deficit to gross domestic product exceeds 3%, whilst strongly reinforcing the objective of that

procedure, namely to encourage and, if necessary, compel the Member State concerned to reduce a

deficit which might be identified,

RECALLING the need for those Contracting Parties whose government debt exceeds the 60 %

reference value to reduce it at an average rate of one twentieth per year as a benchmark,

RECALLING the agreement of the Heads of State or Government of the euro area Member States

on 26 October 2011 to improve the governance of the euro area, including the holding of at least

two Euro Summit meetings per year, as well as the endorsement of the Euro Plus Pact by the Heads

of State or Government of the euro area Member States and of other Member States of the

European Union on 25 March 2011,

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STRESSING the importance of the Treaty establishing the European Stability Mechanism as an

element of a global strategy to strengthen the Economic and Monetary Union,

HAVE AGREED UPON the following provisions,

TITLE I

PURPOSE AND SCOPE

Article 1

By this Agreement, the Contracting Parties, which are Member States of the European

Union, agree to strengthen their budgetary discipline and to reinforce their economic policy

coordination and governance.

The provisions of this Agreement shall apply to the Contracting Parties whose currency is

the euro. They may also apply to the other Contracting Parties, under the conditions set out in

Article 14.

TITLE II

CONSISTENCY AND RELATIONSHIP WITH THE LAW OF THE UNION

Article 2

This Agreement shall be applied by the Contracting Parties in conformity with the Treaties

on which the European Union is founded, in particular Article 4(3) of the Treaty on European

Union, and with European Union law.

The provisions of this Agreement shall apply insofar as they are compatible with the

Treaties on which the Union is founded and with European Union law. They shall not encroach

upon the competences of the Union to act in the area of the economic union. In accordance with the

case law of the Court of Justice of the European Union, European Union law has precedence over

the provisions of this Agreement.

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TITLE III

BUDGETARY DISCIPLINE

Article 3

The Contracting Parties shall apply the following rules, in addition to and without prejudice

to the obligations derived from Union Law:

Revenues and expenditures of the general government budgets shall be balanced or in

surplus. The Contracting Parties may temporarily incur deficits only to take into account the

budgetary impact of the economic cycle and, beyond such impact, in case of exceptional

economic circumstances, or in periods of a severe economic downturn, provided that this

does not endanger budgetary sustainability in medium term.

The rule under point a) above shall be deemed to be respected if the annual structural deficit

of the general government does not exceed a country-specific reference value, which ensures

an adequate safety margin with respect to the 3 % reference value mentioned under Article 1

of the Protocol (No 12) on the excessive deficit procedure annexed to the Treaty on

European Union and to the TFEU (hereinafter 'Protocol No 12') as well as rapid progress

towards sustainability, also taking into account the budgetary impact of ageing. The

Contracting Parties shall ensure convergence towards their respective country-specific

reference value. As a rule, the country specific reference value shall not exceed 0.5 % of

nominal GDP.

Where the debt level is significantly below the 60 % reference value mentioned under

Article 1 of Protocol No 12, the country-specific reference value for the annual structural net

deficit may take a higher value than specified under point b).

The rules mentioned under paragraph 1 shall be introduced in national binding provisions of

a constitutional or equivalent nature. The Contracting Parties shall in particular put in place a

correction mechanism to be triggered automatically in the event of significant deviations from the

reference value or the adjustment path towards it. This mechanism shall be defined at national level,

on the basis of commonly agreed principles. It shall include the obligation of the Contracting Parties

to present a programme to correct the deviations over a defined period of time. It shall fully respect

responsibilities of national Parliaments.

For the purposes of this Article, definitions set out in Article 2 of Protocol No 12 shall

apply. In addition, the following definitions shall apply:

"annual structural deficit of the general government" means the annual cyclically-adjusted

deficit net of one-off and temporary measures;

"exceptional economic circumstances" means an unusual event outside the control of the

Contracting Party concerned, which has a major impact on the financial position of the

government.

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Article 4

When the ratio of their government debt to gross domestic product exceeds the 60 % reference

value mentioned under Article 1 of Protocol No 12, the Contracting Parties undertake to reduce it at

an average rate of one twentieth per year as a benchmark.

Article 5

The Contracting Parties that are subject to an excessive deficit procedure under the Union Treaties

shall put in place a budgetary and economic partnership programme with binding value including a

detailed description of the structural reforms necessary to ensure an effectively durable correction

of their excessive deficits. Such programmes shall be submitted to the European Commission and

the Council.

Article 6

The Contracting Parties shall improve the reporting of their national debt issuance. For that purpose,

they shall report ex-ante on their national debt issuance plans to the European Commission and the

Council.

Article 7

While fully respecting the procedural requirements of the Union Treaties, the Contracting Parties

whose currency is the euro undertake to support proposals or recommendations put forward by the

European Commission where a Member State whose currency is the euro is recognised by the

European Commission to be in breach of the 3 % ceiling in the framework of an excessive deficit

procedure, unless a qualified majority of them is of another view. A qualified majority shall be

defined by analogy with Article 238(3)(a) TFEU and with Article 3 of Protocol N° 36 to the EU

Treaties on transitional provisions and without taking into account the position of the Contracting

Party concerned.

Article 8

Any Contracting Party which considers that another Contracting Party has failed to comply with

Article 3(2) may bring the matter before the Court of Justice of the European Union. The judgment

of the Court of Justice of the European Union shall be binding on the parties in the procedure,

which shall take the necessary measures to comply with the judgment within a period to be decided

by said Court. The implementation of the rules put in place by the Contracting Parties to comply

with Article 3(2) will be subject to the review of the national Courts of the Contracting Parties.

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TITLE IV

ECONOMIC CONVERGENCE

Article 9

Without prejudice to the economic policy coordination as defined in the Treaty on the Functioning

of the European Union, the Contracting Parties undertake to work jointly towards an economic

policy fostering growth through enhanced convergence and competitiveness and improving the

functioning of the Economic and Monetary Union. To this aim, they will take all necessary actions,

including through the Euro Plus Pact.

Article 10

While fully respecting the procedural requirements of the Union Treaties, the Contracting Parties

undertake to make recourse, whenever appropriate and necessary, to the enhanced cooperation on

matters that are essential for the smooth functioning of the euro area, without undermining the

internal market.

Article 11

With a view to benchmarking best practices, the Contracting Parties ensure that all major economic

policy reforms that they plan to undertake will be discussed and coordinated among themselves.

This coordination shall involve the institutions of the European Union as required by the law of the

Union.

Article 12

Representatives of the Committees in charge of economy and finance within the Parliaments of the

Contracting Parties will be invited to meet regularly to discuss in particular the conduct of

economic and budgetary policies, in close association with representatives of the relevant

Committee of the European Parliament.

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TITLE V

EURO SUMMIT MEETINGS

Article 13

The Heads of State or Government of the Contracting Parties whose currency is the euro,

(hereinafter "the euro area Heads of State or Government") and the president of the European

Commission shall meet informally in Euro Summit meetings. The President of the European

Central Bank shall be invited to take part in such meetings. The President of the Euro Summit shall

be appointed by the euro area Heads of State or Government by simple majority at the same time

the European Council elects its President and for the same term of office.

Euro Summit meetings shall take place, when necessary, and at least twice a year, to discuss

questions related to the specific responsibilities those Member States share with regard to the single

currency, other issues concerning the governance of the euro area and the rules that apply to it, and

in particular strategic orientations for the conduct of economic policies and for improved

competitiveness and increased convergence in the euro area.

Euro Summit meetings shall be prepared by the President of the Euro Summit, in close

cooperation with the President of the European Commission, and by the Euro Group. The follow-up

to the meetings shall be ensured in the same manner.

The President of the Euro Summit shall keep the other Member States of the European

Union closely informed of the preparation and outcome of the Euro Summit meetings. The

President will also inform the European Parliament of the outcome of the Euro Summit meetings.

TITLE VI

GENERAL AND FINAL PROVISIONS

Article 14

This Agreement shall be ratified by the Contracting Parties in accordance with their

respective constitutional requirements. The instruments of ratification shall be deposited with the

General Secretariat of the Council of the European Union.

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This Agreement shall enter into force on the first day of the month following the deposit of

the ninth instrument of ratification by a Contracting Party whose currency is the euro.

This Agreement shall apply as from the day of entry into force amongst the Contracting

Parties whose currency is the euro and which have ratified it. It shall apply to the other Contracting

Parties whose currency is the euro as from the first day of the month following the deposit of their

respective instrument of ratification.

By derogation to Paragraph 3, Title V of this Agreement shall apply to all Contracting

Parties whose currency is the euro as from the date of the entry into force of the Agreement.

This Agreement shall apply to the Contracting Parties with a derogation as defined in

Article 139(1) of the Treaty on the Functioning of the European Union, or with an exemption as

defined in Protocol No 16 on certain provisions related to Denmark annexed to the Union Treaties,

which have ratified it, as from the day when the decision abrogating that derogation or exemption

takes effect, unless the Contracting Party concerned declares its intention to be bound at an earlier

date by all or part of the provisions in Titles III and IV of this Agreement.

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