PART 3 REINFORCEMENT OF THE AREA OF FREEDOM, SECURITY AND JUSTICE 
TITLE 1
INTERNAL AND EXTERNAL BORDERS AND FREE MOVEMENT OF PERSONS
TITLE II ASYLUM AND IMMIGRATION
TITLE III CRIMINAL LAW AND POLICE COOPERATION
TITLE IV FREE MOVEMENT OF ACTS IN JUDICIAL AND CIVIL MATTERS
PART 4
EXTERNAL RELATIONS POLICY
TITLE I
CONSISTENCY
TITLE II
INSTRUMENTS AND PROCEDURES
TITLE III
EXTERNAL REPRESENTATION AND INTERNATIONAL ORGANISATIONS
TITLE IV
TRANSITIONAL PROVISIONS

ADDITIONAL ACT TO THE CONSTITUTION
NO 1
DEFENCE
No 2 PEACEFUL USE OF ATOMIC ENERGY
TITLE I PROTECTION FROM RADIATION
TITLE II INVESTMENT
TITLE III JOINT UNDERTAKINGS
TITLE IV SUPPLIES
TITLE V SAFEGUARDS
TITLE VI OTHER PROVISIONS
ANNEX I INDUSTRIAL ACTIVITIES REFERRED TO IN ARTICLE 9
ANNEX II ADVANTAGES WHICH MAY BE CONFERRED ON JOINT UNDERTAKINGS UNDER
No 3 ASSOCIATION OF THE OVERSEAS COUNTRIES AND THEIR TERRITORIES
No 4 SUPPLEMENTARY INSTITUTIONAL PROVISIONS

 

PART 3 REINFORCEMENT OF THE AREA OF FREEDOM, SECURITY AND JUSTICE

Article III - 86

The free movement of persons in the Union shall be secured by freedom to cross frontiers, measures relating to the surveillance of its external borders and a common policy on short stays by third-country nationals and on visas.

The Union shall develop a common asylum and immigration policy.

A high level of security shall be maintained in the Union by measures to prevent crime, by police cooperation and judicial cooperation in criminal matters and by the mutual recognition of judicial decisions and approximation of criminal legislation.

The Union shall secure a high level of access to justice and of efficiency in procedures, and the free movement of acts and judgments in civil and commercial matters on the basis of mutual recognition.

The Union shall secure and facilitate cooperation between the relevant authorities of the Member States in the fields to which this Part applies and between them and the Commission.

TITLE I INTERNAL AND EXTERNAL BORDERS AND FREE MOVEMENT OF PERSONS

Article III - 87

1. The Union shall adopt all necessary measures with a view to:
a) ensuring the absence of any controls on persons of any nationality when crossing
internal borders;
b) establishing effective controls and surveillance of persons crossing external borders.

2. To this end, measures shall be laid down by Law regarding:
a) conditions of entry for short stays, including visa requirements and exemption
from these requirements, and rules, procedures and conditions for the issue of documents conferring entitlement to cross external borders, and a uniform format for these documents;
b) the controls to which persons may be subject when crossing external frontiers;
c) the conditions under which nationals of third countries have the freedom to travel within the Union for short periods;
d) the conditions in which, in the event of a threat to public order or domestic security affecting all or some Member States, border controls on persons may be reintroduced temporarily at all or some of the internal borders. The extent and duration of such measures shall be confined to whatever is strictly necessary;

e) the conditions and procedures under which, in the event of a threat to public order or domestic security, a Member State may temporarily reintroduce border controls at internal borders with a strictly limited scope and duration.

3. The Union shall complement and support the action of the Member States in the implementation of a common system of administering external borders designed to ensure a balance between the efforts of the Member States for that purpose.

TITLE II ASYLUM AND IMMIGRATION

Article III - 88

1. The Union shall develop a common policy on asylum based on respect for the right to apply for international protection offering an appropriate status to any person in need of such protection and preserving the principle of non-refoulement. The policy of the Union on asylum matters shall be in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees.

2. To that end measures concerning a common procedure for giving and withdrawing international protection and a uniform status valid throughout the Union for persons who can claim such protection shall be determined by Law.

3. Measures shall also be laid down by Law concerning:
a) criteria and mechanisms for determining which Member State is responsible for considering an application for international protection submitted by a national of a third country in one of the Member States;
b) conditions for the reception in Member States of displaced persons from third countries who cannot return to their country of origin and who need international protection;
c) conditions to be met by such persons to be eligible for international protection.

4. In the event of one or more Member States being confronted with an emergency situation characterised by a sudden inflow of nationals of third countries, the Council, acting on a proposal from the Commission, shall adopt any necessary provisional measures of limited duration to give appropriate protection to such persons and to support the efforts made by the Member State or States concerned in receiving them and balancing the efforts made to that end.

Article III - 89

1. The Union shall develop a common immigration policy to ensure at all stages that migratory flows are efficiently managed so that illegal immigration and trafficking in human beings can be combated and third-country nationals residing lawfully in the territory of the Member States can be assured of fair treatment.

2. To this end, measures shall be laid down by Law regarding:
a) conditions of entry and residence, and standards on procedures for the issue by Member States of long-term visas and residence permits, including those for the purpose of family reunion;

TITLE III CRIMINAL LAW AND POLICE COOPERATION

Article III - 90

The aim of the policy of the Union in criminal matters shall be:
a) to ensure the mutual recognition of decisions by national judicial authorities for full enforcement throughout the Union;
b) to approximate national legislation as regards the definition of offences and the level of penalties:
– where the objectives of a Union policy are jeopardised to such an extent that
criminal penalties are warranted;
– in relation to particularly serious crimes infringing fundamental principles of the
Union and to transnational crime, including all forms of organised crime;
– where Union action is necessary to permit or facilitate the implementation of the
mutual recognition principle in accordance with point (a) or improves the effectiveness of judicial cooperation in criminal matters, as regards the fundamental guarantees offered to accused persons, the recognition of evidence and the heads of jurisdiction.

The necessary measures to that end shall be laid down by Law.

Article III - 91

1. The Union shall develop cooperation between police services, encompassing all the competent authorities of the Member States, including police, customs and other services specialised in the prevention, detection and investigation of criminal offences.

It shall cover:
a) the collection, storage, processing, analysis and exchange of relevant information;
b) training and exchanges of personnel, equipment and research;
c) the mounting of joint operations by the services of a number of Member States.

2. The Council, acting on a proposal from the Commission shall adopt all necessary measures to that end.

Where it adopts the measures referred to in paragraph 1(c), the Council shall act by a reinforced qualified majority.

Article III - 92

1. EUROJUST is hereby established as an Agency of the Union.
The task of Eurojust shall be to organise cooperation between national prosecution authorities and to organise and coordinate investigations into cases falling within the scope of Article III-90(b), in particular on the basis of operations conducted and information held by Europol.

2. EUROPOL is hereby established as an Agency of the Union.
The task of Europol shall be, in fields falling within the scope of Article III-90(b), to organise the collection and processing of relevant information which the services of the Member States submit to it and to organise and coordinate specific investigative activities and operational activities carried out by the authorities of the Member States, or by joint teams involving a number of such authorities.

3. The structure and modus operandi of Eurojust and Europol shall be laid down by Institutional Law.

TITLE IV FREE MOVEMENT OF ACTS IN JUDICIAL AND CIVIL MATTERS

Article III - 93

1. In the fields of judicial law and civil law with cross-border implications, and insofar as is necessary for the smooth functioning of the internal market, the Union shall provide for the mutual recognition between the Member States of judicial and extrajudicial acts and of their enforcement, and ensure the compatibility of the rules applicable in the Member States regarding choice of law and conflicts of jurisdiction and shall contribute to the achievement of a high level of access to justice and the effectiveness of procedures.

2. Judicial law and civil law shall be harmonised by Law insofar as is necessary for the attainment of the objectives referred to in paragraph 1.

PART 4 EXTERNAL RELATIONS POLICY

TITLE I CONSISTENCY

CHAPTER 1 GENERAL PROVISIONS

Article III - 94

In order to attain the objectives set out in Article 26 of this Constitution, the Union shall pursue an external relations policy which ensures consistency between all the components of that policy, whether it be diplomatic relations, security policy, defence, the external economic relations, development cooperation policy or the international dimension of Union policies.

Article III - 95

The Council and the Commission shall jointly adopt instruments where the Union's action as a whole, in particular as regards crisis prevention and management, so requires.

CHAPTER 2 COMMON FOREIGN AND SECURITY POLICY

Article III - 96

The Union shall regard as essential the development of political relations with third countries and international organisations, the combating of terrorism, arms control and disarmament, security matters relating to the Organisation for Security and Cooperation in Europe or debated in the United Nations, including peace-keeping operations, the coordination of policy on the export of arms and non-proliferation.

Defence policy shall be governed by the general provisions of this Title and by the special provisions of Additional Act No 1.

CHAPTER 3 EXTERNAL ECONOMIC RELATIONS POLICY

Article III - 97

External economic action by the Union shall contribute to the harmonious development of the world economy. To that end the Union shall adopt a single position in relations with non-member countries and in international organisations with responsibilities for economic and financial matters.

It shall support the effectiveness and transparency of the financial markets in order to reduce financial volatility and speculation at global level.

The Union shall conduct a common policy on monetary and exchange matters.

Article III - 98

The objective of the Union’s common commercial policy is to contribute to the common interest of the Member States, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and to the promotion of sustainable development.

The common commercial policy shall include international agreements and the Union’s autonomous measures. It is based on uniform principles and measures, particularly in regard to trade in goods and services, direct foreign investment and commercial aspects of intellectual property rights, measures to protect trade such as those to be taken in the event of dumping or subsidies and safeguard measures and more generally, the customs union and the external dimension of the internal market.

The European Parliament, the Council and the Commission shall, each within their respective area of competence, ensure the transparency necessary for determining the conduct of the common commercial policy.

CHAPTER 4 SUSTAINABLE DEVELOPMENT POLICY

Article III - 99

On the world scene and in international organisations the Union shall undertake action in support of sustainable development. It shall take the necessary initiatives to promote measures to respond to global environmental problems.

CHAPTER 5 DEVELOPMENT COOPERATION POLICY

Article III - 100

The aim of development cooperation policy shall be to promote the economic and social development of developing countries and their peoples and to contribute to solving structural problems of poverty in those countries.

This policy must be aimed at sustainable development that strikes a balance between economic objectives, rational management of the environment and the utilisation of natural and human resources.

It seeks to integrate developing countries fairly and progressively into the global economy to help them to reap the benefits of the liberalisation of trade.

It shall contribute to the general aim of developing and consolidating democracy and the rule of law and to the aim of ensuring respect for human rights and fundamental freedoms.

TITLE II INSTRUMENTS AND PROCEDURES

CHAPTER 1 GENERAL GUIDELINES

Article III - 101

1. The European Council shall, acting by a qualified majority, adopt the principles of and general guidelines for external relations policy.

If in the implementation of these general guidelines a Member State in the Council declares that, for important and stated reasons of national policy, it intends to oppose the adoption of an act, a vote shall not be taken. The matter shall then be referred to the European Council, which shall decide by a reinforced qualified majority taking account of the position of the State concerned and the interests of the Union.

2. Effect shall be given to the general guidelines by means of: 
a) international agreements negotiated and concluded in accordance with the procedure laid down by Article III-103;
b) joint actions adopted by the Council on a proposal from the Commission;
c) declarations on particular matters of a geographical or thematic nature, adopted either by the Council or by the Secretary of the Union;
d) restrictive measures vis-à-vis third countries, entities or individuals, adopted by the Council on a proposal from the Commission;
e) European Laws adopted by the Parliament and the Council.

3. In matters of the common foreign and security policy, the Council shall act on a proposal from the Secretary of the Union subject to Article III-110. The Council or a group of Member States particularly concerned by a specific matter whose common interests necessitate action by the Union may ask the Secretary of the Union to present a proposal.

The Secretary of the Union shall carry out his duties in agreement with the President of the Commission.

In other matters of external relations policy – external economic relations, development cooperation, sustainable development, and the international dimension of Union policies – the Council shall act on a proposal from the Commission.

4. The President of the Commission and the Secretary of the Union shall ensure the coherence of all action and decisions in the field of external relations.

5. The Commission shall be responsible for giving effect to decisions taken under this Part. The Secretary of the Union shall bear that responsibility in the field of the common foreign and security policy.

CHAPTER 2 NEGOTIATION AND CONCLUSION OF AGREEMENTS

Article III - 102

1. The Union shall have sole competence to conclude international agreements in the field of commercial policy, in the monetary field and in fields where it exercises its responsibilities internally.

2. The Union may conclude international agreements with a view to contributing to the objectives of this Title and to the implementation of its policies.

It may conclude with one or more States or international organisations agreements establishing an association characterised by reciprocal rights and obligations, joint action and special procedures.

3. Where an agreement falls under both paragraphs 1 and 2, the Union shall have sole competence to conclude such an agreement.

Article III - 103

1. If an agreement must be negotiated between the Union and one or more States or international organisations, the Commission shall submit a proposal to the Council, which shall authorise it to open the necessary negotiations.

These negotiations shall be conducted by the Commission, if necessary in consultation with special committees designated by the Council to assist it in its task and within any directives given to it by the Council.

The European Parliament shall be regularly informed of the progress of the negotiations. 

2. Signature of the agreement may be accompanied by a decision with provisional application before entry into force is decided upon by the Council, on a proposal from the Commission.

The European Parliament shall be immediately and fully informed of any decision taken pursuant to this paragraph.

3. The Council shall, on a proposal from the Commission and after obtaining the assent of the European Parliament, conclude association agreements, agreements establishing a specific institutional framework by organising cooperation procedures, agreements with significant budgetary implications for the Union and agreements requiring amendment of a Law. In the event of an emergency, the Council and the European Parliament may agree on a deadline for assent to be given.

The Council shall conclude other agreements on a proposal from the Commission and after consulting the European Parliament. The European Parliament shall give its opinion by a deadline which the Council may set depending on the urgency of the matter. If no opinion is given by that deadline, the Council may act.

Article 101 of the Constitution.

7. The European Parliament, the Council, the Commission, the European Central Bank or a Member State may obtain the opinion of the Court of Justice on the compatibility of a proposed agreement with the provisions of this Constitution. The Court of Justice shall take a decision as a matter of urgency within a time-limit of no more than two months. An agreement on which the Court of Justice has given a negative opinion may enter into force only after this Constitution has been revised.

8. This Article shall not preclude the conclusion by the Commission of administrative cooperation agreements with the authorities of third countries or international organisations.

Article III - 104

1. Without prejudice to the objective of price stability, the Union may conclude formal agreements on an exchange-rate system for the euro in relation to the currencies of third countries and on monetary and exchange matters. The European Central Bank shall be consulted.

The Council may, acting on a recommendation from the European Central Bank and after consulting the Commission or on a proposal from the Commission and after consulting the European Central Bank in an endeavour to reach a consensus consistent with the objective of price stability, adopt, adjust or abandon the central rates of the euro within the exchange-rate system.

2. In the absence of an exchange-rate system in relation to the currencies of one or more third countries as referred to in paragraph 1, the Council, acting on a proposal from the Commission and after consultation of the European Central Bank or on a recommendation from the European Central Bank and after consultation of the Commission, may formulate general guidelines for exchange-rate policy in relation to these currencies. These general guidelines shall be without prejudice to the primary objective of the European System of Central Banks to maintain price stability.

international financial institutions.

CHAPTER 3 EXTERNAL RELATIONS COMMITTEE

Article III - 105

1. An External Relations Committee shall monitor the international situation and contribute to the formulation of the external relations policy by issuing opinions.

2. The committee may meet in different formations depending on the subject-matter being discussed, such as external economic relations or the foreign and security policy.

TITLE III EXTERNAL REPRESENTATION AND INTERNATIONAL ORGANISATIONS

CHAPTER 1 PRINCIPLES

Article III - 106

The Union shall be represented in external relations by the Commission. In exercising this responsibility, it shall fully respect the principles and general guidelines adopted by the European Council and the policies and actions decided upon by the Union.

The Secretary of the Union, Vice-President of the Commission, shall bear this responsibility in the field of the common foreign and security policy.

CHAPTER 2 REPRESENTATION OF THE UNION IN INTERNATIONAL ORGANISATIONS

Article III - 107

1. In international organisations the Union shall be represented by the Commission.

2. In international organisations of which the Union is not a member, the Union's position shall be expressed by the Member State which holds the Presidency of the External Relations Committee or, if that is not possible, by the Member State on which the Council has conferred that task.

3. The Council may confer on one or more Member States the task of presenting the Union's position in individual cases.

Article III - 108

1. To help achieve the Union's objectives, in particular those set out in Article 26 of this Constitution, the Union may be a member of or accede to an international organisation.

OPERATIONAL SERVICES

Article III - 109

The Secretary of the Union shall have the operational support of all the competent departments of the Council and Commission, including the permanent representations of the Union in third countries and to international organisations. Those departments shall be at the Commission under the authority of the Secretary of the Union.

The Union's permanent representations in third countries and to international organisations, on the one hand, and the diplomatic and consular missions of the Member States, on the other hand, shall cooperate in order to help promote compliance with and implement action by the Union, and, in time, to establish single diplomatic representations.

TITLE IV TRANSITIONAL PROVISIONS

Article III - 110

In the implementation of the foreign and security policy during a transitional period expiring on […], the Secretary of the Union shall exercise the Commission’s right of initiative in matters of the common foreign and security policy in accordance with guidance and mandates from the Council or a group of Member States particularly concerned by a specific matter whose common interests necessitate action by the Union.

During this transitional period the Council may act on a proposal from a Member State.

At the end of the transitional period, the Council, acting by a reinforced qualified majority on a proposal from the Commission, shall decide on the manner in which the Secretary of the Union will exercise independently the Commission’s right of initiative as regards the common foreign and security policy. It shall also decide on the scope of the Member States’ right of initiative in that area.

ADDITIONAL ACT TO THE CONSTITUTION

NO 1 DEFENCE

This contribution will be supplemented on the basis of the work in progress in the Convention.

Objectives

Questions of defence are tightly bound up with external relations policy.

The Constitution must accordingly have an Additional Act to cover the development of a European defence capacity with the following objectives:
-
to establish a capacity to decide on and conduct military operations in external theatres in response to international crises or in the territory of the Union in response to attacks, including terrorist attacks by non-State entities;
-
to ensure the development of the European defence industry by common research projects and common industrial projects; for this purpose, a European Agency would be established.

Participation

The Additional Act is applicable to the Member States which wish it and which meet the necessary conditions in terms of military capacities or financing of joint equipment programmes, for example. The Member States will make a declaration to this effect when the Constitution enters into force.

All Member States of the Union may subsequently accede to the Additional Act, provided that they meet the necessary conditions.

The defence policy conducted under this Additional Act does not affect the specific arrangements made by certain Member States in this field, in particular the obligations imposed by the North Atlantic Treaty (NATO).

Arrangements

The Additional Act should specify the actions to be taken as part of the common objectives, the decision-making procedures applicable and the arrangements regarding the financing by the Member States of the various actions taken as part of the common objectives.

ADDITIONAL ACT TO THE CONSTITUTION

No 2 PEACEFUL USE OF ATOMIC ENERGY

TITLE I PROTECTION FROM RADIATION

Article 1

Basic standards relating to the safety of installations and the protection of the environment, the population and workers from the dangers of radiation shall be laid down in the Union.

Article 2

The basic standards shall be proposed by the Commission, after obtaining the opinion of a group of individuals designated by the scientific and technical committee from among the experts in public health and nuclear safety in the Member States.

The basic standards shall be laid down by Law.

At the request of a Member State, the basic standards may be revised or supplemented. The Commission shall examine any request made by a Member State.

Article 3

Each Member State shall lay down the appropriate provisions, whether by legislation, regulation or administrative action, to ensure compliance with the basic standards which have been established.

The Commission shall make appropriate recommendations for harmonising the provisions applicable in this field in the Member States, including those regarding the safety of installations.

To this end, the Member States shall communicate to the Commission those provisions in force and any subsequent draft provisions of the same kind.

Any recommendations the Commission may wish to issue with regard to such draft provisions shall be made within three months of the date on which such draft provisions are communicated.

Article 4

Any Member State in whose territories particularly dangerous experiments are to take place shall take additional protective measures, on which it shall first obtain the opinion on the Commission.

Article 5

Each Member State shall establish the facilities necessary to carry out continuous monitoring of the level of radioactivity in the air, water and soil and to ensure compliance with the basic standards, including those for nuclear safety.

The Commission shall have the right of access to such facilities; it may verify their operation and efficiency.

Article 6

The appropriate authorities shall periodically communicate information on the checks to the Commission so that it is kept informed of the level of radioactivity to which the public is exposed and of adherence to standards of safety.

Article 7

Each Member State shall provide the Commission with such general data relating to any plan for the disposal of radioactive waste in whatever form as will make it possible to determine whether the implementation of such plan is liable to result in the radioactive contamination of the water, soil or airspace of the Union.

The Commission, after seeking the necessary expert opinions, shall deliver its opinion within six months.

The Commission shall make recommendations to the Member States with regard to the level of radioactivity in the air, water and soil.

In cases of urgency, the Commission shall adopt a decision requiring the Member State concerned to take, within a period laid down by the Commission, all necessary measures to prevent infringement of the basic standards and to ensure compliance with regulations.

Should the State in question fail to comply with the Commission decision within the period laid down, the Commission or any Member State concerned may forthwith bring the matter before the Court of Justice.

TITLE II INVESTMENT

Article 8

The Commission shall publish illustrative programmes indicating in particular nuclear energy production expectations and all the types of investment required for their attainment.

Article 9

Persons and undertakings engaged in the industrial activities listed in Annex I shall communicate to the Commission investment projects relating to new installations and also to replacements or conversions which fulfil the criteria as to type and size laid down by the Council on a proposal from the Commission.

Article 10

Investment projects shall be communicated to the Commission and, for information purposes, to the Member State concerned, not later than three months before the first contracts are concluded with the suppliers or, if the work is to be carried out by the undertaking with its own resources, three months before the work begins.

The Commission may alter this time limit.

Article 11

The Commission shall discuss with the persons or undertakings all aspects of investment projects which relate to the objectives of the Union, including their impact on the proper functioning of the internal market. It shall evaluate, within this framework, the methods of financing the planned investments and shall decide on the authorisation of the investment project.

The Commission may publish the essential and general elements of its decision on the investment projects which are communicated to it.

TITLE III JOINT UNDERTAKINGS

Article 12

Undertakings which are of fundamental importance to the development of the nuclear industry in the Union may be established as Joint Undertakings within the meaning of this Act, in accordance with the following Articles.

Article 13

1. Every project for establishing a Joint Undertaking, whether originating from the Commission, a Member State or any other quarter, shall be the subject of an inquiry by the Commission.

For this purpose, the Commission shall obtain the views of the Member States and of any public or private body which in its opinion can usefully advise it.

2. The Commission shall forward to the European Parliament and the Council any project for establishing a Joint Undertaking, together with its reasoned opinion.

If the Commission delivers a favourable opinion on the need for the proposed Joint Undertaking, the following shall be laid down by Law:

(a) the location,
(b) the statutes,
(c) the scale and timetable for financing,
(d) possible participation by the Union in the financing of the Joint Undertaking,
(e) possible participation of a third State, an international organisation or a national of

Article 14

The European Parliament and the Council may, when the matter has been submitted

to them by the Commission, request the latter to supply such further information or to undertake such further inquiries as they may consider necessary.

If the European Parliament or the Council considers that a project forwarded by the Commission with an unfavourable opinion should nevertheless be carried out, the Commission shall submit the proposals and the detailed report referred to in Article 13.

Article 15

The Law may make applicable to each Joint Undertaking any or all of the advantages listed in Annex II; each Member State shall for its part ensure that these advantages are conferred.

The conditions governing the conferment of these advantages may be laid down by Law.

Article 16

Joint Undertakings shall be established by Law.

Each Joint Undertaking shall have legal personality.

In each of the Member States, it shall enjoy the most extensive legal capacity accorded to legal persons under their respective national laws; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings.

Save as otherwise provided in this Act or in its own statutes, each Joint Undertaking shall be governed by the rules applying to industrial or commercial undertakings; its statutes may make subsidiary reference to the national laws of the Member States.

Save where jurisdiction is conferred upon the Court of Justice, disputes in which Joint Undertakings are concerned shall be determined by the appropriate national courts or tribunals.

Article 17

The statutes of Joint Undertakings shall be amended, where necessary, in accordance with the special provisions which they contain for this purpose.

Such amendments shall not, however, enter into force until they have been approved by Law.

Article 18

The Commission shall be responsible for the execution of all Laws relating to the establishment of Joint Undertakings until the bodies responsible for the operation of such

TITLE IV SUPPLIES

Article 19

1. The supply of ores, source materials and special fissile materials shall be ensured, in accordance with the provisions of this Title, by means of a common supply policy on the principle of equal access to sources of supply.

2. For this purpose and under the conditions laid down in this Title: 1. All practices designed to secure a privileged position for certain users shall be prohibited,

2. An Agency is hereby established; it shall have an exclusive right to conclude contracts for the supply of source materials and special fissile materials coming from inside the Union or outside.

The Agency may not discriminate in any way between users on the grounds of the use which they intend to make of the supplies requested unless such use is unlawful or is found to be contrary to the conditions imposed by suppliers outside the Union on the consignment in question.

Article 20

This Agency shall be under the supervision of the Commission, which shall issue directives to it, possess a right of veto over its decisions and appoint its Director.

Any act, whether implied or expressed, performed by the Agency in the exercise of its right of option or of its exclusive right to conclude supply contracts, may be referred by the parties concerned to the Commission, which shall give a decision thereon within one month.

Article 21

The Agency shall have legal personality and financial autonomy.

The statutes of the Agency shall be laid down by Law.

The statutes may be amended by Law.

The statutes shall determine the Agency's capital and the terms upon which it is to be subscribed. The major part of the capital shall always belong to the Union and to the Member States. The contributions to the capital shall be determined by common accord of the Member States.

The rules for the commercial management of the activities of the Agency shall be laid down in the statutes. The latter may provide for a charge on transactions to defray the operating expenses of the Agency.

Article 22

The Agency, acting where appropriate within the framework of agreements concluded between the Union and a third State or an international organisation, shall, subject to the exceptions provided for in this Treaty, have the exclusive right to enter into agreements or contracts whose principal aim is the supply of ores, source materials or special fissile materials coming from outside the Union.

The rules of the Agency, submitted for approval to the Commission, shall determine the conditions under which it shall approve applications from users and contracts between users and the Agency relating to the supply of ores, source materials or special fissile materials coming from outside the Union.

The Agency may, however, decide on the geographical origin of supplies provided that conditions which are at least as favourable as those specified in the order are thereby secured for the user.

Article 23

Pricing practices designed to secure a privileged position for certain users in violation of the principle of equal access laid down in the provisions of this Title shall be prohibited.

If the Agency finds that any such practices are being employed it shall report them to the Commission.

The Commission may, if it accepts the findings, set the prices of the offers at a level compatible with the principle of equal access.

Article 24

The Commission shall make all appropriate recommendations to Member States with regard to revenue or mining regulations.

Article 25

The Agency may, from material available inside or outside the Union, build up the necessary commercial stocks to facilitate supplies to or normal deliveries by the Union.

The Commission may, where necessary, decide to build up emergency stocks. The method of financing such stocks shall be laid down by Law.

Article 26

Where an agreement or contract between a Member State, a person or an undertaking on the one hand, and a third State, an international organisation or a national of a third State on the other, provides inter alia for delivery of products which come within the province of the Agency, the prior consent of the Commission shall be required for the conclusion or renewal of that agreement or contract, as far as delivery of the products is concerned.

Article 27

The Commission may exempt from the provisions of this Title the transfer, import or export of small quantities of ores, source materials or special fissile materials such as are

Article 28

The provisions of this Title shall not apply to commitments relating to the processing, conversion or shaping of ores, source materials or special fissile materials and entered into:

(a) by several persons and undertakings, where the material is to return to the original person or undertaking after being processed, converted or shaped, 
(b) by a person or undertaking and an international organisation or a national of a third State, where the material is processed, converted or shaped outside the Union and then returned to the original person or undertaking,
(c) by a person or undertaking and an international organisation or a national of a third 

State, where the material is processed, converted or shaped inside the Union and is then returned either to the original organisation or national or to any other consignee likewise outside the Community designated by such organisation or national.

The persons and undertakings concerned shall, however, notify the Agency of the existence of such commitments and, as soon as the contracts are signed, of the quantities of material involved in the movements. The Commission may prevent the commitments referred to in point (b) from being undertaken if it considers that the conversion or shaping cannot be carried out efficiently and safely and without the loss of material to the detriment of the Union.

The materials to which such commitments relate shall be subject in the territories of the Member States to the safeguards laid down in title V.

Article 29

The provisions of this Title may be amended by Institutional Law, particularly if unforeseen circumstances create a situation of general shortage. The Commission shall inquire into any request made by a Member State.

TITLE V SAFEGUARDS

Article 30

In accordance with the provisions of this Title, the Commission shall satisfy itself that, in the territories of Member States:

a) ores, source materials and special fissile materials are not diverted from their intended uses as declared by the users,
b) the provisions relating to supply and any particular safeguarding obligations assumed by the Union under an agreement concluded with a third State or an international organisation are complied with.

Article 31

Anyone setting up or operating an installation for the production, separation or other use of source materials or special fissile materials or for the processing of irradiated nuclear fuels shall declare to the Commission the basic technical characteristics of the installations to the extent that knowledge of these characteristics is necessary for the attainment of the objectives set out in Article 30.

The Commission must approve the techniques to be used for the chemical processing of irradiated materials, to the extent necessary to attain the objectives set out in Article 30.

Article 32

The Commission shall require that operating records be kept and produced in order to

permit accounting for ores, source materials and special fissile materials used or produced.

The same requirement shall apply in the case of the transport of source materials and special fissile materials.

Those subject to such requirements shall notify the authorities of the Member State concerned of any communications they make to the Commission pursuant to Article 31 and to the first paragraph of this article.

The nature and the extent of the requirements referred to in the first paragraph of this Article shall be defined in a regulation made by the Commission.

Article 33

The Commission may require that any excess special fissile materials recovered or obtained as by-products and not actually being used or ready for use shall be deposited with the Agency or in other stores which are or can be supervised by the Commission.

Special fissile materials deposited in this way must be returned forthwith to those concerned at their request.

Article 34

The Commission may send inspectors into the territories of Member States. Before sending an inspector on his first assignment in the territory of a Member State, the Commission shall consult the State concerned; such consultation shall suffice to cover all future assignments of this inspector.

On presentation of a document establishing their authority, inspectors shall at all times have access to all places and data and to all persons who, by reason of their occupation, deal with materials, equipment or installations subject to the safeguards provided for in this Title, to the extent necessary in order to apply such safeguards to ores, source materials and special fissile materials, and to ensure compliance with the provisions of Article 30. Should the State concerned so request, inspectors appointed by the Commission shall be accompanied by representatives of the authorities of that State; however, the inspectors shall not thereby be delayed or otherwise impeded in the performance of their duties.

If the carrying out of an inspection is opposed, the Commission shall apply to the delay to the President of the Court of Justice for subsequent approval.

After the order or decision has been issued, the authorities of the State concerned shall ensure that the inspectors have access to the places specified in the order or decision.

Article 35

Inspectors shall be recruited by the Commission.

They shall be responsible for obtaining and verifying the records referred to in Article 32. They shall report any infringement to the Commission.

The Commission may issue a decision calling upon the Member State concerned to take, by a time limit set by the Commission, all measures necessary to bring such infringement to an end; it shall inform the Council thereof.

If the Member State does not comply with the Commission decision by the time limit set, the Commission or any Member State concerned may refer the matter to the Supreme Court direct.

Article 36

1. In the event of an infringement on the part of persons or undertakings of the obligations imposed on them by this Title, the Commission may impose sanctions on such persons or undertakings. These sanctions shall be, in order of severity:

(a) a warning,
(b) the withdrawal of special benefits such as financial or technical assistance,
(c) the placing of the undertaking, for a period not exceeding four months, under the administration of a person or board appointed by common accord of the Commission and the State having jurisdiction over the undertaking,
(d) total or partial withdrawal of source materials or special fissile materials. 

2. Decisions taken by the Commission in implementation of paragraph 1 and requiring the surrender of materials shall be enforceable. They may be enforced in the territories of the Member States in accordance with Article 65 of Additional Act No 4.

Actions brought before the Court of Justice against decisions of the Commission which impose any of the sanctions provided for in paragraph 1 shall have suspensory effect.

The Court of Justice may, however, on application by the Commission or by any Member State concerned, order that the decision be enforced forthwith. There shall be an appropriate legal procedure to ensure the protection of interests that have been prejudiced.

3. The Commission may make any recommendations to Member States concerning laws

Article 37

In the application of the safeguards, no discrimination shall be made on grounds of the use for which ores, source materials and special fissile materials are intended.

The scope and procedure for the safeguards and the powers of the bodies responsible for their application shall be confined to the attainment of the objectives set out in this Title.

The safeguards may not extend to materials intended to meet defence requirements which are in the course of being specially processed for this purpose or which, after being so processed, are, in accordance with an operational plan, placed or stored in a military establishment.

Article 38

Where new circumstances so require, the procedures for applying the safeguards laid down in this Title may be adapted by Institutional Law. The Commission shall examine any such request made by a Member State.

TITLE VI OTHER PROVISIONS

Article 39

1. A Scientific and Technical Committee is hereby set up; it shall be attached to the Commission and have advisory status.

The Committee must be consulted where this Additional Act so provides. It may be consulted in any case where the Commission deems it appropriate.

2. The Committee shall consist of 38 members, appointed by the Commission.

The members of the Committee shall be appointed in their personal capacity for five years. Their appointment shall be renewable. They shall not be bound by any mandatory instructions.

The Scientific and Technical Committee shall each year elect its chairman and officers from among its members.

Article 40

The multiannual framework research programme provided for in Article III-48 of the Constitution shall facilitate nuclear research in the Member States.

Article 41

1. After consulting the Scientific and Technical Committee, the Commission shall establish a Joint Nuclear Research Centre.

This Centre shall ensure that the research programmes and other tasks assigned to it by the Commission are carried out.

It shall also ensure that a uniform nuclear terminology and a standard system of measurements are established.

It shall set up a central bureau for nuclear measurements.

It shall contribute to the development of the necessary methods and technologies in the field of nuclear safety and safeguards.

2. The activities of the Centre may, for geographical or functional reasons, be carried out in separate establishments.

3. The Commission may, within the framework of the Joint Nuclear Research Centre,

set up schools for the training of specialists, particularly in the fields of prospecting for minerals, the production of high-purity nuclear materials, the processing of irradiated fuels, nuclear engineering, health and safety and the production and use of radioisotopes.

The Commission shall determine the details of such training.

Article 42

Information which the Union acquires as a result of carrying out its research programmes, and the disclosure of which is liable to harm the defence interests of one or more Member States, shall be subject to a security system.

To this end, a decision, adopted by the Council on a proposal from the Commission, shall lay down the various security gradings to be applied and the security measures appropriate to each grading.

Article 43

If the Commission considers that a person or undertaking has committed an infringement of this Act to which the provisions of Article 9 do not apply, it shall call upon the Member State having jurisdiction over that person or undertaking to cause sanctions to be imposed in respect of the infringement in accordance with the national law.

If the State concerned does not comply with such a request within the period laid

down by the Commission, the latter may bring an action before the Court of Justice to have the infringement of which the person or undertaking is accused established.

Article 44

Member States shall take all measures necessary to facilitate the conclusion of insurance contracts covering nuclear risks.

Article 45

1. "Special fissile materials" means plutonium-239, uranium-233, uranium enriched in uranium-235 or uranium-233; and any substance containing one or more of the foregoing isotopes and such other fissile materials as may be specified by Law; the expression "special fissile materials" does not, however, include source materials; 

2. "Uranium enriched in uranium-235 or uranium-233" means uranium containing uranium-235 or uranium-233 or both in an amount such that the abundance ratio of the sum of these isotopes to isotope 238 is greater than the ratio of isotope 235 to isotope 238 occurring in nature;

3. "Source materials" means uranium containing the mixture of isotopes occurring in

nature, uranium whose content in uranium-235 is less than normal, thorium, any of the foregoing in the form of metal, alloy, chemical compound or concentrate, any other substance containing one or more of the foregoing in such a concentration as shall be specified by the Council on a proposal from the Commission.

4. "Ores" means any ore containing, in such average concentration as shall be specified by Law, substances from which the source materials specified above may be obtained by the appropriate chemical and physical processing.

ANNEX I INDUSTRIAL ACTIVITIES REFERRED TO IN ARTICLE 9

  1. Mining of uranium and thorium ore.

  2. Concentration of such ores.

  3. Chemical processing and refining of uranium and thorium concentrates.

  4. Preparation of nuclear fuels, in any form.

  5. Fabrication of nuclear fuel elements.

  6. Production of uranium hexafluoride.

  7. Production of enriched uranium.

  8. Processing of irradiated fuels for the purpose of separating some or all of the elements contained therein.

  9. Production of reactor moderators.

  10. Production of hafnium-free zirconium or compounds thereof.

  11. Nuclear reactors of all types and for all purposes.

  12. Facilities for the industrial processing of radioactive waste, set up in conjunction with one or more of the facilities specified in this list.

  13. Semi-industrial installations intended to prepare the way for the construction of plants involved in any of activities 3 to 10.

ANNEX II ADVANTAGES WHICH MAY BE CONFERRED ON JOINT UNDERTAKINGS UNDER

ARTICLE 13

1. a) Recognition that public interest status in conformity with the national laws applies to the acquisition of immovable property required for the establishment of Joint Undertakings.

b) Application of national procedure for compulsory acquisition on the grounds of public interest, so that such acquisition may be effected where amicable agreement has not been reached.

2. Exemption from all duties and charges when Joint Undertakings are established and from all duties on assets contributed.

3. Exemption from all duties and charges levied upon acquisition of immovable property and from all registration and recording charges.

4. Exemption from all direct taxes to which Joint Undertakings, their property, assets and revenue might otherwise be liable.

5. Exemption from all customs duties and charges having equivalent effect and from all prohibitions and restrictions on imports or exports, whether of an economic or a fiscal nature, with regard to:

(a) scientific and technical equipment, excluding building materials and equipment for administrative purposes;
(b) substances which have been or are to be processed in the Joint Undertaking.

6. Exemption from restrictions on entry and residence for nationals of Member

States employed by Joint Undertakings and for their spouses and dependent members of their families.

ADDITIONAL ACT TO THE CONSTITUTION

No 3 ASSOCIATION OF THE OVERSEAS COUNTRIES AND THEIR TERRITORIES

Article 1

The non-European countries and territories which have special relations with Denmark, France, the Netherlands and the United Kingdom shall be associated with the Union. These countries and territories, hereinafter called the "countries and territories", are listed in the annex to this Act.

This act may be amended by an act adopted in accordance with the procedure for adoption of an Institutional Law.

An act concerning removal of a country or territory from the list in the Annex, or concerning addition of a new country or territory, may enter into force only with the assent of the Member State with which that country or territory has special relations.

Article 2

The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Union as a whole.

Association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire.

Article 3

Association shall have the following objectives:

(1) Member States shall apply to their trade with the countries and territories the same treatment as they accord each other pursuant to the Constitution.

(2) Each country or territory shall apply to its trade with Member States and with the other countries and territories the same treatment as that which it applies to the European State with which it has special relations.

(3) The Member States shall contribute to the investments required for the progressive development of these countries and territories.

(4) For investments financed by the Union, participation in tenders and supplies shall be open on equal terms to all natural and legal persons who are nationals of a Member State or of one of the countries and territories.

(5) In relations between Member States and the countries and territories the right of establishment of nationals and companies or firms shall be regulated in accordance with the provisions of the Constitution relating to the right of establishment and on a non-discriminatory basis, subject to any special provisions laid down pursuant to Article 5.

Article 4

1. The prohibition of customs duties between Member States in accordance with the Constitution shall apply to imports into the Member States of goods originating in the countries and territories.

2. Customs duties, including those of a fiscal nature, and taxes having an equivalent effect, on imports into each country or territory from Member States or from the other countries or territories shall be prohibited.

3. The countries or territories may, however, levy customs duties which meet the needs of their development and industrialisation or produce revenue for their budgets. The duties referred to in the first subparagraph may not exceed the level of those imposed on imports of products from the Member State with which each country or territory has special relations.

4. Paragraph 2 shall not apply to countries and territories which, by reason of the particular international obligations by which they are bound, already apply a non-discriminatory customs tariff.

5. The introduction of or any change in customs duties imposed on goods imported into the countries and territories shall not, either in law or in fact, give rise to any direct or indirect discrimination between imports from the various Member States.

6. If the level of the duties applicable to goods from a third country on entry into a country or territory is liable, taking account of the application of paragraph 1, to cause deflections of trade to the detriment of any Member State, the latter may request the Commission to propose to the other Member States the measures needed to remedy the situation.

Article 5

On the basis of the experience acquired under the association of the countries and territories with the Union and of the principles set out in this Act, provisions applicable to this association shall be laid down by Law. This Law may not enter into force without the assent of the Member States which have special relations with those overseas countries and territories.

Article 6

The provisions of this Act shall apply to Greenland, subject to the specific provisions for Greenland set out in the Protocol on special arrangements for Greenland in the annex to Additional Act No 5.

ANNEX LIST OF OVERSEAS COUNTRIES AND TERRITORIES

- Greenland,
- New Caledonia and Dependencies,
- French Polynesia,
- French Southern and Antarctic Territories,
- Wallis and Futuna Islands,
- Mayotte,
- Saint Pierre and Miquelon,
- Aruba,
- Netherlands Antilles:
- Bonaire,
- Curaçao,
- Saba,
- Sint Eustatius,
- Sint Maarten,
- Anguilla,
- Cayman Islands,
- Falkland Islands,
- South Georgia and the South Sandwich Islands,
- Montserrat,
- Pitcairn,
- Saint Helena and Dependencies,
- British Antarctic Territory,
- British Indian Ocean Territory,
- Turks and Caicos Islands,
- British Virgin Islands,
- Bermuda.

ADDITIONAL ACT TO THE CONSTITUTION

No 4 SUPPLEMENTARY INSTITUTIONAL PROVISIONS

PART 1 INSTITUTIONAL PROVISIONS
T
ITLE I THE EUROPEAN PARLIAMENT 
T
ITLE II THE COUNCIL
T
ITLE IIITHE COMMISSION 
T
ITLE IV THE COURT OF JUSTICE.
CHAPTER 1 ORGANISATION 
CHAPTER 2 JURISDICTION
CHAPTER 3 JURISDICTION OF THE COURT OF FIRST INSTANCE
T
ITLE V THE COURT OF AUDITORS
T
ITLE VI THE ASSEMBLY OF THE REGIONS 
T
ITLE VII EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
T
ITLE VIII THE OMBUDSMAN
T
ITLE IX ECONOMIC AND FINANCIAL COMMITTEE 
T
ITLE X EMPLOYMENT COMMITTEE AND SOCIAL PROTECTION COMMITTEE
T
ITLE XI PROVISIONS COMMON TO THE INSTITUTIONS
PART 2
PROCEDURES AND ACTS
T
ITLE I DECISION-MAKING PROCEDURES 
CHAPTER 1LEGISLATIVE PROCEDURE
CHAPTER 2 BUDGETARY PROCEDUR
T
ITLE II COMPLIANCE WITH THE SUBSIDIARITY AND PROPORTIONALITY PRINCIPLES 
T
ITLE IIIMISCELLANEOUS PROVISIONS CONCERNING ACTS
PART 3
FINANCIAL PROVISIONS

PART 1 INSTITUTIONAL PROVISIONS

TITLE I THE EUROPEAN PARLIAMENT

Article 1

Composition of the European Parliament

The number of Members of the European Parliament elected in each Member State shall be as follows:

Belgium .................................................................. 22
Czech Republic ....................................................[20]
Denmark................................................................. 13
Germany................................................................. 99
Estonia...................................................................... 6
Greece..................................................................... 22
Spain....................................................................... 50
France..................................................................... 72
Ireland..................................................................... 12
Italy......................................................................... 72
Cyprus ...................................................................... 6
Latvia........................................................................ 8
Lithuania................................................................. 12
Luxembourg ............................................................. 6
Hungary................................................................[20]
Malta ........................................................................ 5
Netherlands............................................................. 25
Austria .................................................................... 17
Poland..................................................................... 50
Portugal .................................................................. 22
Slovenia.................................................................... 7
Slovakia.................................................................. 13
Finland.................................................................... 13
Sweden ................................................................... 18
United Kingdom..................................................... 72

Article 2

Uniform electoral procedure

  1. In so far as it is not governed by provisions of Union law, the electoral procedure shall be governed, in each Member State, by national provisions. These national provisions, which may take account of special conditions in the Member States, must not, overall, affect the proportional nature of the voting system, whether it be a list or single transferable vote system.

  2. In accordance with its specific national situation, each Member State may establish constituencies for elections to the European Parliament or subdivide its electoral area in a  ADDITIONAL ACTS different manner, without affecting the essentially proportional nature of the voting system.

  3. Member States may set a minimum threshold for the allocation of seats. At national level this threshold may not exceed 5 per cent of votes cast.

  4. Each Member State may set a ceiling for candidates' campaign expenses.

  5. On the initiative of the European Parliament or of the Commission, more detailed provisions governing the uniform electoral procedure may be laid down by Institutional Law.

Article 3

Verification of credentials

The European Parliament shall verify the credentials of its Members. For this purpose it shall take note of the results declared officially by the Member States and shall rule on any disputes which may arise out of the provisions of Union law other than those arising out of the national provisions to which the Act refers.

Article 4

Regulations applicable to Members of the European Parliament

The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council, lay down the regulations and general conditions governing the performance of the duties of its members.

Article 5

Organisation of the work of Parliament

  1. The European Parliament shall elect its President and its officers from among its Members.

  2. The European Parliament shall hold an annual session. It shall meet, without requiring to be convened, on the second Tuesday in January. The European Parliament may meet in extraordinary session at the request of a majority of its members or at the request of the Council or of the Commission.

  3. The proceedings of the European Parliament shall be published in the manner laid down in its Rules of Procedure.

Article 6

Rights and obligations of the Council

The Council shall be heard by the European Parliament, at the request of the latter or on its own initiative, in accordance with the conditions laid down in its Rules of Procedure.

The European Council shall submit to the European Parliament a report after each of its meetings and a yearly written report on the progress achieved by the Union.

Article 7

Rights and obligations of the Commission

  1. Members of the Commission may attend all meetings of the European Parliament and shall, at their request, be heard on behalf of the Commission.

  2. The Commission shall reply orally or in writing to questions put to it by the European Parliament or by its Members.

  3. The European Parliament shall discuss in open session the annual general report submitted to it by the Commission.

Article 8

Temporary Committees of Inquiry

The European Parliament may set up a temporary Committee of Inquiry to investigate alleged contraventions or maladministration in the implementation of Union law, except where the alleged facts are being examined before a court and while the case is still subject to legal proceedings.

It shall, at the request of a quarter of its Members, decide to set up a temporary Committee of Inquiry.

The detailed provisions governing the exercise of the right of inquiry shall be determined by common accord of the European Parliament, the Council and the Commission.

The temporary Committee of Inquiry shall cease to exist on the submission of its report.

Article 9

Matters governed by an Institutional Law

The following shall be laid down by an Institutional Law:

a) the date of the election, the precise duration of the five-year period for which the Members of the European Parliament are elected and the length of their term of office,
b) provisions governing seats becoming vacant and being filled by a replacement,
c) the privileges and immunities of Members of the European Parliament,
d) functions incompatible with the status of Member of the European Parliament.

TITLE II THE COUNCIL

Article 10

Meetings of the Council

  1. The Council shall meet when convened by its President or on his own initiative or at the request of one of its members or of the Commission.

  2. The European Council shall meet at least four times a year.

Article 11

Voting arrangements

  1. Where a vote is taken, any member of the Council may also act on behalf of not more than one other member.

  2. The way in which the total population and the population of each Member State must be calculated to define a qualified majority and a reinforced qualified majority shall be determined by Institutional Law.

Article 12

Committee of Permanent Representatives

A committee consisting of the Permanent Representatives of the Member States shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the Council. The Committee may adopt procedural decisions in cases provided for in the Council's Rules of Procedure.

TITLE III THE COMMISSION

Article 13

Composition

In pursuance of Article 46(2) of the Constitution, implementing arrangements for a fair rotation system for the composition of the Commission shall be laid down by an Institutional Law containing all the criteria and rules necessary for determining the composition of successive Colleges automatically on the basis of the following principles:

a) Member States shall be treated on a strictly equal footing as regards determination of the sequence of, and time spent by, their nationals as Members of the Commission; consequently, the difference between the total number of terms of office held by nationals of any given pair of Member States may never be more than one;
b) subject to point a), each successive college shall be so composed as to reflect satisfactorily the demographic and geographical range of all the Member States.

Article 14

Taking of office by the Commission

The Commission shall take office on 1 November of the year in which the European Parliament is elected.

Article 15

Independence of members

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

Article 16

Censure

1. 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.
2. The term of office of the Members of the Commission appointed to replace the Members of the Commission obliged to resign as a body shall expire on the date on which the term of office of the latter would have expired.

Article 17

Replacement of Members of the Commission

Apart from normal replacement, or death, the duties of a Member of the Commission shall end when he resigns or is compulsorily retired.

A vacancy caused by resignation, compulsory retirement or death shall be filled for the remainder of the Member's term of office by a new Member appointed by the European Council, in common accord with the President of the Commission.

In the event of resignation, compulsory retirement or death, the President shall be replaced for the remainder of his term of office. The procedure laid down for the appointment of the President applies to his replacement.

Save in the case of compulsory retirement, Members of the Commission shall remain in office until they have been replaced.

TITLE IV THE COURT OF JUSTICE

CHAPTER 1 ORGANISATION

Article 18

Organisation of the Supreme Court

1. The Supreme Court shall sit in chambers or in a Grand Chamber, in accordance with the rules laid down for that purpose in the Statute of the Court of Justice.
When provided for in the Statute, the Supreme Court may also sit as a full Court.
2. The judges shall elect the President of the Supreme Court from among their number for a term of three years. He may be re-elected.
3. The Supreme Court shall appoint its Registrar and lay down the rules governing his service.

Article 19

Composition of the Court of Justice

1. Every three years there shall be a partial replacement of the Judges and the Advocates-General as provided for in the Statute of the Court of Justice. Retiring Judges and Advocates-General shall be eligible for reappointment.
2. The number of judges of the Court of First Instance shall be determined by the Statute of the Court of Justice. The Statute may provide for the Court of First Instance to be assisted by Advocates-General.
3. The Members of the Court of First Instance shall be chosen from persons whose independence is beyond doubt and who possess the ability required for appointment to high judicial office. They shall be appointed by the Council for a term of six years. The membership shall be partially renewed every three years. Retiring members shall be eligible for reappointment.
4. The Judges shall elect the President of the Court of First Instance from among their number for a term of three years. He may be re-elected.
5. The Court of First Instance shall appoint its Registrar and lay down the rules governing his service.

Article 20

Judicial panels

1. At the request of or after consultation of the Court of Justice, judicial panels to hear and determine at first instance certain classes of action or proceeding brought in specific areas may be created by Institutional Law.

The Institutional Law creating a judicial panel shall lay down the rules on the organisation of the panel, the extent of the jurisdiction conferred upon it and the Rules of Procedure.

2. Decisions given by judicial panels may be subject to a right of appeal on points of law only or, when provided for in the Institutional Law establishing the panel, a right of appeal also on matters of fact, before the Court of First Instance.

The members of the judicial panels shall be chosen from persons whose independence is beyond doubt and who possess the ability required for appointment to judicial office. They shall be appointed by the Council.

3. Unless the Institutional Law creating the judicial panel provides otherwise, the provisions of the Constitution and the provisions of the Statute of the Court of Justice shall apply to the judicial panels.

CHAPITRE 2 JURISDICTION

Article 21

Failure to fulfil an obligation

1. If the Commission considers that a Member State has failed to fulfil an obligation under the Constitution, it shall establish such failure by reasoned decision, after giving the State concerned the opportunity to submit its observations. It shall set for the State in question a time limit for the fulfilment of its obligation.
This State may, within two months of the notification of the decision, bring an action before the Court of Justice in which the latter has unlimited jurisdiction.
2. A Member State which considers that another Member State has failed to fulfil an obligation under the Constitution may bring the matter before the Court of Justice.
Before a Member State brings an action against another Member State for an alleged infringement of an obligation under the Constitution, it shall bring the matter before the Commission.
The Commission shall deliver a reasoned opinion after each of the States concerned has been given the opportunity to submit its own case and its observations on the other party's case both orally and in writing.
If the Commission has not delivered an opinion within three months of the date on which the matter was brought before it, the absence of such opinion shall not prevent the matter from being brought before the Court of Justice.
3. As regards the fulfilment by the national central banks of the obligations resulting from the Constitution and the Statute of the European System of Central Banks, the Board of Governors of the European Central Bank shall exercise with regard to these banks the powers conferred on the Commission by paragraph 1.

As regards the fulfilment of the Member States' obligations resulting from the Statute of the European Investment Bank, the Board of that Bank shall exercise in this respect the powers conferred on the Commission by paragraph 1.

Article 22

Penalty in the event of failure to fulfil an obligation

1. If a Member State has not brought an action against a Commission decision establishing a failure to fulfil its obligations, or if the Court of Justice finds that a Member State has failed to fulfil an obligation under the Constitution, the State shall be required to take the necessary measures to comply with the Commission's decision or the judgment of the Court of Justice.
2. If the Commission considers that the Member State concerned has not taken the measures referred to in paragraph 1, it shall, after giving that State the opportunity to submit its observations, issue a reasoned opinion specifying the points on which the Member State concerned has not complied with the Commission's decision or the judgment of the Court of Justice.

If the Member State concerned fails to take the measures referred to in paragraph 1 within the time limit laid down by the Commission in that reasoned opinion, the latter may bring the case before the Court of Justice. In so doing it shall specify the amount of the lump sum or penalty payment to be paid by the Member State concerned which it considers appropriate in the circumstances.

If the Court of Justice finds that the Member State concerned has not taken the measures referred to in paragraph 1, it may impose a lump sum or penalty payment on it.

This procedure shall be without prejudice to Article 21(2).

Article 23

Preliminary ruling

The Court of Justice shall have jurisdiction to give preliminary rulings concerning:

(a) the interpretation of Union law,
(b) the validity of acts of the institutions and bodies of the Union.

Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.

Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.

Article 24

Action for annulment

1. The Court of Justice shall review the legality of acts of the institutions and bodies of the Union which produce legal effects vis-à-vis third parties.

It shall for this purpose have jurisdiction in actions brought by a Member State, the European Parliament, the Council or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Constitution or of any rule of law relating to its application, or misuse of powers.

2. The Court of Justice shall have jurisdiction under the same conditions in actions brought by the Court of Auditors, the European Central Bank, the Assembly of the Regions and the European Economic and Social Committee for the purpose of protecting their prerogatives.

The Court of Justice shall have jurisdiction in actions brought by the Assembly of the Regions or by the national parliament of a Member State for infringement of the principle of subsidiarity.

ADDITIONAL ACTS

3. Any natural or legal person may, under the same conditions, institute proceedings against a decision addressed to that person or against an act, which although in the form of an act of general application or a decision addressed to another person, is of direct and individual concern to the former.

Any natural or legal person may, under the same conditions, institute proceedings against measures implementing laws or acts of the Council which are of direct concern to that person.

4. The proceedings provided for in this Article shall be instituted within two months of the publication of the act, or of its notification to the applicant, or, in the absence thereof, of the day on which it came to the knowledge of the latter, as the case may be.

5. If the action is well founded, the Court of Justice shall declare the act concerned to be void.

The Court of Justice shall, however, it if considers this necessary, state which of the effects of the act which it has declared void shall be considered as definitive.

6. The institution or institutions whose act has been declared void shall be required to take the necessary measures to comply with the judgment of the Court of Justice.

This obligation shall not affect any obligation which may result from the noncontractual liability of the Union.

Article 25

Unlimited jurisdiction with regard to penalties

Laws and decisions of the Council may give the Court of Justice unlimited jurisdiction with regard to the penalties provided for in such acts.

Article 26

Action for damages

The Court of Justice shall have jurisdiction, in the case of non-contractual liability, in disputes relating to compensation for damage caused by the institutions and bodies of the Union or by its servants in the performance of their duties.

Article 27

Action for failure to act

1. Should an institution or a body of the Union, in infringement of the Constitution, fail to act, the Member States and the other institutions of the Union may bring an action before the Court of Justice to have the infringement established.

The action shall be admissible only if the institution or body of the Union has first been called upon to act. If, within two months of being so called upon, the institution or body concerned has not defined its position, the action may be brought within a further period of two months.

Any natural or legal person may, under the conditions laid down in the first and second subparagraphs, complain to the Court of Justice that an institution or body has failed

Article 28

Action pursuant to an arbitration clause

The Court of Justice shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by or on behalf of the Union, whether that contract be governed by public or private law.

Article 29

Public service cases

The Court of Justice shall have jurisdiction in any dispute between the Union and its servants within the limits and under the conditions laid down in the Staff Regulations applicable to officials of the Union or the Conditions of Employment.

Article 30

Objection of illegality

Notwithstanding the expiry of the time limit for bringing an action for annulment, any party may, in proceedings in which an act of an institution or body of the Union is at issue, plead grounds permitting the annulment of an act to be requested, in order to invoke before the Court of Justice the inapplicability of that act.

Article 31

Suspension of operation and interim measures

Actions brought before the Court of Justice shall not have suspensory effect. The Court of Justice may, however, if it considers that circumstances so require, order that application of the contested act be suspended.

The Court of Justice may in any cases before it prescribe any necessary interim measures.

Article 32

Enforceability

The judgments of the Court of Justice shall be enforceable under the conditions laid down in Article 65 of this Act.

Article 33

Industrial property

Provisions may be adopted by an Institutional Law to confer jurisdiction on the Court of Justice in disputes relating to the application of acts which create Community industrial property rights.

CHAPTER 3 JURISDICTION OF THE COURT OF FIRST INSTANCE

Article 34

Jurisdiction of the Court of First Instance

1. The Court of First Instance shall have jurisdiction to hear and determine at first instance actions or proceedings referred to in Articles 24, 26, 27, 29 and 30 with the exception of those assigned to a judicial panel and those reserved in the Statute for the Supreme Court. The Statute may provide for the Court of First Instance to have jurisdiction for other classes of action or proceeding.

Decisions given by the Court of First Instance under this paragraph may be subject to a right of appeal to the Supreme Court on points of law only, under the conditions and within the limits laid down by the Statute.

2. The Court of First Instance shall have jurisdiction to hear and determine actions or proceedings brought against decisions of the judicial panels.

Decisions given by the Court of First Instance under the first subparagraph may exceptionally be subject to review by the Supreme Court, under the conditions and within the limits laid down by the Statute, where there is a serious risk of the unity or consistency of Union law being affected.

3. The Court of First Instance shall have jurisdiction to hear and determine questions referred for a preliminary ruling, in specific areas laid down by the Statute.

Where the Court of First Instance considers that the case requires a decision of principle likely to affect the unity or consistency of Union law, it may refer the case to the Supreme Court for a ruling.

Decisions given by the Court of First Instance on questions referred for a preliminary ruling may exceptionally be subject to review by the Supreme Court, under the conditions and within the limits laid down by the Statute, where there is a serious risk of the unity or consistency of Union law being affected.

TITLE V THE COURT OF AUDITORS

Article 35

Regulations applicable to Members

1. The Members of the Court of Auditors shall be chosen from among persons who belong or have belonged in their respective countries to external audit bodies or who are especially qualified for this office. Their independence must be beyond doubt.

2. The Members of the Court of Auditors shall elect the President of the Court of Auditors from among their number for a term of three years. The President may be re-elected. 

3. In the performance of their duties, the Members of the Court of Auditors shall neither .
The vacancy thus caused shall be filled for the remainder of the Member's term of office. Save in the case of compulsory retirement, Members of the Court of Auditors shall remain in office until they have been replaced.

6. A Member of the Court of Auditors may be deprived of his office or of his right to a pension or other benefits in his stead only if the Court of Justice, at the request of the Court of Auditors, finds that he no longer fulfils the requisite conditions or meets the obligations arising from his office.

7. The provisions of the Protocol on the privileges and immunities annexed to Additional Act No 5 which are applicable to the Judges of the Court of Justice shall also apply to the Members of the Court of Auditors.

8. The Court of Auditors shall draw up its Rules of Procedure.

Article 36

Audits by the Court of Auditors

1. The audit of revenue shall be carried out on the basis of both the amounts established as due and the amounts actually paid to the Union.
The audit of expenditure shall be carried out on the basis of both commitments undertaken and payments made.
These audits may be carried out before the closure of accounts for the financial year in question.

2. The audit shall be based on records and, if necessary, performed on the spot in the other institutions or bodies of the Union, on the premises of any body which manages revenue or expenditure on behalf of the Union and in the Member States, including on the premises of any natural or legal person in receipt of payments from the budget. In the Member States the audit shall be carried out in liaison with national audit bodies or, if these do not have the necessary powers, with the competent national departments. The Court of Auditors and the national audit bodies of the Member States shall cooperate in a spirit of trust while maintaining their independence. These bodies or departments shall inform the Court of Auditors whether they intend to take part in the audit.

Article 37

Reports by the Court of Auditors

1. The statement of assurance concerning the reliability of the accounts shall be published in the Official Journal of the European Union.

2. The Court of Auditors shall draw up an annual report after the close of each financial year. This report shall be submitted to the other institutions or bodies of the Union and published in the Official Journal of the European Union, together with the responses of the institutions to the observations by the Court of Auditors.

The Court of Auditors may, furthermore, present its observations on specific questions at any time, in particular in the form of special reports, and give opinions at the request of one of the other institutions of the Union.

It shall adopt its annual reports, special reports or opinions by a majority of its members. However, it may form chambers with a view to adopting certain categories of report or opinion, under the conditions provided for by its Rules of Procedure.

It shall assist the European Parliament and the Council in their powers of control over the implementation of the budget.

TITLE VI THE ASSEMBLY OF THE REGIONS

Article 38

Composition

The number of members of the Assembly of the Regions shall be as follows:

Belgium .................................................................. 12
Czech Republic ...................................................... 12
Denmark................................................................... 9
Germany................................................................. 24
Estonia...................................................................... 7
Greece..................................................................... 12
Spain....................................................................... 21
France..................................................................... 24

Article 39

Appointment and status of members

The members of the Assembly and an equal number of alternate members shall be appointed for four years, on proposals from the respective Member States. Their term of office shall be renewable. The Council shall adopt the list of members and alternates drawn up in accordance with the proposals made by each Member State. When the electoral mandate or term of political accountability by virtue of which they were proposed comes to an end, the term of office of the Members of the Assembly shall terminate automatically and they shall then be replaced for the remaining period of the said term of office in accordance with the same procedure. They may not simultaneously be Members of the European Parliament.

The members of the Assembly may not be bound by any mandatory instructions.

They shall be completely independent in the performance of their duties, in the general interest of the Union.

Article 40

Organisation of the Assembly

The Assembly of the Regions shall elect its chairman and officers from among its members for a term of two years.

It shall adopt its Rules of Procedure.

The Assembly shall be convened by its chairman at the request of the European Parliament, the Council or the Commission. It may also meet on its own initiative.

TITLE VII EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

Article 41

Composition

The number of members of the European Economic and Social Committee shall be as follows:

Belgium .................................................................. 12
Czech Republic ...................................................... 12
Denmark................................................................... 9
Germany................................................................. 24
Estonia...................................................................... 7
Greece..................................................................... 12
Spain....................................................................... 21
France..................................................................... 24
Ireland....................................................................... 9
Italy......................................................................... 24
Cyprus ...................................................................... 6
Latvia........................................................................ 7
Lithuania................................................................... 9
Luxembourg ............................................................. 6
Hungary.................................................................. 12
Malta ........................................................................ 5
Netherlands............................................................. 12
Austria .................................................................... 12
Poland..................................................................... 21
Portugal .................................................................. 12
Slovenia.................................................................... 7
Slovakia.................................................................... 9
Finland...................................................................... 9
Sweden ................................................................... 12
United Kingdom.......................................................24

Article 42

Appointment and status of members

The members of the Committee shall be appointed by the Council, on proposals from the Member States and after consultation of the Commission, for four years. The Council may obtain the opinion of European bodies which are representative of the various economic and social sectors to which the activities of the Union are of concern. The term of office of the members of the Committee shall be rene