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The Treaty of the European Union

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increase in its capital and from the various formalities which may be
connected therewith in the State where the bank has its seat. The
activities of the Bank and of its organs carried on in accordance with
the Statute of the European System of Central Banks and of the
European Central Bank shall not be subject to any turnover tax.
The above provisions shall also apply to the European Monetary
Institute. Its dissolution or liquidation shall not give rise to any
imposition."

PROTOCOL
ON DENMARK
THE HIGH CONTRACTING PARTIES,
DESIRING to settle certain particular problems relating to Denmark,
HAVE AGREED UPON the following provisions, which shall be annexed
to the Treaty establishing the European Community:
The provisions of Article 14 of the Protocol on the Statute of the
European System of Central Banks and of the European System of
Central Banks and of the European Central Bank shall not affect the
right of the National Bank of Denmark to carry out its existing tasks
concerning those parts of the Kingdom of Denmark which are not part
of the Community.

PROTOCOL
ON PORTUGAL
THE HIGH CONTRACTING PARTIES,
DESIRING to settle certain particular problems relating to Portugal,
HAVE AGREED upon the following provisions, which shall be annexed
to the Treaty establishing the European Community:
1. Portugal is hereby authorized to maintain the facility afforded to the
Autonomous Regions of Azores and Madeira to benefit from an
interest-free credit facility with the Banco de Portugal under the terms
established by existing Portuguese law.
2. Portugal commits itself to pursue its best endeavors in order to put
an end to the above mentioned facility as soon as possible.

PROTOCOL
ON THE TRANSITION TO THE THIRD STAGE OF ECONOMIC AND
MONETARY UNION
THE HIGH CONTRACTING PARTIES,
Declare the irreversible character of the Community's movement to the
third stage of Economic and Monetary Union by signing the new Treaty
provisions on Economic and Monetary Union.
Therefore all Member States shall, whether they fulfil the necessary
conditions for the adoption of a single currency or not, respect the will
for the Community to enter swiftly into the third stage, and therefore no
Member State shall prevent the entering into the third stage.
If by the end of 1997 the date of the beginning of the third stage has
not been set, the Member States concerned, the Community
institutions and other bodies involved shall expedite all preparatory
work during 1998, in order to enable the Community to enter the third
stage irrevocably on 1 January 1999 and to enable the ECB and ESCB
to start their full functioning from this date.
This Protocol shall be annexed to the Treaty establishing the
European Community.

PROTOCOL
ON CERTAIN PROVISIONS RELATING TO THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND
THE HIGH CONTRACTING PARTIES,
RECOGNIZING that the United Kingdom shall not be obliged or
committed to move to the third stage of economic and monetary union
without a separate decision to do so by its government and
Parliament,
NOTING the practice of the government of the United Kingdom to fund
its borrowing requirement by the sale of debt to the private sector.
HAVE AGREED the following provisions, which shall be annexed to the
Treaty establishing the European Community:
1. The United Kingdom shall notify the Council whether it intends to
move to the third stage before the Council makes its assessment
under Article 109j(2) of this Treaty;
Unless the United Kingdom notifies the Council that it intends to move
to the third stage, it shall be under no obligation to do so.
If no date is set for the beginning of the third stage under Article
109j(3) of this Treaty, the United Kingdom may notify its intention to
move to the third stage before 1 January 1998.
2. Paragraphs 3 to 9 shall have effect if the United Kingdom notifies
the Council that it does not intend to move to the third stage.
3.The United Kingdom shall not be included among the majority of
Member States which fulfil the necessary conditions referred to in the
second indent of Article 109j(2) and the first indent of Article 109j(3) of
this Treaty.
4. The United Kingdom shall retain its powers in the field of monetary
policy according to national law.
5. Articles 3a(2), 104c(1), (9) and (11), 105(1) to (5), 105a, 107, 108,
108a, 109, 109a(1) and (2)(b) and 109l(4) and (5) of this Treaty shall not
apply to the United Kingdom. In these provisions references to the
Community or the Member States shall not include the United Kingdom
and references to national central banks shall not include the Bank of
England.
6. Articles 109e(4) and 109h and i of this Treaty shall continue to apply
to the United Kingdom. Articles 109c(4) and 109m shall apply to the
united Kingdom as if it had a derogation.
7. The voting rights of the United Kingdom shall be suspended in
respect of acts of the Council referred to in Articles listed in paragraph
5. For this purpose the weighted votes of the United Kingdom shall be
excluded form any calculation of a qualified majority under Article
109k(5) of this Treaty.
The United Kingdom shall also have no right to participate in the
appointment of the President, the Vice-President and the other
members of the Executive Board of the ECB under Articles 109a(2)(b)
and 109l(1) of this Treaty.
8. Articles 3, 4, 6, 7, 9.2, 10.1, 10.3, 11.2, 12.1, 14, 16, 18 to 20, 22, 23,
26, 27, 30 to 34, 50 and 52 of the Protocol on the Statute of the
European System of Central Banks and of the European Central Bank
("the Statute") shall not apply to the United Kingdom.
In those Articles, references to the Community or the Member States
shall not include the United Kingdom and references to national
central banks or shareholders shall not include the Bank of England.
References in Articles 10.3 and 30.2. of the Statute to "subscribed
capital of the ECB" shall not include capital subscribed by the Bank of
England.
9. Article 109(3) of this Treaty and Articles 44 to 48 of the Statute shall
have effect, whether or not there is any Member State with a
derogation, subject to the following amendments:
(a) References in Article 44 ot the tasks of the ECB and the EMI shall
include those tasks that still need to be performed in the third stage
owing to any decision of the United kingdom not to move to that Stage.
(b) In addition to the tasks referred to in Article 47 the ECB shall also
give advice in relation to and contribute to the preparation of any
decision of the Council with regard to the United Kingdom taken in
accordance with paragraphs 10(a) and 10(c).
(c) The Bank of England shall pay up its subscription to the capital of
the ECB as a contribution of its operational costs on the same basis
as national central banks of Member States with a derogation.
10. If the United Kingdom does not move to the third stage, it may
change its notification at any time after the beginning of that stage. In
that event:
(a) The United Kingdom shall have the right to move to the third stage
provided only that it satisfies the necessary conditions. The Council,
acting at the request of the United Kingdom and under the conditions
and in accordance with the procedure laid down in Article 109k(2) of
this Treaty, shall decide whether it fulfills the necessary conditions.
(b) The Bank of England shall pay up its subscribed capital, transfer to
the ECB foreign reserve assets and contribute to its reserves on the
same basis as the national central bank of a Member State whose
derogation has been abrogated.
(c) The Council, acting under the conditions and in accordance with the
procedure laid down in Article 109(5) of this Treaty, shall take all other
necessary decisions to enable the United Kingdom to move to the
third stage.
If the United Kingdom moves to the third stage pursuant to the
provisions of this protocol, paragraphs 3 to 9 shall cease to have
effect.
11. Notwithstanding Articles 104 and 109e(3) of this Treaty and Article
21.1. of the Statute, the government of the United Kingdom may
maintain its ways and means facility with the Bank of England if and
so long as the United Kingdom does not move to the third stage.

PROTOCOL
ON CERTAIN PROVISIONS RELATING TO DENMARK
THE HIGH CONTRACTING PARTIES,
DESIRING to settle, in accordance with the general objectives of the
Treaty establishing the European Community, certain particular
problems existing at the present time,
TAKING INTO ACCOUNT that the Danish Constitution contains
provisions which may imply a referendum in Denmark prior to Danish
participation in the third stage of Economic and Monetary Union,
HAVE AGREED on the following provisions, which shall be annexed to
the Treaty establishing the European Community:
1. The Danish Government shall notify the Council of its position
concerning participation in the third stage before the Council makes its
assessment under Article 109j(2) of this Treaty.
2. In the event of a notification that Denmark will not participate in the
third stage, Denmark shall have an exemption. The effect of the
exemption shall be that all Articles and provisions of this Treaty and
the Statute of the ESCB referring to a derogation shall be applicable to
Denmark.
3. In such case, Denmark shall not be included among the majority of
Member States which fulfil the necessary conditions referred to in the
second indent of Article 109j(2) and the first indent of Article 109j(3) of
this Treaty.
4. As for the abrogation of the exemption, the procedure referred to in
Article 109k(2) shall only be initiated at the request of Denmark.
5. In the event of abrogation of the exemption status, the provisions of
this Protocol shall cease to apply.

PROTOCOL
ON FRANCE
THE HIGH CONTRACTING PARTIES,
DESIRING to take into account a particular point relating to France,
HAVE AGREED upon the following provisions, which shall be annexed
to the Treaty establishing the European Community.
France will keep the privilege of monetary emission in its overseas
territories under the terms established by its national laws, and will be
solely entitled to determine the parity of the CFP franc.

PROTOCOL
ON SOCIAL POLICY
THE HIGH CONTRACTING PARTIES,
NOTING that eleven Member States, that is to say the Kingdom of
Belgium, the Kingdom of Denmark and Federal Republic of Germany,
the Hellenic Republic, the Kingdom of Spain, the French Republic,
Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the
Kingdom of the Netherlands and the Portuguese Republic, wish to
continue along the path laid down in the 1989 Social Charter; that they
have adopted among themselves an Agreement to this end; that this
Agreement is annexed to this Protocol; that this Protocol and the said
Agreement are without prejudice to the provisions of this Treaty,
particularly those relating to social policy which constitute an integral
part of the "acquis communautaire":
1. Agree to authorize those eleven Member States to have recourse to
the institutions, procedures and mechanisms of the Treaty for the
purposes of taking among themselves and applying as far as they are
concerned the acts and decisions required for giving effect to the
abovementioned Agreement.
2. The United Kingdom of Great Britain and Northern Ireland shall not
take part in the deliberations and the adoption by the Council of
Commission proposals made on the basis of the Protocol and the
above mentioned Agreement.
By way of derogation from Article 148(2) of the Treaty, acts of the
Council which are made pursuant to this Protocol and which must be
adopted by a qualified majority shall be deemed to be so adopted if
they have received at least forty-four votes in favour. The unanimity of
the members of the Council, with the exception of the United Kingdom
of Great Britain and Northern Ireland, shall be necessary for acts of
the Council which must be adopted unanimously and for those
amending the Commission proposal.
Acts adopted by the Council and any financial consequences other
than administrative costs entailed for the institutions shall not be
applicable to the United Kingdom of Great Britain and Northern Ireland.
3. This Protocol shall be annexed to the Treaty establishing the
European Community.

AGREEMENT
ON SOCIAL POLICY CONCLUDED BETWEEN THE MEMBER STATES
OF THE EUROPEAN COMMUNITY WITH THE EXCEPTION OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND.
The undersigned eleven HIGH CONTRACTING PARTIES, that is to say,
the Kingdom of Belgium, the Kingdom of Denmark, the Federal
Republic of Germany, the Hellenic Republic, the Grand Duchy of
Luxembourg, the Kingdom of the Netherlands and the Portuguese
Republic (hereinafter referred to the "the Member States"),
WISHING TO implement to the 1989 Social Charter on the basis of the
"acquis communautaire",
CONSIDERING the Protocol on social policy,
HAVE AGREED as follows:
ARTICLE 1
The Community and the Member States shall have as their objectives
the promotion of employment, improved living and working conditions,
proper social protection, dialogue between management and labour,
the development of human resources with a view to lasting high
employment and the combating of exclusion. To this end the
Community and Member States shall implement measures which take
account of the diverse forms of national practices, in particular in the
field of contractual relations, and the need to maintain the
competitiveness of the Community economy.
ARTICLE 2
1. With a view to achieving the objectives of Article 1, the Community
shall support and complement the activities of the Member States in
the following fields:
- improvement in particular of the working environment to protect
workers' health and safety;
- working conditions;
- the information and consultation of workers;
- equality between men and women with regard to labour market
opportunities and treatment at work;
- the integration of persons excluded from the labour market, without
prejudice to Article 127 of the Treaty establishing the European
Community (hereinafter referred to as "the Treaty").
2. To this end, the Council may adopt, by means of directives,
minimum requirements for gradual implementation, having regard to
the conditions and technical rules obtaining in each of the Member
States. Such directives shall avoid imposing administrative, financial
and legal constraints in a way which would hold back the creation and
development of small and medium-sized undertakings.
The Council shall act in accordance with the procedure referred to in
Article 189c of the Treaty after consulting the Economic and Social
Committee.
3. However, the Council shall act unanimously on a proposal from the
Commission, after consulting the European Parliament and the
Economic and Social Committee, in following areas:
- social security and social protection of workers;
- protection of workers where their employment contract is terminated;
- representation and collective defence of the interests of worker and
employers, including co-determination, subject to paragraph 6;
- conditions of employment for third-country nationals legally residing
in Community territory;
- financial contributions for promotion of employment and job-creation,
without prejudice to the provisions relating to the Social Fund.
4. A Member State may entrust management and labour, at their joint
request, with the implementation of directives adopted pursuant to
paragraphs 2 and 3.
In this case, it shall ensure that, no later than the date on which a
directive must be transposed in accordance with Article 189,
management and labour have introduced the necessary measures by
agreement, the Member State concerned being required to take any
necessary measure enabling it at any time to be in a position to
guarantee the results imposed by that directive.
5. The provisions adopted pursuant to this Article shall not prevent
any Member State from maintaining or introducing more stringent
protective measures compatible with the Treaty.
6. The provisions of this Article shall not apply to pay, the right of
association, the right to strike or the right to impose lock-outs.
ARTICLE 3
1. The Commission shall have the task of promoting the consultation
of management and labour at Community level and shall take any
relevant measure to facilitate their dialogue by ensuring balanced
support for the parties.
2. To this end, before submitting proposals in the social policy field,
the Commission shall consult management and labour on the possible
direction of Community action.
3. If, after such consultation, the Commission considers Community
action advisable, it shall consult management and labour on the
content of the envisaged proposal. Management and labour shall
forward to the Commission an opinion or, where appropriate, a
recommendation.
4. On the occasion of such consultation, management and labour may
inform the Commission of their wish to initiate the process provided
for in Article 4. The duration of the procedure shall not exceed nine
months, unless the management and labour concerned and the
Commission decide jointly to extend it.
ARTICLE 4
1. Should management and labour so desire, the dialogue between
them at Community level may lead to contractual relations, including
agreements.
2. Agreements concluded at Community level shall be implemented
either in accordance with the procedures and practices specific to
management and labour and the Member States or, in matters covered
by Article 2, at the joint request of the signatory parties, by a Council
decision on a proposal from the Commission.
The Council shall act by qualified majority, except where the
agreement in question contains one or more provisions relating to one
of the areas referred to in Article 2(3), in which case it shall act
unanimously.
ARTICLE 5
With a view to achieving the objectives of Article 1 and without
prejudice to the other provisions of the Treaty, the Commission shall
encourage co-operation between the Member States and facilitate the
co-ordination of their action in all social policy fields under this
Agreement.
ARTICLE 6
1. Each Member State shall ensure that the principle of equal pay for
male and female workers for equal work is applied.
2. For the purpose of this Article, "pay" means the ordinary basic or
minimum wage or salary and any other consideration, whether in cash
or in kind, which the worker receives directly or indirectly, in respect of
his employment, from his employer.
Equal pay without discrimination based on sex means:
(a) that pay for the same work at piece rates shall be calculated on the
basis of the same unit of measurement.
(b) that pay for work at time rates shall be the same for the same job.
3. This Article shall not prevent any Member State from maintaining or
adopting measures providing for specific advantages in order to make
it easier for women to pursue a vocational activity or to prevent or
compensate for disadvantages in their professional careers.
ARTICLE 7
The Commission shall draw up a report each year on progress in
achieving the objective of Article 1, including the demographic
situation in the Community. It shall forward the report to the European
Parliament, the Council and the Economic and Social Committee.
The European Parliament may invite the Commission to draw up
reports on particular problems concerning the social situation.
DECLARATIONS
1. Declaration on Article 2(2)
The eleven High Contracting Parties note that in the discussions on
Article 2(2) of the Agreement it was agreed that the Community does
not intend, in laying down minimum requirements for the protection of
the safety and health of employees, to discriminate in a manner
unjustified by the circumstances against employees in small and
medium-sized undertakings.
2. Declaration on Article 4(2)
The eleven High Contracting Parties declare that the first of the
arrangements for application of the agreements between management
and labour at Community level - referred to in Article 4(2) - will consist
in developing, by collective bargaining according to the rules of each
Member State, the content of the agreements, and that consequently
this arrangement implies no obligation on the Member States to apply
the agreements directly or to work out rules for their transposition, or
any obligation to amend national legislation in force to facilitate their
implementation.

PROTOCOL
ON ECONOMIC AND SOCIAL COHESION THE HIGH CONTRACTING
PARTIES,
RECALLING that the Union has set itself the objective of promoting
economic and social progress, inter alia, through the strengthening of
economic and social cohesion;
RECALLING that Article 2 of the Treaty establishing the European
Community includes the task of promoting economic and social
cohesion and solidarity between Member States and that the
strengthening of economic and social cohesion figures among the
activities of the Community listed in Article 3;
RECALLING that the provisions of Part Three, Title XIV, on economic
and social cohesion as a whole provide the legal basis for
consolidating and further developing the Community's action in the
field of economic and social cohesion, including the creation of a new
fund;
RECALLING that the provisions of Part Three, Title XII on trans-
European networks and Title XVI on environment envisage a Cohesion
Fund to be set up before 31 December 1993;
STATING their belief that progress towards Economic and Monetary
Union will contribute to the economic growth of all Member States;
NOTING that the Community's Structural Funds are being doubled in
real terms between 1987 and 1993, implying large transfers,
especially as a proportion of GDP of the less prosperous Member
States;
NOTING that the European Investment Bank is lending large and
increasing amounts for the benefit of the poorer regions;
NOTING the desire for greater flexibility in the arrangements for
allocation from the Structural Funds;
NOTING the desire for modulation of the levels of Community
participation in programmes and projects in certain countries;
NOTING the proposal to take greater account of the relative prosperity
of Member States in the system of own resources,
REAFFIRM that the promotion of economic and social cohesion is vital
to the full development and enduring success of the Community, and
underline the importance of the inclusion of economic and social
cohesion in Articles 2 and 3 of this Treaty;
REAFFIRM their conviction that the Structural Funds should continue to
play a considerable part in the achievement of Community objectives
in the field of cohesion;
REAFFIRM their conviction that the European Investment Bank should
continue to devote the majority of its resources to the promotion of
economic and social cohesion, and declare their willingness to review
the capital needs of the European Investment Bank as soon as this is
necessary for that purpose;
REAFFIRM the need for a thorough evaluation of the operation and
effectiveness of the Structural Funds in 1992, and the need to review,
on that occasion, the appropriate size of these Funds in the light of the
tasks of the Community in the area of economic and social cohesion;
AGREE that the Cohesion Fund to be set up before 31 December 1993
will provide Community financial contributions to projects in the fields
of environment and trans-European networks in Member States with a
per capita GNP of less than 90% of the Community average which
have a programme leading to the fulfilment of the conditions of
economic convergence as set out in Article 104c;
DECLARE their intention of allowing a greater margin of flexibility in
allocating financing from the Structural Funds to specific needs not
covered under the present Structural Funds regulations;
DECLARE their willingness to modulate the levels of Community
participation in the context of programmes and projects of the
Structural Funds, with a view to avoiding excessive increases in
budgetary expenditure in the less prosperous Member States;
RECOGNIZE the need to monitor regularly the progress made towards
achieving economic and social cohesion and state their willingness to
study all necessary measures in this respect;
DECLARE their intention of taking greater account of the contributive
capacity of individual Member States in the system of own resources,
and of examining means of correcting, for the less prosperous
Member States, regressive elements existing in the present own
resources system;
AGREE to annex this Protocol to the Treaty establishing the European
Community.

PROTOCOL
ON THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE
OF THE REGIONS
THE HIGH CONTRACTING PARTIES
HAVE AGREED upon the following provision, which shall be annexed
to this Treaty establishing the European Community:
The Economic and Social Committee and the Committee of the
Regions shall have a common organizational structure.

PROTOCOL
ANNEXED TO THE TREATY ON EUROPEAN UNION AND TO THE
TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES
THE HIGH CONTRACTING PARTIES,
HAVE AGREED upon the following provision, which shall be annexed
to the Treaty on European Union and to the Treaties establishing the
European Communities:
Nothing in the Treaty on European Union, or in the Treaties
establishing the European Communities, or in the Treaties or Acts
modifying or supplementing those Treaties, shall affect the application
in Ireland of Article 40.3.3 of the Constitution of Ireland.

FINAL ACT
1. The Conferences of the Representatives of the Governments of the
Member States convened in Rome on 15 December 1990 to adopt by
common accord the amendments to be made to the Treaty
establishing the European Economic Community with a view to the
achievement of political union and with a view to the final stages of
economic and monetary union, and those convened in Brussels on 3
February 1992 with a view to amending the Treaties establishing
respectively the European Coal and Steel Community and the
European Atomic Energy Community as a result of the amendments
envisaged for the Treaty establishing the European Economic
Community have adopted the following texts:
I
the Treaty on European Union
II
Protocols
1. Protocol on the acquisition of property in Denmark
2. Protocol concerning Article 119 of the Treaty establishing the
European Community
3. Protocol on the Statute of the European System of central banks and
of the European Central Bank
4. Protocol on the Statute of the European Monetary Institute
5. Protocol on the excessive deficit procedure
6. Protocol on the convergence criteria referred to in Article 109j of the
Treaty establishing the European Community
7. Protocol amending the Protocol on the privileges and immunities of
the European Communities
8. Protocol on Denmark
9. Protocol on Portugal
10. Protocol on the transition to the third stage of economic and
monetary union
11. Protocol on certain provisions relating to the United Kingdom of
Great Britain and Northern Ireland
12. Protocol on certain provisions relating to Denmark.
13. Protocol on France
14. Protocol on social policy, to which is annexed an agreement
concluded between the Member States of the European Community
with the exception of the United Kingdom of Great Britain and Northern
Ireland, to which two declarations are attached
15. Protocol on economic and social cohesion
16. Protocol on the Economic and Social Committee and the Committee
of the Regions
17. Protocol annexed to the Treaty on European Union and to the
Treaties establishing the European Communities
The Conferences agreed that the Protocols referred to in 1 to 16 above
will be annexed to the Treaty establishing the European Community
and that the Protocol referred to in 17 above will be annexed to the
Treaty of European Union and to the Treaties establishing the
European Communities.
2. At the time of signature of these texts, the Conferences adopted the
declarations listed below and annexed to this Final Act:
III
Declarations
1. Declaration on civil protection, energy and tourism
2. Declaration on nationality of a Member State
3. Declaration on Part Three, Titles III and VI, of the Treaty establishing
the European Community
4. Declaration on Part Three, Title VI, of the Treaty establishing the
European Community
5. Declaration on monetary co-operation with non-Community countries
6. Declaration on monetary relations with the Republic of San Marino,
the Vatican City and the Principality of Monaco
7. Declaration on Article 73d of the Treaty establishing the European
Community
8. Declaration on Article 109 of the Treaty establishing the European
Economic Community
9. Declaration on Part Three, Title XVI, of the Treaty establishing the
European Community
10. Declaration on Articles 109, 130r and 130y of the Treaty
establishing the European Community
11. Declaration on the Directive of 24 November 1988 (Emissions)
12. Declaration of the European Development Fund
13. Declaration on the role of national Parliaments in the European
Union
14. Declaration on the Conference of the Parliaments
15. Declaration on the number of members of the Commission and of
the European Parliament
16. Declaration on the hierarchy of Community Acts
17. Declaration on the right of access to information
18. Declaration on estimated costs under Commission proposals
19. Declaration on the implementation of Community law
20. Declaration on assessment of the environmental impact of
Community measures
21. Declaration on the Court Auditors
22. Declaration of the Economic and Social Committee
23. Declaration on co-operation with charitable associations
24. Declaration on the protection of animals
25. Declaration on the representation of the interests of the overseas
countries and territories referred to in Article 227(3) and (5)(a) and (b) of
the Treaty establishing the European Community
26. Declaration on the outermost regions of the Community
27. Declaration on voting in the field of the common foreign and
security policy
28 Declaration on practical arrangements in the field of the common
foreign and security policy.
29. Declaration on the use of languages in the field of the common
foreign and security policy
30. Declaration on Western European Union
31. Declaration on asylum
32. Declaration on police co-operation
33. Declaration on disputes between the ECB and the EMI and their
servants
Done at Maastricht this seventh day of February in the year on
thousand nine hundred and ninety-two
DECLARATION
ON CIVIL PROTECTION, ENERGY AND TOURISM
The Conference declares that the question of introducing into the
Treaty establishing the European Community Titles relating to the
spheres referred to in Article 3(t) of that Treaty will be examined, in
accordance with the procedure laid down in Article N(2) of the Treaty on
European Union, on the basis of a report which the Commission will
submit to the Council by 1996 at the latest.
The Commission declares that Community action in those spheres will
be pursued on the basis of the present provisions of the Treaties
establishing the European Communities.
DECLARATION
ON NATIONALITY OF A MEMBER STATE
The Conference declares that, wherever in the Treaty establishing the
European Community reference is made to nationals of the Member
States, the question whether an individual possesses the nationality
of a Member State shall be settled solely by reference to the national
law of the Member State concerned. Member States may declare, for
information, who are to be considered their nationals for Community
purposes by way of declaration lodged with the Presidency and may
amend any such declarations when necessary.
DECLARATION
ON PART THREE,TITLES III AND VI, OF THE TREATY ESTABLISHING
THE EUROPEAN COMMUNITY
The Conference affirms that, for the purposes of applying the
provisions set out in Part Three, Title III, Chapter 4 on capital and
payments, and Title VI on economic and monetary policy, of this
Treaty, the usual practice, according to which the Council meets in the
composition of Economic and Finance Ministers, shall be continued,
without prejudice to Article 109j(2) to (4) and Article 109k(2).
DECLARATION
ON PART THREE, TITLE VI, OF THE TREATY ESTABLISHING THE
EUROPEAN COMMUNITY
The Conference affirms that the President of the European Council
shall invite the Economic and Finance Ministers to participate in
European Council meetings when the European Council is discussing
matters relating to Economic and Monetary Union.
DECLARATION
ON MONETARY COOPERATION WITH NON-COMMUNITY COUNTRIES
The Conference affirms that the Community shall aim to contribute to
stable international monetary relations. To this end the Community
shall be prepared to co-operate with other European countries and with
those non-European countries with which the Community has close
economic ties.
DECLARATION
ON MONETARY RELATIONS WITH THE REPUBLIC OF SAN MARINO,
THE VATICAN CITY AND THE PRINCIPALITY OF MONACO
The Conference agrees that the existing monetary relations between
Italy and San Marino and the Vatican City and between France and
Monaco remain unaffected by the Treaty establishing the European
Community until the introduction of the ECU as the single currency of
the Community.
The Community undertakes to facilitate such renegotiations of existing
arrangements as might become necessary as a result of the
introduction of the ECU as a single currency.
DECLARATION
ON ARTICLE 73d OF THE TREATY ESTABLISHING THE EUROPEAN
COMMUNITY
The Conference affirms that the right of Member States to apply the
relevant provisions of their tax law as referred to in Article 73d(1)(a) of
this Treaty will apply only with respect to the relevant provisions
which exist at the end of 1993. However, this Declaration shall apply
only to capital movements between Member States and to payments
effected between Member States.
DECLARATION
ON ARTICLE 109 OF THE TREATY ESTABLISHING THE EUROPEAN
COMMUNITY
The Conference emphasizes that use of the term "formal agreements"
in Article 109(1) is not intended to create a new category of
international agreement within the meaning of Community law.
DECLARATION
ON PART THREE, TITLE XVI, OF THE TREATY ESTABLISHING THE
EUROPEAN COMMUNITY
The Conference considers that, in view of the increasing importance of
nature conservation at national, Community and international level,
the Community should, in exercising its powers under the provisions
of Part Three, Title XVI, take account of the specific requirements of
this area.
DECLARATION
ON ARTICLES 109, 130r AND 130y of THE TREATY ESTABLISHING
THE EUROPEAN COMMUNITY
The Conference considers that the provisions of Article 109(5), Article
130r(4), second subparagraph, and Article 130y do not affect the
principles resulting from the judgment handed down by the Court of
Justice in the AETR case.
DECLARATION
ON THE DIRECTIVE OF 24 NOVEMBER 1988 (Emissions)
The Conference declares that changes in Community legislation
cannot undermine the derogations granted to Spain and Portugal until
31 December 1999 under the Council Directive of 24 November 1988
on the limitation of emissions of certain pollutants into the air from
large combustion plants.
DECLARATION
ON THE EUROPEAN DEVELOPMENT FUND
The Conference agrees that the European Development Fund will
continue to be financed by national contributions in accordance with
the current provisions.
DECLARATION
ON THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN
UNION
The Conference considers that it is important to encourage greater
involvement of national Parliaments in the activities of the European
Union.
To this end, the exchange of information between the national
Parliaments and the European Parliament should be stepped up. In
this context, the governments of the Member States will ensure, inter
alia, that national Parliaments receive Commission proposals for
legislation in good time for information or possible examination.
Similarly, the Conference considers that it is important for contacts
between the national Parliaments and the European Parliament to be
stepped up, in particular through the granting of appropriate reciprocal
facilities and regular meetings between members of Parliament
interested in the same issues.
DECLARATION
ON THE CONFERENCE OF THE PARLIAMENTS
The Conference invites the European Parliament and the national
Parliaments to meet as necessary as a Conference of the Parliaments
(or "Assises")
The Conference of the Parliaments will be consulted on the main
features of the European Union, without prejudice to the powers of the
European Parliament and the rights of the national Parliaments. The
President of the European Council and the President of the
Commission will report to each session of the Conference of the
Parliaments on the state of the Union.
DECLARATION
ON THE NUMBER OF MEMBERS OF THE COMMISSION AND OF THE
EUROPEAN PARLIAMENT
The Conference agrees that the Member States will examine the
questions relating to the number of members of the Commission and
the number of members of the European Parliament no later than at
the end of 1992, with a view to reaching an agreement which will
permit the establishment of the necessary legal basis for fixing the
number of members of the European Parliament in good time for the
1994 elections. The decisions will be taken in the light, inter alia, of
the need to establish the overall size of the European Parliament in an
enlarged Community.
DECLARATION
ON THE HIERARCHY OF COMMUNITY ACTS
The Conference agrees that the Intergovernmental Conference to be
convened in 1996 will examine to what extent it might be possible to
review the classification of Community acts with a view to establishing
an appropriate hierarchy between the different categories of act.
DECLARATION
ON THE RIGHT OF ACCESS TO INFORMATION
The Conference considers that transparency of the decision-making
process strengthens the democratic nature of the institutions and the
public's confidence in the administration. The Conference accordingly
recommends that the Commission submit to the Council no later than
1993 a report on measures designed to improve public access to the
information available to the institutions.
DECLARATION
ON ESTIMATED COSTS UNDER COMMISSION PROPOSALS
The Conference notes that the Commission undertakes, by basing
itself where appropriate on any consultations it considers necessary
and by strengthening its system for evaluating Community legislation,
to take account in its legislative proposals of costs and benefits to the
Member States' public authorities and all the parties concerned.
DECLARATION
ON THE IMPLEMENTATION OF COMMUNITY LAW
1. The Conference stresses that it is central to the coherence and unity
of the process of European construction that each Member State
should fully and accurately transpose into national law the Community
Directives addressed to it within the deadlines laid down therein.
Moreover, the Conference, while recognizing that it must be for each
Member State to determine how the provisions of Community law can
best be enforced in the light of its own particular institutions, legal
system and other circumstances, but in any event in compliance with
Article 189 of the Treaty establishing the European Community,
considers it essential for the proper functioning of the Community that
the measures taken by the different Member States should result in
Community law being applied with the same effectiveness and rigour
as in the application of their national law.
2. The Conference calls on the Commission to ensure, in exercising its
powers under Article 155 of this Treaty, that Member States fulfill their
obligations. It asks the Commission to publish periodically a full report
for the Member States and the European Parliament.
DECLARATION
ON ASSESSMENT OF THE ENVIRONMENTAL IMPACT OF COMMUNITY
MEASURES
The Conference notes that the Commission undertakes in its
proposals, and that the Member States undertake in implementing
those proposals, to take full account of their environmental impact and
of the principle of sustainable growth.
DECLARATION
ON THE COURT OF AUDITORS
The Conference emphasizes the special importance it attaches to the
task assigned to the Court of Auditors by Articles 188a, 188b, 188c and
206 of the Treaty establishing the European Community.
It requests the other Community institutions to consider, together with
the Court of Auditors, all appropriate ways of enhancing the
effectiveness of its work.
DECLARATION ON THE ECONOMIC AND SOCIAL COMMITTEE
The Conference agrees that the Economic and Social Committee will
enjoy the same independence with regard to its budget and staff
management as the Court Auditors has enjoyed hitherto.
DECLARATION
ON COOPERATION WITH CHARITABLE ASSOCIATIONS
The Conference stresses the importance, in pursuing the objectives of
Article 117 on the Treaty establishing the European Community, of co-
operation between the latter and charitable associations and
foundations as institutions responsible for social welfare
establishments and services.
DECLARATION
ON THE PROTECTION OF ANIMALS
The Conference calls upon the European Parliament, the Council and
the Commission, as well as the Member States, when drafting and
implementing Community legislation on the common agricultural
policy, transport, the internal market and research, to pay full regard to
the welfare requirements of animals.
DECLARATION
ON THE REPRESENTATION OF THE INTERESTS OF THE OVERSEAS
COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 227(3)
AND (5)(a) AND (b) OF THE TREATY ESTABLISHING THE EUROPEAN
COMMUNITY
The Conference, noting that in exceptional circumstances divergences
may arise between the interests of the Union and those of the
overseas countries and territories referred to in Article 227(3) and
(5)(a) and (b), agrees that the Council will seek to reach a solution
which accords with the position of the Union. However, in the event
that this proves impossible, the Conference agrees that the Member
State concerned may act separately in the interests of the said
overseas countries and territories, without this affecting the
Community's interests. The Member State concerned will give notice
to the Council and the Commission where such a divergence of
interests is likely to occur and, when separate action proves
unavoidable, make it clear that it is acting in the interests of overseas
territory mentioned above.
This declaration also applies to Macao and East Timor.
DECLARATION
ON THE OUTERMOST REGIONS OF THE COMMUNITY
The Conference acknowledges that the outermost regions of the
Community (the French overseas departments, Azores and Madeira
and Canary Islands) suffer from major structural backwardness
compounded by several phenomena (remoteness, island status, small
size, difficult topography and climate, economic dependence on a few
products), the permanence and combination of which severely restrain
their economic and social development.
It considers that, while the provisions of the Treaty establishing the
European Community and secondary legislation apply automatically to
outermost regions, it is nonetheless possible to adopt specific
measures to assist them inasmuch and as long as there is an
objective need to take such measures with a view to the economic and
social development of those regions. Such measures should have
their aim both the completion of the internal market and a recognition
of the regional reality to enable the outermost regions to achieve the
average economic and social level of the Community.
DECLARATION
ON VOTING IN THE FIELD OF THE COMMON FOREIGN AND SECURITY
POLICY
The Conference agrees that, with regard to Council decisions requiring
unanimity, Member States will, to the extent possible, avoid
preventing a unanimous decision where a qualified majority exists in
favour of that decision.
DECLARATION
ON PRACTICAL ARRANGEMENTS IN THE FIELD OF THE COMMON
FOREIGN AND SECURITY POLICY
The Conference agrees that the division of work between the Political
Committee and the Committee of Permanent Representatives will be
examined at a later stage, as will the practical arrangements for
merging the Political Co-operation Secretariat with the General
Secretariat of the Council and for co-operation between the latter and
the Commission.
DECLARATION ON THE USE OF LANGUAGES IN THE FIELD OF THE
COMMON FOREIGN AND SECURITY POLICY
The Conference agrees that the use of languages shall be in
accordance with the rules of the European Communities.
For COREU communications, the current practice of European political
co-operation will serve as a guide for the time being.
All common foreign and security policy texts which are submitted to or
adopted at meeting of the European Council and of the Council as well
as all texts which are to be published are immediately and
simultaneously translated into all the official Community languages.
DECLARATION
ON WESTERN EUROPEAN UNION
The Conference notes the following declarations:
I. DECLARATION
by Belgium, Germany, Spain, France, Italy, Luxembourg, the
Netherlands, Portugal and the United Kingdom of Great Britain and
Northern Ireland, which are members of the Western European Union
and also members of the European Union on
THE ROLE OF THE WESTERN EUROPEAN UNION AND ITS RELATIONS
WITH THE EUROPEAN UNION AND WITH THE ATLANTIC ALLIANCE
Introduction
1. WEU Member States agree on the need to develop a genuine
European security and defence identity and a greater European
responsibility on defence matters. This identity will be pursued
through a gradual process involving successive phases. WEU will
form an integral part of the process of the development of the
European Union and will enhance its contribution to solidarity within
the Atlantic Alliance. WEU Member States agree to strengthen the role
of WEU, in the longer term perspective of a common defence,
compatible with that of the Atlantic Alliance.
2. WEU will be developed as the defence component of the European
Union and as a means to strengthen the European pillar of the Atlantic
Alliance. To this end, it will formulate common European defence
policy and carry forward its concrete implementation through the
further development of its own operational role.
WEU Member States take note of Article J.4 relating to the common
foreign and security policy of the Treaty on European Union which
reads as follows:
"1. The common foreign and security policy shall include all questions
related to the security of the Union, including the eventual framing of a
common defence policy, which might in time lead to a common
defence.
2. The union requests the Western Union (WEU), which is an integral
part of the development of the Union, to elaborate and implement
decisions and actions of the Union which have defence implications.
The Council shall, in agreement with the institutions of the WEU, adopt
the necessary practical arrangements.
3. Issues having defence implications dealt with under this Article
shall not be subject to the procedures set out in Article J.3.
4. The policy of the Union in accordance with this Article shall not
prejudice the specific character of the security and defence policy of
certain Member States and shall respect the obligations of certain
Member States under the North Atlantic Treaty and be compatible with
the common security and defence policy established within that
framework.
5. The provisions of this Article shall not prevent the development of
closer co-operation between two or more Member States on a bilateral
level, in the framework of the WEU and the Atlantic Alliance, provided
such co-operation does not run counter to or impede that provided for
in this Title.
6. With a view to furthering the objective of this Treaty, and having in
view the date of 1998 in the context of Article XII of the Brussels
Treaty, the provisions of this Article may be revised as provided for in
Article N(2) on the basis of a report to be presented in 1996 by the
Council to the European Council, which shall include an evaluation of
the progress made and the experience gained until then."
A. WEU's relations with European Union
3. The objective is to build up WEU in stages as the defence
component of the European Union. To this end, WEU is prepared, at
the request of the European Union, to elaborate and implement
decisions and actions of the Union which have defence implications.
To this end, WEU will take the following measures to develop a close
working relationship with the Union:
- as appropriate, synchronization of the dates and venues of meetings
and harmonization of working methods;
- establishment of close co-operation between the Council and
Secretariat-General of WEU on the one hand, and the Council of the
Union and General Secretariat of the Council on the other;
- consideration of the harmonization of the sequence and duration of
the respective Presidencies;
- arranging for appropriate modalities so as to ensure that the
Commission of the European Communities is regularly informed and,
as appropriate, consulted on WEU activities in accordance with the
role of the Commission in the common foreign and security policy as
defined in the Treaty on European Union;
- encouragement of closer co-operation between the Parliamentary
Assembly of WEU and the European Parliament.
The WEU Council shall, in agreement with the competent bodies of the
European Union, adopt the necessary practical arrangements.
B. WEU's relations with the Atlantic Alliance
4. The objective is to develop WEU as a means to strengthen the
European pillar of the Atlantic Alliance. Accordingly WEU is prepared
to develop further the close working links between WEU and the
Alliance and to strengthen the role, responsibilities and contributions
of WEU Member States in the Alliance. This will be undertaken on the
basis of the necessary transparency and complementarity between
the emerging European security and defence identity and the Alliance.
WEU will act in conformity with the positions adopted in the Atlantic
Alliance.
- WEU Member States will intensify their co-ordination on Alliance
issues which represent an important common interest with the aim of
introducing joint positions agreed in WEU into the process of
consultation in the Alliance which will remain the essential forum for
consultation among its members and the venue for agreement on
policies bearing on the security and defence commitments of Allies
under the North Atlantic Treaty.
- Where necessary, dates and venues of meetings will be
synchronized and working methods harmonized.
- Close co-operation will be established between the Secretariats-
General of WEU and NATO.
C. Operational role of WEU
5. WEU's operational role will be strengthened by examining and
defining appropriate missions, structures and means, covering in
particular:
-WEU planning cell;
- closer military co-operation complementary to the Alliance in
particular in the fields of logistics, transport, training and strategic
surveillance;
- meetings of WEU Chiefs of Defence Staff;
- military units answerable to WEU.
Other proposals will be examined further including:
- enhanced co-operation in the field of armaments with the aim of
creating a European armaments agency;
-development of the WEU Institute into a European Security and
Defence Academy.
Arrangements aimed at giving WEU a stronger operational role will be
fully compatible with the military dispositions necessary to ensure the
collective defence of all Allies.
D. Other measures
6. As a consequence of the measures set out above, and in order to
facilitate the strengthening of WEU's role, the seat of the WEU Council
and Secretariat will be transferred to Brussels.
7. Representation of the WEU Council must be such that the Council is
able to exercise its functions continuously in accordance with Article
VIII of the modified Brussels Treaty. Member States may draw on a
double-hatting formula, to be worked out, consisting of their
representatives to the Alliance and to the European Union.
8. WEU notes that, in accordance with the provisions of Article J.4(6)
concerning the common foreign and security policy of the Treaty on
European Union, the Union will decide to review the provisions of this
Article with a view to furthering the objective to be set by it in
accordance with the procedure defined. The WEU will re-examine the
present provisions in 1996. This re-examination will take account of
the progress and experience acquired and will extend to relations
between WEU and the Atlantic Alliance.
II. DECLARATION
by Belgium, Germany, Spain, France, Italy, Luxembourg, the
Netherlands, Portugal and the United Kingdom of Great Britain and
Northern Ireland which are members of the Western European Union.
"The Member States of WEU welcome the development of the
European security and defence identity. They are determined, taking
into account the role of WEU as the defence component of the
European Union and as the means to strengthen the European pillar of
the Atlantic Alliance, to put the relationship between WEU and the
other European States on a new basis for the sake of stability and
security in Europe. In this spirit, they propose the following:
States which are members of the European Union are invited to
accede to WEU on conditions to be agreed in accordance with Article
XI of the modified Brussels Treaty, or to become observers if they so
wish. Simultaneously, other European Member States of NATO are
invited to become associate members of WEU in a way which will give
them the possibility of participating fully in the activities of WEU.
The Member States of WEU assume that treaties and agreements
corresponding with the above proposals will be concluded before 31
December 1992."
DECLARATION
ON ASYLUM
1. The Conference agrees that, in the context of the proceedings
provided for in Articles K.1 and K.3 of the provisions on co-operation in
the fields of justice and home affairs, the Council will consider as a
matter of priority questions concerning Member States' asylum
policies, with the aim of adoption by the beginning of 1993, common
action to harmonize aspects of them, in the light of the work
programme and timetable contained in the report on asylum drawn up
at the request of the European Council meeting in Luxembourg on 28
and 29 June 1991.
2. In this connection, the Council will also consider, by the end of
1993, on the basis of a report, the possibility of applying Article K.9 to
such matters.
DECLARATION
ON POLICE CO-OPERATION
The Conference confirms the agreement of the Member States on the
objectives underlying the German delegations's proposals at the
European Council meeting in Luxembourg on 28 and 29 June 1991.
For the present, the Member States agree to examine as a matter of
priority the drafts submitted to them, on the basis of the work
programme and timetable agreed upon in the report drawn up at the
request of the Luxembourg European Council, and they are willing to
envisage the adoption of practical measures in areas such as those
suggested by the German delegation, relating to the following
functions in the exchange of information and experience:
- support for national criminal investigation and security authorities, in
particular in the co-ordination of investigations and search operations;
- creation of data bases;
- central analysis and assessment of information in order to take stock
of the situation and identify investigative approaches;
- collection and analysis of national prevention programmes for
forwarding to Member States and for drawing up Europe-wide
prevention strategies;
- measures relating to further training, research, forensic matters and
criminal records departments.
Member States agree to consider on the basis of a report, during 1994
at the latest, whether the scope of such co-operation should be
extended.
DECLARATION
ON DISPUTES BETWEEN THE ECB AND THE EMI AND THEIR
SERVANTS
The Conference considers it proper that the Court of First Instance
should hear this class of action in accordance with Article 168a of the
Treaty establishing the European Community. The Conference
therefore invites the institutions to adapt the relevant rules
accordingly.
Done at Maastricht on the seventh day of February one thousand nine
hundred and ninety two
[ here follow the signatures ]

MAY1_92
On 1 May 1992, in Guimaraes (Portugal), the High Contracting Parties
to the Treaty on European Union adopted the following Declaration:

DECLARATION OF THE HIGH CONTRACTING PARTIES TO THE TREATY
ON EUROPEAN UNION

The High Contracting Parties to the Treaty on European Union signed
at Maastricht on the seventh day of February 1992,
Having considered the terms of Protocol No 17 to the said Treaty on
European Union which is annexed to that Treaty and to the Treaties
establishing the European Communities, Hereby give the following
legal interpretation:

That it was and is their intention that the Protocol shall not limit
freedom to travel between Member States or, in accordance with
conditions which may be laid down, in conformity with Community law,
by Irish legislation, to obtain or make available in Ireland information
relating to services lawfully available in Member States.

At the same time the High Contracting Parties solemly declare that, in
the event of a future constitutional amendment in Ireland which
concerns the subject matter of Article 40.3.3. of the Constitution of
Ireland and which does not conflict with the intention of the High
Contracting Parties hereinbefore expressed, they will, following the
entry into force of the Treaty on European Union, be favourably
disposed to amending the said Protocol so as to extend its application
to such constitutional amendment if Ireland so requests.

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