Article 25
Article 81
Article 87
Article 88
Article 226
Article 227
Article 230
Article 234
Article 249
Article 1
By this Treaty, the HIGH CONTRACTING
PARTIES establish among themselves a EUROPEAN COMMUNITY.
Article 2
The Community shall have as its task, by
establishing a common market and an economic and monetary union and by
implementing common policies or activities referred to in Articles 3 and
4, to promote throughout the Community a harmonious, balanced and
sustainable development of economic activities, a high level of employment
and of social protection, equality between men and women, sustainable and
non-inflationary growth, a high degree of competitiveness and convergence
of economic performance, a high level of protection and improvement of the
quality of the environment, the raising of the standard of living and
quality of life, and economic and social cohesion and solidarity among
Member States.
Article 3
1. For the purposes set out in
Article 2, the activities of the Community shall include, as provided in
this Treaty and in accordance with the timetable set out therein:
| (a) |
|
the
prohibition, as between Member States, of customs duties and
quantitative restrictions on the import and export of goods, and of
all other measures having equivalent effect; |
| (b) |
|
a common
commercial policy; |
| (c) |
|
an
internal market characterised by the abolition, as between Member
States, of obstacles to the free movement of goods, persons,
services and capital; |
| (d) |
|
measures
concerning the entry and movement of persons as provided for in
Title IV; |
| (e) |
|
a common
policy in the sphere of agriculture and fisheries; |
| (f) |
|
a common
policy in the sphere of transport; |
| (g) |
|
a system
ensuring that competition in the internal market is not distorted; |
| (h) |
|
the
approximation of the laws of Member States to the extent required
for the functioning of the common market; |
| (i) |
|
the
promotion of coordination between employment policies of the Member
States with a view to enhancing their effectiveness by developing a
coordinated strategy for employment; |
| (j) |
|
a policy
in the social sphere comprising a European Social Fund; |
| (k) |
|
the
strengthening of economic and social cohesion; |
| (l) |
|
a policy
in the sphere of the environment; |
| (m) |
|
the
strengthening of the competitiveness of Community industry; |
| (n) |
|
the
promotion of research and technological development; |
| (o) |
|
encouragement for the establishment and development of
trans-European networks; |
| (p) |
|
a
contribution to the attainment of a high level of health protection; |
| (q) |
|
a
contribution to education and training of quality and to the
flowering of the cultures of the Member States; |
| (r) |
|
a policy
in the sphere of development cooperation; |
| (s) |
|
the
association of the overseas countries and territories in order to
increase trade and promote jointly economic and social development; |
| (t) |
|
a
contribution to the strengthening of consumer protection; |
| (u) |
|
measures
in the spheres of energy, civil protection and tourism. |
2. In all the activities referred
to in this Article, the Community shall aim to eliminate inequalities, and
to promote equality, between men and women.
Article 4
1. For the purposes set out in
Article 2, the activities of the Member States and the Community shall
include, as provided in this Treaty and in accordance with the timetable
set out therein, the adoption of an economic policy which is based on the
close coordination of Member States' economic policies, on the internal
market and on the definition of common objectives, and conducted in
accordance with the principle of an open market economy with free
competition.
2. Concurrently with the
foregoing, and as provided in this Treaty and in accordance with the
timetable and the procedures set out therein, these activities shall
include the irrevocable fixing of exchange rates leading to the
introduction of a single currency, the ecu, and the definition and conduct
of a single monetary policy and exchange-rate policy the primary objective
of both of which shall be to maintain price stability and, without
prejudice to this objective, to support the general economic policies in
the Community, in accordance with the principle of an open market economy
with free competition.
3. These activities of the Member
States and the Community shall entail compliance with the following
guiding principles: stable prices, sound public finances and monetary
conditions and a sustainable balance of payments.
Article 5
The Community shall act within the limits
of the powers conferred upon it by this Treaty and of the objectives
assigned to it therein.
In areas which do not fall within its
exclusive competence, the Community shall take action, in accordance with
the principle of subsidiarity, only if and in so far as the objectives of
the proposed action cannot be sufficiently achieved by the Member States
and can therefore, by reason of the scale or effects of the proposed
action, be better achieved by the Community.
Any action by the Community shall not go
beyond what is necessary to achieve the objectives of this Treaty.
Article 6
Environmental protection requirements
must be integrated into the definition and implementation of the Community
policies and activities referred to in Article 3, in particular with a
view to promoting sustainable development.
Article 7
1. The tasks entrusted to the
Community shall be carried out by the following institutions:
Each institution shall act within the
limits of the powers conferred upon it by this Treaty.
2. The Council and the Commission
shall be assisted by an Economic and Social Committee and a Committee of
the Regions acting in an advisory capacity.
Article 8
A European system of central banks
(hereinafter referred to as "ESCB") and a European Central Bank
(hereinafter referred to as "ECB") shall be established in accordance with
the procedures laid down in this Treaty; they shall act within the limits
of the powers conferred upon them by this Treaty and by the Statute of the
ESCB and of the ECB (hereinafter referred to as "Statute of the ESCB")
annexed thereto.
Article 9
A European Investment Bank is hereby
established, which shall act within the limits of the powers conferred
upon it by this Treaty and the Statute annexed thereto.
Article 10
Member States shall take all appropriate
measures, whether general or particular, to ensure fulfilment of the
obligations arising out of this Treaty or resulting from action taken by
the institutions of the Community. They shall facilitate the achievement
of the Community's tasks.
They shall abstain from any measure which
could jeopardise the attainment of the objectives of this Treaty.
Article 11
1. Member States which intend to
establish enhanced cooperation between themselves in one of the areas
referred to in this Treaty shall address a request to the Commission,
which may submit a proposal to the Council to that effect. In the event of
the Commission not submitting a proposal, it shall inform the Member
States concerned of the reasons for not doing so.
2. Authorisation to establish
enhanced cooperation as referred to in paragraph 1 shall be granted, in
compliance with Articles 43 to 45 of the Treaty on European Union, by the
Council, acting by a qualified majority on a proposal from the Commission
and after consulting the European Parliament. When enhanced cooperation
relates to an area covered by the procedure referred to in Article 251 of
this Treaty, the assent of the European Parliament shall be required.
A member of the Council may request that
the matter be referred to the European Council. After that matter has been
raised before the European Council, the Council may act in accordance with
the first subparagraph of this paragraph.
3. The acts and decisions
necessary for the implementation of enhanced cooperation activities shall
be subject to all the relevant provisions of this Treaty, save as
otherwise provided in this Article and in Articles 43 to 45 of the Treaty
on European Union.
Article 11a
Any Member State which wishes to
participate in enhanced cooperation established in accordance with Article
11 shall notify its intention to the Council and to the Commission, which
shall give an opinion to the Council within three months of the date of
receipt of that notification. Within four months of the date of receipt of
that notification, the Commission shall take a decision on it, and on such
specific arrangements as it may deem necessary.
Article 12
Within the scope of application of this
Treaty, and without prejudice to any special provisions contained therein,
any discrimination on grounds of nationality shall be prohibited.
The Council, acting in accordance with
the procedure referred to in Article 251, may adopt rules designed to
prohibit such discrimination.
Article 13
1. Without prejudice to the other
provisions of this Treaty and within the limits of the powers conferred by
it upon the Community, the Council, acting unanimously on a proposal from
the Commission and after consulting the European Parliament, may take
appropriate action to combat discrimination based on sex, racial or ethnic
origin, religion or belief, disability, age or sexual orientation.
2. By way of derogation from
paragraph 1, when the Council adopts Community incentive measures,
excluding any harmonisation of the laws and regulations of the Member
States, to support action taken by the Member States in order to
contribute to the achievement of the objectives referred to in paragraph
1, it shall act in accordance with the procedure referred to in Article
251.
Article 14
1. The Community shall adopt
measures with the aim of progressively establishing the internal market
over a period expiring on 31 December 1992, in accordance with the
provisions of this Article and of Articles 15, 26, 47(2), 49, 80, 93 and
95 and without prejudice to the other provisions of this Treaty.
2. The internal market shall
comprise an area without internal frontiers in which the free movement of
goods, persons, services and capital is ensured in accordance with the
provisions of this Treaty.
3. The Council, acting by a
qualified majority on a proposal from the Commission, shall determine the
guidelines and conditions necessary to ensure balanced progress in all the
sectors concerned.
Article 15
When drawing up its proposals with a view
to achieving the objectives set out in Article 14, the Commission shall
take into account the extent of the effort that certain economies showing
differences in development will have to sustain during the period of
establishment of the internal market and it may propose appropriate
provisions.
If these provisions take the form of
derogations, they must be of a temporary nature and must cause the least
possible disturbance to the functioning of the common market.
Article 16
Without prejudice to Articles 73, 86 and
87, and given the place occupied by services of general economic interest
in the shared values of the Union as well as their role in promoting
social and territorial cohesion, the Community and the Member States, each
within their respective powers and within the scope of application of this
Treaty, shall take care that such services operate on the basis of
principles and conditions which enable them to fulfil their missions.
PART TWO
CITIZENSHIP OF THE UNION
Article 17
1. Citizenship of the Union is
hereby established. Every person holding the nationality of a Member State
shall be a citizen of the Union. Citizenship of the Union shall complement
and not replace national citizenship.
2. Citizens of the Union shall
enjoy the rights conferred by this Treaty and shall be subject to the
duties imposed thereby.
Article 18
1. Every citizen of the Union
shall have the right to move and reside freely within the territory of the
Member States, subject to the limitations and conditions laid down in this
Treaty and by the measures adopted to give it effect.
2. If action by the Community
should prove necessary to attain this objective and this Treaty has not
provided the necessary powers, the Council may adopt provisions with a
view to facilitating the exercise of the rights referred to in paragraph
1. The Council shall act in accordance with the procedure referred to in
Article 251.
3. Paragraph 2 shall not apply to
provisions on passports, identity cards, residence permits or any other
such document or to provisions on social security or social protection.
Article 19
1. Every citizen of the Union
residing in a Member State of which he is not a national shall have the
right to vote and to stand as a candidate at municipal elections in the
Member State in which he resides, under the same conditions as nationals
of that State. This right shall be exercised subject to detailed
arrangements adopted by the Council, acting unanimously on a proposal from
the Commission and after consulting the European Parliament; these
arrangements may provide for derogations where warranted by problems
specific to a Member State.
2. Without prejudice to Article
190(4) and to the provisions adopted for its implementation, every citizen
of the Union residing in a Member State of which he is not a national
shall have the right to vote and to stand as a candidate in elections to
the European Parliament in the Member State in which he resides, under the
same conditions as nationals of that State. This right shall be exercised
subject to detailed arrangements adopted by the Council, acting
unanimously on a proposal from the Commission and after consulting the
European Parliament; these arrangements may provide for derogations where
warranted by problems specific to a Member State.
Article 20
Every citizen of the Union shall, in the
territory of a third country in which the Member State of which he is a
national is not represented, be entitled to protection by the diplomatic
or consular authorities of any Member State, on the same conditions as the
nationals of that State. Member States shall establish the necessary rules
among themselves and start the international negotiations required to
secure this protection.
Article 21
Every citizen of the Union shall have the
right to petition the European Parliament in accordance with Article 194.
Every citizen of the Union may apply to
the Ombudsman established in accordance with Article 195.
Every citizen of the Union may write to
any of the institutions or bodies referred to in this Article or in
Article 7 in one of the languages mentioned in Article 314 and have an
answer in the same language.
Article 22
The Commission shall report to the
European Parliament, to the Council and to the Economic and Social
Committee every three years on the application of the provisions of this
part. This report shall take account of the development of the Union.
On this basis, and without prejudice to
the other provisions of this Treaty, the Council, acting unanimously on a
proposal from the Commission and after consulting the European Parliament,
may adopt provisions to strengthen or to add to the rights laid down in
this part, which it shall recommend to the Member States for adoption in
accordance with their respective constitutional requirements.
PART THREE
COMMUNITY POLICIES
TITLE I
FREE MOVEMENT OF GOODS
Article 23
1. The Community shall be based
upon a customs union which shall cover all trade in goods and which shall
involve the prohibition between Member States of customs duties on imports
and exports and of all charges having equivalent effect, and the adoption
of a common customs tariff in their relations with third countries.
2. The provisions of Article 25
and of Chapter 2 of this title shall apply to products originating in
Member States and to products coming from third countries which are in
free circulation in Member States.
Article 24
Products coming from a third country
shall be considered to be in free circulation in a Member State if the
import formalities have been complied with and any customs duties or
charges having equivalent effect which are payable have been levied in
that Member State, and if they have not benefited from a total or partial
drawback of such duties or charges.
CHAPTER 1
THE CUSTOMS UNION
Article 25
Customs duties on imports and exports and
charges having equivalent effect shall be prohibited between Member
States. This prohibition shall also apply to customs duties of a fiscal
nature.
Article 26
Common Customs Tariff duties shall be
fixed by the Council acting by a qualified majority on a proposal from the
Commission.
Article 27
In carrying out the tasks entrusted to it
under this chapter the Commission shall be guided by:
| (a) |
|
the need
to promote trade between Member States and third countries; |
| (b) |
|
developments in conditions of competition within the Community in so
far as they lead to an improvement in the competitive capacity of
undertakings; |
| (c) |
|
the
requirements of the Community as regards the supply of raw materials
and semi-finished goods; in this connection the Commission shall
take care to avoid distorting conditions of competition between
Member States in respect of finished goods; |
| (d) |
|
the need
to avoid serious disturbances in the economies of Member States and
to ensure rational development of production and an expansion of
consumption within the Community. |
CHAPTER 2
PROHIBITION OF QUANTITATIVE RESTRICTIONS
BETWEEN MEMBER STATES
Article 28
Quantitative restrictions on imports and
all measures having equivalent effect shall be prohibited between Member
States.
Article 29
Quantitative restrictions on exports, and
all measures having equivalent effect, shall be prohibited between Member
States.
Article 30
The provisions of Articles 28 and 29
shall not preclude prohibitions or restrictions on imports, exports or
goods in transit justified on grounds of public morality, public policy or
public security; the protection of health and life of humans, animals or
plants; the protection of national treasures possessing artistic, historic
or archaeological value; or the protection of industrial and commercial
property. Such prohibitions or restrictions shall not, however, constitute
a means of arbitrary discrimination or a disguised restriction on trade
between Member States.
Article 31
1. Member States shall adjust any
State monopolies of a commercial character so as to ensure that no
discrimination regarding the conditions under which goods are procured and
marketed exists between nationals of Member States.
The provisions of this Article shall
apply to any body through which a Member State, in law or in fact, either
directly or indirectly supervises, determines or appreciably influences
imports or exports between Member States. These provisions shall likewise
apply to monopolies delegated by the State to others.
2. Member States shall refrain
from introducing any new measure which is contrary to the principles laid
down in paragraph 1 or which restricts the scope of the articles dealing
with the prohibition of customs duties and quantitative restrictions
between Member States.
3. If a State monopoly of a
commercial character has rules which are designed to make it easier to
dispose of agricultural products or obtain for them the best return, steps
should be taken in applying the rules contained in this article to ensure
equivalent safeguards for the employment and standard of living of the
producers concerned.
TITLE II
AGRICULTURE
Article 32
1. The common market shall extend
to agriculture and trade in agricultural products. "Agricultural products"
means the products of the soil, of stockfarming and of fisheries and
products of first-stage processing directly related to these products.
2. Save as otherwise provided in
Articles 33 to 38, the rules laid down for the establishment of the common
market shall apply to agricultural products.
3. The products subject to the
provisions of Articles 33 to 38 are listed in Annex I to this Treaty.
4. The operation and development
of the common market for agricultural products must be accompanied by the
establishment of a common agricultural policy.
Article 33
1. The objectives of the common
agricultural policy shall be:
| (a) |
|
to
increase agricultural productivity by promoting technical progress
and by ensuring the rational development of agricultural production
and the optimum utilisation of the factors of production, in
particular labour; |
| (b) |
|
thus to
ensure a fair standard of living for the agricultural community, in
particular by increasing the individual earnings of persons engaged
in agriculture; |
| (c) |
|
to
stabilise markets; |
| (d) |
|
to assure
the availability of supplies; |
| (e) |
|
to ensure
that supplies reach consumers at reasonable prices. |
2. In working out the common
agricultural policy and the special methods for its application, account
shall be taken of:
| (a) |
|
the
particular nature of agricultural activity, which results from the
social structure of agriculture and from structural and natural
disparities between the various agricultural regions; |
| (b) |
|
the need
to effect the appropriate adjustments by degrees; |
| (c) |
|
the fact
that in the Member States agriculture constitutes a sector closely
linked with the economy as a whole. |
Article 34
1. In order to attain the
objectives set out in Article 33, a common organisation of agricultural
markets shall be established.
This organisation shall take one of the
following forms, depending on the product concerned:
| (a) |
|
common
rules on competition; |
| (b) |
|
compulsory
coordination of the various national market organisations; |
| (c) |
|
a European
market organisation. |
2. The common organisation
established in accordance with paragraph 1 may include all measures
required to attain the objectives set out in Article 33, in particular
regulation of prices, aids for the production and marketing of the various
products, storage and carryover arrangements and common machinery for
stabilising imports or exports.
The common organisation shall be limited
to pursuit of the objectives set out in Article 33 and shall exclude any
discrimination between producers or consumers within the Community.
Any common price policy shall be based on
common criteria and uniform methods of calculation.
3. In order to enable the common
organisation referred to in paragraph 1 to attain its objectives, one or
more agricultural guidance and guarantee funds may be set up.
Article 35
To enable the objectives set out in
Article 33 to be attained, provision may be made within the framework of
the common agricultural policy for measures such as:
| (a) |
|
an
effective coordination of efforts in the spheres of vocational
training, of research and of the dissemination of agricultural
knowledge; this may include joint financing of projects or
institutions; |
| (b) |
|
joint
measures to promote consumption of certain products. |
Article 36
The provisions of the chapter relating to
rules on competition shall apply to production of and trade in
agricultural products only to the extent determined by the Council within
the framework of Article 37(2) and (3) and in accordance with the
procedure laid down therein, account being taken of the objectives set out
in Article 33.
The Council may, in particular, authorise
the granting of aid:
| (a) |
|
for the
protection of enterprises handicapped by structural or natural
conditions; |
| (b) |
|
within the
framework of economic development programmes. |
Article 37
1. In order to evolve the broad
lines of a common agricultural policy, the Commission shall, immediately
this Treaty enters into force, convene a conference of the Member States
with a view to making a comparison of their agricultural policies, in
particular by producing a statement of their resources and needs.
2. Having taken into account the
work of the Conference provided for in paragraph 1, after consulting the
Economic and Social Committee and within two years of the entry into force
of this Treaty, the Commission shall submit proposals for working out and
implementing the common agricultural policy, including the replacement of
the national organisations by one of the forms of common organisation
provided for in Article 34(1), and for implementing the measures specified
in this title.
These proposals shall take account of the
interdependence of the agricultural matters mentioned in this title.
The Council shall, on a proposal from the
Commission and after consulting the European Parliament, acting by a
qualified majority, make regulations, issue directives, or take decisions,
without prejudice to any recommendations it may also make.
3. The Council may, acting by a
qualified majority and in accordance with paragraph 2, replace the
national market organisations by the common organisation provided for in
Article 34(1) if:
| (a) |
|
the common
organisation offers Member States which are opposed to this measure
and which have an organisation of their own for the production in
question equivalent safeguards for the employment and standard of
living of the producers concerned, account being taken of the
adjustments that will be possible and the specialisation that will
be needed with the passage of time; |
| (b) |
|
such an
organisation ensures conditions for trade within the Community
similar to those existing in a national market. |
4. If a common organisation for
certain raw materials is established before a common organisation exists
for the corresponding processed products, such raw materials as are used
for processed products intended for export to third countries may be
imported from outside the Community.
Article 38
Where in a Member State a product is
subject to a national market organisation or to internal rules having
equivalent effect which affect the competitive position of similar
production in another Member State, a countervailing charge shall be
applied by Member States to imports of this product coming from the Member
State where such organisation or rules exist, unless that State applies a
countervailing charge on export.
The Commission shall fix the amount of
these charges at the level required to redress the balance; it may also
authorise other measures, the conditions and details of which it shall
determine.
TITLE III
FREE MOVEMENT OF PERSONS, SERVICES AND
CAPITAL
CHAPTER 1
WORKERS
Article 39
1. Freedom of movement for workers
shall be secured within the Community.
2. Such freedom of movement shall
entail the abolition of any discrimination based on nationality between
workers of the Member States as regards employment, remuneration and other
conditions of work and employment.
3. It shall entail the right,
subject to limitations justified on grounds of public policy, public
security or public health:
| (a) |
|
to accept
offers of employment actually made; |
| (b) |
|
to move
freely within the territory of Member States for this purpose; |
| (c) |
|
to stay in
a Member State for the purpose of employment in accordance with the
provisions governing the employment of nationals of that State laid
down by law, regulation or administrative action; |
| (d) |
|
to remain
in the territory of a Member State after having been employed in
that State, subject to conditions which shall be embodied in
implementing regulations to be drawn up by the Commission. |
4. The provisions of this article
shall not apply to employment in the public service.
Article 40
The Council shall, acting in accordance
with the procedure referred to in Article 251 and after consulting the
Economic and Social Committee, issue directives or make regulations
setting out the measures required to bring about freedom of movement for
workers, as defined in Article 39, in particular:
| (a) |
|
by
ensuring close cooperation between national employment services; |
| (b) |
|
by
abolishing those administrative procedures and practices and those
qualifying periods in respect of eligibility for available
employment, whether resulting from national legislation or from
agreements previously concluded between Member States, the
maintenance of which would form an obstacle to liberalisation of the
movement of workers; |
| (c) |
|
by
abolishing all such qualifying periods and other restrictions
provided for either under national legislation or under agreements
previously concluded between Member States as imposed on workers of
other Member States conditions regarding the free choice of
employment other than those imposed on workers of the State
concerned; |
| (d) |
|
by setting
up appropriate machinery to bring offers of employment into touch
with applications for employment and to facilitate the achievement
of a balance between supply and demand in the employment market in
such a way as to avoid serious threats to the standard of living and
level of employment in the various regions and industries. |
Article 41
Member States shall, within the framework
of a joint programme, encourage the exchange of young workers.
Article 42
The Council shall, acting in accordance
with the procedure referred to in Article 251, adopt such measures in the
field of social security as are necessary to provide freedom of movement
for workers; to this end, it shall make arrangements to secure for migrant
workers and their dependants:
| (a) |
|
aggregation, for the purpose of acquiring and retaining the right to
benefit and of calculating the amount of benefit, of all periods
taken into account under the laws of the several countries; |
| (b) |
|
payment of
benefits to persons resident in the territories of Member States. |
The Council shall act unanimously
throughout the procedure referred to in Article 251.
CHAPTER 2
RIGHT OF ESTABLISHMENT
Article 43
Within the framework of the provisions
set out below, restrictions on the freedom of establishment of nationals
of a Member State in the territory of another Member State shall be
prohibited. Such prohibition shall also apply to restrictions on the
setting-up of agencies, branches or subsidiaries by nationals of any
Member State established in the territory of any Member State.
Freedom of establishment shall include
the right to take up and pursue activities as self-employed persons and to
set up and manage undertakings, in particular companies or firms within
the meaning of the second paragraph of Article 48, under the conditions
laid down for its own nationals by the law of the country where such
establishment is effected, subject to the provisions of the chapter
relating to capital.
Article 44
1. In order to attain freedom of
establishment as regards a particular activity, the Council, acting in
accordance with the procedure referred to in Article 251 and after
consulting the Economic and Social Committee, shall act by means of
directives.
2. The Council and the Commission
shall carry out the duties devolving upon them under the preceding
provisions, in particular:
| (a) |
|
by
according, as a general rule, priority treatment to activities where
freedom of establishment makes a particularly valuable contribution
to the development of production and trade; |
| (b) |
|
by
ensuring close cooperation between the competent authorities in the
Member States in order to ascertain the particular situation within
the Community of the various activities concerned; |
| (c) |
|
by
abolishing those administrative procedures and practices, whether
resulting from national legislation or from agreements previously
concluded between Member States, the maintenance of which would form
an obstacle to freedom of establishment; |
| (d) |
|
by
ensuring that workers of one Member State employed in the territory
of another Member State may remain in that territory for the purpose
of taking up activities therein as self-employed persons, where they
satisfy the conditions which they would be required to satisfy if
they were entering that State at the time when they intended to take
up such activities; |
| (e) |
|
by
enabling a national of one Member State to acquire and use land and
buildings situated in the territory of another Member State, in so
far as this does not conflict with the principles laid down in
Article 33(2); |
| (f) |
|
by
effecting the progressive abolition of restrictions on freedom of
establishment in every branch of activity under consideration, both
as regards the conditions for setting up agencies, branches or
subsidiaries in the territory of a Member State and as regards the
subsidiaries in the territory of a Member State and as regards the
conditions governing the entry of personnel belonging to the main
establishment into managerial or supervisory posts in such agencies,
branches or subsidiaries; |
| (g) |
|
by
coordinating to the necessary extent the safeguards which, for the
protection of the interests of members and other, are required by
Member States of companies or firms within the meaning of the second
paragraph of Article 48 with a view to making such safeguards
equivalent throughout the Community; |
| (h) |
|
by
satisfying themselves that the conditions of establishment are not
distorted by aids granted by Member States. |
Article 45
The provisions of this chapter shall not
apply, so far as any given Member State is concerned, to activities which
in that State are connected, even occasionally, with the exercise of
official authority.
The Council may, acting by a qualified
majority on a proposal from the Commission, rule that the provisions of
this chapter shall not apply to certain activities.
Article 46
1. The provisions of this chapter
and measures taken in pursuance thereof shall not prejudice the
applicability of provisions laid down by law, regulation or administrative
action providing for special treatment for foreign nationals on grounds of
public policy, public security or public health.
2. The Council shall, acting in
accordance with the procedure referred to in Article 251, issue directives
for the coordination of the abovementioned provisions.
Article 47
1. In order to make it easier for
persons to take up and pursue activities as self-employed persons, the
Council shall, acting in accordance with the procedure referred to in
Article 251, issue directives for the mutual recognition of diplomas,
certificates and other evidence of formal qualifications.
2. For the same purpose, the
Council shall, acting in accordance with the procedure referred to in
Article 251, issue directives for the coordination of the provisions laid
down by law, regulation or administrative action in Member States
concerning the taking-up and pursuit of activities as self-employed
persons. The Council, acting unanimously throughout the procedure referred
to in Article 251, shall decide on directives the implementation of which
involves in at least one Member State amendment of the existing principles
laid down by law governing the professions with respect to training and
conditions of access for natural persons. In other cases the Council shall
act by qualified majority.
3. In the case of the medical and
allied and pharmaceutical professions, the progressive abolition of
restrictions shall be dependent upon coordination of the conditions for
their exercise in the various Member States.
Article 48
Companies or firms formed in accordance
with the law of a Member State and having their registered office, central
administration or principal place of business within the Community shall,
for the purposes of this Chapter, be treated in the same way as natural
persons who are nationals of Member States.
"Companies or firms" means companies or
firms constituted under civil or commercial law, including cooperative
societies, and other legal persons governed by public or private law, save
for those which are non-profit-making.
CHAPTER 3
SERVICES
Article 49
Within the framework of the provisions
set out below, restrictions on freedom to provide services within the
Community shall be prohibited in respect of nationals of Member States who
are established in a State of the Community other than that of the person
for whom the services are intended.
The Council may, acting by a qualified
majority on a proposal from the Commission, extend the provisions of the
Chapter to nationals of a third country who provide services and who are
established within the Community.
Article 50
Services shall be considered to be
"services" within the meaning of this Treaty where they are normally
provided for remuneration, in so far as they are not governed by the
provisions relating to freedom of movement for goods, capital and persons.
"Services" shall in particular include:
| (a) |
|
activities
of an industrial character; |
| (b) |
|
activities
of a commercial character; |
| (c) |
|
activities
of craftsmen; |
| (d) |
|
activities
of the professions. |
Without prejudice to the provisions of
the chapter relating to the right of establishment, the person providing a
service may, in order to do so, temporarily pursue his activity in the
State where the service is provided, under the same conditions as are
imposed by that State on its own nationals.
Article 51
1. Freedom to provide services in
the field of transport shall be governed by the provisions of the title
relating to transport.
2. The liberalisation of banking
and insurance services connected with movements of capital shall be
effected in step with the liberalisation of movement of capital.
Article 52
1. In order to achieve the
liberalisation of a specific service, the Council shall, on a proposal
from the Commission and after consulting the Economic and Social Committee
and the European Parliament, issue directives acting by a qualified
majority.
2. As regards the directives
referred to in paragraph 1, priority shall as a general rule be given to
those services which directly affect production costs or the
liberalisation of which helps to promote trade in goods.
Article 53
The Member States declare their readiness
to undertake the liberalisation of services beyond the extent required by
the directives issued pursuant to Article 52(1), if their general economic
situation and the situation of the economic sector concerned so permit.
To this end, the Commission shall make
recommendations to the Member States concerned.
Article 54
As long as restrictions on freedom to
provide services have not been abolished, each Member State shall apply
such restrictions without distinction on grounds of nationality or
residence to all persons providing services within the meaning of the
first paragraph of Article 49.
Article 55
The provisions of Articles 45 to 48 shall
apply to the matters covered by this chapter.
CHAPTER 4
CAPITAL AND PAYMENTS
Article 56
1. Within the framework of the
provisions set out in this chapter, all restrictions on the movement of
capital between Member States and between Member States and third
countries shall be prohibited.
2. Within the framework of the
provisions set out in this chapter, all restrictions on payments between
Member States and between Member States and third countries shall be
prohibited.
Article 57
1. The provisions of Article 56
shall be without prejudice to the application to third countries of any
restrictions which exist on 31 December 1993 under national or Community
law adopted in respect of the movement of capital to or from third
countries involving direct investment — including in real estate —
establishment, the provision of financial services or the admission of
securities to capital markets.
2. Whilst endeavouring to achieve
the objective of free movement of capital between Member States and third
countries to the greatest extent possible and without prejudice to the
other chapters of this Treaty, the Council may, acting by a qualified
majority on a proposal from the Commission, adopt measures on the movement
of capital to or from third countries involving direct investment —
including investment in real estate — establishment, the provision of
financial services or the admission of securities to capital markets.
Unanimity shall be required for measures under this paragraph which
constitute a step back in Community law as regards the liberalisation of
the movement of capital to or from third countries.
Article 58
1. The provisions of Article 56
shall be without prejudice to the right of Member States:
| (a) |
|
to apply
the relevant provisions of their tax law which distinguish between
taxpayers who are not in the same situation with regard to their
place of residence or with regard to the place where their capital
is invested; |
| (b) |
|
to take
all requisite measures to prevent infringements of national law and
regulations, in particular in the field of taxation and the
prudential supervision of financial institutions, or to lay down
procedures for the declaration of capital movements for purposes of
administrative or statistical information, or to take measures which
are justified on grounds of public policy or public security. |
2. The provisions of this chapter
shall be without prejudice to the applicability of restrictions on the
right of establishment which are compatible with this Treaty.
3. The measures and procedures
referred to in paragraphs 1 and 2 shall not constitute a means of
arbitrary discrimination or a disguised restriction on the free movement
of capital and payments as defined in Article 56.
Article 59
Where, in exceptional circumstances,
movements of capital to or from third countries cause, or threaten to
cause, serious difficulties for the operation of economic and monetary
union, the Council, acting by a qualified majority on a proposal from the
Commission and after consulting the ECB, may take safeguard measures with
regard to third countries for a period not exceeding six months if such
measures are strictly necessary.
Article 60
1. If, in the cases envisaged in
Article 301, action by the Community is deemed necessary, the Council may,
in accordance with the procedure provided for in Article 301, take the
necessary urgent measures on the movement of capital and on payments as
regards the third countries concerned.
2. Without prejudice to Article
297 and as long as the Council has not taken measures pursuant to
paragraph 1, a Member State may, for serious political reasons and on
grounds of urgency, take unilateral measures against a third country with
regard to capital movements and payments. The Commission and the other
Member States shall be informed of such measures by the date of their
entry into force at the latest.
The Council may, acting by a qualified
majority on a proposal from the Commission, decide that the Member State
concerned shall amend or abolish such measures. The President of the
Council shall inform the European Parliament of any such decision taken by
the Council.
TITLE IV
VISAS, ASYLUM, IMMIGRATION AND OTHER
POLICIES RELATED TO FREE MOVEMENT OF PERSONS
Article 61
In order to establish progressively an
area of freedom, security and justice, the Council shall adopt:
| (a) |
|
within a
period of five years after the entry into force of the Treaty of
Amsterdam, measures aimed at ensuring the free movement of persons
in accordance with Article 14, in conjunction with directly related
flanking measures with respect to external border controls, asylum
and immigration, in accordance with the provisions of Article 62(2)
and (3) and Article 63(1)(a) and (2)(a), and measures to prevent and
combat crime in accordance with the provisions of Article 31(e) of
the Treaty on European Union; |
| (b) |
|
other
measures in the fields of asylum, immigration and safeguarding the
rights of nationals of third countries, in accordance with the
provisions of Article 63; |
| (c) |
|
measures
in the field of judicial cooperation in civil matters as provided
for in Article 65; |
| (d) |
|
appropriate measures to encourage and strengthen administrative
cooperation, as provided for in Article 66; |
| (e) |
|
measures
in the field of police and judicial cooperation in criminal matters
aimed at a high level of security by preventing and combating crime
within the Union in accordance with the provisions of the Treaty on
European Union. |
Article 62
The Council, acting in accordance with
the procedure referred to in Article 67, shall, within a period of five
years after the entry into force of the Treaty of Amsterdam, adopt:
| 1. |
|
measures
with a view to ensuring, in compliance with Article 14, the absence
of any controls on persons, be they citizens of the Union or
nationals of third countries, when crossing internal borders; |
| 2. |
|
measures
on the crossing of the external borders of the Member States which
shall establish:
| (a) |
|
standards and procedures to be followed by Member States in
carrying out checks on persons at such borders; |
| (b) |
|
rules on visas for intended stays of no more than three
months, including:
|
(i) |
|
the list of third
countries whose nationals must be in possession of visas
when crossing the external borders and those whose
nationals are exempt from that requirement; |
|
(ii) |
|
the procedures and
conditions for issuing visas by Member States; |
|
(iii) |
|
a uniform format for
visas; |
|
(iv) |
|
rules on a uniform visa; |
|
|
| 3. |
|
measures
setting out the conditions under which nationals of third countries
shall have the freedom to travel within the territory of the Member
States during a period of no more than three months. |
Article 63
The Council, acting in accordance with
the procedure referred to in Article 67, shall, within a period of five
years after the entry into force of the Treaty of Amsterdam, adopt:
| 1. |
|
measures
on asylum, in accordance with the Geneva Convention of 28 July 1951
and the Protocol of 31 January 1967 relating to the status of
refugees and other relevant treaties, within the following areas:
| (a) |
|
criteria and mechanisms for determining which Member State is
responsible for considering an application for asylum
submitted by a national of a third country in one of the
Member States, |
| (b) |
|
minimum standards on the reception of asylum seekers in Member
States, |
| (c) |
|
minimum standards with respect to the qualification of
nationals of third countries as refugees, |
| (d) |
|
minimum standards on procedures in Member States for granting
or withdrawing refugee status; |
|
| 2. |
|
measures
on refugees and displaced persons within the following areas:
| (a) |
|
minimum standards for giving temporary protection to displaced
persons from third countries who cannot return to their
country of origin and for persons who otherwise need
international protection, |
| (b) |
|
promoting a balance of effort between Member States in
receiving and bearing the consequences of receiving refugees
and displaced persons; |
|
| 3. |
|
measures
on immigration policy within the following areas:
| (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, |
| (b) |
|
illegal immigration and illegal residence, including
repatriation of illegal residents; |
|
| 4. |
|
measures
defining the rights and conditions under which nationals of third
countries who are legally resident in a Member State may reside in
other Member States. |
Measures adopted by the Council pursuant
to points 3 and 4 shall not prevent any Member State from maintaining or
introducing in the areas concerned national provisions which are
compatible with this Treaty and with international agreements.
Measures to be adopted pursuant to points
2(b), 3(a) and 4 shall not be subject to the five-year period referred to
above.
Article 64
1. This title shall not affect the
exercise of the responsibilities incumbent upon Member States with regard
to the maintenance of law and order and the safeguarding of internal
security.
2. 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 and without prejudice
to paragraph 1, the Council may, acting by qualified majority on a
proposal from the Commission, adopt provisional measures of a duration not
exceeding six months for the benefit of the Member States concerned.
Article 65
Measures in the field of judicial
cooperation in civil matters having cross-border implications, to be taken
in accordance with Article 67 and in so far as necessary for the proper
functioning of the internal market, shall include:
| (a) |
|
improving
and simplifying:
| - |
|
the
system for cross-border service of judicial and extrajudicial
documents, |
| - |
|
cooperation in the taking of evidence, |
| - |
|
the
recognition and enforcement of decisions in civil and
commercial cases, including decisions in extrajudicial cases; |
|
| (b) |
|
promoting
the compatibility of the rules applicable in the Member States
concerning the conflict of laws and of jurisdiction; |
| (c) |
|
eliminating obstacles to the good functioning of civil proceedings,
if necessary by promoting the compatibility of the rules on civil
procedure applicable in the Member States. |
Article 66
The Council, acting in accordance with
the procedure referred to in Article 67, shall take measures to ensure
cooperation between the relevant departments of the administrations of the
Member States in the areas covered by this title, as well as between those
departments and the Commission.
Article 67
1. During a transitional period of
five years following the entry into force of the Treaty of Amsterdam, the
Council shall act unanimously on a proposal from the Commission or on the
initiative of a Member State and after consulting the European Parliament.
2. After this period of five
years:
| - |
|
the
Council shall act on proposals from the Commission; the Commission
shall examine any request made by a Member State that it submit a
proposal to the Council, |
| - |
|
the
Council, acting unanimously after consulting the European
Parliament, shall take a decision with a view to providing for all
or parts of the areas covered by this title to be governed by the
procedure referred to in Article 251 and adapting the provisions
relating to the powers of the Court of Justice. |
3. By derogation from paragraphs 1
and 2, measures referred to in Article 62(2)(b) (i) and (iii) shall, from
the entry into force of the Treaty of Amsterdam, be adopted by the Council
acting by a qualified majority on a proposal from the Commission and after
consulting the European Parliament.
4. By derogation from paragraph 2,
measures referred to in Article 62(2)(b) (ii) and (iv) shall, after a
period of five years following the entry into force of the Treaty of
Amsterdam, be adopted by the Council acting in accordance with the
procedure referred to in Article 251.
5. By derogation from paragraph 1,
the Council shall adopt, in accordance with the procedure referred to in
Article 251:
| - |
|
the
measures provided for in Article 63(1) and (2)(a) provided that the
Council has previously adopted, in accordance with paragraph 1 of
this article, Community legislation defining the common rules and
basic principles governing these issues, |
| - |
|
the
measures provided for in Article 65 with the exception of aspects
relating to family law. |
Article 68
1. Article 234 shall apply to this
title under the following circumstances and conditions: where a question
on the interpretation of this title or on the validity or interpretation
of acts of the institutions of the Community based on this title is raised
in a case pending before a court or a tribunal of a Member State against
whose decisions there is no judicial remedy under national law, that court
or tribunal shall, 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.
2. In any event, the Court of
Justice shall not have jurisdiction to rule on any measure or decision
taken pursuant to Article 62(1) relating to the maintenance of law and
order and the safeguarding of internal security.
3. The Council, the Commission or
a Member State may request the Court of Justice to give a ruling on a
question of interpretation of this title or of acts of the institutions of
the Community based on this title. The ruling given by the Court of
Justice in response to such a request shall not apply to judgments of
courts or tribunals of the Member States which have become res judicata.
Article 69
The application of this title shall be
subject to the provisions of the Protocol on the position of the United
Kingdom and Ireland and to the Protocol on the position of Denmark and
without prejudice to the Protocol on the application of certain aspects of
Article 14 of the Treaty establishing the European Community to the United
Kingdom and to Ireland.
TITLE V
TRANSPORT
Article 70
The objectives of this Treaty shall, in
matters governed by this title, be pursued by Member States within the
framework of a common transport policy.
Article 71
1. For the purpose of implementing
Article 70, and taking into account the distinctive features of transport,
the Council shall, acting in accordance with the procedure referred to in
Article 251 and after consulting the Economic and Social Committee and the
Committee of the Regions, lay down:
| (a) |
|
common
rules applicable to international transport to or from the territory
of a Member State or passing across the territory of one or more
Member States; |
| (b) |
|
the
conditions under which non-resident carriers may operate transport
services within a Member State; |
| (c) |
|
measures
to improve transport safety; |
| (d) |
|
any other
appropriate provisions. |
2. By way of derogation from the
procedure provided for in paragraph 1, where the application of provisions
concerning the principles of the regulatory system for transport would be
liable to have a serious effect on the standard of living and on
employment in certain areas and on the operation of transport facilities,
they shall be laid down by the Council acting unanimously on a proposal
from the Commission, after consulting the European Parliament and the
Economic and Social Committee. In so doing, the Council shall take into
account the need for adaptation to the ec
