Amsterdam

(b) respects the principles of the said Treaties and the single institutional framework of the Union;

(c) is only used as a last resort, where the objectives of the said Treaties could not be attained by applying the relevant procedures laid down therein;

(d) concerns at least a majority of Member States;

(e) does not affect the “acquis communautaire” and the measures adopted under the other provisions of the said Treaties; (f) does not affect the competences, rights, obligations and interests of those Member States which do not participate therein;

(g) is open to all Member States and allows them to become parties to the cooperation at any time, provided that they comply with the basic decision and with the decisions taken within that framework;

(h) complies with the specific additional criteria laid down in Article 5a of the Treaty establishing the European Community and Article K.12 of this Treaty, depending on the area concerned, and is authorised by the Council in accordance with the procedures laid down therein.

2. Member States shall apply, as far as they are concerned, the acts and decisions adopted for the implementation of the co-operation in which they participate. Member States not participating in such co-operation shall not impede the implementation thereof by the participating Member States.

Article K.16 1. For the purposes of the adoption of the acts and decisions necessary for the

implementation of the co-operation referred to in Article K.15, the relevant institutional provisions of this Treaty and of the Treaty establishing the European Community shall apply. However, while all members of the Council shall be able to take part in the deliberations, only those representing participating Member States

shall take part in the adoption of decisions. The qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in Article 148(2) of the Treaty establishing the European Community. Unanimity shall be constituted by only those Council members concerned.

2. Expenditure resulting from implementation of the co-operation, other than administrative costs entailed for the institutions, shall be borne by the participating Member States, unless the Council, acting unanimously, decides otherwise.

Article K.17 The Council and the Commission shall regularly inform the European Parliament of the development of closer co-operation established on the basis of this Title.” 13) Article L shall be replaced by the following: “Article L The provisions of the Treaty establishing the European Community, the Treaty

establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community concerning the powers of the Court of Justice of the European Communities and the exercise of those powers shall apply only to the following provisions of this Treaty:

1. provisions amending the Treaty establishing the European Economic Community with a view to establishing the European Community, the Treaty establishing the
2. European Coal and Steel Community and the Treaty establishing the European

Atomic Energy Community;

Any European State which respects the principles set out in Article F(1) may apply to become a member of the Union. It shall address its application to the Council, which shall act unanimously after consulting the Commission and after receiving the

assent of the European Parliament, which shall act by an absolute majority of its component members.”

ARTICLE 2 The Treaty establishing the European Community shall be amended in accordance

with the provisions of this Article.

1) In the preamble the following recital shall be inserted after the eighth recital: “DETERMINED to promote the development of the highest possible level of knowledge for their peoples through a wide access to education and through its continuous updating,” 2) Article 2 shall be replaced by the following: “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 3a, 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.” 3) Article 3 shall be amended as follows: (a) the existing text shall be numbered and become paragraph 1;

(b) in new paragraph 1, point (d) shall be replaced by the following: “(d) measures concerning the entry and movement of persons as provided for in Title IIIa;”;

(c) in new paragraph 1, the following new point (i) shall be inserted after point (h): “(i) the promotion of co-ordination between employment policies of the Member States with a view to enhancing their effectiveness by developing a co-ordinated strategy for employment;”

(d) in new paragraph 1, the existing point (i) shall become point (j) and the subsequent points shall be renumbered accordingly;

(e) the following paragraph shall be added: “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.”

4) The following Article shall be inserted: “Article 3cEnvironmental protection requirements must be integrated into the definition and implementation of the Community policies and activities referred to in Article 3inparticular with a view to promoting sustainable development.”

5) The following Article shall be inserted: “Article 5a1. Member States which intend to establish closer co-operation between themselves  may be authorised, subject to Articles K.15 and K.16 of the Treaty on European Union, to make use of the institutions, procedures and mechanisms laid down by this Treaty, provided that the co-operation proposed:

(a) does not concern areas which fall within the exclusive competence of the Community;

(b) does not affect Community policies, actions or programmes;

(c) does not concern the citizenship of the Union or discriminate between nationals of Member States;

(d) remains within the limits of the powers conferred upon the Community by this Treaty; and

(e) does not constitute a discrimination or a restriction of trade between Member States and does not distort the conditions of competition between the latter.

2. The authorisation referred to in paragraph 1 shall be granted by the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament. If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the granting of an authorisation by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the Council, meeting in the composition of the Heads of State or Government, for decision by unanimity. Member States which intend to establish closer co-operation as referred to in paragraph 1 may 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.

3. Any Member State which wishes to become a party to co-operation set up in accordance with this Article shall notify its intention to the Council and to the Commission, which shall give an opinion to the Council within three months of receipt of that notification. Within four months of the date of that notification, the Commission shall decide on it and on such specific arrangements as it may deem necessary.

4. The acts and decisions necessary for the implementation of co-operation activities shall be subject to all the relevant provisions of this Treaty, save as otherwise provided for in this Article and in Articles K.15 and K.16 of the Treaty on European Union.

5. This Article is without prejudice to the provisions of the Protocol integrating the Schengen acquis into the framework of the European Union.”

6) In Article 6, the second paragraph shall be replaced by the following:

“The Council, acting in accordance with the procedure referred to in Article 189b, may adopt rules designed to prohibit such discrimination.”

7) The following Article shall be inserted: “Article 6a 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.”

8) The following Article shall be inserted at the end of Part One:

“Article 7d Without prejudice to Articles 77, 90 and 92, 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.”

9) Article 8(1) shall be replaced by the following: “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.”

10) Article 8a(2) shall be replaced by the following:

“2. The Council may adopt provisions with a view to facilitating the exercise of the

rights referred to in paragraph 1; save as otherwise provided in this Treaty, the Council shall act in accordance with the procedure referred to in Article 189b. The Council shall act unanimously throughout this procedure.” 11) In Article 8d, the following paragraph shall be added: “Every citizen of the Union may write to any of the institutions or bodies referred to in this Article or in Article 4 in one of the languages mentioned in Article 248 and have an answer in the same language.”

12) Article 51 shall be replaced by the following: “Article 51 The Council shall, acting in accordance with the procedure referred to in Article 189b, 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 189b.” 13) Article 56(2) shall be replaced by the following: “2. The Council shall, acting in accordance with the procedure referred to in Article 189b, issue directives for the co-ordination of the abovementioned provisions.”

14) Article 57(2) shall be replaced by the following: “2. For the same purpose, the Council shall, acting in accordance with the procedure referred to in Article 189b, issue directives for the co-ordination 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 189b, 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.” 15) The following title shall be inserted in Part Three: “Title IIIa Visas, asylum, immigration and other policies related to free movement of persons

Article 73i 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 7a, in conjunction with directly related flanking measures with respect to external border controls, asylum and immigration, in accordance with the provisions of Article 73j(2) and (3) and Article 73k(1)(a) and (2)(a), and measures to prevent and combat crime in accordance with the provisions of Article K.3(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 73k;

(c) measures in the field of judicial co-operation in civil matters as provided for in Article 73m;

(d) appropriate measures to encourage and strengthen administrative co-operation, as provided for in Article 73n;

(e) measures in the field of police and judicial co-operation 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.

26 Article 73j The Council, acting in accordance with the procedure referred to in Article 73o, 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 7a, 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 73k The Council, acting in accordance with the procedure referred to in Article 73o, 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,

27 (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 73l 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 73m 28 Measures in the field of judicial co-operation in civil matters having cross-border implications, to be taken in accordance with Article 73o and insofar 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;

-co-operation in the taking of evidence;

-the recognition and enforcement of decisions in civil and commercial cases, including decisions in extra-judicial 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 73n The Council, acting in accordance with the procedure referred to in Article 73o, shall take measures to ensure co-operation 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 73o 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 189b 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 73j(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;

-measures referred to in Article 73j(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 189b.

Article 73p 1. Article 177 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.