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Treaty of Amsterdam-Artikel 7-15

 

Article VII

The Treaty establishing the European Coal and Steel Community, including the annexes, protocols and other acts annexed thereto, shall be amended in accordance with the provisions of this Article for the purpose of deleting lapsed provisions of the Treaty and adapting in consequence the text of certain of its provisions.

I. Text of the Articles of the Treaty

1) In Article 2, second paragraph, the word "progressively" shall be deleted.

2) In Article 4, in the introductory part, the words "abolished and" shall be deleted.

3) Article 7 shall be amended as follows:

(a)in the first indent, the words "a HIGH AUTHORITY (hereinafter referred to as "the Commission")" shall be replaced by "a COMMISSION";

(b)in the second indent, the words "a COMMON ASSEMBLY (hereinafter referred to as "the European Parliament")" shall be replaced by "a EUROPEAN PARLIAMENT";

(c)in the third indent, the words "a SPECIAL COUNCIL OF MINISTERS (hereinafter referred to as "the Council")" shall be replaced by "a COUNCIL";

4) Article 10(3) shall be deleted.

5) In Article 16, the first and second paragraphs shall be deleted.

6) Article 21 shall be amended as follows, to include Article 1, Article 2 as amended by Article 5 of this Treaty, and Article 3(1) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to the Council Decision of 20 September 1976; Annex II of that Act shall continue to be applied:

(a)in the place of paragraphs 1 and 2, which lapsed in accordance with Article 14 of the Act concerning the election of the representatives of the European Parliament, there shall be inserted the text of Articles 1 and 2 of the said Act as paragraphs 1 and 2; the new paragraphs 1 and 2 shall read as follows:

"1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be elected by direct universal suffrage.

2. The number of representatives elected in each Member State shall be as follows:

Belgium 25

Denmark 16

Germany 99

Greece 25

Spain 64

France 87

Ireland 15

Italy 87

Luxembourg 6

Netherlands 31

Austria 21

Portugal 25

Finland 16

Sweden 22

United Kingdom 87.

In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States brought together in the Community.";

(b)after the new paragraphs 1 and 2, there shall be inserted the text of Article 3(1) of the aforesaid Act as paragraph 3; the new paragraph 3 shall read as follows:

"3. Representatives shall be elected for a term of five years.";

(c)the existing paragraph 3 as amended by Article 3 of this Treaty shall become paragraph 4;

(d)paragraph 4 as added by Article 3 of this Treaty shall become paragraph 5.

7) In Article 32a, first paragraph, the words "the date of accession" shall be replaced by "1 January 1995".

8) In Article 45b(3), the second subparagraph commencing "However, when the first appointments …" shall be deleted.

9) In Article 50, the adapted text of paragraphs 2 and 3 of Article 20 of the Treaty establishing a Single Council and a Single Commission of the European Communities shall be inserted as new paragraphs 4 and 5; the new paragraphs 4 and 5 shall accordingly read as follows:

"4. The portion of the expenditure of the budget of the Communities covered by the levies provided for in Article 49 shall be fixed at 18 million units of account.

The Commission shall submit annually to the Council a report on the basis of which the Council shall examine whether there is reason to adjust this figure to changes in the budget of the Communities. The Council shall act by the majority laid down in the first sentence of the fourth paragraph of Article 28. The adjustment shall be made on the basis of an assessment of developments in expenditure arising from the application of this Treaty.

5. The portion of the levies assigned to cover expenditure under the budget of the Communities shall be allocated by the Commission for the implementation of that budget in accordance with the timetable provided for in the financial regulations adopted pursuant to Article 209(b) of the Treaty establishing the European Community and Article 183(b) of the Treaty establishing the Atomic Energy Community.".

10) Article 52 shall be repealed.

11)In the place of Article 76 there shall be inserted the adapted text of Article 28, first paragraph, of the Treaty establishing a Single Council and a Single Commission of the European Communities; the new Article 76 shall accordingly read as follows:

"Article 76

The Community shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities of the European Communities.".

12) Article 79 shall be amended as follows:

(a)in the second sentence of the first paragraph, the part of the sentence which commences "as regards the Saar …" shall be deleted and the semicolon shall be replaced by a full stop;

(b)after the first paragraph, a second paragraph shall be inserted as follows:

"The provisions of this Treaty shall apply to the Åland Islands in accordance with the provisions of Protocol No 2 of the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.";

(c)in the existing second paragraph, in the introductory part, the words "Notwithstanding the preceding paragraph:" shall be replaced by "Notwithstanding the preceding paragraphs:";

(d)in the existing second paragraph, point (d) concerning the Åland Islands shall be deleted.

13)In Article 84, the words "Treaty and its Annexes, of the Protocols annexed thereto and of the Convention on the transitional Provisions." shall be replaced by "Treaty and its Annexes and of the Protocols annexed thereto."

14) Article 85 shall be repealed.

15)In Article 93, the words "Organisation for European Economic Cooperation"shall be replaced by "Organisation for Economic Cooperation and Development".

16)In Article 95, third paragraph, the words "If, after the end of the transitional period provided in the Convention on the Transitional Provisions, unforeseen difficulties …" shall be replaced by "If unforeseen difficulties …".

17)In Article 97, the wording "This Treaty is concluded for a period of 50 years from its entry into force." shall be replaced by "This Treaty shall expire on 23 July 2002.".

II. Text of Annex III "Special steels"

At the end of Annex III, the initials of the plenipotentiaries of the Heads of State and Government shall be deleted.

III. Protocols and other acts annexed to the Treaty

1) The following acts shall be repealed:

(a)Exchange of letters between the Government of the Federal Republic of Germany and the Government of the French Republic concerning the Saar;

(b) Convention on the Transitional Provisions.

2) The Protocol on the Statute of the Court of Justice of the European Coal and Steel Community shall be amended as follows:

(a)Titles I and II of the Protocol shall be replaced by the text of Titles I and II of the Protocol on the Statute of the Court of Justice of the European Community annexed to the Treaty establishing the European Community;

(b)Article 56 shall be repealed and the heading "Transitional provision" which precedes it shall be deleted;

(c) the list of signatories shall be deleted.

3) The Protocol on relations with the Council of Europe shall be amended as follows:

(a) Article 1 shall be repealed;

(b) the list of signatories shall be deleted.

Article VIII

The Treaty establishing the European Atomic Energy Community, including the annexes and protocols thereto, shall be amended in accordance with the provisions of this Article for the purpose of deleting lapsed provisions of the Treaty and adapting in consequence the text of certain of its provisions.

I. Text of the Articles of the Treaty

1) In Article 76, second paragraph, the words "after the entry into force of this Treaty" shall be replaced by "after 1 January 1958".

2) In the introductory part to the first paragraph of Article 93, the words "Member States shall abolish between themselves, one year after the entry into force of this Treaty, all customs duties …" shall be replaced by "Member States shall prohibit between themselves all customs duties …".

3) Articles 94 and 95 shall be repealed.

4) In Article 98, second paragraph, the words "Within two years of the entry into force of this Treaty, the Council …" shall be replaced by "The Council …".

5) Article 100 shall be repealed.

6) Article 104 shall be amended as follows:

(a)in the first paragraph, the words "after the entry into force of this Treaty" shall be replaced by "after 1 January 1958 or, for acceding States, after the date of their accession,";

(b)in the second paragraph the words "after the entry into force of this Treaty, within the purview thereof" shall be replaced by "after the dates referred to in the first paragraph, within the scope of this Treaty".

7) Article 105 shall be amended as follows:

(a)in the first paragraph, the words "concluded before its entry into force by a Member State" shall be replaced by "concluded before 1 January 1958 or, for acceding States, before the date of their accession, by a Member State". At the end of that paragraph the words "the entry into force of this Treaty" shall be replaced by "the aforesaid dates";

(b)in the second paragraph, the words "concluded between the signature and the entry into force of this Treaty" shall be replaced by "concluded between 25 March 1957 and 1 January 1958 or, for acceding States, between the signature of the instrument of accession and the date of their accession".

8) In Article 106, first paragraph, the words "before the entry into force of this Treaty" shall be replaced by "before 1 January 1958 or, for acceding States, before the date of their accession".

9) Article 108 shall be amended as follows, to include Article 1, Article 2 as amended by Article 5 of this Treaty, and Article 3(1) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to the Council Decision of 20 September 1976; Annex II of that Act shall continue to be applied:

(a)in the place of paragraphs 1 and 2, which lapsed in accordance with Article 14 of the Act concerning the election of the representatives of the European Parliament, there shall be inserted the text of Articles 1 and 2 of the said Act as paragraphs 1 and 2; the new paragraphs 1 and 2 shall read as follows:

"1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be elected by direct universal suffrage.

2. The number of representatives elected in each Member State shall be as follows:

Belgium 25

Denmark 16

Germany 99

Greece 25

Spain 64

France 87

Ireland 15

Italy 87

Luxembourg 6

Netherlands 31

Austria 21

Portugal 25

Finland 16

Sweden 22

United Kingdom 87.

In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States brought together in the Community.";

(b)after the new paragraphs 1 and 2, there shall be inserted the text of Article 3(1) of the aforesaid Act as paragraph 3; the new paragraph 3 shall read as follows:

"3. Representatives shall be elected for a term of five years.";

(c)the existing paragraph 3 as amended by Article 4 of this Treaty shall become paragraph 4;

(d)paragraph 4 as added by Article 4 of this Treaty shall become paragraph 5.

10) In Article 127, paragraph 3 shall be deleted.

11)In Article 138, first paragraph, the words "the date of accession" shall be replaced by "1 January 1995".

12)In Article 160b(3), the second subparagraph commencing "However, when the first appointments …" shall be deleted.

13)In Article 181, the second, third and fourth paragraphs shall be deleted.

14)In the place of Article 191 there shall be inserted the adapted text of Article 28, first paragraph, of the Treaty establishing a Single Council and a Single Commission of the European Communities; the new Article 191 shall accordingly read as follows:

"Article 191

The Community shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities of the European Communities.".

15) Article 198 shall be amended as follows:

(a)after the second paragraph there shall be inserted a third paragraph as follows:

"The provisions of this Treaty shall apply to the Åland Islands in accordance with the provisions set out in Protocol No 2 to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.";

(b)in the existing third paragraph, point (e) concerning the Åland Islands shall be deleted.

16)In Article 199, first paragraph, the words "and of the General Agreement on Tariffs and Trade" shall be replaced by "and of the World Trade Organisation".

17)Title VI, "Provisions relating to the initial period", comprising Section 1, "Setting up of the institutions", Section 2, "Provisions for the initial application of this Treaty" and Section 3, "Transitional provisions" and Articles 209 to 223, shall be repealed.

18)In Article 225 there shall be added a new paragraph as follows:

"Pursuant to the Accession treaties the Danish, English, Finnish, Greek, Irish, Portuguese, Spanish and Swedish versions of this Treaty shall also be authentic.".

II. Annexes

Annex V, "Initial research and training programme referred to in Article 215 of this Treaty" including the table "Breakdown by main headings …" shall be deleted.

III. Protocols

1) The Protocol on the application of the Treaty establishing the European Atomic Energy Community to the non-European parts of the Kingdom of the Netherlands shall be repealed.

2) The Protocol on the Statute of the Court of Justice of the European Atomic Energy Community shall be amended as follows:

(a)the words "HAVE DESIGNATED as their Plenipotentiaries for this Purpose:" and the list of Heads of State and their plenipotentiaries shall be deleted;

(b)the words "WHO, having exchanged their full powers, found in good and due form," shall be deleted;

(c)in Article 3, the adapted text of Article 21 of the Protocol on the privileges and immunities of the European Communities shall be added as a fourth paragraph; this new fourth paragraph shall accordingly read as follows:

"Articles 12 to 15 and 18 of the Protocol on the privileges and immunities of the European Community shall apply to the Judges, Advocates-General, Registrar and Assistant Rapporteurs of the Court of Justice, without prejudice to the provisions relating to immunity from legal proceedings of Judges which are set out in the preceding paragraphs.";

(d) Article 58 shall be repealed;

(e)the concluding formula "IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol." shall be deleted;

(f) the list of signatories shall be deleted.

Article IX

1. Without prejudice to the paragraphs following hereinafter, which have as their purpose to retain the essential elements of their provisions, the Convention of 25 March 1957 on certain institutions common to the European Communities and the Treaty of 8 April 1965 establishing a Single Council and a Single Commission of the European Communities, but with the exception of the Protocol referred to in paragraph 5, shall be repealed.

2. The powers conferred on the European Parliament, the Council, the Commission, the Court of Justice and the Court of Auditors by the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community shall be exercised by the single institutions under the conditions laid down respectively by the said Treaties and this Article.

The functions conferred on the Economic and Social Committee by the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community shall be exercised by a single committee under the conditions laid down respectively by the said Treaties. The provisions of Articles 193 and 197 of the Treaty establishing the European Community shall apply to that Committee.

3. The officials and other staff of the European Communities shall form part of the single administration of those Communities and shall be governed by the provisions adopted pursuant to Article 212 of the Treaty establishing the European Community.

4. The European Communities shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of their tasks under the conditions set out in the Protocol referred to in paragraph 5. The position shall be the same as regards the European Central Bank, the European Monetary Institute and the European Investment Bank.

5. In the Protocol of 8 April 1965 on the privileges and immunities of the European Communities there shall be inserted an Article 23, as laid down in the Protocol amending the said Protocol; that Article reads as follows:

"Article 23

This Protocol shall also apply to the European Central Bank, to the members of its organs and to its staff, without prejudice to the provisions of the Protocol on the Statute of the European System of Central Banks and the European Central Bank.

The European Central Bank shall, in addition, be exempt from any form of taxation or imposition of a like nature on the occasion of any 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.".

6. The revenue and expenditure of the European Community, the administrative expenditure of the European Coal and Steel Community and the revenue relating thereto and the revenue and expenditure of the European Atomic Energy Community, except for those of the Supply Agency and Joint Undertakings, shall be shown in the budget of the European Communities, under the conditions laid down respectively in the Treaties establishing the three Communities.

7. Without prejudice to the application of Article 216 of the Treaty establishing the European Community, Article 77 of the Treaty establishing the European Coal and Steel Community, Article 189 of the Treaty establishing the European Atomic Energy Community and the second paragraph of Article 1 of the Protocol on the Statute of the European Investment Bank, the representatives of the Governments of the Member States shall adopt by common accord the necessary provisions for the purpose of dealing with certain problems particular to the Grand Duchy of Luxembourg which arise from the creation of a Single Council and a Single Commission of the European Communities.

Article X

1. The repeal or deletion in this Part of lapsed 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 as in force before the entry into force of this Treaty of Amsterdam and the adaptation of certain of their provisions shall not bring about any change in the legal effects of the provisions of those Treaties, in particular the legal effects arising from the time limits laid down by the said Treaties, nor of Accession Treaties.

2. There shall be no change in the legal effects of the acts in force adopted on the basis of the said Treaties.

3. The position shall be the same as regards the repeal of the Convention of 25 March 1957 on certain institutions common to the European Communities and the repeal of the Treaty of 8 April 1965 establishing a Single Council and a Single Commission of the European Communities.

Article XI

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 relating to the powers of the Court of Justice of the European Communities and to the exercise of those powers shall apply to the provisions of this Part and to the Protocol on privileges and immunities referred to in Article 9(5).

 

PART III

Article XII

1. The articles, titles and sections of the Treaty on European Union and of the Treaty establishing the European Community, as amended by the provisions of this Treaty, shall be renumbered in accordance with the tables of equivalences set out in the Annex to this Treaty, which shall form an integral part thereof.

2. The cross references to articles, titles and sections in the Treaty on European Union and in the Treaty establishing the European Community, as well as between them, shall be adapted in consequence. The same shall apply as regards references to articles, titles and sections of those treaties contained in the other Community treaties.

3. The references to the articles, titles and sections of the Treaties referred to in paragraph 2 contained in other instruments or acts shall be understood as references to the articles, titles and sections of the Treaties as renumbered pursuant to paragraph 1 and, respectively, to the paragraphs of the said articles, as renumbered by certain provisions of Article 6.

4. References, contained in other instruments or acts, to paragraphs of articles of the Treaties referred to in Articles 7 and 8 shall be understood as referring to those paragraphs as renumbered by certain provisions of the said Articles 7 and 8.

Article XIII

This Treaty is concluded for an unlimited period.

Article XIV

1. This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.

2. This Treaty shall enter into force on the first day of the second month following that in which the instrument of ratification is deposited by the last signatory State to fulfil that formality.

Article XV

This Treaty, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, the texts in each of these languages being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which will transmit a certified copy to each of the governments of the other signatory States.

EN FE DE LO CUAL, los plenipotenciarios abajo firmantes suscriben el presente Tratado.

TIL BEKRÆFTELSE HERAF har undertegnede befuldmægtigede underskrevet denne traktat.

ZU URKUND DESSEN haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter diesen Vertrag gesetzt.

ÅIÓ ÐIÓÔÙÓÇ ÔÙÍ ÁÍÙÔÅÑÙ, oé õðoãåãñáììÝvoé ðëçñåîoýóéoé õðÝãñáøáv ôçv ðáñoýóá ÓõvèÞêç.

IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.

EN FOI DE QUOI, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent traité.

DÁ FHIANÚ SIN, chuir na Lánchumhachtaigh thíos-sínithe a lámh leis an gConradh seo.

IN FEDE DI CHE, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente trattato.

TEN BLIJKE WAARVAN de ondergetekende gevolmachtigden hun handtekening onder dit Verdrag hebben gesteld.

EM FÉ DO QUE, os plenipotenciários abaixo assinados apuseram as suas assinaturas no presente Tratado.

TÄMÄN VAKUUDEKSI alla mainitut täysivaltaiset edustajat ovat allekirjoittaneet tämän sopimuksen.

TIL BEVIS HÄRPÅ har undertecknade befullmäktigade undertecknat detta fördrag.

 

Hecho en Amsterdam, el dos de octubre de mil novecientos noventa y siete.

Udfærdiget i Amsterdam, den anden oktober nitten hundrede og syvoghalvfems.

Geschehen zu Amsterdam am zweiten Oktober neunzehnhundertsiebenundneunzig.

´Åãévå óôo ´Áìóôåñvôáì, óôéò äýo Ïêôùâñßoõ ôoõ Ýôoõò ÷ßëéá åvvéáêüóéá åvåvÞvôá åðôÜ.

Done at Amsterdam on the second day of October in the year one thousand nine hundred and ninety-seven.

Fait à Amsterdam, le deux octobre de l’an mil neuf cent quatre-vingt-dix-sept.

Arna dhéanamh in Amstardam ar an dara lá de Dheireadh Fómhair sa bhliain míle naoi gcéad nócha a seacht.

Fatto ad Amsterdam, addì due ottobre nell’anno millenovecentonovantasette.

Gedaan te Amsterdam, de tweede oktober negentienhonderd zevenennegentig.

Feito em Amsterdão, em dois de Outubro de mil novecentos e noventa e sete.

Tehty Amsterdamissa toisena päivänä lokakuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäseitsemän.

Upprättat i Amsterdam den andra oktober år nittonhundranittiosju.