<НИЦЦКИЙ ДОГОВОР, ИЗМЕНЯЮЩИЙ ДОГОВОР О ЕВРОПЕЙСКОМ СОЮЗЕ, ДОГОВОРЫ ОБ УЧРЕЖДЕНИИ ЕВРОПЕЙСКИХ СООБЩЕСТВ И ДРУГИЕ ОСНОВОПОЛАГАЮЩИЕ АКТЫ> [англ.](Вместе с <ДОПОЛНИТЕЛЬНЫМИ ПРОТОКОЛАМИ О РАСШИРЕНИИ ЕВРОПЕЙСКОГО СОЮЗА, ПО УСТАВУ СУДА, ПО ФИНАНСОВЫМ ПОСЛЕДСТВИЯМ ИСТЕЧЕНИЯ ДОГОВОРА ЕВРОПЕЙСКОГО ОБЪЕДИНЕНИЯ УГЛЯ И СТАЛИ ДЛЯ НАУЧНО-ИССЛЕДОВАТЕЛЬСКОГО ФОНДА И ПО СТАТЬЕ 67 ДОГОВОРА ОБ УЧРЕЖДЕНИИ ЕС>, <ЗАКЛЮЧИТЕЛЬНЫМ АКТОМ>, <ДЕКЛАРАЦИЯМИ>)(Подписан в г. Ницце 26.02.2001)
TREATY OF NICE
AMENDING THE TREATY ON EUROPEAN UNION,
THE
TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES
AND CERTAIN RELATED
ACTS
(Nice, 26.II.2001)
His Majesty the King of the Belgians,
Her
Majesty the Queen of Denmark,
The President of the Federal Republic of
Germany,
The President of the Hellenic Republic,
His Majesty the
King of Spain,
The President of the French Republic,
The President
of Ireland,
The President of the Italian Republic,
His Royal
Highness the Grand Duke of Luxembourg,
Her Majesty the Queen of the
Netherlands,
The Federal President of the Republic of Austria,
The
President of the Portuguese Republic,
The President of the Republic of
Finland,
His Majesty the King of Sweden,
Her Majesty the Queen of
the United Kingdom of Great Britain and Northern Ireland,
Recalling the
historic importance of the ending of the division of the European
continent,
Desiring to complete the process started by the Treaty of
Amsterdam of preparing the institutions of the European Union to function in an
enlarged Union,
Determined on this basis to press ahead with the
accession negotiations in order to bring them to a successful conclusion, in
accordance with the procedure laid down in the Treaty on European Union,
Have resolved to amend the Treaty on European Union, the Treaties establishing
the European Communities and certain related acts,
and to this end have
designated as their Plenipotentiaries:
His Majesty the King of the
Belgians:
Mr. Louis Michel, Deputy Prime Minister and Minister for
Foreign Affairs;
Her Majesty the Queen of Denmark:
Mr. Mogens
Lykketoft, Minister for Foreign Affairs;
The President of the Federal
Republic of Germany:
Mr. Joseph Fischer, Federal Minister for Foreign
Affairs and Deputy Federal Chancellor;
The President of the Hellenic
Republic:
Mr. Georgios Papandreou, Minister for Foreign Affairs;
His Majesty the King of Spain:
Mr. Josep Pique I Camps, Minister for
Foreign Affairs;
The President of the French Republic:
Mr. Hubert
Vedrine, Minister for Foreign Affairs;
The President of Ireland:
Mr. Brian Cowen, Minister for Foreign Affairs;
The President of the
Italian Republic:
Mr. Lamberto Dini, Minister for Foreign Affairs;
His Royal Highness the Grand Duke of Luxembourg:
Ms. Lydie Polfer, Deputy
Prime Minister, Minister for Foreign Affairs and Foreign Trade;
Her
Majesty the Queen of the Netherlands:
Mr. Jozias Johannes Van Aartsen,
Minister for Foreign Affairs;
The Federal President of the Republic of
Austria:
Ms. Benita Ferrero-Waldner, Federal Minister for Foreign
Affairs;
The President of the Portuguese Republic:
Mr. Jaime Gama,
Ministro de Estado, Minister for Foreign Affairs;
The President of the
Republic of Finland:
Mr. Erkki Tuomioja, Minister for Foreign
Affairs;
His Majesty the King of Sweden:
Ms. Anna Lindh, Minister
for Foreign Affairs;
Her Majesty the Queen of the United Kingdom of Great
Britain and Northern Ireland:
Mr. Robin Cook, Secretary of State for
Foreign and Commonwealth Affairs;
Who, having exchanged their full powers
found in good and due form,
Have agreed as follows:
Part One.
SUBSTANTIVE AMENDMENTS
Article 1
The Treaty on European Union shall be
amended in accordance with the provisions of this Article.
1. Article 7
shall be replaced by the following:
"Article 7
1. On a reasoned proposal
by one third of the Member States, by the European Parliament or by the
Commission, the Council, acting by a majority of four-fifths of its members
after obtaining the assent of the European Parliament, may determine that there
is a clear risk of a serious breach by a Member State of principles mentioned in
Article 6(1), and address appropriate recommendations to that State. Before
making such a determination, the Council shall hear the Member State in question
and, acting in accordance with the same procedure, may call on independent
persons to submit within a reasonable time limit a report on the situation in
the Member State in question.
The Council shall regularly verify that the
grounds on which such a determination was made continue to apply.
2. The
Council, meeting in the composition of the Heads of State or Government and
acting by unanimity on a proposal by one third of the Member States or by the
Commission and after obtaining the assent of the European Parliament, may
determine the existence of a serious and persistent breach by a Member State of
principles mentioned in Article 6(1), after inviting the government of the
Member State in question to submit its observations.
3. Where a
determination under paragraph 2 has been made, the Council, acting by a
qualified majority, may decide to suspend certain of the rights deriving from
the application of this Treaty to the Member State in question, including the
voting rights of the representative of the government of that Member State in
the Council. In doing so, the Council shall take into account the possible
consequences of such a suspension on the rights and obligations of natural and
legal persons.
The obligations of the Member State in question under this
Treaty shall in any case continue to be binding on that State.
4. The
Council, acting by a qualified majority, may decide subsequently to vary or
revoke measures taken under paragraph 3 in response to changes in the situation
which led to their being imposed.
5. For the purposes of this Article,
the Council shall act without taking into account the vote of the representative
of the government of the Member State in question. Abstentions by members
present in person or represented shall not prevent the adoption of decisions
referred to in paragraph 2. A 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 205(2) of the Treaty establishing the European Community.
This paragraph shall also apply in the event of voting rights being suspended
pursuant to paragraph 3.
6. For the purposes of paragraphs 1 and 2, the
European Parliament shall act by a two-thirds majority of the votes cast,
representing a majority of its Members."
2. Article 17 shall be replaced
by the following:
"Article 17
1. The common foreign and security policy
shall include all questions relating to the security of the Union, including the
progressive framing of a common defence policy, which might lead to a common
defence, should the European Council so decide. It shall in that case recommend
to the Member States the adoption of such a decision in accordance with their
respective constitutional requirements.
The policy of the Union in
accordance with this Article shall not prejudice the specific character of the
security and defence policy of certain Member States and shall respect the
obligations of certain Member States, which see their common defence realised in
the North Atlantic Treaty Organisation (NATO), under the North Atlantic Treaty
and be compatible with the common security and defence policy established within
that framework.
The progressive framing of a common defence policy will
be supported, as Member States consider appropriate, by cooperation between them
in the field of armaments.
2. Questions referred to in this Article shall
include humanitarian and rescue tasks, peacekeeping tasks and tasks of combat
forces in crisis management, including peacemaking.
3. Decisions having
defence implications dealt with under this Article shall be taken without
prejudice to the policies and obligations referred to in paragraph 1, second
subparagraph.
4. The provisions of this Article shall not prevent the
development of closer cooperation between two or more Member States on a
bilateral level, in the framework of the Western European Union (WEU) and NATO,
provided such cooperation does not run counter to or impede that provided for in
this Title.
5. With a view to furthering the objectives of this Article,
the provisions of this Article will be reviewed in accordance with Article
48."
3. In Article 23(2), first subparagraph, the following third indent
shall be added:
"- when appointing a special representative in accordance
with Article 18(5)."
4. Article 24 shall be replaced by the
following:
"Article 24
1. When it is necessary to conclude an agreement
with one or more States or international organisations in implementation of this
Title, the Council may authorise the Presidency, assisted by the Commission as
appropriate, to open negotiations to that effect. Such agreements shall be
concluded by the Council on a recommendation from the Presidency.
2. The
Council shall act unanimously when the agreement covers an issue for which
unanimity is required for the adoption of internal decisions.
3. When the
agreement is envisaged in order to implement a joint action or common position,
the Council shall act by a qualified majority in accordance with Article
23(2).
4. The provisions of this Article shall also apply to matters
falling under Title VI. When the agreement covers an issue for which a qualified
majority is required for the adoption of internal decisions or measures, the
Council shall act by a qualified majority in accordance with Article 34(3).
5. No agreement shall be binding on a Member State whose representative in the
Council states that it has to comply with the requirements of its own
constitutional procedure; the other members of the Council may agree that the
agreement shall nevertheless apply provisionally.
6. Agreements concluded
under the conditions set out by this Article shall be binding on the
institutions of the Union."
5. Article 25 shall be replaced by the
following:
"Article 25
Without prejudice to Article 207 of the Treaty
establishing the European Community, a Political and Security Committee shall
monitor the international situation in the areas covered by the common foreign
and security policy and contribute to the definition of policies by delivering
opinions to the Council at the request of the Council or on its own initiative.
It shall also monitor the implementation of agreed policies, without prejudice
to the responsibility of the Presidency and the Commission.
Within the
scope of this Title, this Committee shall exercise, under the responsibility of
the Council, political control and strategic direction of crisis management
operations.
The Council may authorise the Committee, for the purpose and
for the duration of a crisis management operation, as determined by the Council,
to take the relevant decisions concerning the political control and strategic
direction of the operation, without prejudice to Article 47."
6. The
following Articles shall be inserted:
"Article 27a
1. Enhanced
cooperation in any of the areas referred to in this Title shall be aimed at
safeguarding the values and serving the interests of the Union as a whole by
asserting its identity as a coherent force on the international scene. It shall
respect:
- the principles, objectives, general guidelines and consistency
of the common foreign and security policy and the decisions taken within the
framework of that policy;
- the powers of the European Community,
and
- consistency between all the Union"s policies and its external
activities.
2. Articles 11 to 27 and Articles 27b to 28 shall apply to
the enhanced cooperation provided for in this Article, save as otherwise
provided in Article 27c and Articles 43 to 45.
Article 27b
Enhanced
cooperation pursuant to this Title shall relate to implementation of a joint
action or a common position. It shall not relate to matters having military or
defence implications.
Article 27c
Member States which intend to
establish enhanced cooperation between themselves under Article 27b shall
address a request to the Council to that effect.
The request shall be
forwarded to the Commission and to the European Parliament for information. The
Commission shall give its opinion particularly on whether the enhanced
cooperation proposed is consistent with Union policies. Authorisation shall be
granted by the Council, acting in accordance with the second and third
subparagraphs of Article 23(2) and in compliance with Articles 43 to
45.
Article 27d
Without prejudice to the powers of the Presidency or of
the Commission, the Secretary-General of the Council, High Representative for
the common foreign and security policy, shall in particular ensure that the
European Parliament and all members of the Council are kept fully informed of
the implementation of enhanced cooperation in the field of the common foreign
and security policy.
Article 27e
Any Member State which wishes to
participate in enhanced cooperation established in accordance with Article 27c
shall notify its intention to the Council and inform the Commission. The
Commission 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 Council shall take a decision on the request and on such
specific arrangements as it may deem necessary. The decision shall be deemed to
be taken unless the Council, acting by a qualified majority within the same
period, decides to hold it in abeyance; in that case, the Council shall state
the reasons for its decision and set a deadline for re-examining it.
For
the purposes of this Article, the Council shall act by a qualified majority. The
qualified majority shall be defined as the same proportion of the weighted votes
and the same proportion of the number of the members of the Council concerned as
those laid down in the third subparagraph of Article 23(2)."
7. In
Article 29, second paragraph, the second indent shall be replaced by the
following:
"- closer cooperation between judicial and other competent
authorities of the Member States, including cooperation through the European
Judicial Cooperation Unit ("Eurojust"), in accordance with the provisions of
Articles 31 and 32;"
8. Article 31 shall be replaced by the
following:
"Article 31
1. Common action on judicial cooperation in
criminal matters shall include:
(a) facilitating and accelerating
cooperation between competent ministries and judicial or equivalent authorities
of the Member States, including,
