TITLE IV
PROVISIONS AMENDING THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY
COMMUNITY
ARTICLE 1
The Treaty establishing European Atomic Energy Community shall be amended in
accordance with the provisions of the Article.
1) Article 3 shall be replaced by the following:
“ARTICLE 3
1. The tasks entrusted to the Community shall be carried out by the following
institutions:
– a EUROPEAN PARLIAMENT,
– a COUNCIL,
– a COMMISSION,
– a COURT OF JUSTICE,
– a COURT OF AUDITORS.
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 acting in an advisory capacity.”
2) The following Articles shall be inserted:
“ARTICLE 107a
The European Parliament may, acting by a majority of its members, request the
Commission to submit any appropriate proposal on matters on which considers
that a Community act is required for the purpose of implementing this Treaty.
ARTICLE 107b
In the course of its duties, the European Parliament may, at the request of a
quarter of its members, set up a temporary Committee of Inquiry to
investigate, without prejudice to the powers conferred by this Treaty on other
institutions or bodies, alleged contraventions or maladministration in the
implementation of Community law, except where the alleged facts are being
examined before a court and while the case is still subject to legal
proceedings.
The temporary Committee of Inquiry shall cease to exist on the submission of
its report.
The detailed provisions governing the exercise of the right of inquiry shall
be determined by common accord of the European Parliament, the Council and the
Commission.
ARTICLE 107c
Any citizen of the Union, and any natural or legal person residing or having
its registered office in a Member State, shall have the right to address,
individually or in association with other citizens or persons, a petition to
the European Parliament on a matter which comes within the Community’s fields
of activity and which affects him, her or it directly.
ARTICLE 107d
1. The European Parliament shall appoint an Ombudsman empowered to receive
complaints from any citizen of the Union or any natural or legal person
residing or having its registered office in a Member State concerning
instances of maladministration in the activities of the Community institutions
or bodies, with the exception of the Court of Justice and the Court of First
Instance acting in their judicial role.
In accordance with his duties, the Ombudsman shall conduct inquiries for which
he finds grounds, either on his own initiative or on the basis of complaints
submitted to him direct or through a member of the European Parliament, except
where the alleged facts are or have been the subject of legal proceedings.
Where the Ombudsman establishes an instance of maladministration, he shall
refer the matter to the institution concerned. The person lodging the
complaint shall be informed of the outcome of such inquiries.
The Ombudsman shall submit an annual report to the European Parliament on the
outcome of his inquiries.
2. The Ombudsman shall be appointed after each election of the European
Parliament for the duration of its term of office. The Ombudsman shall be
eligible for reappointment.
The Ombudsman may be dismissed by the Court of Justice at the request of the
European Parliament if he no longer fulfils the conditions required for the
performance of his duties or if he is guilty of serious misconduct.
3. The Ombudsman shall be completely independent in the performance of his
duties. In the performance of those duties he shall neither seek nor take
instructions form any body. The Ombudsman may not, during his term of office,
engage in any other occupation, whether gainful or not.
4. The European Parliament shall, after seeking an opinion from the Commission
and with the approval of the Council acting by a qualified majority, lay down
the regulations and general conditions governing the performance of the
Ombudsman’s duties.”
3) Paragraph 3 of Article 108 shall be replaced by the following:
“3. The European Parliament shall draw up proposals for elections by direct
universal suffrage in accordance with a uniform procedure in all Member
States.
The Council shall, acting unanimously after obtaining the assent of the
European Parliament, which shall act by a majority of its component members,
lay down the appropriate provisions, which it shall recommend to Member States
for adoption in accordance with their respective constitutional requirements.”
4) The second subparagraph of Article 114 shall be supplemented by the
following sentence:
“In this case, the term of office of the members of the Commission appointed
to replace them shall expire on the date on which the term of office of the
members of the Commission obliged to resign as a body would have expired.”
5) The following Articles shall be inserted:
“ARTICLE 116
The Council shall consist of a representative of each Member State at
ministerial level, authorized to commit the government of that Member State.
The office of President shall be held in turn by each Member State in the
Council for a term of six months, in the following order of Member States.
– for a first cycle of six years: Belgium, Denmark, Germany, Greece, Spain,
France, Ireland, Italy, Luxembourg, Netherlands, Portugal, United Kingdom.
– for the following cycle of six years: Denmark, Belgium, Greece, Germany,
France, Spain, Italy, Ireland, Netherlands, Luxembourg, United Kingdom,
Portugal.
ARTICLE 117
The Council shall meet when convened by its President on his own initiative or
at the request of one of its members or of the Commission.”
6) The following Article shall be inserted:
“ARTICLE 121
1. A committee consisting of the Permanent Representatives of the Member
States shall be responsible for preparing the work of the Council and for
carrying out the tasks assigned to it by the Council.
2. The Council shall be assisted by a General Secretariat, under the direction
of a Secretary-General. The Secretary-General shall be appointed by the
Council acting unanimously.
The Council shall decide on the organization of the General Secretariat.
3. The Council shall adopt its rules of procedure.”
7) The following Article shall be inserted:
“ARTICLE 123
The Council shall, acting by a qualified majority, determine the salaries,
allowances and pensions of the President and members of the Commission, and of
the President, Judges, Advocates-General and Registrar of the Court of
Justice. It shall also, again by a qualified majority, determine any payment
to be made instead of remuneration.”
8) The following Articles shall be inserted;
“ARTICLE 125
The Commission shall publish annually, not later than one month before the
opening of the session of the European Parliament, a general report on the
activities of the Community.
ARTICLE 126
1. The Commission shall consist of seventeen members, who shall be chosen on
the grounds of their general competence and whose independence is beyond
doubt.
The number of members of the Commission may be altered by the Council, acting
unanimously.
Only nationals of the Member States may be members of the Commission.
The Commission must include at least one national of each of the Member
States, but may not include more than two members having the nationality of
the same State.
2. The members of the Commission shall, in the general interest of the
Community, be completely independent in the performance of their duties.
In the performance of these duties, they shall neither seek nor take
instructions from any government or from any other body. They shall refrain
from any action incompatible with their duties. Each Member State undertakes
to respect this principle and not to seek to influence the members of the
Commission in the performance of their tasks.
The members of the Commission may not, during their term of office, engage in
any other occupation, whether gainful or not. When entering upon their duties
they shall give a solemn undertaking that, both during and after their term or
office, they will respect the obligations arising therefrom and in particular
their duty to behave with integrity and discretion as regards the acceptance
after they have ceased to hold office, of certain appointments or benefits. In
the event of any breach of these obligations arising therefrom and in
particular their duty to behave with integrity and discretion as regards the
acceptance, after they have ceased to hold office, of certain appointments or
benefits. In the event of any breach of these obligations, the Court of
Justice may, on application by the Council or the Commission, rule that the
member concerned be, according to the circumstances, either compulsorily
retired in accordance with Article 129 or deprived of his right to a pension
or other benefits in its stead.
ARTICLE 127
1. The members of the Commission shall be appointed, in accordance with the
procedure referred to in paragraph 2, for a period of five years, subject, if
need be, to Article 114.
Their term of office shall be renewable.
2. The governments of the Member States shall nominate by common accord, after
consulting the European Parliament, the person they intend to appoint as
President of the Commission.
The governments of the Member States shall, in consultation with the nominee
for President, nominate the other persons whom they intend to appoint as
members of the Commission.
The President and other members of the Commission thus nominated shall be
subject as a body to a vote of approval by the European Parliament. After
approval by the European Parliament, the President and the other members of
the Commission shall be appointed by common accord of the governments of the
Member States.
3. Paragraphs 1 and 2 shall be applied for the first time to the President and
other members of the Commission whose term of office begins on 7 January 1995.
The President and the other members of the Commission whose term of office
begins on 7 January 1993 shall be appointed by common accord of the
governments of the Member States. Their term of office shall expire on 6
January 1995.
ARTICLE 128
Apart from normal replacement, or death, the duties of a member of the
Commission shall end when he resigns or is compulsorily retired.
The vacancy thus caused shall be filled for the remainder of the member’s term
of office by a new member appointed by common accord of the governments of the
Member States. The Council may, acting unanimously, decide that such a vacancy
need not be filled.
In the event of resignation, compulsory retirement or death, the President
shall be replaced for the remainder of his term of office. The procedure laid
down in Article 127(2) shall be applicable for the replacement of the
President.
Save in the case of compulsory retirement under Article 129, members of the
Commission shall remain in office until they have been replaced.
ARTICLE 129
If any member of the Commission no longer fulfills the conditions required for
the performance of his duties or if he has been guilty of serious misconduct,
the Court of Justice may, on appli cation by the Council or Commission,
compulsorily retire him.
ARTICLE 130
The Commission may appoint a Vice-President or two Vice-Presidents from among
its members.
ARTICLE 131
The Council and the Commission shall consult each other and shall settle by
common accord their methods of cooperation.
The Commission shall adopt its rules of procedure so as to ensure that both it
and its departments operate in accordance with the provisions of the Treaty.
It shall ensure that these rules are published.
ARTICLE 132
The Commission shall act by a majority of the number of members provided for
in Article 126.
A meeting of the Commission shall be valid only if the number of members laid
down in its rules of procedure is present.”
9) Article 133 shall be repealed.
10) Article 137 shall be replaced by the following:
“ARTICLE 137
The Court of Justice shall consist of thirteen Judges.
The Court of Justice shall sit in plenary session. It may, however, form
Chambers, each consisting of three or five Judges, either to undertake certain
preparatory inquiries or to adjudicate on particular categories of cases in
accordance with the rules laid down for these purposes.
The Court of Justice shall Sit in plenary session when a Member State or a
Community institution that is a party to the proceedings so requests.
Should the Court of Justice so request, the Council may, acting unanimously,
increase the number of Judges and make the necessary adjustments to the second
and third paragraphs of this Article 139.”
11) Article 140a shall be replaced by the following:
“ARTICLE 140a
1. A Court of First Instance shall be attached to the Court of Justice with
jurisdiction to hear and determine at first instance, subject to a right of
appeal to the Court of Justice on points of law only and in accordance with
the conditions laid down by the Statute, certain classes of action or
proceeding defined in accordance with the conditions laid down in paragraph 2.
The Court of First Instance shall not be competent to hear and determine
questions referred for a preliminary ruling under Article 150.
2. At the request of the Court of Justice and after consulting the European
Parliament and the Commission, the Council, acting unanimously, shall
determine the classes of action or proceeding referred to in paragraph 1 and
the composition of the Court of First Instance and shall adopt the necessary
adjustments and additional provisions to the Statute of the Court of Justice.
Unless the Council decides otherwise, the provisions of this Treaty relating
to the Court of Justice, in particular the provisions of the Protocol on the
Statute of the Court of Justice, shall apply to the Court of the First
Instance.
3. The members of the Court of First Instance shall be chosen from persons
whose independence is beyond doubt and who possess the ability required for
appointment to judicial office; they shall be appointed by common accord of
the governments of the Member States for a term of six years. The membership
shall be partially renewed every three years. Retiring members shall be
eligible for re-appointment.
4. The Court of First Instance shall establish its rules of procedure in
agreement with the Court of Justice. Those rules shall require the unanimous
approval of the Council.”
12) Article 143 shall be replaced by the following:
“ARTICLE 143
1. If the Court of Justice finds that a Member State has failed to fulfil an
obligation under this Treaty, the State shall be required to take the
necessary measures to comply with the judgment of the Court of Justice.
2. If the Commission considers that the Member State concerned has not taken
such measures it shall, after giving that State the opportunity to submit its
observations, issue a reasoned opinion specifying the points which the Member
State concerned has not complied with the judgment of the Court of Justice.
If the Member State concerned fails to take the necessary measures to comply
with the Court’s judgment within the time-limit laid down by the Commission,
the latter may bring the case before the Court of Justice. In so doing it
shall specify the amount of the lump sum or penalty payment to be paid by the
Member State concerned which it considers appropriate in the circumstances.
If the Court of Justice finds that the Member State concerned has not complied
with its judgment it may impose a lump sum or penalty payment on it.
This procedure shall be without prejudice to Article 142.”
13) Article 146 shall be replaced by the following:
“ARTICLE 146
The Court of Justice shall review the legality of acts of the Council and of
the Commission, other than recommendations and opinions, and of acts of the
European Parliament intended to produce legal effects vis-a-vis third parties.
It shall for this purpose have jurisdiction in actions brought by a Member
State, the Council or the Commission on grounds of lack of competence,
infringement of this Treaty or of any rule of law relating to its application,
or misuse of powers.
The Court shall have jurisdiction under the same conditions in actions brought
by the European Parliament for the purpose of protecting its prerogatives.
Any natural or legal person may, under the same conditions, institute
proceedings against a decision addressed to that person or against a decision
which, although in the form of a regulation or a decision addressed to another
person, is of direct and individual concern to the former.
The proceedings provided for in this Article shall be instituted within two
months of the publication of the measure, or of its notification to the
plaintiff, or, in the absence thereof, of the day on which it came to the
knowledge of the latter, as the case may be.”
14) The following Section shall be inserted;
“SECTION V
THE COURT OF AUDITORS
ARTICLE 160a
The Audit shall be carried out by the Court of ~Auditors.
ARTICLE 160b
1. The Court of Auditors shall consist of twelve members.
2. The members of the Court of Auditors shall be chosen from among persons who
belong or have belonged in their respective countries to external audit bodies
or who are especially qualified for this office. Their independence must be
beyond doubt.
3. The members of the Court of Auditors shall be appointed for a term of six
years by the Council, acting unanimously after consulting the European
Parliament.
However, when the first appointments are made, four members of the Court of
Auditors, chosen by lot, shall be appointed for a term of office of four years
only.
The members of the Court of Auditors shall be eligible for reappointment.
They shall elect the President of the Court of Auditors from among their
number for a term of three years. The President may be re-elected.
4. The members of the Court of Auditors shall, in the general interest of the
Community, be completely independent in the performance of their duties.
In the performance of these duties, they shall neither seek nor take
instructions from any government or from any other body. They shall refrain
from any action incompatible with their duties.
5. The members of the Court of Auditors may not, during their term of office,
engage in any other occupation, whether gainful or not. When entering upon
their duties they shall give a solemn undertaking that, both during and after
their term of office, they will respect the obligations arising therefrom and
in partic ular their duty to behave with integrity and discretion as regards
the acceptance, after they have ceased to hold office, of certain appointments
or benefits.
6. Apart from normal replacement, or death, the duties of a member of the
Court of Auditors shall end when he resigns, or is compulsorily retired by a
ruling of the Court of Justice pursuant to paragraph 7.
The vacancy thus caused shall be filled for the remainder of the member’s term
of office.
Save in the case of compulsory retirement, members of the Court of Auditors
shall remain in office until they have been replaced.
7. A member of the Court of Auditors may be deprived of his office or of his
right to a pension or other benefits in its stead only if the Court of
Justice, at the request of the Court of Auditors, finds that he no longer
fulfills the requisite condi tions or meets the obligations arising from his
office.
8. The Council, acting by a qualified majority, shall determine the conditions
of employment of the President and the members of the Court of Auditors and in
particular their salaries, allowances and pensions. It shall also, by the same
majority, determine any payment to be made instead of remuneration.
9. The provisions of the Protocol on the Privileges and Immunities of the
European Communities applicable to the judges of the Court of Justice shall
also apply to the members of the Court of Auditors.
ARTICLE 160c
1. The Court of Auditors shall examine the accounts of all revenue and
expenditure of the Community. It shall also examine the accounts of all
revenue and expenditure of all bodies set up by the Community insofar as the
relevant constituent instrument does not preclude such examination.
The Court of Auditors shall provide the European Parliament and the Council
with a statement of assurance as to the reliability of the accounts and the
legality and regularity of the underlying transactions.
2. The Court of Auditors shall examine whether all revenue has been received
and all expenditure incurred in a lawful and regular manner and whether the
financial management has been sound.
The audit of revenue shall be carried out on the basis of the amounts
established as due and the amounts actually paid to the Community.
The audit of expenditure shall be carried out on the basis both of commitments
undertaken and payments made.
These audits may be carried out before the closure of accounts for the
financial year in question.
3. The audit shall be based on records and, if necessary, performed on the
spot in the other institutions of the Community and in the Member States. In
the Member States the audit shall be carried out in liaison with the national
audit bodies or, if these do not have the necessary powers, with the competent
national departments. These bodies or departments shall inform the Court of
Auditors whether they intend to take part in the audit.
The other institutions of the Community and the national audit bodies or, if
these do not have the necessary powers, the competent national department,
shall forward to the Court of Auditors, at its request, any document or
information necessary to carry on its task.
4. The Court of Auditors shall draw up an annual report after the close of
each financial year. It shall be forwarded to the other institutions of the
Community and shall be published, together with the replies of these
institutions to the observations of the Court of Auditors, in the Official
Journal of the European Communities.
The Court of Auditors may also, at any time, submit observations, particularly
in the form of special reports, on specific questions and deliver opinions at
the request of one of the other institutions of the Community.
It shall adopt its annual reports, special reports or opinions by a majority
of its members.
It shall assist the European Parliament and the Council in exercising their
powers of control over the implementation of the budget.”
15) Article 166 shall be replaced by the following:
“ARTICLE 166
The number of members of the Economic and Social Committee shall be as
follows:
Belgium 12
Denmark 9
Germany 24
Greece 12
Spain 21
France 24
Ireland 9
Italy 24
Luxembourg 6
Netherlands 12
Portugal 12
United Kingdom 24
The members of the Committee shall be appointed by the Council, acting
unanimously, for four years. Their appointment shall be renewable.
The members of the Committee may not be bound by any mandatory instructions.
They shall be completely independent in the performance of their duties, in
the general interest of the Community.
The Council, acting by qualified majority, shall determine the allowances of
the members of the Committee.”
168 shall be replaced by the following;
“ARTICLE 168
The Committee shall elect its chairman and officers from among its members for
a term of two years.
It shall adopt its rules of procedure.
The Committee shall be convened by its chairman at the request of the Council
or of the Commission. It may also meet on its own initiative.”
17) Article 170 shall be replaced by the following:
“ARTICLE 170
The Committee must be consulted by the Council or by the Commission where this
Treaty so provides. The Committee may be consulted by these institutions in
all cases in which they consider it appropriate. It may issue an opinion on
its own initiative in cases in which it considers such action appropriate.
The Council or the Commission shall, if it considers it necessary, set the
Committee, for the submission of its opinion, a time limit which may not be
less than one month from the date on which the chairman receives notification
to this effect. Upon expiry of the time limit, the absence of an opinion shall
not prevent further action.
The opinion of the Committee and that of the specialized section, together
with a record of the proceedings, shall be forwarded to the Council and to the
Commission.”
18) Paragraphs 1 to 3 of Article 172 shall be repealed.
19) Article 173 shall be replaced by the following:
“ARTICLE 173
Without prejudice to other revenue, the budget shall be financed wholly from
own resources.
The Council, acting unanimously on a proposal from the Commission and after
consulting the European Parliament, shall lay down provisions relating to the
system of own resources of the Community, which it shall recommend to the
Member States for adoption in accordance with their respective constitutional
requirements.”
20) The following Article shall be inserted:
“ARTICLE 173a
With a view to maintaining budgetary discipline, the Commission shall not make
any proposal for a Community act, or alter its proposals, or adopt any
implementing measure which is likely to have appreciable implications for the
budget without providing the assurance that that proposal or that measure is
capable of being financed within the limit to the Community’s own resources
arising under provisions laid down by the Council pursuant to Article 173.”
21) Article 179 shall be replaced by the following:
“ARTICLE 179
The Commission shall implement the budgets, in accordance with the provisions
of the regulations made pursuant to Article 183, on its own responsibility and
within the limits of the appropriations, having regard to the principles of
sound financial management.
The regulations shall lay down detailed rules for each institution concerning
its part in effecting its own expenditure.
Within the budgets, the Commission may, subject to the limits and conditions
laid down in the regulations made pursuant to Article 183, transfer
appropriations from one chapter to another or from on subdivision to another.”
22) Articles 180 and 180a shall be repealed.
23) Article 180b shall be replaced by the following:
“ARTICLE 180b
1. The European Parliament, acting on a recommendation from the Council which
shall act by a qualified majority, shall give a discharge to the Commission in
respect of the implementation of the budget. To this end, the Council and the
European Parliament in turn shall examine the accounts and the financial
statement referred to in Article 179a, the annual report by the Court of
Auditors together with the replies of the institutions under audit to the
observations of the Court of Auditors, and any relevant special reports by the
Court of Auditors.
2. Before giving a discharge to the Commission, or for any other purpose in
connection with the exercise of its powers over the implementation of the
budget, the European Parliament may ask to hear the Commission give evidence
with regard to the execution of expenditure or the operation of financial
control systems. The Commission shall submit any necessary information to the
European Parliament at the latter’s request.
3. The Commission shall take all appropriate steps to act on the observations
in the decisions giving discharge and on the other observations by the
European Parliament relating to the execution of expenditure, as well as on
comments accompanying the recommendations on discharge adopted by the Council.
At the request of the European Parliament or the Council, the Commission shall
report on the measures taken in the light of these observations and comments
and in particular of the instructions given to the departments which are
responsible for the implementation of the budgets. These reports shall also be
forwarded to the Court of Auditors.”
24) Article 183 shall be replaced by the following:
“ARTICLE 183
The Council, acting unanimously on a proposal from the Commission and after
consulting the European Parliament and obtaining the opinion of the Court of
Auditors, shall:
(a) make financial regulations specifying in particular the procedure to be
adopted for establishing and implementing the budget and for presenting and
auditing accounts;
(b) determine the methods and procedure whereby the budget revenue provided
under the arrangements relating to the Community’s own resources shall be made
available to the Commission, and determine the measures to be applied, if need
be, to meet cash requirements;
(c) lay down rules concerning the responsibility of financial controllers,
authorizing officers and accounting officers, and concerning appropriate
arrangements for inspection.”
25) The following Article shall be inserted:
“ARTICLE 183a
Member States shall take the same measures to counter fraud affecting the
financial interests of the Community as they take to counter fraud affecting
their own financial interests.
Without prejudice to other provisions of this Treaty, Member States shall
coordinate their actions aimed at protecting the financial interests of the
Community against fraud. To this end they shall organize, with the help of the
Commission, close and regular cooperation between the competent departments of
their administrations.”
26) Article 198)a) shall be replaced by the following:
“(a) This Treaty shall not apply to the Faroe Islands.”
27) Article 201 shall be replaced by the following:
“ARTICLE 201
The Community shall establish close cooperation with the Organization for
Economic Cooperation and Development, the details of which shall be determined
by common accord.”
28) Articles 204 and 205 shall be repealed.
29) Article 206 shall be replaced by the following:
“ARTICLE 206
The Community may conclude with one or more States or international
organizations agreements establishing an association involving reciprocal
rights and obligations, common action and special procedures.
These agreements shall be concluded by the Council, acting unanimously after
consulting the European Parliament.
Where such agreements call for amendments to this Treaty, these amendments
shall first be adopted in accordance with the procedure laid down in Article N
of the Treaty on European Union.”
