TITLE VI
PROVISIONS ON COOPERATION IN THE FIELDS OF JUSTICE AND HOME AFFAIRS
ARTICLE K
Cooperation in the fields of justice and home affairs shall be governed by the
following provisions.
ARTICLE K.1
For the purposes of achieving the objectives of the Union, in particular the
free movement of persons, and without prejudice to the powers of the European
Community, Member States shall regard the following areas as matters of common
interest:
1. asylum policy;
2. rules governing the crossing by persons of the external borders of the
Member States and the exercise of controls thereon;
3. immigration policy and policy regarding nationals of third countries;
(a) conditions of entry and movement by nationals of third countries on the
territory of Member States;
(b) conditions of residence by nationals of third countries on the territory
of Member States, including family reunion and access to employment;
(c) combatting unauthorized immigration, residence and work by nationals of
third countries on the territory of Member States;
4. combating drug addiction in so far as this is not covered by 7 to 9;
5. combating fraud on an international scale in so far as this is not covered
by 7 to 9;
6. judicial cooperation in civil matters;
7. judicial cooperation in criminal matters;
8. customs cooperation;
9. police cooperation for the purposes of preventing and combating terrorism,
unlawful drug trafficking and other serious forms of international crime,
including if necessary certain aspects of customs cooperation, in connection
with the organization of a Union-wide system for exchanging information within
a European Police Office (Europol).
ARTICLE K.2
1. The matters referred to in Article K.1 shall be dealt with in compliance
with the European Convention for the Protection of Human Rights and
Fundamental Freedoms of 4 November 1950 and the Convention relating to the
Status of Refugees of 28 July 1951 and having regard to the protection
afforded by Member States to persons persecuted on political grounds.
2. 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.
ARTICLE K.3
1. In the areas referred to in Article K.1, Member States shall inform and
consult one another within the Council with a view to coordinating their
action. To that end, they shall establish collaboration between the relevant
departments of their administrations.
2. The Council may:
– on the initiative of any Member State of the Commission, in the areas
referred to in Article K.1(1) to (6);
– on the initiative of any Member State, in the areas referred to Article
K1(7) to (9):
(a) adopt joint positions and promote, using the appropriate form and
procedures, any cooperation contributing to the pursuit of the objectives of
the Union;
(b) adopt joint action in so far as the objectives of the Union can be
attained better by joint action than by the Member States acting individually
on account of the scale or effects of the action envisaged; it may decide that
measures implementing joint action are to be adopted by a qualified majority;
(c) without prejudice to Article 220 of the Treaty establishing the European
Community, draw up conventions which it shall recommend to the Member States
for adoption in accordance with their respective constitutional requirements.
Unless otherwise provided by such conventions, measures implementing them
shall be adopted within the Council by a majority of two-thirds of the High
Contracting Parties.
Such conventions may stipulate that the Court of Justice shall have
jurisdiction to interpret their provisions and to rule on any disputes
regarding their application, in accordance with such arrangements as they may
lay down.
ARTICLE K.4
1. A Coordinating Committee shall be set up consisting of senior officials. In
additions to its coordinating role, it shall be the task of the Committee to;
– give opinions for the attention of the Council, either at the Councils
request or on its own initiative.
– contribute, without prejudice to Article 151 of the Treaty establishing the
European Community, to the preparation of the Council’s discussions in the
areas referred to in Article K.1 and, in accordance with the conditions laid
down in Article 100d of the Treaty establishing the European Community, in the
areas referred to in Article 100c of that Treaty.
2. The Commission shall be fully associated with the work in the areas
referred to in this Title.
3. The Council shall act unanimously, except on matters of procedure and in
cases where Article K.3 expressly provides for other voting rules.
Where the Council is required to act by a qualified majority, the votes of its
members shall be weighted as laid down in Article 148(2) of the Treaty
establishing the European Community, and for their adoption, acts of the
Council shall require at least fifty-four votes in favour, cast by at least
eight members.
ARTICLE K.5
Within international organizations and at international conferences in which
they take part, Member States shall defend the common positions adopted under
the provisions of this Title.
ARTICLE K.6
The Presidency and the Commission shall regularly inform the European
Parliament of discussions in the areas covered by this Title.
The Presidency shall consult the European Parliament on the principal aspects
of activities in the areas referred to in this Title and shall ensure that the
views of the European Parliament are duly taken into consideration.
The European Parliament may ask questions of the Council or make
recommendations to it. Each year, it shall hold a debate on the progress made
in implementation of the areas referred to in this Title.
ARTICLE K.7
The provisions of this Title shall not prevent the establishment or
development of closer cooperation between two or more Member States in so far
as such cooperation does not conflict with, or impede, that provided for in
this Title.
ARTICLE K.8
1. The provisions referred to in Article 137,138,139 top 142, 146, 147, 150 to
153, 157 to 163 and 217 of the Treaty establishing the European Community
shall apply to the provisions relating to the areas referred to in this Title.
2. Administrative expenditure which the provisions relating to the areas
referred to in this Title entail for the institutions shall be charged to the
budget of European Communities.
The Council may also:
– either decide unanimously that operational expenditure to which the
implementation of those provisions gives rise is to be charged to the budget
of the European Communities; in that event, the budgetary procedure laid down
in the treaty establishing the European Community shall be applicable;
– or determine that such expenditure shall be charged to the Member States,
where appropriate in accordance with a scale to be decided.
ARTICLE K.9
The Council, acting unanimously on the initiative of the Commission or a
Member State, may decide to apply Article 100c of the Treaty establishing the
European Community to action in areas referred to in Article K.1(1) to (6),
and at the same time determine the relevant voting conditions relating to it.
It shall recommend the Member States to adopt that decision in accordance with
their respective constitutional requirements.
