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The Treaty of the European Union

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"CHAPTER 3
EDUCATION, VOCATIONAL TRAINING AND YOUTH
ARTICLE 126
1. The Community shall contribute to the development of quality
education by encouraging co-operation between Member States and, if
necessary, by supporting and supplementing their action, while fully
respecting the responsibility of the Member States for the content of
teaching and the organization of education systems and their cultural
and linguistic diversity.
2. Community action shall be aimed at:
- developing the European dimension in education, particularly
through the teaching and dissemination of the languages of the
Member States;
- encouraging mobility of students and teachers, inter alia by
encouraging the academic recognition of diplomas and periods of
study;
- promoting co-operation between educational establishments;
- developing exchanges of information and experience on issues
common to the education systems of the Member States;
- encouraging the development of youth exchanges and of exchanges
of socio-educational instructors;
- encouraging the development of distance education.
3. The Community and the Member States shall foster co-operation
with third countries and the competent international organizations in
the field of education, in particular the Council of Europe
4. In order to contribute to the achievement of the objectives referred
to in this Article, the Council:
- acting in accordance with the procedure referred to in Article 189b,
after consulting the Economic and Social Committee and the
Committee of the Regions, shall adopt incentive measures, excluding
any harmonization of the laws and regulations of the Member States;
- acting by a qualified majority on a proposal from the Commission,
shall adopt recommendations.
ARTICLE 127
1. The Community shall implement a vocational training policy which
shall support and supplement the action of the Member States, while
fully respecting the responsibility of the Member States for the content
and organization of vocational training.
2. Community action shall aim to:
- facilitate adaptation to industrial changes, in particular through
vocational training and retraining;
- improve initial and continuing vocational training in order to facilitate
vocational integration and reintegration into the labour market;
- facilitate access to vocational training and encourage mobility of
instructors and trainees and particularly young people;
- stimulate co-operation on training between educational or training
establishments and firms;
- develop exchanges of information and experience on issues
common to the training systems of the Member States.
3. The Community and the Member States shall foster co-operation
with third countries and the competent international organizations in
the sphere of vocational training.
4. The Council, acting in accordance with the procedure referred to in
Article 189c and after consulting the Economic and Social Committee,
shall adopt measures to contribute to the achievement of the
objectives referred to in this Article, excluding any harmonization of
the laws and regulations of the Member States."
37) The following shall be inserted:
"TITLE IX
Culture
ARTICLE 128
1. The Community shall contribute to the flowering of the cultures of
the Member States, while respecting their national and regional
diversity and at the same time bringing the common cultural heritage
to the fore.
2. Action by the Community shall be aimed at encouraging co-
operation between Member States and, if necessary, supporting and
supplementing their action in the following areas:
- improvement of the knowledge and dissemination of the culture and
history of the European peoples;
- conservation and safeguarding of cultural heritage of European
significance;
- non-commercial cultural exchanges;
- artistic and literary creation, including in the audiovisual sector.
3. The Community and the Member States shall foster co-operation
with third countries and the competent international organizations in
the sphere of culture, in particular the Council of Europe.
4. The Community shall take cultural aspects into account in its action
under other provisions of this Treaty.
5. In order to contribute to the achievement of the objectives referred
to in this Article, the Council:
- acting in accordance with the procedure referred to in Article 189b
and after consulting the Committee of the Regions, shall adopt
incentive measures, excluding any harmonization of the laws and
regulations of the Member States. The Council shall act unanimously
throughout the procedures referred to in Article 189b;
- acting unanimously on a proposal from the Commission, shall adopt
recommendations."
38) Titles IV, V, VI and VII shall be replaced by the following:
"TITLE X
Public Health
ARTICLE 129
1. The Community shall contribute towards ensuring a high level of
human health protection by encouraging co-operation between the
Member States and, if necessary, lending support to their action.
Community action shall be directed towards the prevention of
diseases, in particular the major health scourges, including drug
dependence, by promoting research into their causes and their
transmission, as well as health information and education.
Health protection requirements shall form a constituent part of the
Community's other policies.
2. Member States shall, in liaison with the Commission, co-ordinate
among themselves their policies and programmes in the areas
referred to in paragraph 1. The Commission may, in close contact with
the Member States, take any useful initiative to promote such co-
ordination.
3. The Community and the Member States shall foster co-operation
with third countries and the competent international organizations in
the sphere of public health.
4. In order to contribute to the achievement of the objectives referred
to in this Article, the Council:
- acting in accordance with the procedure referred to in Article 189b,
after consulting the Economic and Social Committee and the
Committee of the Regions, shall adopt incentive measures, excluding
any harmonization of the laws and regulations of the Member States;
- acting by a qualified majority on a proposal from the Commission,
shall adopt recommendations.
TITLE XI
Consumer protection
ARTICLE 129a
1. The Community shall contribute to the attainment of a high level of
consumer protection through:
(a) measures adopted pursuant to Article 100a in the context of the
completion of the internal market;
(b) specific action which supports and supplements the policy pursued
by the Member States to protect the health, safety and economic
interests of consumers and to provide adequate information to
consumers.
2. The Council, acting in accordance with the procedure referred to in
Article 189b and after consulting the Economic and Social Committee,
shall adopt the specific action referred to in paragraph 1(b).
3. Action adopted pursuant to paragraph 2 shall not prevent any
Member State from maintaining or introducing more stringent
protective measures. Such measures must be compatible with this
Treaty. The Commission shall be notified of them.
TITLE XII
Trans-European networks
ARTICLE 129b
1. To help achieve the objectives referred to in Articles 7a and 130a
and to enable citizens of the Union, economic operators and regional
and local communities to derive the full benefit from the setting up of
an area without internal frontiers, the Community shall contribute to
the establishment and development of trans-European networks in the
areas of transport, telecommunications and energy infrastructures.
2. Within the framework of a system of open and competitive markets,
action by the Community shall aim at promoting the interconnection
and inter-operability of national networks as well as access to such
networks. It shall take account in particular of the need to link island,
landlocked and peripheral regions with the central regions of the
Community.
ARTICLE 129c
1. In order to achieve the objectives referred to in Article 129b, the
Community:
- shall establish a series of guidelines covering the objectives,
priorities and broad lines of measures envisaged in the sphere of
trans-European networks; these guidelines shall identify projects of
common interest;
- shall implement any measures that may prove necessary to ensure
the inter-operability of the networks, in particular in the field of
technical standardization;
- may support the financial efforts made by the Member States for
projects of common interest financed by Member States, which are
identified in the framework of the guidelines referred to in the first
indent, particularly through feasibility studies, loan guarantees or
interest rate subsidies; the Community may also contribute, through
the Cohesion Fund to be set up no later than 31 December 1993
pursuant to Article 130d, to the financing of specific projects in
Member States in the area of transport infrastructure.
The Community's activities shall take into account the potential
economic viability of the projects.
2. Member States shall, in liaison with the Commission, co-ordinate
among themselves the policies pursued at national level which may
have a significant impact on the achievement of the objectives
referred to in Article 129b. The Commission may, in close co-operation
with the Member States, take any useful initiative to promote such co-
ordination.
3. The Community may decide to co-operate with third countries to
promote projects of mutual interest and to ensure the inter-operability
of networks.
ARTICLE 129d
The guidelines referred to in Article 129c(1) shall be adopted by the
Council, acting in accordance with the procedure referred to in Article
189b and after consulting the Economic and Social Committee and the
Committee of the Regions.
Guidelines and projects of common interest which relate to the
territory of a Member State shall require the approval of the Member
State concerned.
The Council, acting in accordance with the procedure referred to in
Article 189c and after consulting the Economic and Social Committee
and the Committee of the Regions, shall adopt the other measures
provided for in Article 129c(1).
TITLE XIII
Industry
ARTICLE 130
1. The Community and the Member States shall ensure that the
conditions necessary for the competitiveness of the Community's
industry exist.
For that purpose, in accordance with a system of open and competitive
markets, their action shall be aimed at:
- speeding up the adjustment of industry to structural changes;
- encouraging an environment favourable to initiative and to the
development of undertakings throughout the Community, particularly
small and medium-sized undertakings;
- encouraging an environment favourable to co-operation between
undertakings;
- fostering better exploitation of the industrial potential of policies of
innovation, research and technological development.
2. The Member States shall consult each other in liaison with the
Commission and, where necessary, shall co-ordinate their action. The
Commission may undertake any useful initiative to promote such co-
ordination.
3. The Community shall contribute to the achievement of the
objectives set out in paragraph 1 through the policies and activities it
pursues under other provisions of this Treaty. The Council, acting
unanimously on a proposal from the Commission, after consulting the
European Parliament and the Economic and Social Committee, may
decide on specific measures in support of action taken in the Member
States to achieve the objectives set out in paragraph 1.
This Title shall not provide a basis for the introduction by the
Community of any measure which could lead to a distortion of
competition.
TITLE XIV
Economic and social cohesion
ARTICLE 130a
In order to promote its overall harmonious development, the
Community shall develop and pursue its actions in leading to the
strengthening of its economic and social cohesion.
In particular, the Community shall aim at reducing the disparities
between the levels of development of the various regions and the
backwardness of the least-favoured regions, including rural areas.
ARTICLE 130b
Member States shall conduct their economic policies and shall co-
ordinate them is such a way as, in addition, to attain the objectives set
out in Article 130a. The formulation and implementation of the
Community's policies and actions and the implementation of the
internal market shall take into account the objectives set out in Article
130a and shall contribute to their achievement. The Community shall
also support the achievement of these objectives by the action it takes
through the Structural Funds (European Agricultural Guidance and
Guarantee Fund, Guidance Section; European Social Fund; European
Regional Development Fund), the European Investment Bank and
other existing financial instruments.
The Commission shall submit a report to the European Parliament, the
Council, the Economic and Social Committee and the Committee of the
Regions every three years on the progress made towards achieving
economic and social cohesion and on the manner in which the various
means provided for in this Article have contributed to it. This report
shall, if necessary, be accompanied by appropriate proposals.
If specific actions prove necessary outside the Funds and without
prejudice to the measures decided upon within the framework of the
other Community policies, such actions may be adopted by the
Council acting unanimously on a proposal from the Commission and
after consulting the European Parliament, the Economic and Social
Committee and the Committee of the Regions.
ARTICLE 130c
The European Regional Development Fund is intended to help redress
the main regional imbalances in the Community through participation
in the development and structural adjustments of regions whose
development is lagging behind and in the conversion of declining
industrial regions.
ARTICLE 130d
Without prejudice to Article 130e, the Council, acting unanimously on a
proposal from the Commission and after obtaining the assent of the
European Parliament and consulting the Economic and Social
Committee and the Committee of the Regions, shall define the tasks,
priority objectives and the organization of the Structural Funds, which
may involve grouping the Funds. The Council, acting by the same
procedure, shall also define the general rules applicable to them and
the provisions necessary to ensure their effectiveness and the co-
ordination of the Funds with one another and with the other existing
financial instruments.
The Council, acting in accordance with the same procedure, shall
before 31 December 1993 set up a Cohesion Fund to provide a
financial contribution to projects in the fields of environment and trans-
European networks in the area of transport infrastructure.
ARTICLE 130e
Implementing decisions relating to the European Regional
Development Fund shall be taken by the Council, acting in accordance
with the procedure referred to in Article 189c and after consulting the
Economic and Social Committee and the Committee of the Regions.
With regard to the European Agricultural Guidance and Guarantee
Fund - Guidance Section, and the European Social Fund, articles 43
and 125 respectively shall continue to apply.
TITLE XV
Research and technological development
ARTICLE 130f
1. The Community shall have the objective of strengthening the
scientific and technological bases of Community industry and
encouraging it to become more competitive at international level, while
promoting all the research activities deemed necessary by virtue of
other Chapters of this Treaty.
2. For this purpose the Community shall, throughout the Community,
encourage undertakings, including small and medium-sized
undertakings, research centres and universities in their research and
technological development activities of high quality; it shall support
their efforts to co-operate with one another, aiming, notably, at
enabling undertakings to exploit the internal market potential to the
full, in particular through the opening up of national public contracts,
the definition of common standards and the removal of legal and fiscal
obstacles to that co-operation.
3. All community activities under this Treaty in the area of research
and technological development, including demonstration projects,
shall be decided on and implemented in accordance with the
provisions of this Title.
ARTICLE 130g
In pursuing these objectives, the Community shall carry out the
following activities, complementing the objectives complementing the
activities carried out in the Member States:
(a) implementation of research, technological development and
demonstration programmes, by promoting co-operation with and
between undertakings, research centres and universities;
(b) promotion of co-operation in the field of Community research,
technological development and demonstration with third countries and
international organizations;
(c) dissemination and optimization of the results of activities in
Community research, technological development and demonstration;
(d) stimulation of the training and mobility of researchers in the
Community.
ARTICLE 130h
1. The Community and the Member States shall co-ordinate their
research and technological development activities so as to ensure
that national policies and Community policy are mutually consistent.
2. In close co-operation with the Member States, the Commission may
take any useful initiative to promote the co-ordination referred to in
paragraph 1.
ARTICLE 130i
1. A multiannual framework programme, setting out all activities of the
Community, shall be adopted by the Council, acting in accordance with
the procedure referred to in Article 189b after consulting the Economic
and Social Committee. The Council shall act unanimously throughout
the procedures referred to in Article 189b.
The framework programme shall:
- establish the scientific and technological objectives to be achieved
by the activities provided for in Article 130g and fix the relevant
priorities;
- indicate the broad lines of such activities;
- fix the maximum overall amount and the detailed rules for
Community financial participation in the framework programme and the
respective shares in each of the activities provided for.
2. The framework programme shall be adapted or supplemented as the
situation changes.
3. The framework programme shall be implemented through specific
programmes developed within each activity. Each specific programme
shall define the detailed rules for implementing it, fix its duration and
provide for the means deemed necessary. The sum of the amounts
deemed necessary, fixed in the specific programmes, may not exceed
the overall maximum amount fixed for the framework programme and
each activity.
4. The Council, acting by a qualified majority on a proposal from the
Commission and after consulting the European Parliament and the
Economic and Social Committee, shall adopt the specific programmes.
ARTICLE 130j
For the implementation of the multiannual framework programme the
Council shall:
- determine the rules for the participation of undertakings, research
centres and universities;
- lay down the rules governing the dissemination of research results.
ARTICLE 130k
In implementing the multiannual framework programmes,
supplementary programmes may be decided on involving the
participation of certain Member States only, which shall finance them
subject to possible Community participation.
The Council shall adopt the rules applicable to supplementary
programmes, particularly as regards the dissemination of knowledge
and access by other Member States.
ARTICLE 130l
In implementing the multiannual framework programme the Community
may make provision, in agreement with the Member States concerned,
for participation in research and development programmes undertaken
by several Member States, including participation in the structures
created for the execution of those programmes.
ARTICLE 130m
In implementing the multiannual framework programme the Community
may make provision for co-operation in Community research,
technological development and demonstration with third countries or
international organizations.
The detailed arrangements for such co-operation may be the subject of
agreements between the Community and the third parties concerned,
which shall be negotiated and concluded in accordance with Article
228.
ARTICLE 130n
The Community may set up joint undertakings or any other structure
necessary for the efficient execution of Community research,
technological development and demonstration programmes.
ARTICLE 130o
The Council, acting unanimously on a proposal from the Commission
and after consulting the European Parliament and the Economic and
Social Committee, shall adopt the provisions referred to in Article
130n.
The Council, acting in accordance with the procedure referred to in
Article 189c and after consulting the Economic and Social Committee,
shall adopt the provisions referred to in Articles 130j to l. Adoption of
the supplementary programmes shall require the agreement of the
Member States concerned.
ARTICLE 130p
At the beginning of each year the Commission shall send a report to
the European Parliament and the Council. The report shall include
information on research and technological development activities and
the dissemination of results during the previous year, and the work
programme for the current year.
TITLE XVI
Environment
ARTICLE 130r
1. Community policy on the environment shall contribute to pursuit of
the following objectives:
- preserving, protecting and improving the quality of the environment;
- protecting human health;
- prudent and rational utilization of natural resources;
- promoting measures at international level to deal with regional or
worldwide environmental problems.
2. Community policy on the environment shall aim at a high level of
protection taking into account the diversity of situations in the various
regions of the Community. It shall be based on the precautionary
principle and on the principles that preventative action should be
taken, that environmental damage should as a priority be rectified at
source and that the polluter should pay. Environmental protection
requirements must be integrated into the definition and
implementation of other Community policies.
In this context, harmonization measures answering these
requirements shall include, where appropriate, a safeguard clause
allowing Member States to take provisional measures, for non-
economic environmental reasons, subject to a Community inspection
procedure.
3. In preparing its policy on the environment, the Community shall take
account of:
- available scientific and technical data;
- environmental conditions in the various regions of the Community;
- the potential benefits and costs of action or lack of action;
- the economic and social development of the Community as a whole
and the balanced development of its regions.
4. Within their respective spheres of competence, the Community and
the Member States shall co-operate with third countries and with the
competent international organizations. The arrangements for
Community co-operation may be the subject of agreements between
the Community and the third parties concerned, which shall be
negotiated and concluded in accordance with Article 228.
The previous subparagraph shall be without prejudice to Member
States' competence to negotiate in international bodies and to
conclude international agreements.
ARTICLE 130s
1. The Council, acting in accordance with the procedure referred to in
Article 189c and after consulting the Economic and Social Committee,
shall decide what action is to be taken by the Community in order to
achieve the objective referred to in Article 130r.
2. By way of derogation from the decision-making procedure provided
for in paragraph 1 and without prejudice to Article 100a, the Council,
acting unanimously on a proposal from the Commission and after
consulting the European Parliament and the Economic and Social
Committee, shall adopt:
- provisions primarily of a fiscal nature;
- measures concerning town and country planning, land use with the
exception of waste management and measures of a general nature,
and management of water resources;
- measures significantly affecting a Member State's choice between
different energy sources and the general structure of its energy
supply.
The Council may, under the conditions laid down in the preceding
subparagraph,define those matters referred to in this paragraph on
which decisions are to be taken by a qualified majority.
3. In other areas, general action programmes setting out priority
objectives to be attained shall be adopted by the Council, acting in
accordance with the procedure referred to in Article 189b and after
consulting the Economic and Social Committee.
The Council, acting under the terms of paragraph 1 or paragraph 2
according to the case, shall adopt the measures necessary for the
implementation of these programmes.
4. Without prejudice to certain measures of a Community nature, the
Member States shall finance and implement the environment policy.
5. Without prejudice to the principle that the polluter should pay, if a
measure based on the provisions of paragraph 1 involves costs
deemed disproportionate for the public authorities of a Member State,
the Council shall, in the act adopting that measure, lay down
appropriate provisions in the form of:
- temporary derogations and/or
- financial support from the Cohesion Fund to be set up no later than
31 December 1993 pursuant to Article 130d.
ARTICLE 130t
The protective measures adopted pursuant to Article 130s shall not
prevent any Member State from maintaining or introducing more
stringent protective measures. Such measures must be compatible
with this Treaty. They shall be notified to the Commission.
TITLE XVII
Development co-operation
ARTICLE 130u
1. Community policy in the sphere of development co-operation, which
shall be complementary to the policies pursued by the Member States,
shall foster:
- the sustainable economic and social development of the developing
countries, and more particularly the most disadvantaged among them;
- the smooth and gradual integration of the developing countries into
the world economy;
- the campaign against poverty in the developing countries.
2. Community policy in this area shall contribute to the general
objective of developing and consolidating democracy and the rule of
law, and to that of respecting human rights and fundamental freedoms.
3. The Community and the Member State shall comply with the
commitments and take account of the objectives they have approved
in the context of the United Nations and other competent international
organizations.
ARTICLE 130v
The Community shall take account of the objectives referred to in
Article 130u in the policies that it implements which are likely to affect
developing countries.
ARTICLE 130w
1.. Without prejudice to the other provisions in this Treaty the Council,
acting in accordance with the procedure referred to in Article 189c,
shall adopt the measures necessary to further the objectives referred
to in Article 130u. Such measures may take the form of multiannual
programmes.
2. The European Investment Bank shall contribute, under the terms
laid down in its Statute, to the implementation of the measures
referred to in paragraph 1.
3. The provisions of this Article shall not affect co-operation with the
African, Caribbean and Pacific countries in the framework of the ACP-
EEC Convention.
ARTICLE 130x
1. The Community and the Member States shall co-ordinate their
policies on development co-operation and shall consult each other on
their aid programmes, including in international organizations and
during international conferences. They may undertake joint action.
Member States shall contribute if necessary to the implementation of
Community aid programmes.
2. The Commission may take any useful initiative to promote the co-
ordination referred to in paragraph 1.
ARTICLE 130y
Within their respective spheres of competence, the Community and
the Member States shall co-operate with third countries and with the
competent international organizations. The arrangements for
Community co-operation may be the subject of arrangements between
the Community and the third parties concerned, which shall be
negotiated and concluded in accordance with Article 228.
The previous paragraph shall be without prejudice to Members States'
competence to negotiate in international bodies and to conclude
international agreements."
E. In Part Five "Institutions of the Community"
39) Article 137 shall be replaced by the following:
"ARTICLE 137
The European Parliament, which shall consist of representatives of the
peoples of the States brought together in the Community, shall
exercise the powers conferred upon it by this Treaty."
40) Paragraph 3 of Article 138 shall be replaced by the following:
"3. The European Parliament shall draw up proposals for elections by
direct universal suffrage in accordance 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 provision, which it shall
recommend to Member States for adoption in accordance with their
respective constitutional requirements."
41) The following Article shall be inserted:
"ARTICLE 138a
Political parties at European level are important as a factor for
integration within the Union. They contribute to forming a European
awareness and to expressing the political will of the citizens of the
Union.
ARTICLE 138b
In so far as provided in this Treaty, the European Parliament shall
participate in the process leading up to the adoption of Community
acts by exercising its powers under the procedures laid down in
Articles 189b and 189c and by giving its assent or delivering advisory
opinions.
The European Parliament may, acting by a majority of its members,
request the Commission to submit any appropriate proposal on
matters on which it considers that a Community act is required for the
purpose of implementing this Treaty.
ARTICLE 138c
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 138d
Any citizen of the Union, and any natural or legal person residing or
having his 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 138e
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, which shall have a period of three months in
which to inform him of its views. The Ombudsman shall then forward a
report to the European Parliament and 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 at the request of the European Parliament if he no longer
fulfils the conditions required for the performance of this 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
seek nor take instructions from 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 Ombudsman's duties."
42) The second subparagraph of Article 144 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 which the term of
office of the members of the Commission obliged to resign as a body
would have expired."
43) The following Article shall be inserted:
"ARTICLE 146
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.
44) The following Article shall be inserted:
"ARTICLE 147
The Council shall meet when convened by its President on his
initiative or at the request of one of its members or of the
Commission."
45) Article 149 shall be repealed.
46) The following Article shall be inserted:
"ARTICLE 151
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."
47) The following Article shall be inserted:
"ARTICLE 154
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."
48) The following Articles shall be inserted:
"ARTICLE 156
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 157
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 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 of 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 events 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 160 or deprived of his rights to a pension or
benefits in its stead.
ARTICLE 158
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 144.
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 the 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 the 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 159
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 158(2) shall be applicable for the
replacement of the President.
Save in the case of compulsory retirement under Article 160, members
of the Commission shall remain in office until they have been
replaced.
ARTICLE 160
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 application by the
Council or the Commission, compulsorily retire him.
ARTICLE 161
The Commission may appoint a Vice-President or two Vice-Presidents
from among its members.
ARTICLE 162
1. The Council and the Commission shall consult each other and shall
settle by common accord their methods of co-operation.
2. 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 this Treaty. It shall ensure that these rules are
published.
ARTICLE 163
The Commission shall act by a majority of the number of members
provided for in Article 157.
A meeting of the Commission shall be valid only if the number of
members laid down in its rules of procedure is present."
49) Article 165 shall be replaced by the following:
"ARTICLE 165
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 of five judges, either to undertake
certain preparatory inquiries or to adjudicate on particular categories
of cases in accordance with 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 necessary
adjustments to the second and third paragraphs of this Article and to
the second of Article 167."
50) Article 168a shall be replaced by the following:
"ARTICLE 168a
1. The 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 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 177.
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 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 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."
51) Article 171 shall be replaced by the following:
"ARTICLE 171
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 on 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 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 170."
52) Article 172 shall be replaced by the following:
"ARTICLE 172
Regulations adopted jointly by the European Parliament and the
Council, and by the Council, pursuant to the provisions of this Treaty,
may give the Court of Justice unlimited jurisdiction with regard to the
penalties provided for in such regulations."
53) Article 173 shall be replaced by the following:
"ARTICLE 173
The Court of Justice shall review the legality of acts adopted jointly by
the European Parliament and the Council, of acts of the Council, of the
Commission and of the ECB, 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 an essential procedural requirement,
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 and by the ECB for the purpose of
protecting their 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."
54) Article 175 shall be replaced by the following:
"ARTICLE 175
Should the European Parliament, the Council or the Commission, in
infringement of this Treaty, fail to act, The Member States and the
other institutions of the Community may bring an action before the
Court of Justice to have the infringement established.
The action shall be admissible only if the institution concerned has
first been called upon to act. If, within two months of being so called
upon, the institution concerned has not defined its position, the action
may be brought within a further period of two months.
Any natural or legal person may, under the conditions laid down in the
preceding paragraphs, complain to the Court of Justice that an
institution of the Community has failed to address to that person any
act other than a recommendation or an opinion.
The Court of Justice shall have jurisdiction, under the same
conditions, in actions or proceedings brought by the ECB in the areas
falling within the latter's field of competence and in actions or
proceedings brought against the latter."
55) Article 176 shall be replaced by the following:
"ARTICLE 176
The institution or institutions whose act has been declared void or
whose failure to act has been declared contrary to this Treaty shall be
required to take the necessary measures to comply with the judgment
of the Court of Justice.
This obligation shall not affect any obligation which may result from
the application of the second paragraph of Article 215.
This Article shall also apply to the ECB."
56) Article 177 shall be replaced by the following:
"ARTICLE 177
The Court of Justice shall have jurisdiction to give preliminary rulings
concerning:
(a) the interpretation of the Treaty;
(b) the validity and interpretation of acts of the institutions of the
Community and of the ECB;
(c) the interpretation of the statutes of bodies established by an act of
the Council, where those statutes so provide.
Where such a question is raised before any court or tribunal of a
Member State, that Court of tribunal may, 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.
Where any such question is raised in a case pending before a court or
tribunal of a Member State against whose decisions there is no
judicial remedy under national law, the court or tribunal shall bring the
matter before the Court of Justice."
57) Article 180 shall be replaced by the following:
"ARTICLE 180
The Court of Justice shall, within the limits hereinafter laid down, have
jurisdiction in disputes concerning:
(a) the fulfillment by Member States of obligations under the Statute of
the European Investment Bank. In this connection, the Board of
Directors of the Bank shall enjoy the powers conferred upon the
Commission by Article 169;
(b) measures adopted by the Board of Governors of the European
Investment Bank. In this connection, any Member State, the
Commission of the Board of Directors of the Bank may institute
proceedings under the conditions laid down in Article 173;
(c) measures adopted by the Board of Directors of the European
Investment Bank. Proceedings against such measures may be
instituted only by Member States or by the Commission, under the
conditions laid down in Article 173, and solely on the grounds of non-
compliance with the procedure provided for in Article 21(2), (5), (6) and
(7) of the Statute of the Bank;
(d) the fulfillment by the national central banks of obligations under
this Treaty and the Statute of the ESCB. In this connection the powers
of the Council of the ECB in respect of national central banks shall be
the same as those conferred upon the commission in respect of
Member States by Article 169. If the Court of Justice finds that a
national central bank has failed to fulfill an obligation under this
Treaty, that bank shall be required to take the necessary measures to
comply with the judgment of the Court of Justice."
58) Article 184 shall be replaced by the following:
"ARTICLE 184
Notwithstanding the expiry of the period laid down in the fifth
paragraph of Article 173, any party may, in proceedings in which a
regulation adopted jointly by the European Parliament and the Council,
or a regulation of the Council, of the Commission, or of the ECB is at
issue, plead the grounds specified in the second paragraph of Article
173 in order to invoke before the Court of Justice the inapplicability of
that regulation."
59) The following section shall be inserted:
"SECTION 5
THE COURT OF AUDITORS
ARTICLE 188a
The Court of Auditors shall carry out the audit.
ARTICLE 188b
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 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.
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 conditions 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 188c
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 in
so far 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 arrangement has been sound.
The audit of revenue shall be carried out on the basis both 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 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
departments, shall forward to the Court of Auditors, at its request, any
document or information necessary to carry out 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."
60) Article 189 shall be replace by the following:
"ARTICLE 189
In order to carry out their task and in accordance with the provisions of
the Treaty, the European Parliament acting jointly with the Council, the
Council and the Commission shall make regulations and issue
directives, take decision, make recommendations or deliver opinions.
A regulation shall have general application. It shall be binding in its
entirety and directly applicable in all Member States.
A directive shall be binding, as to the result to be achieved, upon each
Member State to which it is addressed, but shall leave to the national
authorities the choice of form and methods.
A decision shall be binding in its entirety upon those to whom it is
addressed.
Recommendations and opinions shall have no binding force."
61) The following Articles shall be inserted:
"ARTICLE 189a
1. Where, in pursuance of the Treaty, the Council acts on a proposal
from the Commission, unanimity shall be required for an act
constituting an amendment to that proposal, subject to Article 189b(4)
and (5).
2. As long as the Council has not acted, the Commission may alter its
proposal at any time during the procedures leading to the adoption of
a Community act.
ARTICLE 189b
1. Where reference is made in the Treaty to this Article for the adoption
of an act, the following procedures shall apply.
2. The Commission shall submit a proposal to the European
Parliament and the Council.
The Council, acting by a qualified majority after obtaining the opinion
of the European Parliament, shall adopt a common position. The
common position shall be communicated to the European Parliament.
The Council shall inform the European Parliament fully of the reasons
which led it to adopt its common position. The Commission shall
inform the European Parliament fully of its position.
If, within three months of such communication, the European
Parliament:
(a) approves the common position, the Council shall definitively adopt
the act in question in accordance with that common position;
(b) has not taken a decision, the Council shall adopt the act in question
in accordance with its common position;
(c) indicates, by an absolute majority of its component members, that
it intends to reject the common position, it shall immediately inform
the Council. The Council may convene a meeting of the Conciliation
Committee referred to in paragraph 4 to explain further its position.
The European parliament shall thereafter either confirm, by an
absolute majority of its component members, its rejection of the
common position, in which event the proposed act shall be deemed
not to have been adopted, or propose amendments in accordance with
subparagraph (d) of this paragraph;
(d) proposes amendments to the common position by an absolute
majority of its component members, the amended text shall be
forwarded to the Council and to the Commission which shall deliver an
opinion on those amendments.
3. If, within three months of the matter being referred to it, the Council
action by a qualified majority, approves all the amendments of the
European parliament, it shall amend its common position accordingly
and adopt the act in question; however, the Council shall act
unanimously on the amendments on which the Commission has
delivered a negative opinion. If the Council does not approve the act in
question, the President of the Council, in agreement with the President
of the European Parliament, shall forthwith convene a meeting of the
Conciliation Committee.
4. The Conciliation Committee, which shall be composed of the
members of the Council or their representatives and an equal number
of representative of the European Parliament, shall have the task of
reaching agreement on a joint text, by a qualified majority of the
members of the Council or their representatives and by a majority of
the representatives of the European Parliament. The Commission
shall take part in the Conciliation Committee's proceedings and shall
take all the necessary initiatives with a view to reconciling the
positions of the European Parliament and the Council.
5. If within six weeks of its being convened, the Conciliation
Committee approves a joint text, the European Parliament, acting by
an absolute majority of the votes cast, and the Council, acting by a
qualified majority, shall have a period of six weeks from that approval
in which to adopt the act in question in accordance with the joint text. If
one of the two institutions fails to approve the proposed act, it shall be
deemed not to have been adopted.
6. Where the Conciliation Committee does not approve a joint text, the
proposed act shall be deemed not to have been adopted unless the
Council, acting by a qualified majority within six weeks of expiry of the
period granted to the Conciliation Committee, confirms the common
position to which it agreed before the conciliation procedure was
initiated, possibly with the amendments proposed by the European
Parliament. In this case, the act in question shall be finally adopted
unless the European parliament, within six weeks of the date of
confirmation by the Council, rejects the text by an absolute majority of
its component members, in which case the proposed act shall be
deemed not to have been adopted.
7. The periods of three months and six weeks referred to in this Article
may be extended by a maximum of one month and two weeks
respectively by common accord of the European Parliament and the
Council. The period of three months referred to in paragraph 2 shall be
automatically extended by two months where paragraph 2(c) applies.
8. The scope of the procedure under this Article may be widened, in
accordance with the procedure provided for in Article N(2) of the Treaty
on European Union, on the basis of a report to be submitted to the
Council by the Commission by 1996 at the latest.
ARTICLE 189c
Where reference is made in this Treaty to this Article for the adoption
of an act, the following procedure shall apply:
(a) The Council, acting by a qualified majority on a proposal from the
Commission and after obtaining the opinion of the European
Parliament, shall adopt a common position.
(b) The Council's common position shall be communicated to the
European Parliament. The Council and the Commission shall inform
the European Parliament fully of the reasons which led the Council to
adopt its common position and also of the Commission's position.
If, within three months of such communication, the European
Parliament approves this common position or has not taken a decision
within that period, the Council shall definitively adopt the act in
question in accordance with the common position.
(c) The European Parliament may, within the period of three months
referred to in point (b), by an absolute majority of its component
members, propose amendments to the Council's common position.
The European Parliament may also, by the same majority, reject the
Council's common position. The result of the proceedings shall be
transmitted to the Council and the Commission.
If the European Parliament has rejected the Council's common
position, unanimity shall be required for the Council to act on a second
reading.
(d) The Commission shall, within a period of one month, re-examine
the proposal on the basis of which the Council adopted its common
position, by taking into account the amendments proposed by the
European Parliament.
The Commission shall forward to the Council, at the same time as its
re-examined proposal, the amendments of the European Parliament
which it has not accepted, and shall express its opinion on them. The
Council may adopt these amendments unanimously.
(e) The Council, acting by a qualified majority, shall adopt the proposal
as re-examined by the Commission.
Unanimity shall be required for the Council to amend the proposal as
re-examined by the Commission.
(f) In the cases referred to in points (c),(d) and (e), the Council shall be
required to act within a period of three months. If no decision is taken
within this period, the commission proposal shall be deemed not to
have been adopted.
(g) The periods referred to in points (b) and (f) may be extended by a
maximum of one month by common accord between the Council and
the European Parliament."
62) Article 190 shall be replaced by the following:
"ARTICLE 190
Regulations, directives and decisions adopted jointly by the European
Parliament and the Council, and such acts adopted by the Council or
the Commission, shall state the reasons on which they are based and
shall refer to any proposals or opinions which were required to be
obtained pursuant to this Treaty."
63) Article 191 shall be replaced by the following:
"ARTICLE 191
1. Regulations, directives and decisions adopted in accordance with
the procedures referred to in Article 189b shall be signed by the
President of the European Parliament and by the President of the
Council and published in the Official Journal of the Community. They
shall enter into force on the date specified in them or, in the absence
thereof, on the twentieth day following that of their publication.
2. Regulations of the Council and of the Commission, as well as
directives of those institutions which are address to all Member
States, shall be published in the Official Journal of the Community.
They shall enter into force on the date specified in them or, in the
absence thereof, on the twentieth day following that of their
publication.
3. Other directives, and decisions, shall be notified to those whom
they are address and shall take effect upon such notification."
64) Article 194 shall be replaced by the following:
"ARTICLE 194
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 appointments 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 a qualified majority, shall determine the
allowances of members of the Committee."
65) Article 196 shall be replaced by the following:
"ARTICLE 196
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."
66) Article 198 shall be replaced by the following:
"ARTICLE 198
The Committee must be consulted by the Council of 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.
67) The following Chapter shall be inserted:

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