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Procedure : 2022/2051(INL)
Document stages in plenary
Document selected : A9-0337/2023

Texts tabled :

A9-0337/2023

Debates :

PV 21/11/2023 - 13
CRE 21/11/2023 - 13

Votes :

PV 22/11/2023 - 8.16
Explanations of votes

Texts adopted :

P9_TA(2023)0427

Texts adopted
PDF 355kWORD 152k
Wednesday, 22 November 2023 - Strasbourg
Proposals of the European Parliament for the amendment of the Treaties
P9_TA(2023)0427A9-0337/2023
Resolution
 Annex

European Parliament resolution of 22 November 2023 on proposals of the European Parliament for the amendment of the Treaties (2022/2051(INL))

The European Parliament,

–  having regard to Article 48 of the Treaty on European Union,

–  having regard to the Manifesto of Ventotene(1),

–  having regard to the Schuman declaration of 9 May 1950(2),

–  having regard to its resolution of 9 June 2022 on the call for a Convention for the revision of the Treaties(3),

–  having regard to Rules 46, 54 and 85(1) of its Rules of Procedure,

–  having regard to the opinions of the Committee on Foreign Affairs, the Committee on Budgets, the Committee on Economic and Monetary Affairs, the Committee on Agriculture and Rural Development, the Committee on Culture and Education and the Committee on Civil Liberties, Justice and Home Affairs,

–  having regard to the position in the form of amendments of the Committee on Women’s Rights and Gender Equality,

–  having regard to the letters of the Committee on Budgetary Control, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety and the Committee on Industry, Research and Energy,

–  having regard to the report of the Committee on Constitutional Affairs (A9-0337/2023),

A.  whereas the current version of the Treaties entered into force on 1 December 2009 and since then the European Union has faced unprecedented challenges and multiple crises, in particular Russia’s war of aggression against Ukraine;

B.  whereas amending the Treaties is necessary, not as an end in itself, but in the interest of all Union citizens, as these amendments aim to reshape the Union in a way that will enhance its capacity to act, as well as its democratic legitimacy and accountability;

C.  whereas amending the Treaties should enable the Union to more effectively tackle geopolitical challenges;

D.  whereas the Union’s institutional framework, and in particular its decision making process, especially that in the Council, is barely adequate for a Union of 27 Member States; whereas the prospect of future enlargements makes a reform of the Treaties inevitable;

E.  whereas on 9 May 2022 the Conference on the Future of Europe finished its work and presented its conclusions; whereas those conclusions contain 49 proposals and 326 measures, many of which are only possible to implement if there are changes to the Treaties;

1.  Reiterates its call for the amendment of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU); calls on the Council to immediately and without deliberation submit the proposals set out in this resolution and reflected in the Annex hereto to the European Council; calls on the European Council to convene a Convention in accordance with the ordinary revision procedure provided for in Article 48(2) to (5) TEU as soon as possible;

2.  Notes that several countries of the Western Balkans are in various stages of accession negotiations; welcomes the granting of candidate status to Ukraine and Moldova on 23 June 2022;

Institutional Reforms

3.  Highlights the importance of reforming decision-making in the Union to more accurately reflect a bicameral system by further empowering the European Parliament;

4.  Demands the strengthening of the Union’s capacity to act by considerably increasing the number of areas where actions are decided by qualified majority voting (QMV) and through the ordinary legislative procedure (OLP);

5.  Calls for Parliament to gain the right of initiative for legislation, in particular the right to introduce, amend, or repeal Union law, and to become a co-legislator for the adoption of the multiannual financial framework;

6.  Calls for the reversal of the roles of Council and Parliament in the nomination and confirmation of the President of the Commission to more accurately reflect the results of European elections; proposes to enable the Commission President to choose its members based on political preferences, whilst ensuring geographic and demographic balance; calls for the renaming of the European Commission as the European Executive;

7.  Proposes to fix the size of the Executive to no more than 15 members whereby members are chosen from among the nationals of the Member States on the basis of a system of strictly equal rotation as already provided for in the current Treaties while undersecretaries are appointed among nationals of those Member States that have no national represented in the College;

8.  Proposes to increase the transparency of the Council of the European Union by requiring it to publish those of its positions which form part of the normal legislative process, and to organise a public debate on the Council’s positions; proposes the creation of a legal basis empowering the co-legislators to strengthen the transparency and integrity of their decision-making;

9.  Calls for the Convention to discuss, in addition to the proposals set out in this resolution, and reflected in the Annex hereto, the division of subjects between the TEU and the TFEU to address the difficulty of amending Union law; calls for the Convention to examine in which policy areas Union structures could increase the effectiveness of the Union;

10.  Proposes that the composition of the European Parliament become Parliament’s competence subject to the Council’s consent;

11.  Proposes to strengthen the role of social partners in the preparation of any initiatives in the areas of social, employment and economic policy;

12.  Calls for the strengthening of instruments for citizens’ participation in the EU decision-making process within the framework of representative democracy;

Competences

13.  Proposes to establish exclusive Union competence for the environment and biodiversity as well as negotiations on climate change;

14.  Proposes to establish shared competences on public health matters and the protection and improvement of human health, especially cross-border health threats, civil protection, industry, and education especially when transnational issues such as mutual recognition of degrees, grades, competences and qualifications are concerned;

15.  Proposes to further develop Union shared competences in the areas of energy, foreign affairs, external security and defence, external border policy in the area of freedom, security and justice, and cross-border infrastructure;

Subsidiarity

16.  Proposes that the subsidiarity review by the Court of Justice of the European Union be strengthened; calls for the opinion of regional parliaments with legislative powers to be taken into account in the reasoned opinions on legislative drafts of national parliaments; proposes to extend the deadline for “yellow card” procedures to 12 weeks;

17.  Proposes that a “green card mechanism” for legislative proposals by national or regional parliaments with legislative powers be introduced in order to make Union law more responsive to local needs;

Rule of Law

18.  Proposes to strengthen and reform the procedure in Article 7 TEU with regard to the protection of the rule of law by ending unanimity, introducing a clear timeframe, and by making the Court of Justice the arbiter of violations;

19.  Suggests providing for jurisdiction for inter-institutional disputes at the Court of Justice of the European Union;

20.  Suggests a pre-emptive review of norms at the Court of Justice of the European Union (‘abstract review of norms’), designed as a minority right in Parliament; suggests furthermore to empower Parliament to bring cases of non-compliance with the Treaties before the Court of Justice of the European Union;

Foreign, Security and Defence Policy

21.  Reiterates its call for decisions on sanctions, interim steps in the enlargement process and other foreign policy decisions to be taken by QMV; underlines that the proposals provide for an exception to this principle for decisions authorising military missions or operations with executive mandate;

22.  Calls for the establishment of a defence union including military units, a permanent rapid deployment capacity, under the operational command of the Union; proposes that joint procurement and the development of armaments be financed by the Union through a dedicated budget under parliamentary co-decision and scrutiny and proposes that the competences of the European Defence Agency be adjusted accordingly; notes that clauses with regard to national traditions of neutrality and North Atlantic Treaty Organisation (NATO) membership would not be affected by these changes;

23.  Proposes that the Convention examine ways to prevent tax havens from distorting competition in the single market;

Single Market, Economy & Budget

24.  Calls for measures to ensure that Member States invest in achieving the European economic, social, and environmental and security objectives; proposes for Article 122 TFEU to be deleted and replaced by a reworded emergency clause that provides for full parliamentary scrutiny in Article 222 TFEU;

25.  Insists that the four freedoms of the internal market must be applied equally by all Member States and the institutions of the Union;

Social Policies and Labour Market

26.  Reiterates its call for a social progress protocol to be annexed to the Treaties;

Education

27.  Calls for the Union to develop common objectives and standards for an education that promotes democratic values and the rule of law, as well as digital and economic literacy; calls further for the Union to promote cooperation and coherence between educational establishments systems while guaranteeing the cultural traditions and regional diversity;

28.  Calls for the Union to develop common standards on vocational training to increase the mobility of workers; proposes that the Union aim to protect and promote access to free and universal schooling, institutional and individual academic freedom, and human rights, as defined in the Charter of Fundamental Rights of the European Union;

Trade and investment

29.  Suggests that the promotion of democratic values, good governance, human rights and sustainability as well as foreign investment, investment protection and economic security be included in the scope of the common commercial policy; proposes that the European Parliament and the Council, upon a recommendation from the Commission, open trade negotiations; proposes to establish a permanent mechanism for the screening of foreign direct investment;

Non-Discrimination

30.  Proposes to expand non-discrimination protections to gender, social origin, language, political opinion and membership of a national minority and to introduce OLP for non-discrimination legislation; proposes to replace ‘the equality of men and women’ by ‘gender equality’ throughout the Treaties; underlines that the Union’s institutions and their governing and consultative bodies must be composed in a non-discriminatory manner and reflect gender equality and diversity of society;

31.  Calls for additional protections for national minorities and for regional and minority languages in the Union to be included in the Treaties;

Climate and Environment

32.  Proposes that the reduction of global warming and safeguarding biodiversity be included as aims of the Union; suggests adding climate and biodiversity protection to the Union’s sustainable development goals; suggests including sustainability in the Treaty provisions on fisheries; calls for the Union to protect the natural foundations of life and animals, in line with the One Health approach, as well as to take account of the risk of crossing planetary boundaries; calls for international obligations of the Union to pursue efforts to limit the global temperature increase to be incorporated into the Treaties;

Energy Policy

33.  Calls for the creation of an integrated European energy union; suggests that the Union’s energy system must be affordable and based on energy efficiency, renewable energies and in conformity with international agreements to mitigate climate change;

Area of Freedom, Justice and Security

34.  Proposes that Europol receive additional competences subject to parliamentary scrutiny; suggests that gender-based violence and environmental crime be added as areas of crime that meet the criteria of Article 83(1) TFEU (Union crimes); calls for the functioning of the European Public Prosecutor’s Office to be governed by the OLP;

Migration

35.  Calls for common standards for long-term visas and residency permits to prevent the sale and abuse of citizenship and residency;

36.  Proposes that the Union’s common immigration policy be strengthened by taking appropriate and necessary measures to ensure the efficient monitoring, securing and effective control of the Union's external borders and for the Union’s migration policy to take into account the economic and social stability of Member States, the ability to meet labour demands of the single market, as well as the efficient management of migration, taking into account the fair treatment of third country nationals;

Health

37.  Suggests that the Union set common indicators for healthcare systems; proposes that the Union take measures for the early notification, monitoring and control of serious cross-border threats to health, in particular in the event of pandemics, without preventing Member States from maintaining or adopting reinforced protective measures where these are imperative;

38.  Calls for the Union to take measures for monitoring and coordinating the access to common diagnostics, information and care on communicable and non-communicable diseases including rare diseases;

Science and Technology

39.  Calls for the Union to respect and promote academic freedom and the freedom to conduct scientific research and teach;

40.  Proposes that the Union draw up a common space strategy and work towards a common framework for space activities;

Final Provisions

41.  Reiterates that representatives of the Union’s social partners, the European Economic and Social Committee, the Committee of the Regions, the European Central Bank, Union’s civil society and candidate countries should be invited as observers to the Convention;

42.  Calls for all the proposals for the amendment of the Treaties as annexed hereto to be discussed during the Convention;

43.  Adopts the proposals for the amendment of the Treaties annexed hereto and submits them to the Council in accordance with Article 48(2) TEU;

44.  Instructs its President to forward this resolution and the proposals for the amendment of the Treaties annexed hereto to the Council and the Commission, and to the parliaments and governments of the Member States.

(1) The Manifesto of Ventotene (June 1941)
(2) The Schuman Declaration (Paris, 9 May 1950)
(3) OJ C 493, 27.12.2022, p. 130.


ANNEX TO THE RESOLUTION

PROPOSALS FOR THE AMENDMENT OF THE TREATIES

Amendment 1

Treaty on European Union

Preamble

Present text

Amendment

HIS MAJESTY THE KING OF THE BELGIANS, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF IRELAND, THE PRESIDENT OF THE HELLENIC REPUBLIC, HIS MAJESTY THE KING OF SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF THE ITALIAN REPUBLIC, HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS, THE PRESIDENT OF THE PORTUGUESE REPUBLIC, HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE REPUBLIC OF BULGARIA, THE PRESIDENT OF THE CZECH REPUBLIC, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE REPUBLIC OF ESTONIA, THE PRESIDENT OF IRELAND, THE PRESIDENT OF THE HELLENIC REPUBLIC, HIS MAJESTY THE KING OF SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF CROATIA, THE PRESIDENT OF THE ITALIAN REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF CYPRUS, THE PRESIDENT OF THE REPUBLIC OF LATVIA, THE PRESIDENT OF THE REPUBLIC OF LITHUANIA, HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, THE PRESIDENT OF HUNGARY, THE PRESIDENT OF THE REPUBLIC OF MALTA, HIS MAJESTY THE KING OF THE NETHERLANDS, THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA, THE PRESIDENT OF THE REPUBLIC OF POLAND, THE PRESIDENT OF THE PORTUGUESE REPUBLIC, THE PRESIDENT OF ROMANIA, THE PRESIDENT OF THE REPUBLIC OF SLOVENIA, THE PRESIDENT OF THE SLOVAK REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF FINLAND, HIS MAJESTY THE KING OF SWEDEN,

Amendment 2

Treaty on European Union

Article 2

Present text

Amendment

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and gender equality prevail.

Amendment 3

Treaty on European Union

Article 3 – paragraph 2

Present text

Amendment

2.  The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.

2.  The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with common external border policies and with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.

Amendment 4

Treaty on European Union

Article 3 – paragraph 3 – subparagraph 1

Present text

Amendment

The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance.

The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, on a highly competitive social market economy that aims for full employment and social progress, and on a high level of protection and improvement of the quality of the environment, as well as on reducing global warming and safeguarding biodiversity in line with international agreements. It shall promote scientific and technological advance.

Amendment 5

Treaty on European Union

Article 3 – paragraph 3 – subparagraph 2

Present text

Amendment

It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.

It shall combat social exclusion and discrimination, and shall promote social justice and protection, gender equality, solidarity between generations and protection of the rights of the child.

Amendment 6

Treaty on European Union

Article 3 – paragraph 3 – subparagraph 4

Present text

Amendment

It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced.

It shall respect and promote its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced.

Amendment 7

Treaty on European Union

Article 3 – paragraph 4

Present text

Amendment

4.  The Union shall establish an economic and monetary union whose currency is the euro.

4.  The currency of the Union is the euro.

Amendment 8

Treaty on European Union

Article 3 – paragraph 5 a (new)

Present text

Amendment

 

5a.  The Union shall protect and promote access to free and universal schooling, institutional and individual academic freedom and human rights, as defined in the Charter of Fundamental Rights of the European Union.

Amendment 9

Treaty on European Union

Article 7 – paragraph 1 – subparagraph 1

Present text

Amendment

On a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission, the Council, acting by a majority of four fifths of its members after obtaining the consent of the European Parliament, may determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2. Before making such a determination, the Council shall hear the Member State in question and may address recommendations to it, acting in accordance with the same procedure.

On a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission, the Council, acting by a qualified majority after obtaining the consent of the European Parliament, shall determine within six months of receiving a proposal whether there is a clear risk of a serious breach by a Member State of the values referred to in Article 2. Before making such a determination, the Council shall hear the Member State in question and may address recommendations to it, acting in accordance with the same procedure.

Amendment 10

Treaty on European Union

Article 7 – paragraph 2

Present text

Amendment

2.  The European Council, acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the consent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2, after inviting the Member State in question to submit its observations.

2.  The Council, acting by a qualified majority within six months of receiving a proposal by one third of the Member States, by the European Parliament, acting by a majority of its component Members, or by the Commission, may submit an application to the Court of Justice on the existence of a serious and persistent breach by a Member State of the values referred to in Article 2.

Amendment 11

Treaty on European Union

Article 7 – paragraph 2 - subparagraph 1 a (new)

Present text

Amendment

 

The Court of Justice shall decide on the application after inviting the Member State in question to submit its observations.

Amendment 12

Treaty on European Union

Article 7 – paragraph 3 – subparagraph 1

Present text

Amendment

Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons.

Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, shall decide within six months thereof to take appropriate measures. Such measures may include the suspension of commitments and payments from the Union’s budget, or the suspension of certain of the rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council and the right of the Member State in question to hold the Presidency of the Council. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons.

Amendment 13

Treaty on European Union

Article 10 – paragraph 3

Present text

Amendment

3.  Every citizen shall have the right to participate in the democratic life of the Union. Decisions shall be taken as openly and as closely as possible to the citizen.

3.  Every citizen shall have the right to participate in the democratic life of the Union. The Union shall ensure that there are instruments that enable citizens to exercise this right.

Amendment 14

Treaty on European Union

Article 10 – paragraph 3 a (new)

Present text

Amendment

 

3a.  Decisions shall be taken as openly and as closely to the citizen as possible.

Amendment 15

Treaty on European Union

Article 10 – paragraph 4

Present text

Amendment

4.  Political parties at European level contribute to forming European political awareness and to expressing the will of citizens of the Union.

4.  Political parties at European level contribute to forming European political awareness and to expressing the will of citizens of the Union. European political parties may promote, support and finance activities to those ends.

Amendment 16

Treaty on European Union

Article 10 – paragraph 4 a (new)

Present text

Amendment

 

4a.  Social partners shall be consulted in the preparation of any initiatives in the areas of social, employment and economic policy.

Amendment 17

Treaty on European Union

Article 11 – paragraph 4 – subparagraph 1

Present text

Amendment

Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties.

Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required.

Amendment 18

Treaty on European Union

Article 11 – paragraph 4 – subparagraph 1 a (new)

Present text

Amendment

 

The Commission or the European Parliament may propose a legal act based on any valid citizens’ initiative.

Amendment 19

Treaty on European Union

Article 11 – paragraph 4 a (new)

Present text

Amendment

 

4a.  The European Parliament and the Council may, acting in accordance with the ordinary legislative procedure, adopt provisions to guarantee their decision-making and the adherence to the principles set out in Articles 10 and 11.

Amendment 20

Treaty on European Union

Article 13 – paragraph 4 a (new)

Present text

Amendment

 

4a.  The Union’s institutions and its governing and consultative bodies shall be composed in a non-discriminatory manner and shall reflect gender equality and the diversity of society.

Amendment 21

Treaty on European Union

Article 14 – paragraph 2 – subparagraph 1

Present text

Amendment

The European Parliament shall be composed of representatives of the Union's citizens. They shall not exceed seven hundred and fifty in number, plus the President. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats.

The European Parliament shall be composed of representatives of the Union's citizens. They shall not exceed seven hundred and fifty in number, plus the President.

Amendment 22

Treaty on European Union

Article 14 – paragraph 2 a (new)

Present text

Amendment

 

2a.  Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats.

Amendment 23

Treaty on European Union

Article 14 – paragraph 2 b (new)

Present text

Amendment

 

2b.  The European Parliament shall establish its composition by a majority of its component Members, respecting the principles referred to in paragraphs 2 and 2a, subject to the Council’s consent, acting by a reinforced qualified majority.

Amendment 24

Treaty on European Union

Article 15 – paragraph 2

Present text

Amendment

2.  The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work.

2.  The European Council shall consist of the Heads of State or Government of the Member States, together with the President of the European Union. The Union Secretary for Foreign Affairs and Security Policy shall take part in its work.

 

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 25

Treaty on European Union

Article 15 – paragraph 3

Present text

Amendment

3.  The European Council shall meet twice every six months, convened by its President. When the agenda so requires, the members of the European Council may decide each to be assisted by a minister and, in the case of the President of the Commission, by a member of the Commission. When the situation so requires, the President shall convene a special meeting of the European Council.

3.  The European Council shall meet twice every six months, convened by its President. When the agenda so requires, the members of the European Council may decide each to be assisted by a minister and, in the case of the President of the European Union, by a member of the Commission. When the situation so requires, the President shall convene a special meeting of the European Council.

Amendment 26

Treaty on European Union

Article 15 – paragraph 5

Present text

Amendment

5.  The European Council shall elect its President, by a qualified majority, for a term of two and a half years, renewable once. In the event of an impediment or serious misconduct, the European Council can end the President's term of office in accordance with the same procedure.

5.  The European Council shall elect its President, by a qualified majority.

Amendment 27

Treaty on European Union

Article 15 – paragraph 6

Present text

Amendment

6.  The President of the European Council:

deleted

(a)  shall chair it and drive forward its work;

 

(b)  shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council;

 

(c)  shall endeavour to facilitate cohesion and consensus within the European Council;

 

(d)  shall present a report to the European Parliament after each of the meetings of the European Council.

 

The President of the European Council shall, at his level and in that capacity, ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy.

 

The President of the European Council shall not hold a national office.

 

Amendment 28

Treaty on European Union

Article 16 – paragraph 2

Present text

Amendment

2.  The Council shall consist of a representative of each Member State at ministerial level, who may commit the government of the Member State in question and cast its vote.

2.  The Council shall consist of representatives of each Member State, who may commit the government of the Member State in question and cast its vote.

Amendment 29

Treaty on European Union

Article 16 – paragraph 3

Present text

Amendment

3.  The Council shall act by a qualified majority except where the Treaties provide otherwise.

3.  The Council shall act by a qualified majority except where the Treaties provide for a simple majority or a reinforced qualified majority.

Amendment 30

Treaty on European Union

Article 16 – paragraph 5

Present text

Amendment

5.  The transitional provisions relating to the definition of the qualified majority which shall be applicable until 31 October 2014 and those which shall be applicable from 1 November 2014 to 31 March 2017 are laid down in the Protocol on transitional provisions.

deleted

Amendment 31

Treaty on European Union

Article 16 – paragraph 6 – subparagraph 1

Present text

Amendment

The Council shall meet in different configurations, the list of which shall be adopted in accordance with Article 236 of the Treaty on the Functioning of the European Union.

deleted

Amendment 32

Treaty on European Union

Article 16 – paragraph 6 – subparagraph 2

Present text

Amendment

The General Affairs Council shall ensure consistency in the work of the different Council configurations. It shall prepare and ensure the follow-up to meetings of the European Council, in liaison with the President of the European Council and the Commission.

deleted

Amendment 33

Treaty on European Union

Article 16 – paragraph 6 – subparagraph 3

Present text

Amendment

The Foreign Affairs Council shall elaborate the Union's external action on the basis of strategic guidelines laid down by the European Council and ensure that the Union's action is consistent.

deleted

Amendment 34

Treaty on European Union

Article 16 – paragraph 7

Present text

Amendment

7.  A Committee of Permanent Representatives of the Governments of the Member States shall be responsible for preparing the work of the Council.

deleted

Amendment 35

Treaty on European Union

Article 16 – paragraph 8

Present text

Amendment

8.  The Council shall meet in public when it deliberates and votes on a draft legislative act. To this end, each Council meeting shall be divided into two parts, dealing respectively with deliberations on Union legislative acts and non-legislative activities.

8.  The Council shall meet in public when it deliberates and votes on a draft legislative act.

Amendment 36

Treaty on European Union

Article 17 – paragraph 1

Present text

Amendment

1.  The Commission shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them. It shall oversee the application of Union law under the control of the Court of Justice of the European Union. It shall execute the budget and manage programmes. It shall exercise coordinating, executive and management functions, as laid down in the Treaties. With the exception of the common foreign and security policy, and other cases provided for in the Treaties, it shall ensure the Union's external representation. It shall initiate the Union's annual and multiannual programming with a view to achieving interinstitutional agreements.

1.   The Executive shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them. It shall oversee the application of Union law under the control of the Court of Justice of the European Union. It shall execute the budget and manage programmes. It shall exercise coordinating, executive and management functions, as laid down in the Treaties. With the exception of the common foreign and security policy, and other cases provided for in the Treaties, it shall ensure the Union's external representation. It shall initiate the Union's annual and multiannual programming with a view to achieving interinstitutional agreements.

 

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 37

Treaty on European Union

Article 17 – paragraph 2

Present text

Amendment

2.  Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise. Other acts shall be adopted on the basis of a Commission proposal where the Treaties so provide.

2.  Union legislative acts may be adopted on the basis of an Executive proposal, except where the Treaties provide otherwise. Other acts shall be adopted on the basis of an Executive proposal where the Treaties so provide.

Amendment 38

Treaty on European Union

Article 17 – paragraph 3

Present text

Amendment

3.  The Commission's term of office shall be five years.

3.  The Executive’s term of office shall be five years.

The members of the Commission shall be chosen on the ground of their general competence and European commitment from persons whose independence is beyond doubt.

The members of the Executive shall be chosen on the ground of their general competence and European commitment from persons whose independence is beyond doubt.

In carrying out its responsibilities, the Commission shall be completely independent. Without prejudice to Article 18(2), the members of the Commission shall neither seek nor take instructions from any Government or other institution, body, office or entity. They shall refrain from any action incompatible with their duties or the performance of their tasks

In carrying out its responsibilities, the Executive shall be completely independent. Without prejudice to Article 18(2), the members of the Executive shall neither seek nor take instructions from any Government or other institution, body, office or entity. They shall refrain from any action incompatible with their duties or the performance of their tasks.

Amendment 39

Treaty on European Union

Article 17 – paragraph 4

Present text

Amendment

4.  The Commission appointed between the date of entry into force of the Treaty of Lisbon and 31 October 2014, shall consist of one national of each Member State, including its President and the High Representative of the Union for Foreign Affairs and Security Policy who shall be one of its Vice-Presidents.

deleted

Amendment 40

Treaty on European Union

Article 17 – paragraph 6

Present text

Amendment

6.  The President of the Commission shall:

6.  The President of the Executive shall:

(a)  lay down guidelines within which the Commission is to work;

(a)  lay down guidelines within which the Executive is to work;

(b)  decide on the internal organisation of the Commission, ensuring that it acts consistently, efficiently and as a collegiate body;

(b)  decide on the internal organisation of the Executive, ensuring that it acts consistently, efficiently and as a collegiate body;

(c)  appoint Vice-Presidents, other than the High Representative of the Union for Foreign Affairs and Security Policy, from among the members of the Commission.

(c)  appoint Vice-Presidents, other than the Union Secretary for Foreign Affairs and Security Policy and the Union Secretary for Economic Governance, from among the members of the Executive.

A member of the Commission shall resign if the President so requests. The High Representative of the Union for Foreign Affairs and Security Policy shall resign, in accordance with the procedure set out in Article 18(1), if the President so requests.

A member of the Executive shall resign if the President so requests. The Union Secretary for Foreign Affairs and Security Policy and the Union Secretary for Economic Governance shall resign, in accordance with the procedure set out in Article 18(1), if the President so requests.

Amendment 41

Treaty on European Union

Article 17 – paragraph 7

Present text

Amendment

7.  Taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission. This candidate shall be elected by the European Parliament by a majority of its component members. If he does not obtain the required majority, the European Council, acting by a qualified majority, shall within one month propose a new candidate who shall be elected by the European Parliament following the same procedure.

7.  Following European elections, the European Parliament, acting by a majority of its component members, shall nominate to the European Council a candidate for President of the European Union. The European Council, acting by a qualified majority, shall give its consent. If the nominated candidate does not obtain the required majority, the European Parliament, acting by a majority of its component members, shall within one month nominate a candidate. The European Council, acting by a simple majority, shall give its consent.

The Council, by common accord with the President-elect, shall adopt the list of the other persons whom it proposes for appointment as members of the Commission. They shall be selected, on the basis of the suggestions made by Member States, in accordance with the criteria set out in paragraph 3, second subparagraph, and paragraph 5, second subparagraph.

The President-elect shall propose a list of candidates for appointment as members of the Executive. They shall be selected in accordance with the criteria set out in paragraphs 3 and 5.

The President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission shall be subject as a body to a vote of consent by the European Parliament. On the basis of this consent the Commission shall be appointed by the European Council, acting by a qualified majority.

The President, the Union Secretary for Foreign Affairs and Security Policy and the other members of the Executive shall be subject as a body to a vote of consent by the European Parliament. On the basis of this consent the Executive shall be appointed by the European Council, acting by a simple majority.

Amendment 42

Treaty on European Union

Article 17 – paragraph 8

Present text

Amendment

8.  The Commission, as a body, shall be responsible to the European Parliament. In accordance with Article 234 of the Treaty on the Functioning of the European Union, the European Parliament may vote on a motion of censure of the Commission. If such a motion is carried, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from the duties that he carries out in the Commission.

8.  The Executive shall be responsible to the European Parliament. In accordance with Article 234 of the Treaty on the Functioning of the European Union, the European Parliament may vote on a motion of collective censure of the Executive or on a motion of individual censure of a member of the Executive. If a motion of collective censure is carried, the members of the Executive shall resign as a body. If a motion of individual censure is carried, the President of the Executive shall consider requesting that the member of the Executive concerned resign. If the President decides not to request the member to resign, the Executive as a body will have to be reconfirmed following the procedure in paragraph 7(3).

Amendment 43

Treaty on European Union

Article 19 – paragraph 3 a (new)

Present text

Amendment

 

3a.  The Court of Justice of the European Union shall monitor compliance with the principle of subsidiarity and may give preliminary rulings on whether the Union has acted ultra vires, as well as address actions brought under Article 263 of the Treaty on the Functioning of the European Union on grounds of infringement of the principle of subsidiarity.

Amendment 44

Treaty on European Union

Article 21 – paragraph 2 – point a

Present text

Amendment

(a)  safeguard its values, fundamental interests, security, independence and integrity;

(a)  safeguard its values, fundamental interests, security, strategic autonomy, independence and integrity;

Amendment 45

Treaty on European Union

Article 24 – paragraph 1 – subparagraph 2

Present text

Amendment

The common foreign and security policy is subject to specific rules and procedures. It shall be defined and implemented by the European Council and the Council acting unanimously, except where the Treaties provide otherwise. The adoption of legislative acts shall be excluded. The common foreign and security policy shall be put into effect by the High Representative of the Union for Foreign Affairs and Security Policy and by Member States, in accordance with the Treaties. The specific role of the European Parliament and of the Commission in this area is defined by the Treaties. The Court of Justice of the European Union shall not have jurisdiction with respect to these provisions, with the exception of its jurisdiction to monitor compliance with Article 40 of this Treaty and to review the legality of certain decisions as provided for by the second paragraph of Article 275 of the Treaty on the Functioning of the European Union.

The common foreign and security policy is subject to specific rules and procedures. It shall be defined and implemented by the European Council and the Council acting by a qualified majority, after obtaining the consent of the European Parliament. The common foreign and security policy shall be put into effect by the Union Secretary for Foreign Affairs and Security Policy and by Member States, in accordance with the Treaties. The specific role of the European Parliament and of the Commission in this area is defined by the Treaties. The Court of Justice of the European Union shall have jurisdiction with respect to these provisions.

Amendment 46

Treaty on European Union

Article 29

Present text

Amendment

The Council shall adopt decisions which shall define the approach of the Union to a particular matter of a geographical or thematic nature. Member States shall ensure that their national policies conform to the Union positions.

The Council shall adopt decisions which shall define the approach of the Union to a particular matter of a geographical or thematic nature. Where a decision provides for the interruption or reduction, in part or completely, of economic and financial relations with one or more third countries, the Council shall act by a qualified majority. Member States shall ensure that their national policies conform to the Union positions.

Amendment 47

Treaty on European Union

Article 31 – paragraph 1

Present text

Amendment

1.  Decisions under this Chapter shall be taken by the European Council and the Council acting unanimously, except where this Chapter provides otherwise. The adoption of legislative acts shall be excluded.

1.   Decisions under this Chapter shall be taken by the European Council and the Council acting by a qualified majority. The adoption of legislative acts shall be excluded.

When abstaining in a vote, any member of the Council may qualify its abstention by making a formal declaration under the present subparagraph. In that case, it shall not be obliged to apply the decision, but shall accept that the decision commits the Union. In a spirit of mutual solidarity, the Member State concerned shall refrain from any action likely to conflict with or impede Union action based on that decision and the other Member States shall respect its position. If the members of the Council qualifying their abstention in this way represent at least one third of the Member States comprising at least one third of the population of the Union, the decision shall not be adopted.

 

Amendment 48

Treaty on European Union

Article 31 – paragraph 2

Present text

Amendment

2.  By derogation from the provisions of paragraph 1, the Council shall act by qualified majority:

 

–  when adopting a decision defining a Union action or position on the basis of a decision of the European Council relating to the Union's strategic interests and objectives, as referred to in Article 22(1),

 

–  when adopting a decision defining a Union action or position, on a proposal which the High Representative of the Union for Foreign Affairs and Security Policy has presented following a specific request from the European Council, made on its own initiative or that of the High Representative,

 

–  when adopting any decision implementing a decision defining a Union action or position,

 

–  when appointing a special representative in accordance with Article 33.

 

If a member of the Council declares that, for vital and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. The High Representative will, in close consultation with the Member State involved, search for a solution acceptable to it. If he does not succeed, the Council may, acting by a qualified majority, request that the matter be referred to the European Council for a decision by unanimity.

A member of the Council may request that, for vital and stated reasons of national policy, the matter be referred to the European Council.

Amendment 49

Treaty on European Union

Article 31 – paragraph 3

Present text

Amendment

3.  The European Council may unanimously adopt a decision stipulating that the Council shall act by a qualified majority in cases other than those referred to in paragraph 2.

deleted

Amendment 50

Treaty on European Union

Article 31 – paragraph 4

Present text

Amendment

4.  Paragraphs 2 and 3 shall not apply to decisions having military or defence implications.

deleted

Amendment 51

Treaty on European Union

Article 42 – paragraph 1

Present text

Amendment

1.  The common security and defence policy shall be an integral part of the common foreign and security policy. It shall provide the Union with an operational capacity drawing on civilian and military assets. The Union may use them on missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. The performance of these tasks shall be undertaken using capabilities provided by the Member States.

1.   The common security and defence policy shall be an integral part of the common foreign and security policy. It shall enable the Union to defend Member States against threats. It shall provide the Union with an operational capacity drawing on civilian and military assets. The Union may use them on missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. The common security and defence policy, including the procurement and development of armaments, shall be financed by the Union through a dedicated budget in respect of which the European Parliament is a co-legislator and exercises scrutiny.

Amendment 52

Treaty on European Union

Article 42 – paragraph 3

Present text

Amendment

3.  Member States shall make civilian and military capabilities available to the Union for the implementation of the common security and defence policy, to contribute to the objectives defined by the Council. Those Member States which together establish multinational forces may also make them available to the common security and defence policy.

3.  The Union shall establish a Defence Union with civilian and military capabilities for the implementation of the common security and defence policy. That Defence Union shall include military units, including a permanent rapid deployment capacity, under the operational command of the Union. Member States may provide additional capabilities. Those Member States which together establish multinational forces may also make them available to the common security and defence policy.

Member States shall undertake progressively to improve their military capabilities. The Agency in the field of defence capabilities development, research, acquisition and armaments (hereinafter referred to as "the European Defence Agency") shall identify operational requirements, shall promote measures to satisfy those requirements, shall contribute to identifying and, where appropriate, implementing any measure needed to strengthen the industrial and technological base of the defence sector, shall participate in defining a European capabilities and armaments policy, and shall assist the Council in evaluating the improvement of military capabilities.

The Union and the Member States shall undertake progressively to improve their military capabilities. The Agency in the field of defence capabilities development, research, acquisition and armaments (hereinafter referred to as "the European Defence Agency") shall identify operational requirements, shall implement measures to satisfy those requirements, shall procure armaments on behalf of the Union and its Member States, shall take any measure needed to strengthen the industrial and technological base of the defence sector, shall participate in defining a European capabilities and armaments policy, and shall evaluate the improvement of military capabilities.

Amendment 53

Treaty on European Union

Article 42 – paragraph 4

Present text

Amendment

4.  Decisions relating to the common security and defence policy, including those initiating a mission as referred to in this Article, shall be adopted by the Council acting unanimously on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy or an initiative from a Member State. The High Representative may propose the use of both national resources and Union instruments, together with the Commission where appropriate.

4.  Decisions relating to the common security and defence policy shall be adopted by the Council acting by a qualified majority on a proposal from the Union Secretary for Foreign Affairs and Security Policy or an initiative from a Member State, and after obtaining the consent of the European Parliament. The Union Secretary for Foreign Affairs and Security Policy may propose the use of both national resources and Union instruments, together with the Commission where appropriate.

Amendment 54

Treaty on European Union

Article 42 – paragraph 4 a – subparagraph 1 (new)

Present text

Amendment

 

4a.  Decisions initiating missions shall be adopted by the Council, acting by a qualified majority. The Parliament shall act by a majority of its component Members.

Amendment 55

Treaty on European Union

Article 42 – paragraph 7 – subparagraph 1

Present text

Amendment

If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the United Nations Charter. This shall not prejudice the specific character of the security and defence policy of certain Member States.

If a Member State is the victim of aggression, the Defence Union and all Member States shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the United Nations Charter. An armed attack on one Member State shall be considered to be an attack on all Member States. This shall not prejudice the specific character of the security and defence policy of certain Member States.

Amendment 56

Treaty on European Union

Article 43 – paragraph 1

Present text

Amendment

1.  The tasks referred to in Article 42(1), in the course of which the Union may use civilian and military means, shall include joint disarmament operations, humanitarian and rescue tasks, military advice and assistance tasks, conflict prevention and peace-keeping tasks, tasks of combat forces in crisis management, including peace-making and post-conflict stabilisation. All these tasks may contribute to the fight against terrorism, including by supporting third countries in combating terrorism in their territories.

1.  The tasks referred to in Article 42(1), in the course of which the Union may use civilian and military means, shall include combatting hybrid threats and warfare, energy blackmail, cyberthreats, disinformation campaigns and economic coercion by third countries, joint disarmament operations, humanitarian and rescue tasks, military advice and assistance tasks, conflict prevention and peace-keeping tasks, tasks of combat forces in crisis management, including peace-making and post-conflict stabilisation. All these tasks may contribute to the fight against terrorism, including by supporting third countries in combating terrorism in their territories.

Amendment 57

Treaty on European Union

Article 45 – paragraph 1 – point b

Present text

Amendment

(b)  promote harmonisation of operational needs and adoption of effective, compatible procurement methods;

(b)  procure armaments for the Defence Union and on behalf of the Union and its Member States and promote harmonisation of operational needs and adoption of effective, compatible procurement methods;

Amendment 58

Treaty on European Union

Article 45 – paragraph 1 – point c

Present text

Amendment

(c)  propose multilateral projects to fulfil the objectives in terms of military capabilities, ensure coordination of the programmes implemented by the Member States and management of specific cooperation programmes;

(c)  propose and lead multilateral projects to fulfil the objectives in terms of military capabilities, ensure coordination of the programmes implemented by the Member States and management of specific cooperation programmes;

Amendment 59

Treaty on European Union

Article 45 – paragraph 2

Present text

Amendment

2.  The European Defence Agency shall be open to all Member States wishing to be part of it. The Council, acting by a qualified majority, shall adopt a decision defining the Agency's statute, seat and operational rules. That decision should take account of the level of effective participation in the Agency's activities. Specific groups shall be set up within the Agency bringing together Member States engaged in joint projects. The Agency shall carry out its tasks in liaison with the Commission where necessary.

2.  The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt a decision defining the Agency’s statute, seat and operational rules.

Amendment 60

Treaty on European Union

Article 46 – paragraph 6

Present text

Amendment

6.  The decisions and recommendations of the Council within the framework of permanent structured cooperation, other than those provided for in paragraphs 2 to 5, shall be adopted by unanimity. For the purposes of this paragraph, unanimity shall be constituted by the votes of the representatives of the participating Member States only.

6.  The decisions and recommendations of the Council within the framework of permanent structured cooperation, other than those provided for in paragraphs 2 to 5, shall be adopted by a qualified majority. For the purposes of this paragraph, that qualified majority shall be constituted by the votes of the representatives of the participating Member States only, in line with their respective constitutional orders.

Amendment 61

Treaty on European Union

Article 48 – paragraph 2

Present text

Amendment

2.  The Government of any Member State, the European Parliament or the Commission may submit to the Council proposals for the amendment of the Treaties. These proposals may, inter alia, serve either to increase or to reduce the competences conferred on the Union in the Treaties. These proposals shall be submitted to the European Council by the Council and the national Parliaments shall be notified.

2.  The Government of any Member State, the European Parliament or the Commission may submit to the Council proposals for the amendment of the Treaties. These proposals may, inter alia, serve either to increase or to reduce the competences conferred on the Union in the Treaties. These proposals shall be submitted to the European Council by the Council immediately and without deliberation, and the national Parliaments shall be notified.

Amendment 62

Treaty on European Union

Article 48 – paragraph 4 – subparagraph 1 a (new)

Present text

Amendment

 

The European Parliament shall be considered to have given its consent to the amendments to the Treaties when a majority of its component Members vote to do so.

Amendment 63

Treaty on European Union

Article 48 – paragraph 5

Present text

Amendment

5.  If, two years after the signature of a treaty amending the Treaties, four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council.

5.  If, two years after the signature of a treaty amending the Treaties, fewer than four-fifths of the Member States have ratified it, the matter shall be referred to the European Council.

Amendment 64

Treaty on European Union

Article 48 – paragraph 7 – subparagraph 4

Present text

Amendment

For the adoption of the decisions referred to in the first and second subparagraphs, the European Council shall act by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.

For the adoption of those decisions, the European Council shall act by a qualified majority after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.

Amendment 65

Treaty on European Union

Article 49 – paragraph 2

Present text

Amendment

The conditions of admission and the adjustments to the Treaties on which the Union is founded, which such admission entails, shall be the subject of an agreement between the Member States and the applicant State. This agreement shall be submitted for ratification by all the contracting States in accordance with their respective constitutional requirements.

The conditions of admission and the adjustments to the Treaties on which the Union is founded, which such admission entails, shall be the subject of an agreement between the Member States and the applicant State. This agreement shall be submitted for ratification by all the contracting States in accordance with their respective constitutional requirements. Member States must continue to respect the values referred to in Article 2 after their accession to the Union.

Amendment 66

Treaty on European Union

Article 52 – paragraph 1

Present text

Amendment

1.  The Treaties shall apply to the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.

1.  The Treaties shall apply to the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden.

Amendment 67

Treaty on European Union

Article 54 – paragraph 2

Present text

Amendment

2.  This Treaty shall enter into force on 1 January 1993, provided that all the Instruments of ratification have been deposited, or, failing that, on the first day of the month following the deposit of the Instrument of ratification by the last signatory State to take this step.

2.  This Treaty shall enter into force on the first day of the month following the deposit of the Instrument of ratification by the governments of four-fifths of the Member States.

Amendment 68

Treaty on the Functioning of the European Union

Preamble

Present text

Amendment

HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF THE ITALIAN REPUBLIC, HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS,

HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE REPUBLIC OF BULGARIA, THE PRESIDENT OF THE CZECH REPUBLIC, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE REPUBLIC OF ESTONIA, THE PRESIDENT OF IRELAND, THE PRESIDENT OF THE HELLENIC REPUBLIC, HIS MAJESTY THE KING OF SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF CROATIA, THE PRESIDENT OF THE ITALIAN REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF CYPRUS, THE PRESIDENT OF THE REPUBLIC OF LATVIA, THE PRESIDENT OF THE REPUBLIC OF LITHUANIA, HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, THE PRESIDENT OF HUNGARY, THE PRESIDENT OF THE REPUBLIC OF MALTA, HIS MAJESTY THE KING OF THE NETHERLANDS, THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA, THE PRESIDENT OF THE REPUBLIC OF POLAND, THE PRESIDENT OF THE PORTUGUESE REPUBLIC, THE PRESIDENT OF ROMANIA, THE PRESIDENT OF THE REPUBLIC OF SLOVENIA, THE PRESIDENT OF THE SLOVAK REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF FINLAND, HIS MAJESTY THE KING OF SWEDEN,

Amendment 69

Treaty on the Functioning of the European Union

Article 3 – paragraph 2

Present text

Amendment

2.  The Union shall also have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules or alter their scope.

2.  The Union shall also have exclusive competence for the conclusion of an international agreement, including in the context of global negotiations on climate change, when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules or alter their scope.

Amendment 70

Treaty on the Functioning of the European Union

Article 4 – paragraph 2 – point e

Present text

Amendment

(e)  environment,

(e)   public health matters, in particular the protection and improvement of human health, especially cross-border health threats, including universal and full access to sexual and reproductive health and rights, and the One-Health approach;

Amendment 71

Treaty on the Functioning of the European Union

Article 4 – paragraph 2 – point g

Present text

Amendment

(g)  transport;

(g)  transport, including cross-border infrastructure;

Amendment 72

Treaty on the Functioning of the European Union

Article 4 – paragraph 2 – point j

Present text

Amendment

(j)  area of freedom, security and justice;

(j)  the area of freedom, security and justice, and the external border policy;

Amendment 73

Treaty on the Functioning of the European Union

Article 4 – paragraph 2 – point k

Present text

Amendment

(k)  common safety concerns in public health matters, for the aspects defined in this Treaty.

(k)  foreign affairs, external security and defence;

Amendment 74

Treaty on the Functioning of the European Union

Article 4 – paragraph 2 – point k a (new)

Present text

Amendment

 

(ka)  civil protection;

Amendment 75

Treaty on the Functioning of the European Union

Article 4 – paragraph 2 – point k b (new)

Present text

Amendment

 

(kb)  industry;

Amendment 76

Treaty on the Functioning of the European Union

Article 4 – paragraph 2 – point k c (new)

Present text

Amendment

 

(kc)  education, especially when it concerns transnational issues such as the mutual recognition of degrees, grades, skills and qualifications.

Amendment 77

Treaty on the Functioning of the European Union

Article 6 – point a

Present text

Amendment

(a)  protection and improvement of human health;

deleted

Amendment 78

Treaty on the Functioning of the European Union

Article 6 – point e

Present text

Amendment

(e)  education, vocational training, youth and sport;

(e)  vocational training, youth and sport;

Amendment 79

Treaty on the Functioning of the European Union

Article 6 – point f

Present text

Amendment

(f)  civil protection;

deleted

Amendment 80

Treaty on the Functioning of the European Union

Article 8

Present text

Amendment

In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women.

In all its activities, the Union shall aim to eliminate inequalities and to promote gender equality.

Amendment 81

Treaty on the Functioning of the European Union

Article 9

Present text

Amendment

In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.

In defining and implementing its policies and activities, the Union shall ensure that social progress is anchored in a social protocol.

 

The Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health, as well as the effective exercise of democratic collective rights of trade unions.

Amendment 82

Treaty on the Functioning of the European Union

Article 10

Present text

Amendment

In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, gender, racial, ethnic or social origin, language, religion or belief, political opinion, belonging to a national minority, disability, age or sexual orientation.

Amendment 83

Treaty on the Functioning of the European Union

Article 11

Present text

Amendment

Environmental protection requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular with a view to promoting sustainable development.

Environmental, climate and biodiversity protection requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular with a view to promoting sustainable development.

Amendment 84

Treaty on the Functioning of the European Union

Article 15 – paragraph 3 – subparagraph 5

Present text

Amendment

The European Parliament and the Council shall ensure publication of the documents relating to the legislative procedures under the terms laid down by the regulations referred to in the second subparagraph.

The European Parliament and the Council shall ensure publication of the documents relating to the legislative procedures, including the positions of their members as well as proposals and amendments to legislative texts which form part of the normal legislative process, under the terms laid down by the regulations referred to in the second subparagraph.

Amendment 85

Treaty on the Functioning of the European Union

Article 19 – paragraph 1

Present text

Amendment

1.  Without prejudice to the other provisions of the Treaties and within the limits of the powers conferred by them upon the Union, the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

1.  Without prejudice to the other provisions of the Treaties and within the limits of the powers conferred by them upon the Union, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may take appropriate action to combat discrimination based on sex, gender, racial, ethnic or social origin, language, religion or belief, political opinion, belonging to a national minority, disability, age or sexual orientation.

Amendment 86

Treaty on the Functioning of the European Union

Article 19 – paragraph 2

Present text

Amendment

2.  By way of derogation from paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt the basic principles of Union incentive measures, excluding any harmonisation of the laws and regulations of the Member States, to support action taken by the Member States in order to contribute to the achievement of the objectives referred to in paragraph 1.

deleted

Amendment 87

Treaty on the Functioning of the European Union

Article 20 – paragraph 2 a (new)

Present text

Amendment

 

2a.  The European Parliament and the Council may, in accordance with the ordinary legislative procedure, adopt common provisions on preventing sale of passports, or other abuses regarding the acquisition and loss of citizenship of the Union by third country nationals, with a view to approximating the conditions under which such citizenship can be acquired.

Amendment 88

Treaty on the Functioning of the European Union

Article 22 – paragraph 1

Present text

Amendment

1.  Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate at municipal elections in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised subject to detailed arrangements adopted by the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament; these arrangements may provide for derogations where warranted by problems specific to a Member State.

1.  Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate at municipal elections in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised subject to detailed arrangements adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure. Those arrangements may provide for derogations where warranted by problems specific to a Member State.

Amendment 89

Treaty on the Functioning of the European Union

Article 22 – paragraph 2

Present text

Amendment

2.  Without prejudice to Article 223(1) and to the provisions adopted for its implementation, every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate in elections to the European Parliament in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised subject to detailed arrangements adopted by the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament; these arrangements may provide for derogations where warranted by problems specific to a Member State.

2.  Without prejudice to Article 223(1) and to the provisions adopted for its implementation, every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate in elections to the European Parliament in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised subject to detailed arrangements adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure.

Amendment 90

Treaty on the Functioning of the European Union

Article 23 – paragraph 2

Present text

Amendment

The Council, acting in accordance with a special legislative procedure and after consulting the European Parliament, may adopt directives establishing the coordination and cooperation measures necessary to facilitate such protection.

The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt directives establishing the coordination and cooperation measures necessary to facilitate such protection.

Amendment 91

Treaty on the Functioning of the European Union

Article 24 – paragraph 1

Present text

Amendment

The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the provisions for the procedures and conditions required for a citizens' initiative within the meaning of Article 11 of the Treaty on European Union, including the minimum number of Member States from which such citizens must come.

The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the provisions for the procedures and conditions required for a citizens' initiative within the meaning of Article 11(4) of the Treaty on European Union, including the minimum number of Member States from which such citizens must come.

Amendment 92

Treaty on the Functioning of the European Union

Article 24 a (new)

Present text

Amendment

 

Article 24a

 

The Union shall protect persons belonging to minorities, in line with the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt provisions with a view to facilitating the exercise of the rights of people belonging to minorities. The Union shall accede to the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities.

Amendment 93

Treaty on the Functioning of the European Union

Article 26 – paragraph 2

Present text

Amendment

2.  The internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaties.

2.  The internal market shall comprise an area without internal frontiers in which the free movement of persons, goods, services and capital is ensured in all Member States and by the institutions of the Union in accordance with the provisions of the Treaties.

Amendment 94

Treaty on the Functioning of the European Union

Article 43 – paragraph 3

Present text

Amendment

3.  The Council, on a proposal from the Commission, shall adopt measures on fixing prices, levies, aid and quantitative limitations and on the fixing and allocation of fishing opportunities.

3.  The Council, on a proposal from the Commission, shall adopt measures on fixing prices, levies, aid and quantitative limitations and on the fixing and allocation of sustainable fishing opportunities.

Amendment 95

Treaty on the Functioning of the European Union

Article 64 – paragraph 3

Present text

Amendment

3.  Notwithstanding paragraph 2, only the Council, acting in accordance with a special legislative procedure, may unanimously, and after consulting the European Parliament, adopt measures which constitute a step backwards in Union law as regards the liberalisation of the movement of capital to or from third countries.

3.  Notwithstanding paragraph 2, only the Council, acting in accordance with a special legislative procedure, may, by a qualified majority and after consulting the European Parliament, adopt measures which constitute a step backwards in Union law as regards the liberalisation of the movement of capital to or from third countries.

Amendment 96

Treaty on the Functioning of the European Union

Article 67 – paragraph 2

Present text

Amendment

2.  It shall ensure the absence of internal border controls for persons and shall frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third-country nationals. For the purpose of this Title, stateless persons shall be treated as third-country nationals.

2.  It shall ensure the absence of internal border controls for persons and shall frame a common policy on borders, asylum and immigration, based on solidarity between Member States, which is fair towards third-country nationals. For the purpose of this Title, stateless persons shall be treated as third-country nationals.

Amendment 97

Treaty on the Functioning of the European Union

Article 70

Present text

Amendment

Without prejudice to Articles 258, 259 and 260, the Council may, on a proposal from the Commission, adopt measures laying down the arrangements whereby Member States, in collaboration with the Commission, conduct objective and impartial evaluation of the implementation of the Union policies referred to in this Title by Member States' authorities, in particular in order to facilitate full application of the principle of mutual recognition. The European Parliament and national Parliaments shall be informed of the content and results of the evaluation.

Without prejudice to Articles 258, 259 and 260, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may, on a proposal from the Commission, adopt measures laying down the arrangements whereby Member States, in collaboration with the Commission, conduct objective and impartial evaluation of the implementation of the Union policies referred to in this Title by Member States' authorities, in particular in order to facilitate full application of the principle of mutual recognition. National Parliaments shall be informed of the content and results of the evaluation.

Amendment 98

Treaty on the Functioning of the European Union

Article 77 – paragraph 2 – point d a (new)

Present text

Amendment

 

(da)   any measure necessary and proportionate to ensure the efficient monitoring, securing and effective control of the Union’s external borders, as well as the effective return of those who do not have the right to remain on the territory of the Union;

Amendment 99

Treaty on the Functioning of the European Union

Article 77 – paragraph 3

Present text

Amendment

3.  If action by the Union should prove necessary to facilitate the exercise of the right referred to in Article 20(2)(a), and if the Treaties have not provided the necessary powers, the Council, acting in accordance with a special legislative procedure, may adopt provisions concerning passports, identity cards, residence permits or any other such document. The Council shall act unanimously after consulting the European Parliament.

3.  If action by the Union should prove necessary to facilitate the exercise of the right referred to in Article 20(2)(a), and if the Treaties have not provided the necessary powers, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt provisions concerning passports, identity cards, residence permits or any other such document.

Amendment 100

Treaty on the Functioning of the European Union

Article 78 – paragraph 3

Present text

Amendment

3.  In the event of one or more Member States being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission, may adopt provisional measures for the benefit of the Member State(s) concerned. It shall act after consulting the European Parliament.

3.  In the event of one or more Member States being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission, may adopt provisional measures for the benefit of the Member State(s) concerned. It shall act on the initiative of or after consulting the European Parliament.

Amendment 101

Treaty on the Functioning of the European Union

Article 79 – paragraph 1

Present text

Amendment

1.  The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings.

1.  The Union shall develop a common immigration policy that takes into account the economic and social stability of Member States and is aimed at ensuring, at all stages, the ability to meet labour demands of the single market in support of the economic situation in the Member States, as well as efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings.

Amendment 102

Treaty on the Functioning of the European Union

Article 79 – paragraph 2 – point a

Present text

Amendment

(a)  the conditions of entry and residence, and standards on the issue by Member States of long-term visas and residence permits, including those for the purpose of family reunification;

(a)  the minimum conditions for entry, residence and minimum standards for the issue by Member States of long-term visas and residence permits, including those for the purpose of family reunification;

Amendment 103

Treaty on the Functioning of the European Union

Article 81 – paragraph 3 – subparagraph 1

Present text

Amendment

Notwithstanding paragraph 2, measures concerning family law with cross-border implications shall be established by the Council, acting in accordance with a special legislative procedure. The Council shall act unanimously after consulting the European Parliament.

Notwithstanding paragraph 2, measures concerning family law with cross-border implications shall be established by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure.

Amendment 104

Treaty on the Functioning of the European Union

Article 81 – paragraph 3 – subparagraph 2

Present text

Amendment

The Council, on a proposal from the Commission, may adopt a decision determining those aspects of family law with cross-border implications which may be the subject of acts adopted by the ordinary legislative procedure. The Council shall act unanimously after consulting the European Parliament.

The European Parliament and the Council, on a proposal from the Commission, may adopt, in accordance with the ordinary legislative procedure, a decision determining those aspects of family law with cross-border implications which may be the subject of acts adopted by the ordinary legislative procedure.

Amendment 105

Treaty on the Functioning of the European Union

Article 81 – paragraph 3 – subparagraph 3

Present text

Amendment

The proposal referred to in the second subparagraph shall be notified to the national Parliaments. If a national Parliament makes known its opposition within six months of the date of such notification, the decision shall not be adopted. In the absence of opposition, the Council may adopt the decision.

deleted

Amendment 106

Treaty on the Functioning of the European Union

Article 83 – paragraph 1 – subparagraph 2

Present text

Amendment

These areas of crime are the following: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.

These areas of crime are the following: terrorism, trafficking in human beings and sexual exploitation of women and children, gender-based violence, environmental crime, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.

Amendment 107

Treaty on the Functioning of the European Union

Article 83 – paragraph 1 – subparagraph 3

Present text

Amendment

On the basis of developments in crime, the Council may adopt a decision identifying other areas of crime that meet the criteria specified in this paragraph. It shall act unanimously after obtaining the consent of the European Parliament.

On the basis of developments in crime, the European Parliament, acting by a majority of its component Members, and the Council, acting by a reinforced qualified majority as defined in Article 16(4b) of the Treaty on European Union, may identify other areas of crime that meet the criteria specified in this paragraph.

Amendment 108

Treaty on the Functioning of the European Union

Article 86 – paragraph 1

Present text

Amendment

1.   In order to combat crimes affecting the financial interests of the Union, the Council, by means of regulations adopted in accordance with a special legislative procedure, may establish a European Public Prosecutor's Office from Eurojust. The Council shall act unanimously after obtaining the consent of the European Parliament.

1.   The European Public Prosecutor's Office from Eurojust shall combat crimes affecting the financial interests of the Union. The European Parliament and the Council, acting by means of regulations adopted in accordance with the ordinary legislative procedure, shall lay down rules concerning its functioning.

In the absence of unanimity in the Council, a group of at least nine Member States may request that the draft regulation be referred to the European Council. In that case, the procedure in the Council shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council for adoption.

 

Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft regulation concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 20(2) of the Treaty on European Union and Article 329(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.

 

Amendment 109

Treaty on the Functioning of the European Union

Article 86 – paragraph 4

Present text

Amendment

4.  The European Council may, at the same time or subsequently, adopt a decision amending paragraph 1 in order to extend the powers of the European Public Prosecutor's Office to include serious crime having a cross-border dimension and amending accordingly paragraph 2 as regards the perpetrators of, and accomplices in, serious crimes affecting more than one Member State. The European Council shall act unanimously after obtaining the consent of the European Parliament and after consulting the Commission.

4.  The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may, at the same time or subsequently, adopt a decision amending paragraph 1 in order to extend the powers of the European Public Prosecutor's Office to include serious crime having a cross-border dimension and amending accordingly paragraph 2 as regards the perpetrators of, and accomplices in, serious crimes affecting more than one Member State.

Amendment 110

Treaty on the Functioning of the European Union

Article 87 – paragraph 3 – subparagraph 1

Present text

Amendment

The Council, acting in accordance with a special legislative procedure, may establish measures concerning operational cooperation between the authorities referred to in this Article. The Council shall act unanimously after consulting the European Parliament.

The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures concerning operational cooperation between the authorities referred to in this Article.

Amendment 111

Treaty on the Functioning of the European Union

Article 87 – paragraph 3 – subparagraph 2

Present text

Amendment

In case of the absence of unanimity in the Council, a group of at least nine Member States may request that the draft measures be referred to the European Council. In that case, the procedure in the Council shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council for adoption.

A group of at least nine Member States may request that the draft measures be referred to the European Council. In that case, the procedure in the Council shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council for adoption.

Amendment 112

Treaty on the Functioning of the European Union

Article 108 – paragraph 1

Present text

Amendment

1.  The Commission shall, in cooperation with Member States, keep under constant review all systems of aid existing in those States. It shall propose to the latter any appropriate measures required by the progressive development or by the functioning of the internal market.

1.  The Commission shall, in cooperation with Member States, keep under constant review all systems of aid existing in those States, while respecting the Union’s objectives as set out in Article 3 of the Treaty on European Union. It shall propose to the latter any appropriate measures required by the progressive development, by the realisation of these objectives or by the functioning of the internal market.

Amendment 113

Treaty on the Functioning of the European Union

Article 115

Present text

Amendment

Without prejudice to Article 114, the Council shall, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament and the Economic and Social Committee, issue directives for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the internal market.

Without prejudice to Article 114, the European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, issue directives for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the internal market.

Amendment 114

Treaty on the Functioning of the European Union

Article 119 – paragraph 1

Present text

Amendment

1.  For the purposes set out in Article 3 of the Treaty on European Union, the activities of the Member States and the Union shall include, as provided in the Treaties, the adoption of an economic policy which is based on the close coordination of Member States' economic policies, on the internal market and on the definition of common objectives, and conducted in accordance with the principle of an open market economy with free competition.

1.  For the purposes set out in Article 3 of the Treaty on European Union, the activities of the Member States and the Union shall include, as provided in the Treaties, the adoption of an economic policy which is based on the close coordination of Member States' economic policies, on the internal market and on the definition of common objectives, and conducted in accordance with the principle of an open market economy with free competition that aims to achieve full employment and social progress.

Amendment 115

Treaty on the Functioning of the European Union

Article 121 – paragraph 2 – subparagraph 1

Present text

Amendment

The Council shall, on a recommendation from the Commission, formulate a draft for the broad guidelines of the economic policies of the Member States and of the Union, and shall report its findings to the European Council.

The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall, on a recommendation from the Commission and after consulting the social partners, formulate a draft for the broad guidelines of the economic policies of the Member States and of the Union, and shall report its findings to the European Council.

Amendment 116

Treaty on the Functioning of the European Union

Article 121 – paragraph 2 – subparagraph 3

Present text

Amendment

On the basis of this conclusion, the Council shall adopt a recommendation setting out these broad guidelines. The Council shall inform the European Parliament of its recommendation.

On the basis of this conclusion, the European Parliament and the Council shall adopt a recommendation setting out these broad guidelines.

Amendment 117

Treaty on the Functioning of the European Union

Article 121 – paragraph 3 – subparagraph 1

Present text

Amendment

In order to ensure closer coordination of economic policies and sustained convergence of the economic performances of the Member States, the Council shall, on the basis of reports submitted by the Commission, monitor economic developments in each of the Member States and in the Union as well as the consistency of economic policies with the broad guidelines referred to in paragraph 2, and regularly carry out an overall assessment.

In order to ensure closer coordination of economic policies and sustained convergence of the economic performances of the Member States, the European Parliament and the Council shall, on the basis of reports submitted by the Commission and following consultation with the social partners, monitor economic developments in each of the Member States and in the Union as well as the consistency of economic policies with the broad guidelines referred to in paragraph 2, and regularly carry out an overall assessment.

Amendment 118

Treaty on the Functioning of the European Union

Article 121 – paragraph 4 – subparagraph 1

Present text

Amendment

Where it is established, under the procedure referred to in paragraph 3, that the economic policies of a Member State are not consistent with the broad guidelines referred to in paragraph 2 or that they risk jeopardising the proper functioning of economic and monetary union, the Commission may address a warning to the Member State concerned. The Council, on a recommendation from the Commission, may address the necessary recommendations to the Member State concerned. The Council may, on a proposal from the Commission, decide to make its recommendations public.

Where it is established, under the procedure referred to in paragraph 3, that the economic policies of a Member State are not consistent with the broad guidelines referred to in paragraph 2 or that they risk jeopardising the proper functioning of economic and monetary union, the Commission may address a warning to the Member State concerned. The Council, on a recommendation from the Commission, may address the necessary recommendations to the Member State concerned. The European Parliament and the Council may, on a proposal from the Commission, decide to make Council’s recommendations public.

Amendment 119

Treaty on the Functioning of the European Union

Article 122 – paragraph 1

Present text

Amendment

1.  Without prejudice to any other procedures provided for in the Treaties, the Council, on a proposal from the Commission, may decide, in a spirit of solidarity between Member States, upon the measures appropriate to the economic situation, in particular if severe difficulties arise in the supply of certain products, notably in the area of energy.

deleted

Amendment 120

Treaty on the Functioning of the European Union

Article 122 – paragraph 2

Present text

Amendment

2.  Where a Member State is in difficulties or is seriously threatened with severe difficulties caused by natural disasters or exceptional occurrences beyond its control, the Council, on a proposal from the Commission, may grant, under certain conditions, Union financial assistance to the Member State concerned. The President of the Council shall inform the European Parliament of the decision taken.

deleted

Amendment 121

Treaty on the Functioning of the European Union

Article 126 – paragraph 1 a (new)

Present text

Amendment

 

1a.  Member States shall ensure that the necessary investments are made in order to achieve the European economic, social, environmental and security objectives.

Amendment 122

Treaty on the Functioning of the European Union

Article 126 – paragraph 14 – subparagraph 2

Present text

Amendment

The Council shall, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament and the European Central Bank, adopt the appropriate provisions which shall then replace the said Protocol.

The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the European Central Bank, shall adopt the appropriate provisions which shall then replace the said Protocol.

Amendment 123

Treaty on the Functioning of the European Union

Article 126 – paragraph 14 – subparagraph 3

Present text

Amendment

Subject to the other provisions of this paragraph, the Council shall, on a proposal from the Commission and after consulting the European Parliament, lay down detailed rules and definitions for the application of the provisions of the said Protocol.

Subject to the other provisions of this paragraph, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall, on a proposal from the Commission lay down detailed rules and definitions for the application of the provisions of the said Protocol.

Amendment 124

Treaty on the Functioning of the European Union

Article 148 – paragraph 1

Present text

Amendment

1.  The European Council shall each year consider the employment situation in the Union and adopt conclusions thereon, on the basis of a joint annual report by the Council and the Commission.

1.  The European Parliament and the European Council shall each year consider the employment situation in the Union and adopt conclusions thereon, on the basis of an annual report by the Commission containing information from the reports referred to in paragraph 3.

Amendment 125

Treaty on the Functioning of the European Union

Article 148 – paragraph 2

Present text

Amendment

2.  On the basis of the conclusions of the European Council, the Council, on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee, the Committee of the Regions and the Employment Committee referred to in Article 150, shall each year draw up guidelines which the Member States shall take into account in their employment policies. These guidelines shall be consistent with the broad guidelines adopted pursuant to Article 121(2).

2.  On the basis of the conclusions of the European Parliament and of the European Council, the European Parliament and the Council, on a proposal from the Commission and after consulting the Economic and Social Committee, the Committee of the Regions and the Employment Committee referred to in Article 150, shall each year draw up guidelines which the Member States shall take into account in their employment policies. These guidelines shall complement the broad guidelines adopted pursuant to Article 121(2) and aim to ensure the implementation of the principles and rights included in the European Pillar of Social Rights proclaimed by the European Parliament, the Council and the Commission in 2017 at the Gothenburg Summit.

Amendment 126

Treaty on the Functioning of the European Union

Article 148 – paragraph 3

Present text

Amendment

3.  Each Member State shall provide the Council and the Commission with an annual report on the principal measures taken to implement its employment policy in the light of the guidelines for employment as referred to in paragraph 2.

3.  Each Member State shall provide the Commission with an annual report on the principal measures taken to implement its employment policy in the light of the guidelines for employment as referred to in paragraph 2.

Amendment 127

Treaty on the Functioning of the European Union

Article 148 – paragraph 4

Present text

Amendment

4.  The Council, on the basis of the reports referred to in paragraph 3 and having received the views of the Employment Committee, shall each year carry out an examination of the implementation of the employment policies of the Member States in the light of the guidelines for employment. The Council, on a recommendation from the Commission, may, if it considers it appropriate in the light of that examination, make recommendations to Member States.

4.  The European Parliament and the Council, on the basis of the reports referred to in paragraph 3, shall each year carry out an examination of the implementation of the employment policies of the Member States in the light of the guidelines for employment. The European Parliament and the Council, on a recommendation from the Commission, may, if they consider it appropriate in the light of that examination, make recommendations to Member States.

Amendment 128

Treaty on the Functioning of the European Union

Article 148 – paragraph 5

Present text

Amendment

5.  On the basis of the results of that examination, the Council and the Commission shall make a joint annual report to the European Council on the employment situation in the Union and on the implementation of the guidelines for employment.

5.  On the basis of the results of that examination, the Commission shall make an annual report to the European Parliament and to the European Council on the employment situation in the Union and on the implementation of the guidelines for employment.

Amendment 129

Treaty on the Functioning of the European Union

Article 151 – paragraph 1

Present text

Amendment

The Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.

The Union and the Member States, having in mind fundamental social rights such as those set out in the revised European Social Charter signed at Strasbourg on 3 May 1996, in the 1989 Community Charter of the Fundamental Social Rights of Workers, in the European Pillar of Social Rights and in the Charter of Fundamental Rights of the European Union, shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.

Amendment 130

Treaty on the Functioning of the European Union

Article 151 – paragraph 1 a (new)

Present text

Amendment

 

Specific provisions relating to the definition and implementation of social progress and the relation between fundamental social rights and other Union policies shall be defined in a protocol on Social Progress in the European Union annexed to the Treaties.

Amendment 131

Treaty on the Functioning of the European Union

Article 153 – paragraph 1 – point b a (new)

Present text

Amendment

 

(ba)  just transition and anticipation of change;

Amendment 132

Treaty on the Functioning of the European Union

Article 153 – paragraph 1 – point e

Present text

Amendment

(e)  the information and consultation of workers;

(e)  the information, consultation and participation of workers;

Amendment 133

Treaty on the Functioning of the European Union

Article 153 – paragraph 1 – point i

Present text

Amendment

(i)  equality between men and women with regard to labour market opportunities and treatment at work;

(i)  the promotion of gender equality with regard to labour market opportunities and treatment at work;

Amendment 134

Treaty on the Functioning of the European Union

Article 153 – paragraph 1 – point j

Present text

Amendment

(j)  the combating of social exclusion;

(j)  the combating of poverty and social exclusion, and the supporting of social housing;

Amendment 135

Treaty on the Functioning of the European Union

Article 153 – paragraph 2 – subparagraph 1 – point b

Present text

Amendment

(b)  may adopt, in the fields referred to in paragraph 1(a) to (i), by means of directives, minimum requirements for gradual implementation, having regard to the conditions and technical rules obtaining in each of the Member States. Such directives shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.

(b)  may adopt, in the fields referred to in paragraph 1(a) to (k), by means of directives, minimum requirements for gradual implementation, having regard to the conditions and technical rules obtaining in each of the Member States. Such directives shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.

Amendment 136

Treaty on the Functioning of the European Union

Article 153 – paragraph 2 – subparagraph 3

Present text

Amendment

In the fields referred to in paragraph 1(c), (d), (f) and (g), the Council shall act unanimously, in accordance with a special legislative procedure, after consulting the European Parliament and the said Committees.

deleted

Amendment 137

Treaty on the Functioning of the European Union

Article 153 – paragraph 2 – subparagraph 4

Present text

Amendment

The Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament, may decide to render the ordinary legislative procedure applicable to paragraph 1(d), (f) and (g).

deleted

Amendment 138

Treaty on the Functioning of the European Union

Article 153 – paragraph 4 – indent 1 a (new)

Present text

Amendment

 

—  shall not constitute valid grounds for lowering the level of protection already accorded to workers in the Member States,

Amendment 139

Treaty on the Functioning of the European Union

Article 157 – paragraph 1

Present text

Amendment

1.  Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied.

1.  Each Member State shall ensure that the principle of equal pay for all workers, regardless of their gender, for equal work or work of equal value is applied.

Amendment 140

Treaty on the Functioning of the European Union

Article 157 – paragraph 2 – subparagraph 2 – introductory part

Present text

Amendment

Equal pay without discrimination based on sex means:

Equal pay without discrimination based on gender means:

Amendment 141

Treaty on the Functioning of the European Union

Article 157 – paragraph 3

Present text

Amendment

3.  The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, and after consulting the Economic and Social Committee, shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.

3.  The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, and after consulting the Economic and Social Committee, shall adopt measures to ensure the application of the principles of equal opportunities and gender equality in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.

Amendment 142

Treaty on the Functioning of the European Union

Article 157 – paragraph 4

Present text

Amendment

4.  With a view to ensuring full equality in practice between men and women in working life, the principle of equal treatment shall not prevent any Member State from maintaining or adopting measures providing for specific advantages in order to make it easier for the underrepresented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers.

4.  With a view to ensuring full gender equality in practice in working life, the principle of equal treatment shall not prevent any Member State from maintaining or adopting measures providing for specific advantages in order to make it easier for underrepresented genders in all their diversity to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers.

Amendment 143

Treaty on the Functioning of the European Union

Article 165 – paragraph 2 – indent -1 (new)

Present text

Amendment

 

—  developing common objectives and standards of an education that promotes democratic values and the rule of law as well as digital and economic literacy,

Amendment 144

Treaty on the Functioning of the European Union

Article 165 – paragraph 2 – indent 3

Present text

Amendment

—  promoting cooperation between educational establishments,

—  promoting cooperation and coherence between educational systems while guaranteeing cultural traditions and regional diversity,

Amendment 145

Treaty on the Functioning of the European Union

Article 166 – paragraph 1

Present text

Amendment

1.  The Union 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 organisation of vocational training.

1.  The Union and the Member States shall, after consulting the social partners, implement measures to enhance vocational training policies, which take account of the diverse forms of national practices.

Amendment 146

Treaty on the Functioning of the European Union

Article 166 – paragraph 2 – indent 2

Present text

Amendment

—  improve initial and continuing vocational training in order to facilitate vocational integration and reintegration into the labour market,

—  develop common standards on vocational training and improve initial and continuing vocational training in order to facilitate vocational integration and reintegration into the labour market, and to increase the mobility of workers in the Union,

Amendment 147

Treaty on the Functioning of the European Union

Article 168 – paragraph 1 – subparagraph 2

Present text

Amendment

Union action, which shall complement national policies, shall be directed towards improving public health, preventing physical and mental illness and diseases, and obviating sources of danger to physical and mental health. Such action shall cover the fight against the major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health information and education, and monitoring, early warning of and combating serious cross-border threats to health.

Union action, which shall complement national policies, shall be directed towards improving public health, preventing physical and mental illness and diseases, and obviating sources of danger to physical and mental health. Such action shall cover the fight against the major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health information and education, and monitoring, early warning of and combating serious cross-border threats to health in line with an integrated, unified approach in order to balance and optimise the health of people, animals and the environment.

Amendment 148

Treaty on the Functioning of the European Union

Article 168 – paragraph 4 – point b

Present text

Amendment

(b)  measures in the veterinary and phytosanitary fields which have as their direct objective the protection of public health;

(b)  measures in the veterinary, animal welfare and phytosanitary fields which have as their direct objective the protection of public health;

Amendment 149

Treaty on the Functioning of the European Union

Article 168 – paragraph 4 – point c a (new)

Present text

Amendment

 

(ca)   measures setting common indicators on universal and equal access to affordable and high-quality health care services, including sexual and reproductive health and rights;

Amendment 150

Treaty on the Functioning of the European Union

Article 168 – paragraph 4 – point c b (new)

Present text

Amendment

 

(cb)   measures for the early notification, monitoring and management of serious cross-border threats to health, in particular in the event of pandemics. These measures shall not prevent Member States from maintaining or adopting reinforced protective measures where these are imperative;

Amendment 151

Treaty on the Functioning of the European Union

Article 168 – paragraph 4 – point c c (new)

Present text

Amendment

 

(cc)   measures for monitoring and coordinating access to common diagnostics, information and the treatment of communicable and non-communicable diseases, including rare diseases.

Amendment 152

Treaty on the Functioning of the European Union

Article 179 – paragraph 1

Present text

Amendment

1.  The Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties.

1.  The Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties and respecting and promoting academic freedom and the freedom to conduct scientific research and teach.

Amendment 153

Treaty on the Functioning of the European Union

Article 189 – paragraph 1

Present text

Amendment

1.  To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.

1.  To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a common European space policy and strategy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.

Amendment 154

Treaty on the Functioning of the European Union

Article 189 – paragraph 2

Present text

Amendment

2.  To contribute to attaining the objectives referred to in paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the necessary measures, which may take the form of a European space programme, excluding any harmonisation of the laws and regulations of the Member States.

2.  To contribute to attaining the objectives referred to in paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the necessary measures, which may take the form of a European space programme, working towards a common framework for space activities and ratifying existing international treaties.

Amendment 155

Treaty on the Functioning of the European Union

Article 191 – paragraph -1 (new)

Present text

Amendment

 

-1.  Mindful of its responsibility towards future generations, the European Union, acting in accordance with the Treaties, shall protect the natural foundations of life and animals by Union law, including by executive and judicial action.

Amendment 156

Treaty on the Functioning of the European Union

Article 191 – paragraph 1 – indent 4

Present text

Amendment

—  promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.

—  promoting measures at Union and international level to deal with regional or worldwide environmental problems, and in particular combating climate change, protecting biodiversity, and implementing the Union's international obligations.

Amendment 157

Treaty on the Functioning of the European Union

Article 191 – paragraph 2 – subparagraph 1

Present text

Amendment

Union 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 Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.

Union 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 Union. It shall be based on the one health approach and on the precautionary principle, as well as on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.

Amendment 158

Treaty on the Functioning of the European Union

Article 191 – paragraph 3 – indent 2 a (new)

Present text

Amendment

 

—   the risk to cross planetary boundaries, applying a precautionary principle,

Amendment 159

Treaty on the Functioning of the European Union

Article 191 a (new)

Present text

Amendment

 

Article 191a

 

1.  The Union shall, in line with its international obligations, pursue efforts to limit the global temperature increase and adhere to the objective of balancing Union-wide greenhouse gas emissions and removals to achieve negative emissions.

 

2.  In the context of the adoption of any draft measure or legislative proposal, including budgetary proposals, the Commission shall endeavour to align those draft measures and proposals with the objectives referred to in paragraph 1. In the event of non-compliance, the Commission shall provide the reasons for that failure to align as part of the impact assessment accompanying the relevant proposal.

Amendment 160

Treaty on the Functioning of the European Union

Article 192 – paragraph 2

Present text

Amendment

2.  By way of derogation from the decision-making procedure provided for in paragraph 1 and without prejudice to Article 114, the Council acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt:

deleted

(a)   provisions primarily of a fiscal nature;

 

(b)   measures affecting:

 

—   town and country planning,

 

—   quantitative management of water resources or affecting, directly or indirectly, the availability of those resources,

 

—   land use, with the exception of waste management;

 

(c)   measures significantly affecting a Member State's choice between different energy sources and the general structure of its energy supply.

 

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, may make the ordinary legislative procedure applicable to the matters referred to in the first subparagraph.

 

Amendment 161

Treaty on the Functioning of the European Union

Article 192 – paragraph 3

Present text

Amendment

3.  General action programmes setting out priority objectives to be attained shall be adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions.

deleted

The measures necessary for the implementation of these programmes shall be adopted under the terms of paragraph 1 or 2, as the case may be.

 

Amendment 162

Treaty on the Functioning of the European Union

Article 194 – paragraph 1 – introductory part

Present text

Amendment

1.  In the context of the establishment and functioning of the internal market and with regard for the need to preserve and improve the environment, Union policy on energy shall aim, in a spirit of solidarity between Member States, to:

1.  In the context of the establishment and functioning of the internal market and with regard for the need to preserve and improve the environment, the common energy policy of the Union shall aim, in a spirit of solidarity between Member States, to:

Amendment 163

Treaty on the Functioning of the European Union

Article 194 – paragraph 1 – point b

Present text

Amendment

(b)  ensure security of energy supply in the Union;

(b)  ensure the security and affordability of the energy supply for everyone in the Union;

Amendment 164

Treaty on the Functioning of the European Union

Article 194 – paragraph 1 – point c

Present text

Amendment

(c)  promote energy efficiency and energy saving and the development of new and renewable forms of energy; and

(c)  ensure energy efficiency and energy saving and the development of new and renewable forms of energy in order to achieve an energy system based on energy efficiency and renewable energies; and

Amendment 165

Treaty on the Functioning of the European Union

Article 194 – paragraph 1 – point d

Present text

Amendment

(d)  promote the interconnection of energy networks.

(d)  ensure the interconnection of energy networks;

Amendment 166

Treaty on the Functioning of the European Union

Article 194 – paragraph 1 – point d a (new)

Present text

Amendment

 

(da)  design the overall energy system in line with international agreements to mitigate climate change.

Amendment 167

Treaty on the Functioning of the European Union

Article 194 – paragraph 2 – subparagraph 2

Present text

Amendment

Such measures shall not affect a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article 192(2)(c).

deleted

Amendment 168

Treaty on the Functioning of the European Union

Article 194 – paragraph 3

Present text

Amendment

3.  By way of derogation from paragraph 2, the Council, acting in accordance with a special legislative procedure, shall unanimously and after consulting the European Parliament, establish the measures referred to therein when they are primarily of a fiscal nature.

deleted

Amendment 169

Treaty on the Functioning of the European Union

Article 206

Present text

Amendment

By establishing a customs union in accordance with Articles 28 to 32, the Union shall contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.

By establishing a customs union in accordance with Articles 28 to 32, the Union shall contribute, in the common interest, to the harmonious development of rule-based, multilateral world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers while promoting, in particular, democratic values, good governance, human rights and sustainability in the common commercial policy.

Amendment 170

Treaty on the Functioning of the European Union

Article 207 – paragraph 1

Present text

Amendment

1.  The common commercial policy shall be based on uniform principles, particularly with regard to changes in tariff rates, the conclusion of tariff and trade agreements relating to trade in goods and services, and the commercial aspects of intellectual property, foreign direct investment, the achievement of uniformity in measures of liberalisation, export policy and measures to protect trade such as those to be taken in the event of dumping or subsidies. The common commercial policy shall be conducted in the context of the principles and objectives of the Union's external action.

1.  The common commercial policy shall be based on uniform principles, particularly with regard to changes in tariff rates, the conclusion of tariff and trade agreements relating to trade in goods and services, and the commercial aspects of intellectual property, foreign investment, including investment protection, economic security, the achievement of uniformity in measures of liberalisation, export policy and measures to protect trade such as those to be taken in the event of dumping or subsidies. The common commercial policy shall be conducted in the context of the principles and objectives of the Union's external action, as well as its climate-neutrality objective.

Amendment 171

Treaty on the Functioning of the European Union

Article 207 – paragraph 3 – subparagraph 2

Present text

Amendment

The Commission shall make recommendations to the Council, which shall authorise it to open the necessary negotiations. The Council and the Commission shall be responsible for ensuring that the agreements negotiated are compatible with internal Union policies and rules.

The European Parliament and the Council shall, upon a recommendation by the Commission, authorise the Commission to open the necessary negotiations. The Commission shall be responsible for ensuring that the agreements negotiated are compatible with internal Union policies and rules.

Amendment 172

Treaty on the Functioning of the European Union

Article 207 – paragraph 3 – subparagraph 3

Present text

Amendment

The Commission shall conduct these negotiations in consultation with a special committee appointed by the Council to assist the Commission in this task and within the framework of such directives as the Council may issue to it. The Commission shall report regularly to the special committee and to the European Parliament on the progress of negotiations.

The Commission shall conduct these negotiations in consultation with a competent committee of the European Parliament and a special committee appointed by the Council to assist the Commission in this task and within the framework of such directives as Council may issue to it. The Commission shall report regularly to the competent committee of the European Parliament and to the special committee appointed by the Council on the progress of negotiations.

Amendment 173

Treaty on the Functioning of the European Union

Article 207 – paragraph 3 – subparagraph 3 a (new)

Present text

Amendment

 

By way of derogation from Article 218(5), the European Parliament and the Council may adopt a decision authorising the provisional application of an agreement before its entry into force.

Amendment 174

Treaty on the Functioning of the European Union

Article 207 – paragraph 4 – subparagraph 1

Present text

Amendment

For the negotiation and conclusion of the agreements referred to in paragraph 3, the Council shall act by a qualified majority.

For the negotiation and conclusion of the agreements referred to in paragraph 3, the Council shall act by a simple majority.

Amendment 175

Treaty on the Functioning of the European Union

Article 207 – paragraph 4 – subparagraph 2

Present text

Amendment

For the negotiation and conclusion of agreements in the fields of trade in services and the commercial aspects of intellectual property, as well as foreign direct investment, the Council shall act unanimously where such agreements include provisions for which unanimity is required for the adoption of internal rules.

For the negotiation and conclusion of agreements in the fields of trade in services and the commercial aspects of intellectual property, as well as foreign direct investment, the Council shall act by a qualified majority.

Amendment 176

Treaty on the Functioning of the European Union

Article 207 – paragraph 4 – subparagraph 3 – introductory part

Present text

Amendment

The Council shall also act unanimously for the negotiation and conclusion of agreements:

The Council shall also act by a qualified majority for the negotiation and conclusion of agreements:

Amendment 177

Treaty on the Functioning of the European Union

Article 207 – paragraph 5 a (new)

Present text

Amendment

 

5a.  A permanent mechanism to monitor and examine foreign direct investment in the Union shall be established. This mechanism may be used to protect the European interest.

Amendment 178

Treaty on the Functioning of the European Union

Article 218 – paragraph 2

Present text

Amendment

2.  The Council shall authorise the opening of negotiations, adopt negotiating directives, authorise the signing of agreements and conclude them.

2.  The Council shall, after obtaining the consent of the European Parliament, authorise the opening of negotiations, adopt negotiating directives, authorise the signing of agreements and conclude them.

Amendment 179

Treaty on the Functioning of the European Union

Article 218 – paragraph 2 a (new)

Present text

Amendment

 

2a.  By way of derogation from paragraph 2, for agreements falling within the scope of Article 207, the opening of negotiations shall be conditional upon authorisation by the European Parliament and the Council.

Amendment 180

Treaty on the Functioning of the European Union

Article 218 – paragraph 6 – subparagraph 2 – introductory part

Present text

Amendment

Except where agreements relate exclusively to the common foreign and security policy, the Council shall adopt the decision concluding the agreement:

Except where agreements relate exclusively to the common foreign and security policy, the Council shall adopt the decision concluding the agreement after obtaining the consent of the European Parliament.

Amendment 181

Treaty on the Functioning of the European Union

Article 218 – paragraph 6 – subparagraph 2 – point a

Present text

Amendment

(a)  after obtaining the consent of the European Parliament in the following cases:

deleted

(i)  association agreements;

 

(ii)  agreement on Union accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms;

 

(iii)  agreements establishing a specific institutional framework by organising cooperation procedures;

 

(iv)  agreements with important budgetary implications for the Union;

 

(v)  agreements covering fields to which either the ordinary legislative procedure applies, or the special legislative procedure where consent by the European Parliament is required.

 

The European Parliament and the Council may, in an urgent situation, agree upon a time-limit for consent.

 

Amendment 182

Treaty on the Functioning of the European Union

Article 218 – paragraph 6 – subparagraph 2 – point b

Present text

Amendment

(b)  after consulting the European Parliament in other cases. The European Parliament shall deliver its opinion within a time-limit which the Council may set depending on the urgency of the matter. In the absence of an opinion within that time-limit, the Council may act.

deleted

Amendment 183

Treaty on the Functioning of the European Union

Article 218 – paragraph 7

Present text

Amendment

7.   When concluding an agreement, the Council may, by way of derogation from paragraphs 5, 6 and 9, authorise the negotiator to approve on the Union's behalf modifications to the agreement where it provides for them to be adopted by a simplified procedure or by a body set up by the agreement. The Council may attach specific conditions to such authorisation.

7.  When concluding an agreement, the European Parliament and the Council may, by way of derogation from paragraphs 5, 6 and 9, authorise the negotiator to approve on the Union's behalf modifications to the agreement where it provides for them to be adopted by a simplified procedure or by a body set up by the agreement. The Council may attach specific conditions to such authorisation.

Amendment 184

Treaty on the Functioning of the European Union

Article 218 – paragraph 9

Present text

Amendment

9.  The Council, on a proposal from the Commission or the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt a decision suspending application of an agreement and establishing the positions to be adopted on the Union's behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.

9.  The Council, on a proposal from the Commission or the Union Secretary for Foreign Affairs and Security Policy, and after obtaining the consent of the European Parliament, shall adopt a decision suspending application of an agreement and establishing the positions to be adopted on the Union's behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.

 

(The amendment of the words “High Representative of the Union” applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment 185

Treaty on the Functioning of the European Union

Article 218 – paragraph 10

Present text

Amendment

10.  The European Parliament shall be immediately and fully informed at all stages of the procedure.

10.  The European Parliament shall be immediately and fully informed at all stages of the procedure, including the opening of and the process of negotiations, signature and implementation of the agreements, as well as suspension of the obligations laid down in those agreements.

Amendment 186

Treaty on the Functioning of the European Union

Article 222 – paragraph -1 (new)

Present text

Amendment

 

-1.  In the event of an emergency affecting the European Union or one or more Member States, the European Parliament and the Council may grant the Commission extraordinary powers, including those to enable it to mobilise all necessary instruments. In order for an emergency to be declared, the European Parliament shall act by a majority of its component members and the Council shall act by a qualified majority, on a proposal from the European Parliament or the Commission.

 

That decision, by which an emergency is declared and extraordinary powers are granted to the Commission, shall define the scope of the powers, the detailed governance arrangements and the period during which they apply.

 

The European Parliament or the Council, acting by a simple majority, may revoke the decision at any time.

 

The Council and the Parliament may, in accordance with the procedure set out in the first subparagraph, review or renew the decision at any time.

Amendment 187

Treaty on the Functioning of the European Union

Article 223 – paragraph 1

Present text

Amendment

1.  The European Parliament shall draw up a proposal to lay down the provisions necessary for the election of its Members by direct universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to all Member States.

1.  The European Parliament shall draw up a proposal for a regulation to lay down the provisions necessary for the election of its Members by direct universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to all Member States. The Council may reject that proposal by a qualified majority in accordance with a special legislative procedure.

The Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, which shall act by a majority of its component Members, shall lay down the necessary provisions. These provisions shall enter into force following their approval by the Member States in accordance with their respective constitutional requirements.

The European Parliament, acting by a majority of its component Members in accordance with a special legislative procedure and after obtaining the consent of the Council, acting by a reinforced qualified majority, shall lay down the necessary provisions.

Amendment 188

Treaty on the Functioning of the European Union

Article 223 – paragraph 2

Present text

Amendment

2.  The European Parliament, acting by means of regulations on its own initiative in accordance with a special legislative procedure after seeking an opinion from the Commission and with the consent of the Council, shall lay down the regulations and general conditions governing the performance of the duties of its Members. All rules or conditions relating to the taxation of Members or former Members shall require unanimity within the Council.

2.  The European Parliament, acting by means of regulations on its own initiative in accordance with a special legislative procedure after seeking an opinion from the Commission and with the consent of the Council, shall lay down the regulations and general conditions governing the performance of the duties of its Members.

Amendment 189

Treaty on the Functioning of the European Union

Article 225

Present text

Amendment

The European Parliament may, acting by a majority of its component Members, request the Commission to submit any appropriate proposal on matters on which it considers that a Union act is required for the purpose of implementing the Treaties. If the Commission does not submit a proposal, it shall inform the European Parliament of the reasons.

The European Parliament may, in accordance with Article 294 and acting by a majority of its component Members, adopt proposals on matters to which the ordinary legislative procedure applies. Before doing so, it shall inform the Commission of its intentions.

Amendment 190

Treaty on the Functioning of the European Union

Article 226 – paragraph 1

Present text

Amendment

In the course of its duties, the European Parliament may, at the request of a quarter of its component Members, set up a temporary Committee of Inquiry to investigate, without prejudice to the powers conferred by the Treaties on other institutions or bodies, alleged contraventions or maladministration in the implementation of Union law, except where the alleged facts are being examined before a court and while the case is still subject to legal proceedings.

In the course of its duties, the European Parliament shall, at the request of a third of its component Members, set up a temporary Committee of Inquiry to investigate, without prejudice to the powers conferred by the Treaties on other institutions or bodies, alleged contraventions or maladministration in the implementation of Union law, except where the alleged facts are being examined before a court and while the case is still subject to legal proceedings. The Committee of Inquiry may summon any witness to participate in a hearing before it, if this is necessary in order for it to be able to fulfil its tasks.

Amendment 191

Treaty on the Functioning of the European Union

Article 226 – paragraph 3

Present text

Amendment

The detailed provisions governing the exercise of the right of inquiry shall be determined by the European Parliament, acting by means of regulations on its own initiative in accordance with a special legislative procedure, after obtaining the consent of the Council and the Commission.

The detailed provisions governing the exercise of the right of inquiry shall be determined by the European Parliament, and the Council, acting by a qualified majority, on a proposal from the European Parliament, and after consulting the Commission.

Amendment 192

Treaty on the Functioning of the European Union

Article 234 – paragraph 1

Present text

Amendment

If a motion of censure on the activities of the Commission is tabled before it, the European Parliament shall not vote thereon until at least three days after the motion has been tabled and only by open vote.

If a motion of collective censure of the activities of the Executive or a motion of individual censure of the activities of a member of the Executive is tabled before it, the European Parliament shall not vote thereon until at least three days after the motion has been tabled and only by open vote.

 

(The amendment of the words “the Commission” and “member of the Commission” applies throughout the text. Adopting this amendment will necessitate corresponding changes throughout.)

Amendment 193

Treaty on the Functioning of the European Union

Article 234 – paragraph 2

Present text

Amendment

If the motion of censure is carried by a two-thirds majority of the votes cast, representing a majority of the component Members of the European Parliament, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from duties that he or she carries out in the Commission. They shall remain in office and continue to deal with current business until they are replaced in accordance with Article 17 of the Treaty on European Union. 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.

If the motion of collective censure is adopted by a majority of the component Members of the European Parliament, the members of the Executive shall resign as a body and the Union Secretary for Foreign Affairs and Security Policy and the Union Secretary for Economic Governance shall resign from duties that they carry out in the Executive. They shall remain in office and continue to deal with current business until they are replaced in accordance with Article 17 of the Treaty on European Union. In this case, the term of office of the members of the Executive appointed to replace them shall expire on the date on which the term of office of the members of the Executive obliged to resign as a body would have expired.

Amendment 194

Treaty on the Functioning of the European Union

Article 245 – paragraph 2

Present text

Amendment

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 event of any breach of these obligations, the Court of Justice may, on application by the Council acting by a simple majority or the Commission, rule that the Member concerned be, according to the circumstances, either compulsorily retired in accordance with Article 247 or deprived of his right to a pension or other benefits in its stead.

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 event of any breach of these obligations, the Court of Justice may, on application by the European Parliament, by the Council acting by a simple majority or by the Commission, rule that the Member concerned be, according to the circumstances, either compulsorily retired in accordance with Article 247 or deprived of his right to a pension or other benefits in its stead.

Amendment 195

Treaty on the Functioning of the European Union

Article 246 – paragraph 3

Present text

Amendment

The Council may, acting unanimously on a proposal from the President of the Commission, decide that such a vacancy need not be filled, in particular when the remainder of the Member's term of office is short.

The Council may, acting by a qualified majority on a proposal from the President of the Executive, decide that such a vacancy need not be filled, in particular when the remainder of the Member's term of office is short.

 

(The amendment of the words “President of the Commission” applies throughout the text. Adopting this amendment will necessitate corresponding changes throughout.)

Amendment 196

Treaty on the Functioning of the European Union

Article 247

Present text

Amendment

If any Member of the Commission no longer fulfils 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 acting by a simple majority or the Commission, compulsorily retire him.

If any Member of the Commission no longer fulfils 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 European Parliament, by the Council acting by a simple majority or by the Commission, compulsorily retire him.

Amendment 197

Treaty on the Functioning of the European Union

Article 258 – paragraph 1

Present text

Amendment

If the Commission considers that a Member State has failed to fulfil an obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations.

If the Commission considers that a Member State has failed to fulfil an obligation under the Treaties, it shall deliver a reasoned opinion on the matter within 12 months after giving the State concerned the opportunity to submit its observations.

Amendment 198

Treaty on the Functioning of the European Union

Article 258 – paragraph 2

Present text

Amendment

If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice of the European Union.

If the State concerned does not comply with the opinion within that period of 12 months, the Commission shall bring the matter before the Court of Justice of the European Union.

Amendment 199

Treaty on the Functioning of the European Union

Article 259 – paragraph 1

Present text

Amendment

A Member State which considers that another Member State has failed to fulfil an obligation under the Treaties may bring the matter before the Court of Justice of the European Union.

The European Parliament or a Member State which considers that a Member State has failed to fulfil an obligation under the Treaties may bring the matter before the Court of Justice of the European Union.

Amendment 200

Treaty on the Functioning of the European Union

Article 259 – paragraph 2

Present text

Amendment

Before a Member State brings an action against another Member State for an alleged infringement of an obligation under the Treaties, it shall bring the matter before the Commission.

Before the European Parliament or a Member State brings an action against a Member State for an alleged infringement of an obligation under the Treaties, it shall bring the matter before the Commission.

Amendment 201

Treaty on the Functioning of the European Union

Article 259 – paragraph 3

Present text

Amendment

The Commission shall deliver a reasoned opinion after each of the States concerned has been given the opportunity to submit its own case and its observations on the other party's case both orally and in writing.

The Commission shall deliver a reasoned opinion after each of the States concerned and, if relevant, the European Parliament have been given the opportunity to submit their own case and their observations on the other party's case both orally and in writing.

Amendment 202

Treaty on the Functioning of the European Union

Article 260 – paragraph 2 – subparagraph 1

Present text

Amendment

If the Commission considers that the Member State concerned has not taken the necessary measures to comply with the judgment of the Court, it may bring the case before the Court after giving that State the opportunity to submit its observations. 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 Commission considers that the Member State concerned has not taken the necessary measures to comply with the judgment of the Court, it shall bring the case before the Court, at the latest 12 months after the delivery of the judgment, after giving that State the opportunity to submit its observations. 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.

Amendment 203

Treaty on the Functioning of the European Union

Article 262

Present text

Amendment

Without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, may adopt provisions to confer jurisdiction, to the extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.

Without prejudice to the other provisions of the Treaties, the Council, acting by a qualified majority in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, may adopt provisions to confer jurisdiction, to the extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.

Amendment 204

Treaty on the Functioning of the European Union

Article 263 – paragraph 2

Present text

Amendment

It shall for this purpose have jurisdiction in actions brought by a Member State, the European Parliament, the Council or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Treaties, or of any rule of law relating to their application, or misuse of powers.

It shall for this purpose have jurisdiction in actions brought by a Member State, the European Parliament, the Council or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Treaties, or of any rule of law relating to their application, and in particular concerning the principle of subsidiarity, or misuse of powers.

Amendment 205

Treaty on the Functioning of the European Union

Article 263 – paragraph 4

Present text

Amendment

Any natural or legal person may, under the conditions laid down in the first and second paragraphs, institute proceedings against an act addressed to that person or which is of direct and individual concern to them, and against a regulatory act which is of direct concern to them and does not entail implementing measures.

Any natural or legal person may, under the conditions laid down in the first and second paragraphs, institute proceedings against an act addressed to that person or which is of direct concern to them, and against a regulatory act which is of direct concern to them and does not entail implementing measures.

Amendment 206

Treaty on the Functioning of the European Union

Article 275 – paragraph 2

Present text

Amendment

However, the Court shall have jurisdiction to monitor compliance with Article 40 of the Treaty on European Union and to rule on proceedings, brought in accordance with the conditions laid down in the fourth paragraph of Article 263 of this Treaty, reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council on the basis of Chapter 2 of Title V of the Treaty on European Union.

deleted

Amendment 207

Treaty on the Functioning of the European Union

Article 285 – paragraph 2

Present text

Amendment

It shall consist of one national of each Member State. Its Members shall be completely independent in the performance of their duties, in the Union's general interest.

It shall consist of a number of members, corresponding to two-thirds of the number of Member States, including its President. Its Members shall be completely independent in the performance of their duties, in the Union's general interest.

Amendment 208

Treaty on the Functioning of the European Union

Article 285 – paragraph 2 a (new)

Present text

Amendment

 

The members of the Court of Auditors shall be chosen from among the nationals of the Member States on the basis of a system of strictly equal rotation between the Member States, reflecting the demographic and geographical range of all the Member States. This system shall be established by a qualified majority by the European Council in accordance with Article 244.

Amendment 209

Treaty on the Functioning of the European Union

Article 286 – paragraph 2 – subparagraph 1

Present text

Amendment

The Members of the Court of Auditors shall be appointed for a term of six years. The Council, after consulting the European Parliament, shall adopt the list of Members drawn up in accordance with the proposals made by each Member State. The term of office of the Members of the Court of Auditors shall be renewable.

The Members of the Court of Auditors shall be appointed for a term of six years. The Council, after obtaining the consent of the European Parliament, shall adopt the list of Members drawn up in accordance with the proposals made by each Member State. The term of office of the Members of the Court of Auditors shall be renewable.

Amendment 210

Treaty on the Functioning of the European Union

Article 294 – paragraph 2

Present text

Amendment

2.  The Commission shall submit a proposal to the European Parliament and the Council.

2.  The Commission shall submit a proposal to the European Parliament and the Council. Where Article 225 applies, the European Parliament shall submit its proposal to the Council. The Commission shall be informed.

Amendment 211

Treaty on the Functioning of the European Union

Article 294 – paragraph 3

Present text

Amendment

3.  The European Parliament shall adopt its position at first reading and communicate it to the Council.

3.  The European Parliament shall adopt its position at first reading and communicate it to the Council. Where Article 225 applies, Parliament's proposal shall be considered to be its position at first reading.

Amendment 212

Treaty on the Functioning of the European Union

Article 294 – paragraph 4

Present text

Amendment

4.  If the Council approves the European Parliament's position, the act concerned shall be adopted in the wording which corresponds to the position of the European Parliament.

4.  If the Council approves the European Parliament's position or has not taken a decision within one year, the act concerned shall be adopted in the wording which corresponds to the position of the European Parliament.

Amendment 213

Treaty on the Functioning of the European Union

Article 294 – paragraph 7 – point b

Present text

Amendment

(b)  rejects, by a majority of its component members, the Council's position at first reading, the proposed act shall be deemed not to have been adopted;

(b)  rejects, by a majority of the votes cast, the Council's position at first reading, the proposed act shall be deemed not to have been adopted;

Amendment 214

Treaty on the Functioning of the European Union

Article 294 – paragraph 15 – subparagraph 1

Present text

Amendment

Where, in the cases provided for in the Treaties, a legislative act is submitted to the ordinary legislative procedure on the initiative of a group of Member States, on a recommendation by the European Central Bank, or at the request of the Court of Justice, paragraph 2, the second sentence of paragraph 6, and paragraph 9 shall not apply.

Where, in the cases provided for in the Treaties, a legislative act is submitted to the ordinary legislative procedure on the initiative of a group of Member States, on a European citizens’ initiative, on a recommendation by the European Central Bank, or at the request of the Court of Justice, paragraph 2, the second sentence of paragraph 6, and paragraph 9 shall not apply.

Amendment 215

Treaty on the Functioning of the European Union

Part Six – Title I – Chapter 2 a (new) – title

Present text

Amendment

 

CHAPTER 2a

 

THE APPLICATION OF THE PRINCIPLES OF SUBSIDIARITY AND PROPORTIONALITY

(Protocol (No 2) on the application of the principles of subsidiarity and proportionality is to be inserted in the TFEU, Part Six, Title I, Chapter 2a (new). This new chapter comprises Articles 299a to 299j (new).)

Amendment 216

Treaty on the Functioning of the European Union

Article 299 a (new)

Present text

Amendment

 

Article 299a

 

Each institution shall ensure constant respect for the principles of subsidiarity and proportionality, as laid down in Article 5 of the Treaty on European Union.

(This amendment reproduces the wording of Article 1 of Protocol (No 2) on the application of the principles of subsidiarity and proportionality.)

Amendment 217

Treaty on the Functioning of the European Union

Article 299 b (new)

Present text

Amendment

 

Article 299b

 

Before proposing legislative acts, the Commission shall consult widely. Such consultations shall, where appropriate, take into account the regional and local dimension of the action envisaged. In cases of exceptional urgency, the Commission shall not conduct such consultations. It shall give reasons for its decision in its proposal.

(This amendment reproduces the wording of Article 2 of Protocol (No 2) on the application of the principles of subsidiarity and proportionality.)

Amendment 218

Treaty on the Functioning of the European Union

Article 299 c (new)

Present text

Amendment

 

Article 299c

 

For the purposes of this Protocol, "draft legislative acts" shall mean proposals from the Commission, initiatives from a group of Member States, initiatives from the European Parliament, requests from the Court of Justice, recommendations from the European Central Bank and requests from the European Investment Bank, for the adoption of a legislative act.

(This amendment reproduces the wording of Article 3 of Protocol (No 2) on the application of the principles of subsidiarity and proportionality.)

Amendment 219

Treaty on the Functioning of the European Union

Article 299 d (new)

Present text

Amendment

 

Article 299d

 

The Commission shall forward its draft legislative acts and its amended drafts to national Parliaments and regional Parliaments with legislative powers at the same time as to the Union legislator.

 

The European Parliament shall forward its draft legislative acts and its amended drafts to national Parliaments and regional Parliaments with legislative powers.

 

The Council shall forward draft legislative acts originating from a group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank and amended drafts to national Parliaments and regional Parliaments with legislative powers.

 

Upon adoption, legislative resolutions of the European Parliament and positions of the Council shall be forwarded by them to national Parliaments and regional Parliaments with legislative powers.

(This amendment is based on the wording of Article 4 of Protocol (No 2) on the application of the principles of subsidiarity and proportionality and supplements it.)

Amendment 220

Treaty on the Functioning of the European Union

Article 299 e (new)

Present text

Amendment

 

Article 299e

 

Draft legislative acts shall be justified with regard to the principles of subsidiarity and proportionality.

 

Any draft legislative act should contain a detailed statement making it possible to appraise compliance with the principles of subsidiarity and proportionality. This statement should contain some assessment of the proposal's financial impact and, in the case of a directive, of its implications for the rules to be put in place by Member States, including, where necessary, the regional legislation.

 

The reasons for concluding that a Union objective can be better achieved at Union level shall be substantiated by qualitative and, wherever possible, quantitative indicators. Draft legislative acts shall take account of the need for any burden, whether financial or administrative, falling upon the Union, national governments, regional or local authorities, economic operators and citizens, to be minimised and commensurate with the objective to be achieved.

(This amendment reproduces the wording of Article 5 of Protocol (No 2) on the application of the principles of subsidiarity and proportionality.)

Amendment 221

Treaty on the Functioning of the European Union

Article 299 f (new)

Present text

Amendment

 

Article 299f

 

Any national Parliament or any chamber of a national Parliament may, within twelve weeks from the date of transmission of a draft European legislative act, in the official languages of the Union, send to the Presidents of the European Parliament, the Council and the Commission a reasoned opinion stating why it considers that the draft in question does not comply with the principle of subsidiarity. Each national Parliament or each chamber of a national Parliament shall include the opinion of regional parliaments with legislative powers to its reasoned opinion when regional exclusive competences may be affected. The Commission should reply within twelve weeks.

 

If the draft legislative act originates from a group of Member States, the President of the Council shall forward the opinion to the governments of those Member States.

 

If the draft legislative act originates from the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the opinion to the institution or body concerned.

 

The Commission should take account of reasoned opinions received from national Parliaments, and from regional parliaments with legislative powers, in its annual reports on the principles of subsidiarity and proportionality. The Commission should also make information on objections available to the Council and Parliament during the legislative procedure when national Parliaments submit a significant number of reasoned opinions on a given piece of draft legislation.

(This amendment is based on Article 6 of Protocol (No 2) on the application of the principles of subsidiarity and proportionality and amends and supplements it.)

Amendment 222

Treaty on the Functioning of the European Union

Article 299 g (new)

Present text

Amendment

 

Article 299g

 

Any national Parliament or any chamber of a national Parliament may request the European Parliament or the Commission to submit any appropriate proposal concerning matters on which it considers that a Union act is required for the purpose of implementing the Treaties.

 

Where an institution receives a request in accordance with the first paragraph but does not submit a proposal within six months, that institution shall inform the national Parliament, the Committee of the Regions and, if relevant, the European Parliament of its reasons for not doing so.

(This amendment inserts a new Article in what used to be Protocol No 2.)

Amendment 223

Treaty on the Functioning of the European Union

Article 299 h (new)

Present text

Amendment

 

Article 299h

 

1.   The European Parliament, the Council and the Commission, and, where appropriate, the group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank, if the draft legislative act originates from them, shall take account of the reasoned opinions issued by national Parliaments or by a chamber of a national Parliament.

 

Each national Parliament shall have two votes, shared out on the basis of the national Parliamentary system. In the case of a bicameral Parliamentary system, each of the two chambers shall have one vote.

 

2.   Where reasoned opinions on a draft legislative act's non-compliance with the principle of subsidiarity represent at least one third of all the votes allocated to the national Parliaments in accordance with the second subparagraph of paragraph 1, the draft must be reviewed. This threshold shall be a quarter in the case of a draft legislative act submitted on the basis of Article 76 of the Treaty on the Functioning of the European Union on the area of freedom, security and justice.

 

After such review, the Commission or, where appropriate, the group of Member States, the European Parliament, the Court of Justice, the European Central Bank or the European Investment Bank, if the draft legislative act originates from them, may decide to maintain, amend or withdraw the draft. Reasons must be given for this decision.

 

3.   Furthermore, under the ordinary legislative procedure, where reasoned opinions on the non-compliance of a proposal for a legislative act with the principle of subsidiarity represent at least a simple majority of the votes allocated to the national Parliaments in accordance with the second subparagraph of paragraph 1, the proposal must be reviewed. After such review, the Commission may decide to maintain, amend or withdraw the proposal.

 

If it chooses to maintain the proposal, the Commission will have, in a reasoned opinion, to justify why it considers that the proposal complies with the principle of subsidiarity. This reasoned opinion, as well as the reasoned opinions of the national Parliaments, will have to be submitted to the Union legislator, for consideration in the procedure:

 

(a)  before concluding the first reading, the legislator (the European Parliament and the Council) shall consider whether the legislative proposal is compatible with the principle of subsidiarity, taking particular account of the reasons expressed and shared by the majority of national Parliaments as well as the reasoned opinion of the Commission;

 

(b)  if, by a majority of 55 % of the members of the Council or a majority of the votes cast in the European Parliament, the legislator is of the opinion that the proposal is not compatible with the principle of subsidiarity, the legislative proposal shall not be given further consideration.

(This amendment reproduces the wording of Article 7 of Protocol (No 2) on the application of the principles of subsidiarity and proportionality.)

Amendment 224

Treaty on the Functioning of the European Union

Article 299 i (new)

Present text

Amendment

 

Article 299i

 

The Court of Justice of the European Union shall have jurisdiction in actions on grounds of infringement of the principle of subsidiarity by a legislative act, brought in accordance with the rules laid down in Article 263 of the Treaty on the Functioning of the European Union by Member States, or notified by them in accordance with their legal order on behalf of their national Parliament or a chamber thereof.

 

In accordance with the rules laid down in the said Article, the Committee of the Regions may also bring such actions against legislative acts for the adoption of which the Treaty on the Functioning of the European Union provides that it be consulted.

(This amendment reproduces the wording of Article 8 of Protocol (No 2) on the application of the principles of subsidiarity and proportionality.)

Amendment 225

Treaty on the Functioning of the European Union

Article 299 j (new)

Present text

Amendment

 

Article 299j

 

The Commission shall submit each year to the European Council, the European Parliament, the Council, national Parliaments and regional Parliaments with legislative powers a report on the application of Article 5 of the Treaty on European Union. That annual report shall also be forwarded to the Economic and Social Committee and the Committee of the Regions.

(This amendment is based on the wording of Article 9 of Protocol (No 2) on the application of the principles of subsidiarity and proportionality and supplements it.)

Amendment 226

Treaty on the Functioning of the European Union

Article 311 – paragraph 4

Present text

Amendment

4.  The Council, acting by means of regulations in accordance with a special legislative procedure, shall lay down implementing measures for the Union's own resources system in so far as this is provided for in the decision adopted on the basis of the third paragraph. The Council shall act after obtaining the consent of the European Parliament.

4.   The European Parliament and the Council, the latter acting by a reinforced qualified majority, in accordance with a special legislative procedure shall jointly lay down implementing measures for the Union's own resources system in so far as this is provided for in the decision adopted on the basis of the third paragraph.

Amendment 227

Treaty on the Functioning of the European Union

Article 312 – paragraph 1 – subparagraph 2

Present text

Amendment

It shall be established for a period of at least five years.

It shall be established for a period of five to seven years.

Amendment 228

Treaty on the Functioning of the European Union

Article 312 – paragraph 2 – subparagraph 1

Present text

Amendment

The Council, acting in accordance with a special legislative procedure, shall adopt a regulation laying down the multiannual financial framework. The Council shall act unanimously after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.

The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt a regulation laying down the multiannual financial framework.

Amendment 229

Treaty on the Functioning of the European Union

Article 312 – paragraph 2 – subparagraph 2

Present text

Amendment

The European Council may, unanimously, adopt a decision authorising the Council to act by a qualified majority when adopting the regulation referred to in the first subparagraph.

deleted

Amendment 230

Treaty on the Functioning of the European Union

Article 319 – paragraph 1

Present text

Amendment

1.   The European Parliament, acting on a recommendation from the Council, 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, the financial statement and the evaluation report referred to in Article 318, 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, the statement of assurance referred to in Article 287(1), second subparagraph and any relevant special reports by the Court of Auditors.

1.   The European Parliament, acting on a recommendation from the Council, shall give a discharge to the Commission in respect of the implementation of the budget. It shall also give a discharge to other institutions, bodies, offices and agencies in respect of the implementation of their sections of the budget or of their budgets, as appropriate, and in accordance with conditions to be laid down pursuant to Article 322. To this end, the Council and the European Parliament in turn shall examine the accounts, the financial statement and the evaluation report referred to in Article 318, 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, the statement of assurance referred to in Article 287(1), second subparagraph and any relevant special reports by the Court of Auditors.

Amendment 231

Treaty on the Functioning of the European Union

Article 329 – paragraph 2 – subparagraph 2

Present text

Amendment

Authorisation to proceed with enhanced cooperation shall be granted by a decision of the Council acting unanimously.

Authorisation to proceed with enhanced cooperation shall be granted by a decision of the Council acting by a qualified majority, with the exception of decisions on missions or operations with an executive mandate referred to in Article 42(4a), second subparagraph, of the Treaty on European Union.

Amendment 232

Treaty on the Functioning of the European Union

Article 330 – paragraph 2

Present text

Amendment

Unanimity shall be constituted by the votes of the representatives of the participating Member States only.

deleted

Amendment 233

Treaty on the Functioning of the European Union

Article 330 – paragraph 3

Present text

Amendment

A qualified majority shall be defined in accordance with Article 238(3).

deleted

Amendment 234

Treaty on the Functioning of the European Union

Article 333

Present text

Amendment

Article 333

deleted

1.  Where a provision of the Treaties which may be applied in the context of enhanced cooperation stipulates that the Council shall act unanimously, the Council, acting unanimously in accordance with the arrangements laid down in Article 330, may adopt a decision stipulating that it will act by a qualified majority.

 

2.  Where a provision of the Treaties which may be applied in the context of enhanced cooperation stipulates that the Council shall adopt acts under a special legislative procedure, the Council, acting unanimously in accordance with the arrangements laid down in Article 330, may adopt a decision stipulating that it will act under the ordinary legislative procedure. The Council shall act after consulting the European Parliament.

 

3.  Paragraphs 1 and 2 shall not apply to decisions having military or defence implications.

 

Amendment 235

Treaty on the Functioning of the European Union

Article 342

Present text

Amendment

The rules governing the languages of the institutions of the Union shall, without prejudice to the provisions contained in the Statute of the Court of Justice of the European Union, be determined by the Council, acting unanimously by means of regulations.

The rules governing the languages of the institutions of the Union shall, without prejudice to the provisions contained in the Statute of the Court of Justice of the European Union, be determined by the Council, acting unanimously by means of regulations, after obtaining the consent of the European Parliament.

Amendment 236

Treaty on the Functioning of the European Union

Article 346 – paragraph 1 – point b

Present text

Amendment

(b)  any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions of competition in the internal market regarding products which are not intended for specifically military purposes.

(b)  any Member State shall notify the Commission of measures that it considers to be necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions of competition in the internal market regarding products which are not intended for specifically military purposes.

Amendment 237

Treaty on the Functioning of the European Union

Article 346 – paragraph 2

Present text

Amendment

2.  The Council may, acting unanimously on a proposal from the Commission, make changes to the list, which it drew up on 15 April 1958, of the products to which the provisions of paragraph 1(b) apply.

2.  The European Parliament and the Council may, acting in accordance with the ordinary legislative procedure on a proposal from the Commission, make changes to the list, which the Council drew up on 15 April 1958, of the products to which the provisions of paragraph 1(b) apply.

Amendment 238

Treaty on the Functioning of the European Union

Article 352 – paragraph 1

Present text

Amendment

1.  If action by the Union should prove necessary, within the framework of the policies defined in the Treaties, to attain one of the objectives set out in the Treaties, and the Treaties have not provided the necessary powers, the Council, acting unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament, shall adopt the appropriate measures. Where the measures in question are adopted by the Council in accordance with a special legislative procedure, it shall also act unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament.

1.  If action by the Union should prove necessary, within the framework of the policies defined in the Treaties, to attain one of the objectives set out in the Treaties, and the Treaties have not provided the necessary powers, the Council, acting by a qualified majority on a proposal from the Commission and after obtaining the consent of the European Parliament, shall adopt the appropriate measures. Where the measures in question are adopted by the Council in accordance with a special legislative procedure, it shall also act by a qualified majority on a proposal from the Commission and after obtaining the consent of the European Parliament.

Amendment 239

Treaty on the Functioning of the European Union

Article 352 – paragraph 4

Present text

Amendment

4.  This Article cannot serve as a basis for attaining objectives pertaining to the common foreign and security policy and any acts adopted pursuant to this Article shall respect the limits set out in Article 40, second paragraph, of the Treaty on European Union.

deleted

Amendment 240

Treaty on the Functioning of the European Union

Article 354 – paragraph 1

Present text

Amendment

For the purposes of Article 7 of the Treaty on European Union on the suspension of certain rights resulting from Union membership, the member of the European Council or of the Council representing the Member State in question shall not take part in the vote and the Member State in question shall not be counted in the calculation of the one third or four fifths of Member States referred to in paragraphs 1 and 2 of that Article. Abstentions by members present in person or represented shall not prevent the adoption of decisions referred to in paragraph 2 of that Article.

For the purposes of Article 7 of the Treaty on European Union on the suspension of certain rights resulting from Union membership, the member of the European Council or of the Council representing the Member State in question shall not take part in the vote and the Member State in question shall not be counted in the calculation of the one third of the Member States or the qualified majority referred to in paragraphs 1 and 2 of that Article. Abstentions by members present in person or represented shall not prevent the adoption of decisions referred to in paragraph 2 of that Article.

Amendment 241

Treaty on the Functioning of the European Union

Article 354 – paragraph 2

Present text

Amendment

For the adoption of the decisions referred to in paragraphs 3 and 4 of Article 7 of the Treaty on European Union, a qualified majority shall be defined in accordance with Article 238(3)(b) of this Treaty.

For the adoption of the decisions referred to in paragraphs 1 to 4 of Article 7 of the Treaty on European Union, a qualified majority shall be defined in accordance with Article 16(4a) of the Treaty on European Union.

Amendment 242

Treaty on the Functioning of the European Union

Article 355 – paragraph 2 – subparagraph 2

Present text

Amendment

The Treaties shall not apply to those overseas countries and territories having special relations with the United Kingdom of Great Britain and Northern Ireland which are not included in the aforementioned list.

deleted

Amendment 243

Treaty on the Functioning of the European Union

Article 355 – paragraph 5 – point b

Present text

Amendment

(b)  the Treaties shall not apply to the United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus except to the extent necessary to ensure the implementation of the arrangements set out in the Protocol on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus annexed to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union and in accordance with the terms of that Protocol;

deleted

Amendment 244

Treaty on the Functioning of the European Union

Article 355 – paragraph 5 – point c

Present text

Amendment

(c)  the Treaties shall apply to the Channel Islands and the Isle of Man only to the extent necessary to ensure the implementation of the arrangements for those islands set out in the Treaty concerning the accession of new Member States to the European Economic Community and to the European Atomic Energy Community signed on 22 January 1972.

deleted

Amendment 245

Charter of Fundamental Rights of the European Union

Article 3

Present text

Amendment

Article 3

Article 3

Right to the integrity of the person

Right to the integrity of the person and to bodily autonomy

1.  Everyone has the right to respect for his or her physical and mental integrity.

1.  Everyone has the right to respect for his or her physical and mental integrity.

2.   In the fields of medicine and biology, the following must be respected in particular:

2.   In the fields of medicine and biology, the following must be respected in particular:

(a)   the free and informed consent of the person concerned, according to the procedures laid down by law;

(a)   the free and informed consent of the person concerned, according to the procedures laid down by law;

(b)   the prohibition of eugenic practices, in particular those aiming at the selection of persons;

(b)   the prohibition of eugenic practices, in particular those aiming at the selection of persons;

(c)   the prohibition on making the human body and its parts as such a source of financial gain;

(c)   the prohibition on making the human body and its parts as such a source of financial gain;

(d)   the prohibition of the reproductive cloning of human beings.

(d)   the prohibition of the reproductive cloning of human beings.

 

2a.  Everyone has the right to bodily autonomy, to free, informed, full and universal access to sexual and reproductive health and rights, and to all related healthcare services without discrimination, including the access to safe and legal abortion.

Last updated: 15 February 2024Legal notice - Privacy policy