PART ONE THE PRINCIPLES
LexInter | October 21, 2003 | 0 Comments

PART ONE THE PRINCIPLES

First article

By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN COMMUNITY.

Article 2 (*)

(*) As modified by Article G, point 2) of the TEU.

The mission of the Community, by establishing a common market, an economic and monetary union and by implementing the policies or common actions referred to in Articles 3 and 3a, is to promote harmonious and balanced development economic activities throughout the Community, sustainable and non-inflationary growth respecting the environment, a high degree of convergence of economic performance, a high level of employment and social protection, raising of the level and quality life, economic and social cohesion and solidarity between Member States.

Article 3 (**)

(**) As modified by Article G, point 3) of the TEU.

For the purposes set out in Article 2, action by the Community shall include, under the conditions and at the rates provided for in this Treaty:

  1. the elimination, between Member States, of customs duties and quantitative restrictions on the entry and exit of goods, as well as all other measures having equivalent effect,
  2. a common commercial policy,
  3. an internal market characterized by the abolition, between Member States, of obstacles to the free movement of goods, persons, services and capital,
  4. measures relating to the entry and movement of persons in the internal market in accordance with Article 100c,
  5. a common policy in the fields of agriculture and fisheries,
  6. a common policy in the field of transport,
  7. a regime ensuring that competition is not distorted in the internal market,
  8. the approximation of national laws to the extent necessary for the functioning of the common market,
  9. a policy in the social field including a European Social Fund,
  10. strengthening economic and social cohesion,
  11. an environmental policy,
  12. strengthening the competitiveness of Community industry,
  13. the promotion of research and technological development,
  14. encouraging the establishment and development of trans-European networks,
  15. a contribution to achieving a high level of health protection,
  16. a contribution to quality education and training and to the development of the cultures of the Member States,
  17. a policy in the field of development cooperation,
  18. the association of overseas countries and territories, with a view to increasing trade and jointly pursuing the effort of economic and social development,
  19. a contribution to strengthening consumer protection,
  20. measures in the fields of energy, civil protection and tourism.

Article 3 A (*)

(*) As inserted by Article G, point 4) of the TEU. 2.

  1. For the purposes set out in Article 2, the action of the Member States and of the Community shall include, under the conditions and at the rates provided for in this Treaty, the establishment of an economic policy based on close coordination economic policies of the Member States, on the internal market and on the definition of common objectives, and conducted in accordance with the principle of an open market economy where competition is free.
  2. At the same time, under the conditions and in accordance with the rates and procedures provided for by this Treaty, this action shall include the irrevocable fixing of exchange rates leading to the establishment of a single currency, the ECU, as well as the definition and the conduct of a single monetary and exchange rate policy the main objective of which is to maintain price stability and, without prejudice to that objective, to support general economic policies in the Community, in accordance with the principle of an open market economy where competition is free.
  3. This action by the Member States and the Community implies respect for the following guiding principles: stable prices, sound public finances and monetary conditions and a stable balance of payments.

Article 3 B (*)

(*) As inserted by Article G, point 5) of the TEU.

The Community shall act within the limits of the powers conferred on it and the objectives assigned to it by this Treaty.

In areas which do not fall under its exclusive competence, the Community intervenes, in accordance with the principle of subsidiarity, only if and to the extent that the objectives of the action envisaged cannot be sufficiently achieved by the Member States. and can therefore, because of the dimensions or the effects of the envisaged action, be better achieved at Community level.

Action by the Community does not go beyond what is necessary to achieve the objectives of this Treaty.

Article 4 (*)

(*) As modified by Article G, point 6) of the TEU.

  1. The tasks entrusted to the Community shall be carried out by:
  • a EUROPEAN PARLIAMENT,
  • an advice,
  • a commission,
  • a COURT OF JUSTICE,
  • a COURT OF ACCOUNTS.

Each institution acts within the limits of the powers conferred on it by this Treaty.

  1. The Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions exercising advisory functions.

Article 4 A (**)

(**) As inserted by Article G, point 7) of the TEU.

There is hereby established, in accordance with the procedures provided for in this Treaty, a European System of Central Banks, hereinafter referred to as “ESCB”, and a European Central Bank, hereinafter referred to as “ECB”; they act within the limits of the powers conferred on them by this Treaty and the Statute of the ESCB and of the ECB, hereinafter referred to as “the Statute of the ESCB”, which are annexed thereto.

Article 4 B (*)

(*) As inserted by Article G, point 7) of the TEU.

A European Investment Bank is hereby established which shall act within the limits of the powers conferred on it by this Treaty and the Statutes annexed to it.

Article 5

Member States shall take all general or specific measures suitable for ensuring the fulfillment of the obligations arising from this Treaty or resulting from acts of the institutions of the Community. They facilitate the accomplishment of its mission.

They shall refrain from all measures liable to endanger the achievement of the aims of this treaty.

Article 6 (**)

(**) As modified by Article G, point 8) of the TEU.

Within the scope of this Treaty, and without prejudice to the specific provisions it provides, any discrimination on grounds of nationality is prohibited.

The Council, acting in accordance with the procedure referred to in article 189c, may adopt any regulations with a view to the prohibition of such discrimination.

Article 7 (*)

(*) Articles 7, 7 A, 7 B and 7 C: former Articles 8, 8 A, 8 B and 8 C [Article G, point 9) of the TEU].

  1. The common market is gradually established over a 12-year transitional period.

The transition period is divided into three stages, of four years each, the duration of which may be modified under the conditions provided below.

  1. Each step is assigned a set of actions that must be initiated and continued concurrently.
  2. The passage from the first to the second stage is conditioned by the observation that the main part of the objectives specifically set by this treaty for the first stage have actually been achieved and that, subject to the exceptions and procedures provided for in this treaty, the commitments have been kept.

This finding is made at the end of the fourth year by the Council, acting unanimously on the Commission report. However, a Member State may not obstruct unanimity by invoking the failure to fulfill its own obligations. In the absence of unanimity, the first stage is automatically extended for one year.

At the end of the fifth year, the assessment is made by the Board, under the same conditions. In the absence of unanimity, the first stage is automatically extended for an additional year.

At the end of the sixth year, the determination is made by the Council, acting by a qualified majority on the report from the Commission.

  1. Within one month of the latter vote, each Member State remaining in the minority or, if the required majority is not reached, any Member State shall have the right to request the Council to appoint a body. arbitration, the decision of which is binding on all the Member States and the institutions of the Community.This arbitration body is made up of three members appointed by the Council, acting unanimously on a proposal from the Commission.

In the absence of appointment by the Council within a period of one month from the request, the members of the arbitration body shall be appointed by the Court of Justice within a further period of one month.

The arbitration body itself appoints its chairman.

It renders its award within six months from the date of the vote by the Council referred to in the last subparagraph of paragraph 3.

  1. The second and third stages may be extended or shortened only by virtue of a decision adopted by the Council, acting unanimously on a proposal from the Commission.
  2. The provisions of the preceding paragraphs may not have the effect of extending the transitional period beyond a total period of fifteen years from the entry into force of this Treaty.
  3. Subject to the exceptions or derogations provided for in this Treaty, the expiration of the transitional period constitutes the end point for the entry into force of all the rules provided for and for the establishment of all of the rules. achievements of the establishment of the common market.

Article 7 A

The Community shall adopt the measures intended to gradually establish the internal market over a period expiring on 31 December 1992, in accordance with the provisions of this Article, Articles 7B, 7C and 28, Article 57 (2), Article 59, Article 70, paragraph 1, and Articles 84, 99, 100A and 100B and without prejudice to the other provisions of this Treaty.

The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this Treaty.

Article 7B

The Commission shall report to the Council before 31 December 1988 and before 31 December 1990 on the progress of work with a view to the completion of the internal market within the time limit provided for in Article 7 A.

The Council, acting by a qualified majority on a proposal from the Commission, defines the guidelines and conditions necessary to ensure balanced progress in all the sectors concerned.

Article 7c

When formulating its proposals for the attainment of the objectives set out in Article 7a, the Commission shall take into account the extent of the effort which certain economies with differences in development will have to bear during the period d. establishment of the internal market and may propose the appropriate arrangements.

If these provisions take the form of derogations, they must be of a temporary nature and cause as little disturbance as possible to the functioning of the common market.

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image