EU Treaties & Legislation

Transcription

1 Blackstone's EU Treaties & Legislation st edition edited by Nigel G. Foster Professor of European Law, Buckingham Law School, Jean Monnet Professor of European Law Buckingham University Visiting Professor of European Law, Europa-ihstitut, Universitat des Saarlandes, Saarbrucken, Germany OXFORD UNIVERSITY PRESS

2 Editor's preface to the twenty-first edition New to this edition Extracts from the editor's preface to the first edition Tables of equivalences for the Treaties on European Union and the Functioning of the European Union replacing the previous Treaty on European Union and the European Community Treaty as referred to in Article 5 of the Lisbon Treaty xi xiii xiv xv Part I Primary Legislation 1 Consolidated Version of the Treaty on European Union 1 Preamble 1 Title I Common provisions 2 Title II Provisions on democratic principles 4 Title III Provisions on the institutions 5 Title IV Provisions on enhanced cooperation 9 Title V General provisions on the Union's external action and specific provisions on the common foreign and security policy 10 General provisions on the Union's external action 10 Specific provisions on the common foreign and security policy 11 Section 1 Common provisions 11 Section 2 Provisions on the common security and defence policy 16 Title VI Final provisions 18 Consolidated Version of the Treaty on the Functioning of the European Union 21 Preamble 21 Part One Principles 22 Title I Categories and areas of Union competence 22 Title II Provisions having general application 23 Part Two Non-discrimination and citizenship of the Union 25 Part Three Union policies and internal actions 27 Title I The internal market 27 Title II Free movement of goods 27 The customs union 27 Customs cooperation 28 Prohibition of quantitative restrictions between Member States 28 Title III Agriculture and fisheries 29 Title IV Free movement of persons, services and capital 31 Workers 31 Right of establishment 32 Services 33 Chapter 4 Capital and payments 34 Title V Area of freedom, security and justice 35 General provisions 35

3 Chapter 4 Chapter 5 Title VI Title VII Section 1 Section 2 Title VIII Chapter 4 Chapter 5 Title IX Title X Title XI Title XII Title XIII Title XIV Title XV Title XVI Title XVII Title XVIII Title XIX Title XX Title XXI Title XXII Title XXIII Title XXTV Part Four Part Five Title I Title II Title III Title IV Title V Title VI Title VII Part Six Title I Section 1 Section 2 Policies on border checks, asylum and immigration Judicial cooperation in civil matters Judicial cooperation in criminal matters Police cooperation Transport Common rules on competition, taxation and approximation of laws Rules on competition Rules applying to undertakings Aids granted by States Tax provisions Approximation of laws Economic and monetary policy Economic policy Monetary policy Institutional provisions Provisions specific to Member States whose currency is the euro Transitional provisions Employment Social policy The European Social Fund Education, vocational training, youth and sport Culture Public health Consumer protection Trans-European networks Industry Economic, social and territorial cohesion Research and technological development and space Environment Energy Tourism Civil protection Administrative cooperation Association of the overseas countries and territories External action by the Union General provisions on the Union's external action Common commercial policy Cooperation with third countries and humanitarian aid Development cooperation Economic, financial and technical cooperation with third countries Humanitarian aid Restrictive measures International agreements The Union's relations with international organisations and third countries and Union delegations Solidarity clause Institutional and financial provisions Institutional provisions The institutions The European Parliament The European Council

4 Section 3 The Council 84 Section 4 The Commission 85 Section 5 The Court of Justice of the European Union 86 Section 6 The European Central Bank 92 Section 7 The Court of Auditors 93 Legal acts of the Union, adoption procedures and other provisions 95 Section 1 The legal acts of the Union 95 Section 2 Procedures for the adoption of acts and other provisions 96 The Union's advisory bodies 98 Section 1 The Economic and Social Committee 99 Section 2 The Committee of the Regions 99 Chapter 4 The European Investment Bank 100 Title II Financial provisions 101 The Union's own resources 101 The multiannual financial framework 101 The Union's annual budget 102 Chapter 4 Implementation of the budget and discharge 104 Chapter 5 Common provisions 105 Chapter 6 Combating fraud 105 Title III Enhanced cooperation 106 Part Seven General and final provisions 108 Tables of equivalences for the Treaty on European Union and for the European Community Treaty as referred to in Article 12 of the Treaty of Amsterdam 112 Selected Protocols and Declarations attached to the Treaties by the Lisbon Treaty 124 Protocols 124 Protocol (No 1) on the Role of National Parliaments in the European Union 124 Protocol (No 2) on the Application of the Principles of Subsidiarity and Proportionality 125 Protocol (No 3) on the Statute of the Court of Justice of the European Union 128 Protocol (No 8) Relating to Article 6(2) of the Treaty on European Union on the Accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms 142 Protocol (No 9) on the Decision of the Council Relating to the Implementation of Article 16(4) of the Treaty on European Union and Article 238(2) of the Treaty on the Functioning of the European Union between 1 November 2014 and 31 March 2017 on the one hand, and as from 1 April 2017 on the other 142 Protocol (No 25) on the Exercise of Shared Competence 143 Protocol (No 30) on the Application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom 143 Protocol (No 33) Concerning Article 157 of the Treaty on the Functioning of the European Union 144 Protocol (No 36) on Transitional Provisions 144 Declarations Concerning Provisions of the Treaties Declaration concerning the Charter of Fundamental Rights of the European Union Declaration on Article 6(2) of the Treaty on European Union 148 Contents

5 7. Declaration on Article 16(4) of the Treaty on European Union and Article238(2) ofthe Treaty on the Functioning of theeuropean Union Declaration concerning primacy Declaration in relation to the delimitation of competences Declaration concerning the legal personality ofthe European Union Declaration on Article 252 of the Treaty on the Functioning of the European Union regarding the number of Advocates-General in the Court of Justice Declaration on Article 352 of the Treaty on the Functioning of the European Union Declaration on Article 352 of the Treaty on the Functioning of the European Union 152 Charter of Fundamental Rights ofthe European Union (2010/C 83/02) 152 Additional legislation and agreements affecting the institutions 159 Council Decision 1999/468 of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (as amended) 159 Declarations of 17th July 1999 on Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission 165 Agreement of the 10th October 2000 between the European Parliament and the Commission on Procedures for implementing Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of powers conferred on the Commission 166 Majority voting procedure extract from the Luxembourg Accords 167 Regulation (EC) No 1049/2001 of the European Parliament and ofthe Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents 167 Joint declaration relating to Regulation 1049/ Joint declaration on codecision trilogues 174 Joint declaration on practical arrangements for the codecision procedure (Article 251 of the EC Treaty) 174 The European Court of Justice 178 Information note on references from national courts for a preliminary ruling Rules of Procedure of the Court of Justice ofthe European Communities of 19 June 1991 (as consolidated to 2010) 183 Part II Secondary Legislation 217 Free movement of goods 217 Commission Directive 70/50 (Quantitative restrictions on imports) 217 Commission Practice Note on Import Prohibitions ('Cassis de Dijon') 219 Council Regulation 2679/98 (Free movement of goods) 220 European Parliament and Council Directive 98/34, (Technical standards) 223 European Parliament and Council Regulation (EC) No 764/2008 (Application of technical rules) 231 Free movement of persons 242 Council Regulation (EEC) No 1612/68 (Freedom of movement for workers) 242

6 Council Directive 77/249 (Exercise by lawyers of freedom to provide services) as amended 244 European Parliament and Council Directive 98/5 (Practice of profession of lawyer in another Member State) as amended 247 European Parliament and Council Directive 2004/38 (Citizens' free movement rights) as corrected 255 European Parliament and Council Directive 2005/36/EC (Recognition of professional qualifications) as amended and corrected 270 European Parliament and Council Directive 2006/123 (Services) 308 Social security 346 Editor's note about Council Regulation (EEC) No 1408/71 of 14 June Social policy: equal pay and treatment 347 Council Directive 79/7 (Social security, equal treatment) 347 Council Directive 86/613 (Self-employed, equal treatment) 348 Council Directive 96/34 (Parental leave) as amended 351 Council Directive 2000/43 (Equal treatment between persons irrespective of racial or ethnic origin) 356 Council Directive 2000/78 (General framework for equal treatment in employment and occupation) 362 European Parliament and Council Directive 2006/54 (Equal opportunities and equal treatment of men and women in matters of employment and occupation) recast 371 Social policy: worker protection 384 Council Directive 2001/23 (Transfers of undertakings) replacing the amended Directive 77/ Council Directive 89/391 (Safety and health at work) as amended 391 Council Directive 92/85 (Pregnant workers and working mothers) as amended 398 Council Directive 94/33 (Young workers) as amended 404 Council Directive 94/45 (European Works Council) 413 Council Directive 97/ (Part-time work) 422 Council Directive 98/59 (Collective redundancies) as amended and corrected 428 Council Directive 1999/70 (Fixed-term work) as corrected 433 Directive 2002/14 (Employee consultation) 439 Council Directive 2003/88 (Working time) replacing Directive 93/ European Parliament and Council Directive 2008/94 (Insolvency) 456 Competition 462 Council Regulation No 17 (Articles and 82 of the Treaty) 462 Commission Notice of 2001 on minor agreements 463 Commission Regulation (EC) No 2790/1999 (Vertical agreements and concerted practices) as amended 466 Commission Regulation (EC) No 2658/2000 (Specialisation agreements) as amended 472 Commission Regulation (EC) No 2659/2000 (Research and development agreements) as amended 477 Commission Notice on relevant market 484 Council Regulation (EC) No 1/2003 (Implementation of rules on competition) as amended 492 Contents

7 Council Regulation (EC) No 139/2004 (Merger control) as amended 512 Commission Regulation (EC) No 773/2004 (Competition proceedings) as amended 537 Commission Regulation (EC) No 772/2004 (Technology transfer agreements) as corrected 545 Consumer protection 553 Council Directive 85/374 (Defective products) as amended 553 Council Directive 85/577 (Door-to-door sales) 558 Council Directive 90/314 (Package holidays) 560 Council Directive 93/13 (Unfair terms in consumer contracts) 566 Directive 2001/95 (General product safety) 572 Directive 2006/114 (Misleading and comparative advertising) 588 Part III UK Legislation 595 European Communities Act 1972 (Extracts as amended) 595 Index 601