The Treaty of. Amsterdam

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1 The Treaty of i,... Amsterdam Text and Commentary Edited by Andrew Duff FEDERALTRUST

2 Table of Contents PREFACE ;... : xxv Foreword by Lamberto Dini The European Union after Amsterdam Essay by Andrew Duff Supranational institutions for postnational Europe Setting the agenda intractable problems What Amsterdam achieved What remains to be done Ratification and after Postnational Europe PART ONE TEXT AND ON THE TREATY OF AMSTERDAM SECTION ONE FREEDOM, SECURITY AND JUSTICE xxxi xxxii xxxiii xxxvi xxxvii xxxvii FUNDAMENTAL RIGHTS AND NON-DISCRIMINATION GENERAL PRINCIPLES UNDERLYING THE UNION Amended Article F of the Treaty on European Union 3 A New Recital Inserted in the Preamble to the Treaty on European Union 3 ACTION IN THE EVENT OF A BREACH BY A MEMBER STATE- OF THE PRINCIPLES ON WHICH THE UNION IS FOUNDED New Article F.I in the Treaty on European Union 3 New Article 236 in the Treaty establishing the European Community. 4 RESPECT BY ANY STATE APPLYING TO JOIN FOR THE FUNDAMENTAL PRINCIPLES Amended First Paragraph of Article O of the Treaty on European Union 5 STATUS OF CHURCHES Declaration on the Status of Churches and Non-Confessional Organisations...5

3 ABOLITION OF THE DEATH PENALTY Declaration on the abolition of the death penalty 6 NON-DISCRIMINATION Amended Article 6 6 New Article 6a 6 Declaration regarding persons with a disability 6 EQUALITY OF MEN AND WOMEN Amended Article 2 6 New paragraph to Article 3 7 PROTECTION OF INDIVIDUALS WITH REGARD TO THE PROCESSING AND FREE MOVEMENT OF PERSONAL DATA New Article 213b...7 Freedom, Security and Justice 8 Communitarisation 9 Breach of Obligation 9 Religious Discrimination 10 Capital Punishment 10 Non-Discrimination 10 Data Protection 11 PROGRESSIVE ESTABLISHMENT OF AN AREA OF FREEDOM, SECURITY AND JUSTICE OVER-ARCHING OBJECTIVES Amended Article B in the Treaty on European Union 12 VISAS, ASYLUM, IMMIGRATION AND OTHER POLICIES RELATED TO FREE MOVEMENT OF PERSONS New Title Ilia in the Treaty establishing the European Community Article 73i 12 Declaration on the level of protection and security provided by the Schengen acquis 13 Article 73j 2 13 Protocol on External Relations of the Member States with regard to the Crossing of External Borders 14 Declaration on Article 73j(2)(b) : 14 Article 73k 14 Declaration on Article 73k 15 Declaration on Article 73k(3)(a) 15 Article Declaration on the responsibilities of Member States under Article 731(1) 16 Article 73m 16 Declaration on Article 73m 16 VI

4 Article 73n...: Article 73o 17 Declaration on Article 73o 17 Article 73p : 17 Bridging the Pillars 19 Gradual free movement 20 How to treat refugees and asylum-seekers 20 Civil proceedings 21 Making the change 21 Reform postponed 21 Judicial review 21 IRELAND AND THE UNITED KINGDOM Article 73q 22 Protocol on the Position of the United Kingdom and Ireland 22 Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European Community to the United Kingdom and to Ireland 24 Declaration by Ireland on Article 3 of the Protocol on the position of the United Kingdom and Ireland 26 By-Pass for Britain and Ireland 27 What the Treaty says 27 What might happen now 28 POSITION OF DENMARK Protocol on the position of Denmark 29 The Danish Exception 31 PROVISIONS ON POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS New Title VI of the Treaty on European Union Article K.I..." 33 Article K.2 33 Declaration on Article K.2 34 Article K.3 34 Declaration on Article K.3(e) 35 Article K.4 * 35 Article K.5 (formerly Article K.2) 35 Article K.6 (formerly Article K.3) 35 Declaration on Article K.6(2) 36 Article K.7 36 vn

5 vm Declaration relating to Article K.7 37 Article K.8 (formerly Article K.4) 38 Article K.9 (formerly Article K.5) 38 Article K Declaration relating to Article J.I4 and K Article K.ll (formerly Article K.6) 38 Article K.12 (formerly Article K.7) 39 Article K.13 (formerly Article K.8) 40 Article K.14 (formerly Article K.9) 40 Declaration by Denmark relating to Article K The Remaining Third Pillar 42 Streamlining Conventions 42 Judicial Review 43 Managing the Third Pillar 44 Democratic deficit 44 Flexibility 44 Ties with the First Pillar 45 THE SCHENGEN AGREEMENT Protocol integrating the Schengen Acquis into the framework of the European Union 46 Declaration on Article 2 of the Protocol integrating the Schengen acquis into the framework of the European Union 48 Declaration on Article 4 of the Protocol integrating the Schengen acquis into the framework of the European Union 48 Declaration on Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union 49 Declaration on Article 6 of the Protocol integrating the Schengen acquis into the framework of the European Union 50 ANNEX: SCHENGEN ACQUIS 50 Introducing Schengen 52 What Amsterdam did ASYLUM Protocol to the Treaty establishing the European Community on asylum for nationals of EU Member States 54 Declaration on the Convention relating to the status of refugees of 28 July Declaration by Belgium on the Protocol on asylum for nationals of Member States of the European Union 56

6 Declaration relating to subparagraph (d) of the sole Article of the Protocol on asylum for nationals of Member States of the European Union '. 56 Asylum Policy 57 SECTION TWO THE UNION AND THE CITIZEN EMPLOYMENT Amended Article B of the Treaty on European Union 59 Amended Article 2 59 New sub-paragraph of Article 3 59 New Title Via on Employment Article 109n 59 Article 109o 60 Article 109p. 60 Article 109q 60 Article 109r 61 Declaration on incentive measures referred to in Article 109r 61 Declaration on Article 109r 61 Article 109s 62 Employment 63 French demarche 64 The Treaty amendments 64 SOCIAL POLICY New Article New Article Declaration on Article Declaration on Article 118(2) 68 Article 118a 68 Article 118b 68 Declaration on Article 118b(2) 69 Article 118c 69 Article Declaration on Article 119(4), 70 Article 119a 70 Article Social Policy Regained 72 The Social Protocol so far 72 Amsterdam 73 IX

7 ENVIRONMENT Amended seventh recital of the Preamble 74 Amended Article B of the Treaty on European Union 74 New Article 2 74 INTEGRATION OF ENVIRONMENTAL PROTECTION New Article 3c 75 Declaration on environmental impact assessments 75 Article 100a(3), (4) and (5) shall be replaced by the following 75 Environment Policy 77 The 'environmental guarantee' 77 PUBLIC HEALTH AND CONSUMER PROTECTION Amended Article Amended Article 129a 80 The healthy consumer 81 SPECIAL INTERESTS SERVICES OF GENERAL ECONOMIC INTEREST New Article 7d 82 Declaration on Article 7d 82 PUBLIC SERVICE BROADCASTING Protocol on the System of Public Broadcasting 82 GERMAN PUBLIC CREDIT INSTITUTIONS Declaration on public credit institutions in Germany 83 Declaration by Austria and Luxembourg on credit institutions 83 Vested Interests 84 CITIZENSHIP, TRAVEL, REGIONS AND ANIMALS CITIZENSHIP OF THE UNION Amended Article 8(1) 86 Amended Article 8a(2) 86 In Article 8d the following shall be added 86 CULTURE Amended Article 128(4) 86 New recital in the Preamble to the Treaty establishing the European Community 86 VOLUNTARY SERVICE Declaration on voluntary service activities 87 SPORT 87 Declaration on sport 87

8 ANIMAL WELFARE Protocol on Improved Protection and Respect for the Welfare of Animals How to treat citizens and animals 88 NETWORKS AND ISLANDS TRANS-EUROPEAN NETWORKS Amended third indent of Article 129c(l) 89 ISLAND REGIONS Amended second paragraph of Article 130a 89 Declaration on island regions 89 OUTERMOST REGIONS Amended Article 227(2) 89 OVERSEAS COUNTRIES AND TERRITORIES Declaration on the Overseas Countries and Territories 90 Networks and the Periphery 92 CUSTOMS, FRAUD AND FIGURES STRENGTHENING CUSTOMS COOPERATION New Title VIIa,on Customs Cooperation 93 Article COUNTERING FRAUD Amended Article 209a 93 STATISTICS New Article 213a Fraud and Customs ; 95 SUBSIDIARITY Protocol on the application of the principles of subsidiarity and proportionality '. 96 Declaration relating to the Protocol on the application of the principles of subsidiarity and proportionality 99 Declaration by Germany, Austria and Belgium on subsidiarity Subsidiarity, 100 Origins of subsidiarity 100 The Treaty on European Union 102 The 1996IGC 104 The Amsterdam Protocol 106 XI

9 TRANSPARENCY Amended second paragraph of Article A : 107 New Article 191a 107 Declaration on Article 191a(l) 107 Declaration on the quality of the drafting of legislation 107 Transparency 109 SECTION THREE AN EFFECTIVE AND COHERENT EXTERNAL POLICY THE COMMON FOREIGN AND SECURITY POLICY Amended Article C of the Treaty on European Union Ill Title V Provisions on a common foreign and security policy Article J.I Ill Article J.2 (former J.I(3)) 112 Article J.3 (former J.8(l) and (2), first subparagraph) 112 Article J.4 (former J.3) 113 Article J.5 (former J.2(2)) 113 Article J.6 (former J.2(l)). 113 Article J.7 (former J.4).'. 114 Protocol on Article J.7 of the Treaty on European Union 115 Declaration on enhanced cooperation between the EU and WEU..115 Article J.8 (former J.5) Article J.9 (former J.2(3) arid J.5(4)) 116 Article J. 10 (former J.6) 116 Article J.I 1 (former J.7) 116 Article J.12 (former J.8(3) and (4)) 117 Article J New Article J.14 ^. 118 Declaration relating to Articles J.14 and K Article J.15 (former J,8(5)) 118 Declaratibn on Article J.I5 118 Article J Article J.17 (former J.9) 119 Article J. 18 (former J.I 1) 119 Inter-Institutional Agreement between the European Parliament, the Council and the European Commission on provisions regarding financing of the Common Foreign and Security Policy 120 Declaration on the establishment of a policy planning and early warning unit 122 xn

10 EXTERNAL ECONOMIC RELATIONS New Article 113(5)...»...'..'. 123 Amended Article 228(1), second subparagraph 123 Amended Article 228(2).' '....; Foreign policy or trompe l'oeil? 124 Byzantine procedures; 124 What next for WEU? : 126 Cometh the hour 126 Who speaks for Europe? :...; 127 SECTION FOUR THE UNION'S INSTITUTIONS ENLARGEMENT Protocol on the institutions with the prospect of enlargement of the European Union 129 Article Article Declaration relating to the Protocol on the institutions with the prospect of enlargement of the European Union 129 Article N(2) shall be repealed 129 Disappointment on enlargement and another IGC to come Background 130 The Turin mandate 131 The size of the Commission 132 The weighting of votes in the Council 133 Another IGC 134 Prospects for enlargement 134 THE EUROPEAN PARLIAMENT ASSENT PROCEDURE New Treaty provisions Article F.I 136 Existing Treaty provisions Article O.' Article 130d.' 136 Article 138(4) 136 Article 228(3), second subparagraph 136 CO-DECISION PROCEDURE New Treaty provisions Article 109r 136 Article 118(2)." 136 xin

11 Article Article Article 191a 137 Article 209a 137 Article Article 213a 137 Article 213b 137 Existing Treaty provisions Article Article 8a(2) Article Article 56(2) Article 57(2) Article 75(1) 138 Article Article 118(2) 138 Article Article 127(4) 138 Article 129d 3rd paragraph 139 Article 130e 139 Article 130o 2nd paragraph 139 Article 130s(l) 139 Article 130w 139 SIMPLIFICATION OF THE CO-DECISION PROCEDURE Amended Article 189b, 139 Declaration on time limits under co-decision procedure 141 ORGANISATION AND COMPOSITION OF THE EUROPEAN PARLIAMENT Add to Article Amended Article 138(3) 141 Add new Article 138(4) More Power for the European Parliament 142 Extension of the Assent Procedure (and the_ nd of Cooperation) 142 The rise of co-decision 143 Article 103(5) 143 Article 104a(2) 143 Article 104b(2) 143 Article 105a(2) 143 Article Articles 54(2) 144 Article 56(2) 144 Article 57(1)...: : 144 xiv

12 Article 57(2) : 144 Article Articles 100a 144 Article 100b 144 Article 126(4) 144 Article 129(4) 144 Article'129a(2) 145 Article 129d 145 Article 130s(3) 145 Article 128(5) 145 Article 130i 145 Amsterdam and beyond 145 Article 8a(2) 145 Article 51 '. 145 Article Article 128(5) 145 Article 73j(2)(b)(ii) 146 Article 73j(2)(b)(iv) s 146 Old Treaty provisions Article 8b(l) 146 Article 8e 146 Article Article Article Article 73c 146 Article Article 92(3)(e) Article Article Article Article 100c(3) 147 Article 103(5) 147 Article 104a(2).'. 147 Article 104b(2) 147 Article Article 129d 1st subparagraph 147 Article 130(3) 147 Articles 130b, 130d 147 Article 130n 147 Article 130j 147 Article Article New Treaty provisions ' Article 6a (Freedom, Security & Justice) 148 Article 73o (Freedom, Security & Justice) 148 Article K.ll (Police & Judicial Cooperation) 148 Article K.12 (Police & Judicial Cooperation) 148 Article K.14 (Police & Judicial Cooperation) 148 Article 109q (Employment) '. : 148 xv

13 Article 113(5) (External Economic Relations) 148 Article 5a(2) (Flexibility) 148 Budgetary procedure 149 Simplifying Co-decision 149 Reforming the European Parliament 150 Proportional Representation 150 Probity 151 THE COUNCIL QUALIFIED MAJORITY VOTING New Treaty provisions Article 5(a)(2) 152 Article 731(2) 152 Article 109q r 152 Article 109r 152 Article Article 118(2).. ; 152 Article 119(3) 152 Article 129(4) i 152 Article 191a 152 Article 209a 152 Article 213a 152 Article 213b. 153 Article 227(2) 153 Article 236 (2) & (3).: 153 Existing Treaty provisions Article 45(3) : Article 56(2) 153 Article 130i(l) 153 Article 130i(2).' 153 Article 130o 153 Amended Article Reforming the Council ^^^. 155 Renversement des alliances 155 Amsterdam and beyond '. 156 Article Article 130i(l) 156 Article 191a 156 Article 209a 156 New Article Article 8a(2) 156 Article Article 57(2) 156 Article 128(5) 157 xvi

14 Article Article 130d 157 Article 130s 157 Article Internal machinery 158 THE COMMISSION APPOINTMENT OF THE MEMBERS OF THE COMMISSION Amended first and second subparagraphs of Article 158(2) 159 COMPOSITION AND ORGANISATION OF THE COMMISSION New first paragraph in Article Declaration on organisation and functioning of the Commission Reforming the Commission 160 THE COURT OF JUSTICE Amended Article L of the Treaty on European Union 161 Reforming the Court 162 Human rights 162 More reform needed ': 163 OTHER INSTITUTIONAL ISSUES COURT OF AUDITORS Amended Article E of the Treaty on European Union 164 Amended third paragraph of Article Amended second subparagraph of Article 188c(l) 164 Amended first subparagraph of Article 188c(2) 164 Amended Article 188c(3) 164 Declaration on Article 188c(3) 165 Amend Article 206(1) 165 ECONOMIC AND SOCIAL COMMITTEE Article 109q 165 Article 109r.: 165 ArticlesJUL (2) and 118(3) 166 Article 119(3) 166 Article 129(4), 166 Add a new fourth subparagraph to Article COMMITTEE OF THE REGIONS Protocol No. 16 shall be repealed 166 Amended third paragraph of Article 198a 166 Amended second paragraph of Article 198b 166 Amended first paragraph of Article 198c 166 Add a new fourth paragraph to Article 198c 166 xvii

15 Scope of consultation 167 Article 109q 167 Article 109r 167 Article 118(2) and (3) 167 Article 129(4) 167 Article 130s(l)(2)(3) 167 Article Article 127(4) 167 Article FINANCIAL PROVISIONS 767 Amended first subparagraph of Article CONFERRING OF IMPLEMENTING POWERS ON THE COMMISSION 168 Declaration relating to Council Decision of 13 July SEATS 168 Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Community 168 Other Institutional Reforms 170 Wider Powers for the Court of Auditors 170 More Scope forecosoc 171 Second Chance for the Regions 171 Financial Discipline of the Member States 172 Comitology 172 Where to sit 173 ROLE OF NATIONAL PARLIAMENTS Protocol on the role of National Parliaments 174 Helping National Parliaments 176 What parliaments should and should not do 176 Maastricht 177 Amsterdam 177 The future 178 SECTION FIVE CLOSER COOPERATION OR 'FLEXIBILITY' GENERAL CLAUSES TO BE INSERTED ASA NEW TITLE VIA IN THE COMMON PROVISIONS OF THE TREATY ON EUROPEAN UNION Article K.15 '. 181 Article K Article K xvin

16 AMENDED CLAUSE CONCERNING POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS Article K NEW CLAUSES TO BE INSERTED IN THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY Article 5a 183 Flexibility 185 Background 185 'Least possible disturbance' 185 By-passing the British problem 186 Franco-German initiatives 187 Further reflections 188 Making differentiation work 191 The presidency's proposals 194 The Treaty of Amsterdam 195 Downstream 196 SECTION SIX SIMPLIFICATION AND CONSOLIDATION OF THE TREATIES Simplification 199 Consolidation 199 Declaration on the consolidation of the Treaties 199 Understanding the Treaty 200 SECTION SEVEN ECONOMIC POLICY Resolution of the European Council on the Stability and Growth Pact 201 Towards-a-eommon economic policy? 205 Fleshing out EMU 205 ERM Who's in charge of economic policy? 206 xix

17 PART TWO TREATY OF AMSTERDAM AMENDING THE TREATY ON EUROPEAN UNION AND THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY PARTONE SUBSTANTIVE AMENDMENTS TO THE TREATY ON EUROPEAN UNION, THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES AND CERTAIN RELATED ACTS Article Article Article Article Article 5 '. 263 PART TWO PROVISIONS ON THE SIMPLIFICATION OF THE TREATIES Articles 6, 7, 8,9, 10 and PART THREE GENERAL AND FINAL PROVISIONS Article Article 13, 14 and 15 :...:.265 ANNEX TABLES OF EQUIVALENCES REFERRED TO IN ARTICLE 11 OF THE TREATY OF AMSTERDAM A. Treaty on European Union 266 B. Treaty establishing the European Community 267 PROTOCOLS A. Protocol annexed to the Treaty on European Union PROTOCOL ON ARTICLE J.7 OF THE TREATY ON EUROPEAN UNION '. 279 B. Protocols annexed to the Treaty on European Union and the Treaty establishing the European Community PROTOCOL INTEGRATING THE SCHENGEN ACQUIS INTO THE FRAMEWORK OF THE EUROPEAN UNION 280 ANNEX: SCHENGEN ACQUIS 283 xx

18 PROTOCOL ON THE APPLICATION OF CERTAIN ASPECTS OF ARTICLE 7a OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY TO THE UNITED KINGDOM AND TO IRELAND 285 PROTOCOL ON THE POSITION OF THE UNITED KINGDOM AND IRELAND 287 PROTOCOL ON THE POSITION OF DENMARK 289 C. Protocols annexed to the Treaty establishing the European Community PROTOCOL ON ASYLUM FOR NATIONALS OF MEMBER. STATES OF THE EUROPEAN UNION 291 PROTOCOL ON THE APPLICATION OF THE PRINCIPLE OF SUBSIDIARITY AND PROPORTIONALITY.293 PROTOCOL ON EXTERNAL RELATIONS OF THE MEMBER STATES WITH REGARD TO THE CROSSING OF EXTERNAL BORDERS 297 PROTOCOL ON THE SYSTEM OF PUBLIC BROADCASTING IN THE MEMBER STATES 298 PROTOCOL ON IMPROVED PROTECTION AND RESPECT FOR THE WELFARE OF ANIMALS 299 D. Protocols annexed to the Treaty on European Union and the Treaty establishing the European Community PROTOCOL ON THE INSTITUTIONS WITH THE PROSPECT OF ENLARGEMENT OF THE EUROPEAN UNION ; 300 PROTOCOL ON THE LOCATION OF THE SEATS OF THE INSTITUTIONS AND OF CERTAIN BODIES AND DEPARTMENTS OF THE EUROPEAN COMMUNITIES PROTOCOL ON THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN UNION 302 DECLARATIONS A. Declarations relating to the Treaty on European Union (1) DECLARATION ON ENHANCED COOPERATION BETWEEN THE EUROPEAN UNION AND THE WESTERN EUROPEAN UNION, 304 (2) DECLARATION RELATING TO WESTERN EUROPEAN UNION 304 xxi

19 (3) DECLARATION ON THE ABOLITION OF THE DEATH PENALTY 309 (4) DECLARATION RELATING TO ARTICLES J.14 AND K.I0309 (5) DECLARATION ON ARTICLE J.I5.309 (6) DECLARATION ON ARTICLE K (7) DECLARATION ON ARTICLE K.3(E)... ; 310 (8) DECLARATION ON ARTICLE K.6(2) 310 (9) DECLARATION RELATING TO ARTICLE K (10) DECLARATION ON THE STATUS OF CHURCHES AND NON CONFESSIONAL ORGANIZATIONS.".. :. 310 (11) DECLARATION ON THE ESTABLISHMENT OF A POLICY PLANNING AND EARLY WARNING UNIT 310 B. Declarations relating to the Treaty establishing the European Community (12) DECLARATION ON ENVIRONMENTAL IMPACT ASSESSMENTS 311 (13) DECLARATION ON ARTICLE 7D 311 (14) DECLARATION ON THE SIMPLIFICATION OF ARTICLE (15) DECLARATION ON THE PRESERVATION OF THE LEVEL OF PROTECTION AND SECURITY PROVIDED BY THE SCHENGEN ACQUIS : 312 (16) DECLARATION ON ARTICLE 73J(2)(B) 312 (17) DECLARATION ON ARTICLE 73K 312 (18) DECLARATION ON ARTICLE 73K(3)(A) 312 (19) DECLARATION ON ARTICLE 73L(1) 312 (20) DECLARATION ON ARTICLE 73M 312 (21) DECLARATION REGARDING PERSONS WITH A DISABILITY 313 (22) DECLARATION ON ARTICLE (23) DECLARATION ON INCENTIVE MEASURES REFERRED TO IN ARTICLE 109R 313 (24) DECLARATION ON ARTICLE 109R 313 (25) DECLARATION ON ARTICLE (26) DECLARATION ON ARTICLE 118(2) 313 (27) DECLARATION ON ARTICLE 118B(2) 314 (28) DECLARATION ON ARTICLE 119(4) 314 (29) DECLARATION ON SPORT 314 (30) DECLARATION ON ISLAND REGIONS 314 (31) DECLARATION RELATING TO COUNCIL DECISION OF 13 JULY 1987 : 314 xxii

20 (32) DECLARATION ON THE ORGANIZATION AND FUNCTIONING OF THE COMMISSION 315 (33) DECLARATION ON ARTICLE 188C(3) 315 (34) DECLARATION ON RESPECT FOR TIME LIMITS UNDER THE CO-DECISION PROCEDURE 315 (35) DECLARATION ON ARTICLE 191 A(l) 315 (36) DECLARATION ON THE OVERSEAS COUNTRIES AND TERRITORIES 316 (37) DECLARATION ON PUBLIC CREDIT INSTITUTIONS IN GERMANY 316 (38) DECLARATION ON VOLUNTARY SERVICE ACTIVITIES 317 (39) DECLARATION ON THE QUALITY OF THE DRAFTING OF COMMUNITY LEGISLATION 317 C. Declaration relating to the Treaty establishing the European Coal and Steel Community (40) DECLARATION CONCERNING THE PROCEDURE FOR CONCLUDING INTERNATIONAL AGREEMENTS BY THE EUROPEAN COAL AND STEEL COMMUNITY 318 D. Declaration relating to the Treaty on European Union and the Treaties establishing the European Communities (41) DECLARATION ON THE CONSOLIDATION OF THE TREATIES 318 E. Declarations relating to protocols (42) DECLARATION RELATING TO THE PROTOCOL ON THE APPLICATION OF THE PRINCIPLES OF SUBSIDIARITY AND PROPORTIONALITY 318 (43) DECLARATION ON ARTICLE 2 OF THE PROTOCOL INTEGRATING THE SCHENGEN ACQUIS INTO THE FRAMEWORK OF THE EUROPEAN UNION 319 (44) DECLARATION ON ARTICLE 4 OF THE PROTOCOL INTEGRATING THE SCHENGEN ACQUIS INTO THE FRAMEWORK OF THE EUROPEAN UNION 319 (45) DECLARATION ON ARTICLE 5 OF THE PROTOCOL INTEGRATING THE SCHENGEN ACQUIS INTO THE FRAMEWORK OF THE EUROPEAN UNION 319 xxin

21 (46) DECLARATION ON ARTICLE 6 OF THE PROTOCOL INTEGRATING THE SCHENGEN ACQUIS INTO THE FRAMEWORK OF THE EUROPEAN UNION 319 (47) DECLARATION RELATING TO THE PROTOCOL ON ASYLUM FOR NATIONALS OF MEMBER STATES OF THE EUROPEAN UNION 320 (48) DECLARATION RELATING TO SUBPARAGRAPH (D) OF THE SOLE ARTICLE OF THE PROTOCOL ON ASYLUM FOR NATIONALS OF MEMBER STATES OF THE EUROPEAN UNION 320 (49) DECLARATION RELATING TO THE PROTOCOL ON THE INSTITUTIONS WITH THE PROSPECT OF ENLARGEMENT OF THE EUROPEAN UNION 320 F. Declaration relating to the Treaty of Amsterdam (50) DECLARATION ON ARTICLE 10 OF THE TREATY OF AMSTERDAM 320 Declarations of which the Conference took note (1) DECLARATION BY AUSTRIA AND LUXEMBOURG ON CREDIT INSTITUTIONS 321 (2) DECLARATION BY DENMARK ON ARTICLE K (3) DECLARATION BY GERMANY, AUSTRIA AND BELGIUM ON SUBSIDIARITY 321 (4) DECLARATION BY IRELAND ON ARTICLE 3 OF THE PROTOCOL ON THE POSITION OF THE UNITED KINGDOM AND IRELAND 321 (5) DECLARATION BY BELGIUM ON THE PROTOCOL ON ASYLUM FOR NATIONALS OF MEMBER STATES OF THE EUROPEAN UNION 322 (6) DECLARATION BY BELGIUM 322 (7) DECLARATION BY FRANCE CONCERNING THE SITUATION OF THE OVERSEAS DEPARTMENTS IN THE LIGHT OF THE PROTOCOL INTEGRATING THE SCHENGEN ACQUIS INTO THE FRAMEWORK OF THE EUROPEAN UNION 322 (8) DECLARATION BY GREECE CONCERNING THE DECLARATION ON THE STATUS OF CHURCHES AND NON CONFESSIONAL ORGANISATIONS 322 XXIV

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