1. If action by the Union should prove necessary, within the framework of the policies
defined in
Part
III, to attain one of the objectives set by the Constitution,
and the
Constitution has not provided the necessary powers, the Council of Ministers, acting
unanimously on a proposal from the European Commission and after obtaining the
consent of the European Parliament, shall adopt the appropriate measures.
2. Using the procedure for monitoring the subsidiarity principle referred to in Article
I-9(3),
the European Commission shall draw Member States' national Parliaments' attention to
proposals based on this Article.
3. Measures based on this Article may not entail harmonisation of Member States' laws
or regulations in cases where the Constitution excludes such harmonisation.