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PART IV
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A. Protocols annexed to the Treaty establishing a Constitution for Europe
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20. Protocol on the position of Denmark
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THE HIGH CONTRACTING PARTIES,
RECALLING the decision of the Heads
of State or Government, meeting within the
European Council at Edinburgh on 12 December 1992, concerning certain problems
raised by Denmark on the Treaty on European Union;
HAVING NOTED the position of Denmark
with regard to citizenship, economic and
monetary union, defence policy, and justice and home affairs as laid down in the
Edinburgh decision;
CONSCIOUS of the fact that a continuation
under the Constitution of the legal regime
originating in the Edinburgh decision will significantly limit Denmark's participation in
important areas of cooperation of the Union, and that it would be in the best interest of
the Union to ensure the integrity of the acquis in the area of freedom, security and
justice;
WISHING therefore to establish a legal
framework that will provide an option for Denmark
to participate in the adoption of measures proposed on the basis of Chapter IV
of Title III
of Part III of the Constitution and welcoming the intention of Denmark to avail itself of this
option when possible in accordance with its constitutional requirements;
NOTING that Denmark will not prevent
the other Member States from further developing
their cooperation with respect to measures not binding on Denmark;
BEARING IN MIND the Protocol on the
Schengen acquis integrated into the framework of
the European Union,
HAVE AGREED UPON the following provisions,
which shall be annexed to the
Constitution: |
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Denmark shall not take part in the
adoption by the Council of proposed measures
pursuant to Chapter
IV of Title III of Part III of
the Constitution. The unanimity of the
members of the Council, with the exception of the representative of the government of
Denmark, shall be necessary for the acts of the Council which must be adopted
unanimously.
For the purposes of this Article,
a qualified majority shall be defined as at least 55% of
the members of the Council representing the participating Member States, comprising at
least 65% of the population of these States.
A blocking minority must include at
least the minimum number of Council members
representing more than 35% of the population of the participating Member States, plus
one member, failing which the qualified majority shall be deemed attained.
By way of derogation from the second
and third paragraphs, where the Council does not
act on a proposal from the Commission or from the Union Minister for Foreign Affairs,
the required qualified majority shall be defined as at least 72% of the members of the
Council representing the participating Member States, comprising at least 65% of the
population of these States. |
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None of the provisions of Chapter
IV of Title III of Part III of
the Constitution, no measure
adopted pursuant to that Chapter, no provision of any international agreement concluded
by the Union pursuant to that Chapter, and no decision of the Court of Justice of the
European Union interpreting any such provision or measure shall be binding upon or
applicable in Denmark; and no such provision, measure or decision shall in any way
affect the competences, rights and obligations of Denmark; and no such provision,
measure or decision shall in any way affect the Community or Union acquis nor form
part of Union law as they apply to Denmark. |
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Denmark shall bear no financial consequences
of measures referred to in Article 1,
other than administrative costs entailed for the institutions. |
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1. Denmark shall decide within a period
of six months after the adoption of a measure to
build upon the Schengen acquis covered by Part I whether it will implement this measure
in its national law. If it decides to do so, this measure will create an obligation under
international law between Denmark and the other Member States bound by the measure.
If Denmark decides not to implement
such a measure, the Member States bound by that
measure and Denmark will consider appropriate measures to be taken.
2. Denmark shall maintain the rights
and obligations existing before the entry into force of
the Treaty establishing a Constitution for Europe with regard to the Schengen acquis. |
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With regard to measures adopted by
the Council pursuant to Article I- 41,
Article III-
295(1) and Articles III-309 to III-313
of the Constitution, Denmark does not participate in
the elaboration and the implementation of decisions and actions of the Union which have
defence implications. Therefore Denmark shall not participate in their adoption. Denmark
will not prevent the other Member States from further developing their cooperation in this
area. Denmark shall not be obliged to contribute to the financing of operational
expenditure arising from such measures, nor to make military capabilities available to
the Union.
The unanimity of the members of the
Council, with the exception of the representative of
the government of Denmark, shall be necessary for the acts of the Council which must
be adopted unanimously.
For the purposes of this Article,
a qualified majority shall be defined as at least 55% of
the members of the Council representing the participating Member States, comprising at
least 65% of the population of these States.
A blocking minority must include at
least the minimum number of Council members
representing more than 35% of the population of the participating Member States, plus
one member, failing which the qualified majority shall be deemed attained.
By way of derogation from the third
and fourth paragraphs, where the Council does not
act on a proposal from the Commission or from the Union Minister for Foreign Affairs,
the required qualified majority shall be defined as at least 72% of the members of the
Council representing the participating Member States, comprising at least 65% of the
population of these States. |
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This Protocol shall also apply to
measures remaining in force by virtue of Article IV-438
of the Constitution, which were covered, prior to the entry into force of the Treaty
establishing a Constitution for Europe, by the Protocol on the position of Denmark
annexed to the Treaty on European Union and to the Treaty establishing the European
Community. |
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Articles 1, 2 and 3 shall not apply
to measures determining the third countries whose
nationals must be in possession of a visa when crossing the external borders of the
Member States, or measures relating to a uniform format for visas. |
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At any time Denmark may, in accordance
with its constitutional requirements, inform the
other Member States that it no longer wishes to avail itself of all or part of this Protocol. In
that event, Denmark will apply in full all relevant measures then in force taken within the
framework of the Union. |
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1. At any time and without prejudice
to Article 8, Denmark may, in accordance with its
constitutional requirements, notify the other Member States that, with effect from the first
day of the month following the notification, Part I shall consist of the provisions in the
Annex. In that case Articles 5 to 9 shall be renumbered in consequence.
2. Six months after the date on which
the notification referred to in paragraph 1 takes
effect all Schengen acquis and measures adopted to build upon this acquis, which until
then have been binding on Denmark as obligations under international law, shall be
binding upon Denmark as Union law. |
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Subject to Article 3, Denmark shall
not take part in the adoption by the Council of
measures proposed pursuant to Chapter IV
of Title III of Part III of the Constitution. The
unanimity of the members of the Council, with the exception of the representative of the
government of Denmark, shall be necessary for the acts of the Council which must be
adopted unanimously.
For the purposes of this Article,
a qualified majority shall be defined as at least 55% of
the members of the Council representing the participating Member States, comprising at
least 65% of the population of these States.
A blocking minority must include at
least the minimum number of Council members
representing more than 35% of the population of the participating Member States, plus
one member, failing which the qualified majority shall be deemed attained.
By way of derogation from the second
and third paragraphs, where the Council does not
act on a proposal from the Commission or from the Union Minister for Foreign Affairs,
the required qualified majority shall be defined as at least 72% of the members of the
Council representing the participating Member States, comprising at least 65% of the
population of these States. |
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Pursuant to Article 1 and subject
to Articles 3, 4 and 6, none of the provisions in Chapter
IV of Title III of Part III of
the Constitution, no measure adopted pursuant to that Chapter,
no provision of any international agreements concluded by the Union pursuant to that
Chapter, no decision of the Court of Justice of the European Union interpreting any such
provision or measure shall be binding upon or applicable in Denmark; and no such
provision, measure or decision shall in any way affect the competences, rights and
obligations of Denmark; and no such provision, measure or decision shall in any way
affect the Community or Union acquis nor form part of Union law as they apply to
Denmark. |
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1. Denmark may notify the President
of the Council in writing, within three months after a
proposal or initiative has been presented to the Council pursuant to Chapter IV
of Title III
of Part III of the Constitution, that it wishes to take part in the adoption and application of
any such proposed measure, whereupon Denmark shall be entitled to do so.
2. If after a reasonable period of
time a measure referred to in paragraph 1 cannot be
adopted with Denmark taking part, the Council may adopt that measure referred to in
paragraph 1 in accordance with Article 1 without the participation of Denmark. In that
case Article 2 applies. |
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Denmark may at any time after the
adoption of a measure pursuant to Chapter IV
of Title
III of Part III of the Constitution notify its intention to the Council and the Commission that
it wishes to accept that measure. In that case, the procedure provided for in Article III-
420(1) of the Constitution shall
apply mutatis mutandis. |
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1. Notification pursuant to Article
4 shall be submitted no later than six months after the
final adoption of a measure if this measure builds upon the Schengen acquis.
If Denmark does not submit a notification
in accordance with Articles 3 or 4 regarding a
measure building upon the Schengen acquis, the Member States bound by that measure
and Denmark will consider appropriate measures to be taken.
2. A notification pursuant to Article
3 with respect to a measure building upon the
Schengen acquis shall be deemed irrevocably to be a notification pursuant to Article 3
with respect to any further proposal or initiative aiming to build upon that measure to the
extent that such proposal or initiative builds upon the Schengen acquis. |
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Where, in cases referred to in this
Part, Denmark is bound by a measure adopted by the
Council pursuant to Chapter IV
of Title III of Part III of the Constitution, the relevant
provisions of the Constitution shall apply to Denmark in relation to that measure. |
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Where Denmark is not bound by a measure
adopted pursuant to Chapter IV
of Title III of
Part III of the Constitution, it shall bear no financial consequences of that measure other
than administrative costs entailed for the institutions unless the Council, acting
unanimously after consulting the European Parliament, decides otherwise. |
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