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PART III
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TITLE VII - COMMON PROVISIONS
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ARTICLES III-424 to III-436
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Taking account of the structural
economic and social situation of Guadeloupe, French
Guiana, Martinique, Réunion, the Azores, Madeira and the Canary Islands, which is
compounded by their remoteness, insularity, small size, difficult topography and climate,
economic dependence on a few products, the permanence and combination of which
severely restrain their development, the Council, on a proposal from the Commission,
shall adopt European laws, framework laws, regulations and decisions aimed, in
particular, at laying down the conditions of application of the Constitution to those
regions, including common policies. It shall act after consulting the European
Parliament.
The acts referred to in
the first paragraph concern in particular areas such as customs
and trade policies, fiscal policy, free zones, agriculture and fisheries policies, conditions
for supply of raw materials and essential consumer goods, State aids and conditions of
access to structural funds and to horizontal Union programmes.
The Council shall adopt
the acts referred to in the first paragraph taking into account the
special characteristics and constraints of the outermost regions without undermining the
integrity and the coherence of the Union legal order, including the internal market and
common policies. |
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The Constitution shall in
no way prejudice the rules in Member States governing the
system of property ownership. |
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In each of the Member States,
the Union shall enjoy the most extensive legal capacity
accorded to legal persons under their laws; it may, in particular, acquire or dispose of
movable and immovable property and may be a party to legal proceedings. To this end,
the Union shall be represented by the Commission. However, the Union shall be
represented by each of the institutions, by virtue of their administrative autonomy, in
matters relating to their respective operation. |
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The Staff Regulations of
officials and the Conditions of Employment of other servants of
the Union shall be laid down by a European law. It shall be adopted after consultation of
the institutions concerned. |
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The Commission may, within
the limits and under conditions laid down by a European
regulation or decision adopted by a simple majority by the Council, collect any
information and carry out any checks required for the performance of the tasks entrusted
to it. |
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1. Without prejudice to
Article 5
of the Protocol
on the Statute of the European System of
Central Banks and of the European Central Bank, measures for the production of
statistics shall be laid down by a European law or framework law where necessary for
the performance of the Union's activities.
2. The production of statistics
shall conform to impartiality, reliability, objectivity, scientific
independence, cost- effectiveness and statistical confidentiality. It shall not entail
excessive burdens on economic operators. |
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The members of the Union's
institutions, the members of committees, and the officials
and other servants of the Union shall be required, even after their duties have ceased,
not to disclose information of the kind covered by the obligation of professional secrecy,
in particular information about undertakings, their business relations or their cost
components. |
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The Union's contractual
liability shall be governed by the law applicable to the contract in
question.
In the case of non-contractual
liability, the Union shall, in accordance with the general
principles common to the laws of the Member States, make good any damage caused
by its institutions or by its servants in the performance of their duties.
Notwithstanding the second
paragraph, the European Central Bank shall, in accordance
with the general principles common to the laws of the Member States, make good any
damage caused by it or by its servants in the performance of their duties.
The personal liability of
its servants towards the Union shall be governed by the
provisions laid down in their Staff Regulations or in the Conditions of Employment
applicable to them. |
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The seat of the Union's
institutions shall be determined by common accord of the
governments of the Member States. |
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The Council shall adopt
unanimously a European regulation laying down the rules
governing the languages of the Union's institutions, without prejudice to the Statute of the
Court of Justice of the European Union. |
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The Union shall enjoy in
the territories of the Member States such privileges and
immunities as are necessary for the performance of its tasks, under the conditions laid
down in the Protocol
on the privileges and immunities of the European Union. |
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The rights and obligations
arising from agreements concluded before 1 January 1958 or,
for acceding States, before the date of their accession, between one or more Member
States on the one hand, and one or more third countries on the other, shall not be
affected by the Constitution.
To the extent that such
agreements are not compatible with the Constitution, the
Member State or States concerned shall take all appropriate steps to eliminate the
incompatibilities established. Member States shall, where necessary, assist each other
to this end and shall, where appropriate, adopt a common attitude.
In applying the agreements
referred to in the first paragraph, Member States shall take
into account the fact that the advantages accorded under the Constitution by each
Member State form an integral part of the Union and are thereby inseparably linked with
the creation of institutions on which powers have been conferred by the Constitution and
the granting of identical advantages by all the other Member States. |
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1. The Constitution shall
not preclude the application of the following rules:
(a) no Member State shall
be obliged to supply information the disclosure of which it
considers contrary to the essential interests of its security;
(b) any Member State may
take such measures as it considers necessary for the
protection of the essential interests of its security which are connected with the
production of or trade in arms, munitions and war material; such measures shall not
adversely affect the conditions of competition in the internal market regarding products
which are not intended for specifically military purposes.
2. The Council, on a proposal
from the Commission, may unanimously adopt a
European decision making changes to the list of 15 April 1958 of the products to which
the provisions of paragraph 1(b) apply. |
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