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PART III
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TITLE III - INTERNAL POLICIES AND ACTION
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CHAPTER III - POLICIES IN OTHER AREAS
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SECTION
3 - ECONOMIC, SOCIAL AND TERRITORIAL COHESION
SECTION
9 - RESEARCH AND TECHNOLOGICAL DEVELOPMENT
AND SPACE
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The Union and the Member
States shall, in accordance with this Section, work towards
developing a coordinated strategy for employment and particularly for promoting a
skilled, trained and adaptable workforce and labour markets responsive to economic
change with a view to achieving the objectives referred to in Article I-3. |
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1. Member States, through
their employment policies, shall contribute to the
achievement of the objectives referred to in Article III-203 in a way consistent with the
broad guidelines of the economic policies of the Member States and of the Union
adopted pursuant to Article III-179(2).
2. Member States, having
regard to national practices related to the responsibilities of
management and labour, shall regard promoting employment as a matter of common
concern and shall coordinate their action in this respect within the Council, in
accordance with Article III-206. |
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1. The Union shall contribute
to a high level of employment by encouraging cooperation
between Member States and by supporting and, if necessary, complementing their
action. In doing so, the competences of the Member States shall be respected.
2. The objective of a high
level of employment shall be taken into consideration in the
formulation and implementation of Union policies and activities. |
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1. The European Council
shall each year consider the employment situation in the Union
and adopt conclusions thereon, on the basis of a joint annual report by the Council and
the Commission.
2. On the basis of the conclusions
of the European Council, the Council, on a proposal
from the Commission, shall each year adopt guidelines which the Member States shall
take into account in their employment policies. It shall act after consulting the European
Parliament, the Committee of the Regions, the Economic and Social Committee and the
Employment Committee.
These guidelines shall be
consistent with the broad guidelines adopted pursuant to
Article III-179(2).
3. Each Member State shall
provide the Council and the Commission with an annual
report on the principal measures taken to implement its employment policy in the light of
the guidelines for employment as referred to in paragraph 2.
4. The Council, on the basis
of the reports referred to in paragraph 3 and having received
the views of the Employment Committee, shall each year carry out an examination of the
implementation of the employment policies of the Member States in the light of the
guidelines for employment. The Council, on a recommendation from the Commission,
may adopt recommendations which it shall address to Member States.
5. On the basis of the results
of that examination, the Council and the Commission shall
make a joint annual report to the European Council on the employment situation in the
Union and on the implementation of the guidelines for employment. |
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European laws or framework
laws may establish incentive measures designed to
encourage cooperation between Member States and to support their action in the field of
employment through initiatives aimed at developing exchanges of information and best
practices, providing comparative analysis and advice as well as promoting innovative
approaches and evaluating experiences, in particular by recourse to pilot projects. They
shall be adopted after consultation of the Committee of the Regions and the Economic
and Social Committee.
Such European laws or framework
laws shall not include harmonisation of the laws and
regulations of the Member States. |
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The Council shall, by a
simple majority, adopt a European decision establishing an
Employment Committee with advisory status to promote coordination between Member
States on employment and labour market policies. It shall act after consulting the
European Parliament.
The tasks of the Committee
shall be:
(a) to monitor the employment
situation and employment policies in the Union and the
Member States;
(b) without prejudice to
Article III-344, to formulate opinions at the request of either the
Council or the Commission or on its own initiative, and to contribute to the preparation of
the Council proceedings referred to in Article III-206.
In fulfilling its mandate,
the Committee shall consult management and labour.
Each Member State and the
Commission shall appoint two members of the Committee. |
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The Union and the Member
States, having in mind fundamental social rights such as
those set out in the European Social Charter signed at Turin on 18 October 1961 and in
the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have
as their objectives the promotion of employment, improved living and working conditions,
so as to make possible their harmonisation while the improvement is being maintained,
proper social protection, dialogue between management and labour, the development of
human resources with a view to lasting high employment and the combating of
exclusion.
To this end the Union and
the Member States shall act taking account of the diverse
forms of national practices, in particular in the field of contractual relations, and the need
to maintain the competitiveness of the Union economy.
They believe that such a
development will ensue not only from the functioning of the
internal market, which will favour the harmonisation of social systems, but also from the
procedures provided for in the Constitution and from the approximation of provisions laid
down by law, regulation or administrative action of the Member States. |
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1. With a view to achieving
the objectives of Article III-209, the Union shall support and
complement the activities of the Member States in the following fields:
(a) improvement in particular
of the working environment to protect workers' health and
safety;
(b) working conditions;
(c) social security and
social protection of workers;
(d) protection of workers
where their employment contract is terminated;
(e) the information and
consultation of workers;
(f) representation and collective
defence of the interests of workers and employers,
including co-determination, subject to paragraph 6;
(g) conditions of employment
for third-country nationals legally residing in Union territory;
(h) the integration of persons
excluded from the labour market, without prejudice to
Article III-283;
(i) equality between women
and men with regard to labour market opportunities and
treatment at work;
(j) the combating of social
exclusion;
(k) the modernisation of
social protection systems without prejudice to point (c).
2. For the purposes of paragraph
1:
(a) European laws or framework
laws may establish measures designed to encourage
cooperation between Member States through initiatives aimed at improving knowledge,
developing exchanges of information and best practices, promoting innovative
approaches and evaluating experiences, excluding any harmonisation of the laws and
regulations of the Member States;
(b) in the fields referred
to in paragraph 1(a) to (i), European framework laws may
establish minimum requirements for gradual implementation, having regard to the
conditions and technical rules obtaining in each of the Member States. Such European
framework laws shall avoid imposing administrative, financial and legal constraints in a
way which would hold back the creation and development of small and medium- sized
undertakings.
In all cases, such European
laws or framework laws shall be adopted after consultation
of the Committee of the Regions and the Economic and Social Committee.
3. By way of derogation
from paragraph 2, in the fields referred to in paragraph 1(c), (d),
(f) and (g), European laws or framework laws shall be adopted by the Council acting
unanimously after consulting the European Parliament, the Committee of the Regions
and the Economic and Social Committee.
The Council may, on a proposal
from the Commission, adopt a European decision
making the ordinary legislative procedure applicable to paragraph 1(d), (f) and (g). It shall
act unanimously after consulting the European Parliament.
4. A Member State may entrust
management and labour, at their joint request, with the
implementation of European framework laws adopted pursuant to paragraphs 2 and 3
or, where appropriate, with the implementation of European regulations or decisions
adopted in accordance with Article III-212.
In this case, it shall ensure
that, no later than the date on which a European framework
law must be transposed, or a European regulation or decision implemented,
management and labour have introduced the necessary measures by agreement, the
Member State concerned being required to take any necessary measure enabling it at
any time to be in a position to guarantee the results imposed by that framework law,
regulation or decision.
5. The European laws and
framework laws adopted pursuant to this Article:
(a) shall not affect the
right of Member States to define the fundamental principles of their
social security systems and must not significantly affect the financial equilibrium of such
systems;
(b) shall not prevent any
Member State from maintaining or introducing more stringent
protective measures compatible with the Constitution.
6. This Article shall not
apply to pay, the right of association, the right to strike or the right
to impose lock-outs. |
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1. The Commission shall
promote the consultation of management and labour at Union
level and shall adopt any relevant measure to facilitate their dialogue by ensuring
balanced support for the parties.
2. For the purposes of paragraph
1, before submitting proposals in the social policy field,
the Commission shall consult management and labour on the possible direction of Union
action.
3. If, after the consultation
referred to in paragraph 2, the Commission considers Union
action desirable, it shall consult management and labour on the content of the envisaged
proposal. Management and labour shall forward to the Commission an opinion or, where
appropriate, a recommendation.
4. On the occasion of the
consultation referred to in paragraphs 2 and 3, management
and labour may inform the Commission of their wish to initiate the process provided for
in Article III-212(1).
The duration of this process shall not exceed nine months, unless the
management and labour concerned and the Commission decide jointly to extend it. |
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1. Should management and
labour so desire, the dialogue between them at Union level
may lead to contractual relations, including agreements.
2. Agreements concluded
at Union level shall be implemented either in accordance with
the procedures and practices specific to management and labour and the Member
States or, in matters covered by Article III-210, at the joint request of the signatory
parties, by European regulations or decisions adopted by the Council on a proposal from
the Commission. The European Parliament shall be informed.
Where the agreement in question
contains one or more provisions relating to one of the
areas for which unanimity is required pursuant to Article III-210(3), the Council shall act
unanimously. |
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With a view to achieving
the objectives of Article III-209 and without prejudice to the other
provisions of the Constitution, the Commission shall encourage cooperation between the
Member States and facilitate the coordination of their action in all social policy fields
under this Section, particularly in matters relating to:
(a) employment;
(b) labour law and working
conditions;
(c) basic and advanced vocational
training;
(d) social security;
(e) prevention of occupational
accidents and diseases;
(f) occupational hygiene;
(g) the right of association
and collective bargaining between employers and workers.
To this end, the Commission
shall act in close contact with Member States by making
studies, delivering opinions and arranging consultations both on problems arising at
national level and on those of concern to international organisations, in particular
initiatives aiming at the establishment of guidelines and indicators, the organisation of
exchange of best practice, and the preparation of the necessary elements for periodic
monitoring and evaluation. The European Parliament shall be kept fully informed.
Before delivering the opinions
provided for in this Article, the Commission shall consult
the Economic and Social Committee. |
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1. Each Member State shall
ensure that the principle of equal pay for female and male
workers for equal work or work of equal value is applied.
2. For the purpose of this
Article, "pay" means the ordinary basic or minimum wage or
salary and any other consideration, whether in cash or in kind, which the worker receives
directly or indirectly, in respect of his employment, from his employer.
Equal pay without discrimination
based on sex means:
(a) that pay for the same
work at piece rates shall be calculated on the basis of the
same unit of measurement;
(b) that pay for work at
time rates shall be the same for the same job.
3. European laws or framework
laws shall establish measures to ensure the application
of the principle of equal opportunities and equal treatment of women and men in matters
of employment and occupation, including the principle of equal pay for equal work or
work of equal value. They shall be adopted after consultation of the Economic and Social
Committee.
4. With a view to ensuring
full equality in practice between women and men in working
life, the principle of equal treatment shall not prevent any Member State from maintaining
or adopting measures providing for specific advantages in order to make it easier for the
under-represented sex to pursue a vocational activity, or to prevent or compensate for
disadvantages in professional careers. |
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Member States shall endeavour
to maintain the existing equivalence between paid
holiday schemes. |
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The Commission shall draw
up a report each year on progress in achieving the
objectives of Article III-209, including the demographic situation within the Union. It shall
forward the report to the European Parliament, the Council and the Economic and Social
Committee. |
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The Council shall, by a
simple majority, adopt a European decision establishing a Social
Protection Committee with advisory status to promote cooperation on social protection
policies between Member States and with the Commission. The Council shall act after
consulting the European Parliament.
The tasks of the Committee shall be:
(a) to monitor the social
situation and the development of social protection policies in the
Member States and within the Union;
(b) to promote exchanges
of information, experience and good practice between
Member States and with the Commission;
(c) without prejudice to
Article III-344, to prepare reports, formulate opinions or undertake
other work within the scope of its powers, at the request of either the Council or the
Commission or on its own initiative.
In fulfilling its mandate,
the Committee shall establish appropriate contacts with
management and labour.
Each Member State and the
Commission shall appoint two members of the Committee. |
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The Commission shall include
a separate chapter on social developments within the
Union in its annual report to the European Parliament.
The European Parliament
may invite the Commission to draw up reports on any
particular problems concerning social conditions. |
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1. In order to improve employment
opportunities for workers in the internal market and to
contribute thereby to raising the standard of living, a European Social Fund is hereby
established; it shall aim to render the employment of workers easier and to increase
their geographical and occupational mobility within the Union, and to facilitate their
adaptation to industrial changes and to changes in production systems, in particular
through vocational training and retraining.
2. The Commission shall
administer the Fund. It shall be assisted in this task by a
Committee presided over by a member of the Commission and composed of
representatives of Member States, trade unions and employers' organisations.
3. European laws shall establish
implementing measures relating to the Fund. Such
laws shall be adopted after consultation of the Committee of the Regions and the
Economic and Social Committee. |
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In order to promote its
overall harmonious development, the Union shall develop and
pursue its action leading to the strengthening of its economic, social and territorial
cohesion.
In particular, the Union
shall aim at reducing disparities between the levels of
development of the various regions and the backwardness of the least favoured regions.
Among the regions concerned,
particular attention shall be paid to rural areas, areas
affected by industrial transition, and regions which suffer from severe and permanent
natural or demographic handicaps such as the northernmost regions with very low
population density and island, cross-border and mountain regions. |
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Member States shall conduct
their economic policies and shall coordinate them in such
a way as, in addition, to attain the objectives set out in Article III-220. The formulation and
implementation of the Union's policies and action and the implementation of the internal
market shall take into account those objectives and shall contribute to their achievement.
The Union shall also support the achievement of these objectives by the action it takes
through the Structural Funds (European Agricultural Guidance and Guarantee Fund,
Guidance Section; European Social Fund; European Regional Development Fund), the
European Investment Bank and the other existing financial instruments.
The Commission shall submit
a report to the European Parliament, the Council, the
Committee of the Regions and the Economic and Social Committee every three years
on the progress made towards achieving economic, social and territorial cohesion and
on the manner in which the various means provided for in this Article have contributed to
it. This report shall, if necessary, be accompanied by appropriate proposals.
European laws or framework
laws may establish any specific measure outside the
Funds, without prejudice to measures adopted within the framework of the Union's other
policies. They shall be adopted after consultation of the Committee of the Regions and
the Economic and Social Committee. |
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The European Regional Development
Fund is intended to help to redress the main
regional imbalances in the Union through participation in the development and structural
adjustment of regions whose development is lagging behind and in the conversion of
declining industrial regions. |
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1. Without prejudice to
Article III-224,
European laws shall define the tasks, the priority
objectives and the organisation of the Structural Funds, which may involve grouping the
Funds, the general rules applicable to them and the provisions necessary to ensure their
effectiveness and the coordination of the Funds with one another and with the other
existing financial instruments.
In all cases, such European laws shall be adopted after consultation of the Committee
of
the Regions and the Economic and Social Committee.
2. The first provisions
on the Structural Funds and the Cohesion Fund to be adopted
following those in force on the date on which the Treaty establishing a Constitution for
Europe is signed shall be established by a European law of the Council. The Council
shall act unanimously after obtaining the consent of the European Parliament.
A Cohesion Fund set up by
a European law shall provide a financial contribution to
projects in the fields of environment and trans-European networks in the area of
transport infrastructure. |
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European laws shall establish
implementing measures relating to the European
Regional Development Fund. Such laws shall be adopted after consultation of the
Committee of the Regions and the Economic and Social Committee.
With regard to the European
Agricultural Guidance and Guarantee Fund, Guidance
Section, and the European Social Fund, Articles III-231 and III- 219(3) respectively shall
apply. |
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The Union shall define and
implement a common agriculture and fisheries policy.
"Agricultural products"
means the products of the soil, of stockfarming and of fisheries
and products of first-stage processing directly related to these products. References to
the common agricultural policy or to agriculture, and the use of the term "agricultural",
shall be understood as also referring to fisheries, having regard to the specific
characteristics of this sector. |
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1. The internal market shall
extend to agriculture and trade in agricultural products.
2. Save as otherwise provided
in Articles III-227
to III-232,
the rules laid down for the
establishment and functioning of the internal market shall apply to agricultural products.
3. The products listed in
Annex I shall be subject to Articles III-227 to III-232.
4. The operation and development
of the internal market for agricultural products must
be accompanied by a common agricultural policy.
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See also
Annex I - List
referred to in Article III-226 of the Constitution |
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1. The objectives of the
common agricultural policy shall be:
(a) to increase agricultural
productivity by promoting technical progress and by ensuring
the rational development of agricultural production and the optimum utilisation of the
factors of production, in particular labour;
(b) thus to ensure a fair
standard of living for the agricultural community, in particular by
increasing the individual earnings of persons engaged in agriculture;
(c) to stabilise markets;
(d) to assure the availability
of supplies;
(e) to ensure that supplies
reach consumers at reasonable prices.
2. In working out the common
agricultural policy and the special methods for its
application, account shall be taken of:
(a) the particular nature
of agricultural activity, which results from the social structure of
agriculture and from structural and natural disparities between the various agricultural
regions;
(b) the need to effect the
appropriate adjustments by degrees;
(c) the fact that in the
Member States agriculture constitutes a sector closely linked with
the economy as a whole. |
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1. In order to attain the
objectives set out in Article III-227, a common organisation of
agricultural markets shall be established.
This organisation shall
take one of the following forms, depending on the product
concerned:
(a) common rules on competition;
(b) compulsory coordination
of the various national market organisations;
(c) a European market organisation.
2. The common organisation
established in accordance with paragraph 1 may include all
measures required to attain the objectives set out in Article III-227, in particular regulation
of prices, aids for the production and marketing of the various products, storage and
carryover arrangements and common machinery for stabilising imports or exports.
The common organisation
shall be limited to pursuit of the objectives set out in Article III-
227 and shall exclude any discrimination between producers or consumers within the
Union.
Any common price policy
shall be based on common criteria and uniform methods of
calculation.
3. In order to enable the
common organisation referred to in paragraph 1 to attain its
objectives, one or more agricultural guidance and guarantee funds may be set up. |
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To enable the objectives
set out in Article III-227 to be attained, provision may be made
within the framework of the common agricultural policy for measures such as:
(a) an effective coordination
of efforts in the spheres of vocational training, of research
and of the dissemination of agricultural knowledge; this may include joint financing of
projects or institutions;
(b) joint measures to promote
consumption of certain products. |
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1. The Section relating
to rules on competition shall apply to production of and trade in
agricultural products only to the extent determined by European laws or framework laws
in accordance with Article III-231(2), having regard to the objectives set out in Article III-
227.
2. The Council, on a proposal
from the Commission, may adopt a European regulation
or decision authorising the granting of aid:
(a) for the protection of
enterprises handicapped by structural or natural conditions;
(b) within the framework
of economic development programmes. |
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1. The Commission shall
submit proposals for working out and implementing the
common agricultural policy, including the replacement of the national organisations by
one of the forms of common organisation provided for in Article III-228(1), and for
implementing the measures referred to in this Section.
These proposals shall take
account of the interdependence of the agricultural matters
referred to in this Section.
2. European laws or framework
laws shall establish the common organisation of the
market provided for in Article III-228(1) and the other provisions necessary for the pursuit
of the objectives of the common agricultural policy and the common fisheries policy.
They shall be adopted after consultation of the Economic and Social Committee.
3. The Council, on a proposal
from the Commission, shall adopt the European
regulations or decisions on fixing prices, levies, aid and quantitative limitations and on
the fixing and allocation of fishing opportunities.
4. In accordance with paragraph
2, the national market organisations may be replaced
by the common organisation provided for in Article III-228(1) if:
(a) the common organisation
offers Member States which are opposed to this measure
and which have an organisation of their own for the production in question equivalent
safeguards for the employment and standard of living of the producers concerned,
account being taken of the adjustments that will be possible and the specialisation that
will be needed with the passage of time, and
(b) such an organisation
ensures conditions for trade within the Union similar to those
existing in a national market.
5. If a common organisation
for certain raw materials is established before a common
organisation exists for the corresponding processed products, such raw materials as
are used for processed products intended for export to third countries may be imported
from outside the Union. |
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Where in a Member State
a product is subject to a national market organisation or to
internal rules having equivalent effect which affect the competitive position of similar
production in another Member State, a countervailing charge shall be applied by Member
States to imports of this product coming from the Member State where such
organisation or rules exist, unless that State applies a countervailing charge on export.
The Commission shall adopt
European regulations or decisions fixing the amount of
these charges at the level required to redress the balance. It may also authorise other
measures, the conditions and details of which it shall determine. |
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1. Union policy on the environment
shall contribute to the pursuit of the following
objectives:
(a) preserving, protecting
and improving the quality of the environment;
(b) protecting human health;
(c) prudent and rational
utilisation of natural resources;
(d) promoting measures at
international level to deal with regional or worldwide
environmental problems.
2. Union policy on the environment
shall aim at a high level of protection taking into
account the diversity of situations in the various regions of the Union. It shall be based on
the precautionary principle and on the principles that preventive action should be taken,
that environmental damage should as a priority be rectified at source and that the
polluter should pay.
In this context, harmonisation
measures answering environmental protection
requirements shall include, where appropriate, a safeguard clause allowing Member
States to take provisional steps, for non-economic environmental reasons, subject to a
procedure of inspection by the Union.
3. In preparing its policy
on the environment, the Union shall take account of:
(a) available scientific
and technical data;
(b) environmental conditions
in the various regions of the Union;
(c) the potential benefits
and costs of action or lack of action;
(d) the economic and social
development of the Union as a whole and the balanced
development of its regions.
4. Within their respective
spheres of competence, the Union and the Member States
shall cooperate with third countries and with the competent international organisations.
The arrangements for the Union's cooperation may be the subject of agreements
between the Union and the third parties concerned.
The first subparagraph shall
be without prejudice to Member States' competence to
negotiate in international bodies and to conclude international agreements. |
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1. European laws or framework
laws shall establish what action is to be taken in order to
achieve the objectives referred to in Article III-233. They shall be adopted after
consultation of the Committee of the Regions and the Economic and Social Committee.
2. By way of derogation
from paragraph 1 and without prejudice to Article III-172, the
Council shall unanimously adopt European laws or framework laws establishing:
(a) provisions primarily
of a fiscal nature;
(b) measures affecting:
(i) town and country planning;
(ii) quantitative management
of water resources or affecting, directly or indirectly, the
availability of those resources;
(iii) land use, with the
exception of waste management;
(c) measures significantly
affecting a Member State's choice between different energy
sources and the general structure of its energy supply.
The Council, on a proposal
from the Commission, may unanimously adopt a European
decision making the ordinary legislative procedure applicable to the matters referred to in
the first subparagraph .
In all cases, the Council
shall act after consulting the European Parliament, the
Committee of the Regions and the Economic and Social Committee.
3. European laws shall establish
general action programmes which set out priority
objectives to be attained. Such laws shall be adopted after consultation of the
Committee of the Regions and the Economic and Social Committee.
The measures necessary for
the implementation of these programmes shall be adopted
under the terms of paragraph 1 or 2, as the case may be.
4. Without prejudice to
certain measures adopted by the Union, the Member States shall
finance and implement the environment policy.
5. Without prejudice to
the principle that the polluter should pay, if a measure based on
paragraph 1 involves costs deemed disproportionate for the public authorities of a
Member State, such measure shall provide in appropriate form for:
(a) temporary derogations,
and/or
(b) financial support from
the Cohesion Fund.
6. The protective measures
adopted pursuant to this Article shall not prevent any
Member State from maintaining or introducing more stringent protective measures. Such
measures must be compatible with the Constitution. They shall be notified to the
Commission. |
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1. In order to promote the
interests of consumers and to ensure a high level of consumer
protection, the Union shall contribute to protecting the health, safety and economic
interests of consumers, as well as to promoting their right to information, education and
to organise themselves in order to safeguard their interests.
2. The Union shall contribute
to the attainment of the objectives referred to in paragraph
1 through:
(a) measures adopted pursuant
to Article III-172
in the context of the establishment and
functioning of the internal market;
(b) measures which support,
supplement and monitor the policy pursued by the Member
States.
3. European laws or framework
laws shall establish the measures referred to in
paragraph 2(b). Such laws shall be adopted after consultation of the Economic and
Social Committee.
4. Acts adopted pursuant
to paragraph 3 shall not prevent any Member State from
maintaining or introducing more stringent protective provisions. Such provisions must be
compatible with the Constitution. They shall be notified to the Commission. |
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1. The objectives of the
Constitution shall, in matters governed by this Section, be
pursued within the framework of a common transport policy.
2. European laws or framework
laws shall implement paragraph 1, taking into account
the distinctive features of transport. They shall be adopted after consultation of the
Committee of the Regions and the Economic and Social Committee.
Such European laws or framework
laws shall establish:
(a) common rules applicable
to international transport to or from the territory of a
Member State or passing across the territory of one or more Member States;
(b) the conditions under
which non-resident carriers may operate transport services
within a Member State;
(c) measures to improve
transport safety;
(d) any other appropriate
measure.
When the European laws or
framework laws referred to in paragraph 2 are adopted,
account shall be taken of cases where their application might seriously affect the
standard of living and level of employment in certain regions, and the operation of
transport facilities. |
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Until the European laws
or framework laws referred to in Article III-236(2) have been
adopted, no Member State may, unless the Council has unanimously adopted a
European decision granting a derogation, make the various provisions governing the
subject on 1 January 1958 or, for acceding States, the date of their accession less
favourable in their direct or indirect effect on carriers of other Member States as
compared with carriers who are nationals of that State. |
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Aids shall be compatible
with the Constitution if they meet the needs of coordination of
transport or if they represent reimbursement for the discharge of certain obligations
inherent in the concept of a public service. |
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Any measures adopted within
the framework of the Constitution in respect of transport
rates and conditions shall take account of the economic circumstances of carriers. |
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1. In the case of transport
within the Union, discrimination which takes the form of
carriers charging different rates and imposing different conditions for the carriage of the
same goods over the same transport links on grounds of the Member State of origin or
of destination of the goods in question shall be prohibited.
2. Paragraph 1 shall not
prevent the adoption of other European laws or framework laws
pursuant to Article III-236(2).
3. The Council, on a proposal
from the Commission, shall adopt European regulations or
decisions for implementing paragraph 1. It shall act after consulting the European
Parliament and the Economic and Social Committee.
The Council may in particular
adopt the European regulations and decisions needed to
enable the institutions to secure compliance with the rule laid down in paragraph 1 and to
ensure that users benefit from it to the full.
4. The Commission, acting
on its own initiative or on application by a Member State,
shall investigate any cases of discrimination falling within paragraph 1 and, after
consulting any Member State concerned, adopt the necessary European decisions
within the framework of the European regulations and decisions referred to in paragraph
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1. The imposition by a Member
State, in respect of transport operations carried out
within the Union, of rates and conditions involving any element of support or protection in
the interest of one or more particular undertakings or industries shall be prohibited,
unless authorised by a European decision of the Commission.
2. The Commission, acting
on its own initiative or on application by a Member State,
shall examine the rates and conditions referred to in paragraph 1, taking account in
particular of the requirements of an appropriate regional economic policy, the needs of
underdeveloped areas and the problems of areas seriously affected by political
circumstances on the one hand, and of the effects of such rates and conditions on
competition between the different modes of transport on the other.
After consulting each Member
State concerned, the Commission shall adopt the
necessary European decisions.
3. The prohibition provided
for in paragraph 1 shall not apply to tariffs fixed to meet
competition. |
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Charges or dues in respect
of the crossing of frontiers which are charged by a carrier in
addition to the transport rates shall not exceed a reasonable level after taking the costs
actually incurred thereby into account.
Member States shall endeavour to reduce these costs.
The Commission may make
recommendations to Member States for the application of
this Article. |
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The provisions of this Section
shall not form an obstacle to the application of measures
taken in the Federal Republic of Germany to the extent that such measures are required
in order to compensate for the economic disadvantages caused by the division of
Germany to the economy of certain areas of the Federal Republic affected by that
division. Five years after the entry into force of the Treaty establishing a Constitution for
Europe, the Council, acting on a proposal from the Commission, may adopt a European
decision repealing this Article. |
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An Advisory Committee consisting
of experts designated by the governments of the
Member States shall be attached to the Commission. The Commission, whenever it
considers it desirable, shall consult the Committee on transport matters. |
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1. This Section shall apply
to transport by rail, road and inland waterway.
2. European laws or framework
laws may lay down appropriate measures for sea and
air transport. They shall be adopted after consultation of the Committee of the Regions
and the Economic and Social Committee. |
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1. To help achieve the objectives
referred to in Articles III-130
and III-220
and to enable
citizens of the Union, economic operators and regional and local communities to derive
full benefit from the setting-up of an area without internal frontiers, the Union shall
contribute to the establishment and development of trans- European networks in the
areas of transport, telecommunications and energy infrastructures.
2. Within the framework
of a system of open and competitive markets, action by the
Union shall aim at promoting the interconnection and interoperability of national networks
as well as access to such networks. It shall take account in particular of the need to link
island, landlocked and peripheral regions with the central regions of the Union. |
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1. In order to achieve the
objectives referred to in Article III-246, the Union:
(a) shall establish a series
of guidelines covering the objectives, priorities and broad
lines of measures envisaged in the sphere of trans- European networks; these
guidelines shall identify projects of common interest;
(b) shall implement any
measures that may prove necessary to ensure the
interoperability of the networks, in particular in the field of technical standardisation;
(c) may support projects
of common interest supported by Member States, which are
identified in the framework of the guidelines referred to in point (a), particularly through
feasibility studies, loan guarantees or interest-rate subsidies; the Union may also
contribute, through the Cohesion Fund, to the financing of specific projects in Member
States in the area of transport infrastructure.
The Union's activities shall
take into account the potential economic viability of the
projects.
2. European laws or framework
laws shall establish the guidelines and other measures
referred to in paragraph 1. Such laws shall be adopted after consultation of the
Committee of the Regions and the Economic and Social Committee.
Guidelines and projects
of common interest which relate to the territory of a Member
State shall require the agreement of that Member State.
3. Member States shall,
in liaison with the Commission, coordinate among themselves
the policies pursued at national level which may have a significant impact on the
achievement of the objectives referred to in Article III-246. The Commission may, in
close cooperation with the Member States, take any useful initiative to promote such
coordination.
4. The Union may cooperate
with third countries to promote projects of mutual interest
and to ensure the interoperability of networks. |
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1. The Union shall aim to
strengthen its scientific and technological bases by achieving a
European research area in which researchers, scientific knowledge and technology
circulate freely, and encourage it to become more competitive, including in its industry,
while promoting all the research activities deemed necessary by virtue of other Chapters
of the Constitution.
2. For the purposes referred
to in paragraph 1 the Union shall, throughout the Union,
encourage undertakings, including small and medium-sized undertakings, research
centres and universities in their research and technological development activities of
high quality. It shall support their efforts to cooperate with one another, aiming, notably, at
permitting researchers to cooperate freely across borders and at enabling undertakings
to exploit the internal market potential, in particular through the opening-up of national
public contracts, the definition of common standards and the removal of legal and fiscal
obstacles to that cooperation.
3. All the Union's activities
in the area of research and technological development,
including demonstration projects, shall be decided on and implemented in accordance
with this Section. |
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In pursuing the objectives
referred to in Article III-248, the Union shall carry out the
following activities, complementing the activities carried out in the Member States:
(a) implementation of research,
technological development and demonstration
programmes, by promoting cooperation with and between undertakings, research
centres and universities;
(b) promotion of cooperation
in the field of the Union's research, technological
development and demonstration with third countries and international organisations;
(c) dissemination and optimisation
of the results of activities in the Union's research,
technological development and demonstration;
(d) stimulation of the training
and mobility of researchers in the Union. |
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1. The Union and the Member
States shall coordinate their research and technological
development activities so as to ensure that national policies and the Union's policy are
mutually consistent.
2. In close cooperation
with the Member States, the Commission may take any useful
initiative to promote the coordination referred to in paragraph 1, in particular initiatives
aiming at the establishment of guidelines and indicators, the organisation of exchange of
best practice, and the preparation of the necessary elements for periodic monitoring and
evaluation. The European Parliament shall be kept fully informed. |
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1. European laws shall establish
a multiannual framework programme, setting out all the
activities financed by the Union. Such laws shall be adopted after consultation of the
Economic and Social Committee.
The framework programme
shall:
(a) establish the scientific
and technological objectives to be achieved by the activities
provided for in Article III-249 and lay down the relevant priorities;
(b) indicate the broad lines
of such activities;
(c) lay down the maximum
overall amount and the detailed rules for the Union's financial
participation in the framework programme and the respective shares in each of the
activities provided for.
2. The multiannual framework
programme shall be adapted or supplemented as the
situation changes.
3. A European law of the
Council shall establish specific programmes to implement the
multiannual framework programme within each activity. Each specific programme shall
define the detailed rules for implementing it, fix its duration and provide for the means
deemed necessary. The sum of the amounts deemed necessary, fixed in the specific
programmes, shall not exceed the overall maximum amount fixed for the framework
programme and each activity. Such a law shall be adopted after consulting the European
Parliament and the Economic and Social Committee.
4. As a complement to the
activities planned in the multiannual framework programme,
European laws shall establish the measures necessary for the implementation of the
European research area. Such laws shall be adopted after consulting the Economic and
Social Committee. |
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1. For the implementation
of the multiannual framework programme, European laws or
framework laws shall establish:
(a) the rules for the participation
of undertakings, research centres and universities;
(b) the rules governing
the dissemination of research results.
Such European laws or framework
laws shall be adopted after consultation of the
Economic and Social Committee.
2. In implementing the multiannual
framework programme, European laws may establish
supplementary programmes involving the participation of certain Member States only,
which shall finance them subject to possible participation by the Union.
Such European laws shall
determine the rules applicable to supplementary
programmes, particularly as regards the dissemination of knowledge as well as access
by other Member States. They shall be adopted after consultation of the Economic and
Social Committee and with the agreement of the Member States concerned.
3. In implementing the multiannual
framework programme, European laws may make
provision, in agreement with the Member States concerned, for participation in research
and development programmes undertaken by several Member States, including
participation in the structures created for the execution of those programmes.
Such European laws shall
be adopted after consultation of the Economic and Social
Committee.
4. In implementing the multiannual
framework programme the Union may make provision
for cooperation in the Union's research, technological development and demonstration
with third countries or international organisations.
The detailed arrangements
for such cooperation may be the subject of agreements
between the Union and the third parties concerned. |
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The Council, on a proposal
from the Commission, may adopt European regulations or
decisions to set up joint undertakings or any other structure necessary for the efficient
execution of the Union's research, technological development and demonstration
programmes. It shall act after consulting the European Parliament and the Economic
and Social Committee. |
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1. To promote scientific
and technical progress, industrial competitiveness and the
implementation of its policies, the Union shall draw up a European space policy. To this
end, it may promote joint initiatives, support research and technological development
and coordinate the efforts needed for the exploration and exploitation of space.
2. To contribute to attaining
the objectives referred to in paragraph 1, European laws or
framework laws shall establish the necessary measures, which may take the form of a
European space programme.
3. The Union shall establish
any appropriate relations with the European Space Agency. |
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At the beginning of each
year the Commission shall send a report to the European
Parliament and the Council. The report shall include information on activities relating to
research, technological development and the dissemination of results during the
previous year, and the work programme for the current year. |
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1. In the context of the
establishment and functioning of the internal market and with
regard for the need to preserve and improve the environment, Union policy on energy
shall aim to:
(a) ensure the functioning
of the energy market;
(b) ensure security of energy
supply in the Union, and
(c) promote energy efficiency
and energy saving and the development of new and
renewable forms of energy.
2. Without prejudice to
the application of other provisions of the Constitution, the
objectives in paragraph 1 shall be achieved by measures enacted in European laws or
framework laws. Such laws or framework laws shall be adopted after consultation of the
Committee of the Regions and the Economic and Social Committee.
Such European laws or framework
laws shall not affect a Member State's right to
determine the conditions for exploiting its energy resources, its choice between different
energy sources and the general structure of its energy supply, without prejudice to
Article III-234(2)(c).
3. By way of derogation
from paragraph 2, a European law or framework law of the
Council shall establish the measures referred to therein when they are primarily of a
fiscal nature. The Council shall act unanimously after consulting the European
Parliament. |
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