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Lord Pearson of Rannoch
asked Her Majesty's Government:If the proposed Treaty of Nice is ratified, which articles in the Consolidated Treaty on European Union and the Consolidated Treaty establishing the European Community will still be subject to the national veto. [HL806]
Baroness Scotland of Asthal
The following table sets out this information.Unless otherwise stated, all articles are from the Treaty establishing the European Community:
| Treaty articles which will remain subject to unanimity in the EU and EC treaties following ratification of the Treaty of Nice | |
| Article | |
| Article 7.1 (TEU) | Sanctions clause |
| Article 17.1 (TEU) | European Council decisions on "common defence" and EU/WEU integration |
| Article 23.1 (TEU) | Foreign policy and defence decisions (Title V TEU) |
| Article 28.3 (TEU) | Operational expenditure under CFSP |
| Article 24 (TEU) | Conclusion of international agreements |
| Article 38 (TEU) | covering issues for which unanimity is required for the adoption of internal decisions (except implementation of joint actions or common positions) |
Treaty articles which will remain subject to unanimity in the EU and EC treaties following ratification of the Treaty of Nice
| |
Article
| |
| Article 34.2 (TEU) | Provisions on police and judicial cooperation in criminal matters (Title VI TEU) |
| Article 41.3 (TEU) | Operational expenditure for Title VI TEU |
| Article 42 (TEU) | Decision to move police and judicial co-operation in criminal matters to Title IV TEC |
| Article 44.2 (TEU) | Enhanced Co-operation under CFSP. QMV with an emergency brake (unanimity) |
| Article 48 (TEU) | Treaty Change |
| Article 49 (TEU) | Accession of new member states |
| Article 13 | Action against discrimination (except incentive measures) |
| Article 18.3 | Provisions on passports, identity cards, residence permits; provisions on social security or social protection |
| Article 19 | Arrangements for non-nationals to vote in EP and municipal elections |
| Article 22 | Additional rights of EU citizenship |
| Article 42 | Social security for migrant workers |
| Article 47.2 | Particular principles on the free movement of professionals |
| Article 57.2 | Derogation from liberalisation of capital movements |
| Article 67.1 and 2 | Action under Title IV (visas, asylum, immigration and other policies related to the free movement of persons). 67.2 provides for a move to QMV after five years (if the Council so decides by unanimity). Article 67.5 and the Protocol and Declaration on Article 67 mean some moves to QMV will happen sooner: on entry into force of the Treaty of Nice (Article 65 with the exception of aspects relating to family law); from May 2004 automatically (Article 66); after framework legislation, defining common rules and basic principles, has been agreed by unanimity (Articles 63(1)(a), (b). (c), (d) and 63(2)(a)); and following a Council decision after May 2004 (Articles 62(2)(a), 62(3) and 63(3)(b)). |
| Article 71.2 | Transport policy |
| Article 72 | Approval for derogations from transport rules in favour of a member state's own carriers |
| Article 88.2 | Derogation for state aid rules in "exceptional circumstances" |
| Article 93 | Indirect taxation |
| Article 94 | Approximation of laws affecting internal market |
| Article 104.14 | Replacement of excessive deficits protocol |
| Article 105.6 | Tasks of the European Central Bank |
| Article 107.5 | Amendments (on a proposal from the Commission) to the statute of the ECB |
| Article 111.1 | Decisions concerning the ERM |
| Article 112.2(b) | Appointment of the ECB's Executive Board |
| Article 117.1 and 7 | Transitional Provisions on the European Monetary Institute (EMI) |
| Article 123.5 | Institutional provisions relating to EMU |
| Article 133.5 and 6 | Specified exceptions to QMV for negotiation and conclusion of international agreements on trade in some services and commercial aspects of intellectual property |
| Article 133.7 | Extension of Common Commercial Policy to other aspects of international negotiations and agreements on intellectual property |
| Article 137.2 | Particular social provisions governed by |
| Article 139.2 | unanimity |
| Article 151.5 | Culture |
| Article 161 | Rules governing structural and cohesion fund tasks, objectives and organisation (until 2007, or until agreement on the next financial perspective, whichever is the later) |
| Article 175.2 | Exceptions to QMV for environmental provisions |
Treaty articles which will remain subject to unanimity in the EU and EC treaties following ratification of the Treaty of Nice
| |
Article
| |
| Article 181a | Economic, financial and technical cooperation with third countries for association agreements (see Article 310) and agreements with accession candidates |
| Article 186 | Rules and procedures for association of the |
| Article 187 | overseas countries and territories with the Community |
| Article 190.4 | Uniform electoral procedure for European Parliament |
| Article 190.5 | Taxation provisions of the statute for Members of the European Parliament |
| Article 202 | Comitology rules |
| Article 203 | Order of Presidency |
| Article 213.1 | Altering number of Commissioners |
| Article 215 | Council Decision not to fill a vacancy in the Commission College |
| Article 222 | Increasing number of ECJ Advocates General |
| Article 223 | Appointment of ECJ judges and Advocates |
| Article 224 | General, and CFI judges |
| Article 225a | Creation of judicial panels and appointment of members of the panels |
| Article 229a | Conferring jurisdiction on the ECJ for disputes concerning Community industrial property rights |
| Article 245 | Amendment to ECJ statute |
| Article 250.1 | Amendment of a Commission proposal |
| Article 251.3 | Accepting EP amendments rejected by the Commission in the co-decision procedure |
| Article 252 (c, d and e) | Second reading of co-operation procedure |
| Article 269 | Community finances—own resources |
| Article 279.1 | Financial Regulations (until 1 January 2007) |
| Article 279.2 | Community's own resources |
| Article 289 | Seats of institutions |
| Article 290 | Community language regime |
| Article 296.2 | Derogation for trade in arms |
| Article 300.2/5/6 | Conclusion of international agreements covering areas where unanimity applies internally/association agreements (see Article 310) |
| Article 304 | Co-operation with OECD |
| Article 308 | Old Article 235 (residual legal base) |
| Article 309 | Sanctions clause |