Maastricht Treaty TITLE VI

HEAD-EMU

 

TITLE VI

PROVISIONS ON COOPERATION IN THE FIELDS OF JUSTICE AND HOME AFFAIRS

 

ARTICLE K

Cooperation in the fields of justice and home affairs shall be governed by the

following provisions.

 

ARTICLE K.1

For the purposes of achieving the objectives of the Union, in particular the

free movement of persons, and without prejudice to the powers of the European

Community, Member States shall regard the following areas as matters of common

interest:

1. asylum policy;

2. rules governing the crossing by persons of the external borders of the

Member States and the exercise of controls thereon;

3. immigration policy and policy regarding nationals of third countries;

(a) conditions of entry and movement by nationals of third countries on the

territory of Member States;

(b) conditions of residence by nationals of third countries on the territory

of Member States, including family reunion and access to employment;

(c) combatting unauthorized immigration, residence and work by nationals of

third countries on the territory of Member States;

4. combating drug addiction in so far as this is not covered by 7 to 9;

5. combating fraud on an international scale in so far as this is not covered

by 7 to 9;

6. judicial cooperation in civil matters;

7. judicial cooperation in criminal matters;

8. customs cooperation;

9. police cooperation for the purposes of preventing and combating terrorism,

unlawful drug trafficking and other serious forms of international crime,

including if necessary certain aspects of customs cooperation, in connection

with the organization of a Union-wide system for exchanging information within

a European Police Office (Europol).

 

ARTICLE K.2

1. The matters referred to in Article K.1 shall be dealt with in compliance

with the European Convention for the Protection of Human Rights and

Fundamental Freedoms of 4 November 1950 and the Convention relating to the

Status of Refugees of 28 July 1951 and having regard to the protection

afforded by Member States to persons persecuted on political grounds.

2. This Title shall not affect the exercise of the responsibilities incumbent

upon Member States with regard to the maintenance of law and order and the

safeguarding of internal security.

 

ARTICLE K.3

1. In the areas referred to in Article K.1, Member States shall inform and

consult one another within the Council with a view to coordinating their

action. To that end, they shall establish collaboration between the relevant

departments of their administrations.

2. The Council may:

– on the initiative of any Member State of the Commission, in the areas

referred to in Article K.1(1) to (6);

– on the initiative of any Member State, in the areas referred to Article

K1(7) to (9):

(a) adopt joint positions and promote, using the appropriate form and

procedures, any cooperation contributing to the pursuit of the objectives of

the Union;

(b) adopt joint action in so far as the objectives of the Union can be

attained better by joint action than by the Member States acting individually

on account of the scale or effects of the action envisaged; it may decide that

measures implementing joint action are to be adopted by a qualified majority;

(c) without prejudice to Article 220 of the Treaty establishing the European

Community, draw up conventions which it shall recommend to the Member States

for adoption in accordance with their respective constitutional requirements.

Unless otherwise provided by such conventions, measures implementing them

shall be adopted within the Council by a majority of two-thirds of the High

Contracting Parties.

Such conventions may stipulate that the Court of Justice shall have

jurisdiction to interpret their provisions and to rule on any disputes

regarding their application, in accordance with such arrangements as they may

lay down.

 

ARTICLE K.4

1. A Coordinating Committee shall be set up consisting of senior officials. In

additions to its coordinating role, it shall be the task of the Committee to;

– give opinions for the attention of the Council, either at the Councils

request or on its own initiative.

– contribute, without prejudice to Article 151 of the Treaty establishing the

European Community, to the preparation of the Council’s discussions in the

areas referred to in Article K.1 and, in accordance with the conditions laid

down in Article 100d of the Treaty establishing the European Community, in the

areas referred to in Article 100c of that Treaty.

2. The Commission shall be fully associated with the work in the areas

referred to in this Title.

3. The Council shall act unanimously, except on matters of procedure and in

cases where Article K.3 expressly provides for other voting rules.

Where the Council is required to act by a qualified majority, the votes of its

members shall be weighted as laid down in Article 148(2) of the Treaty

establishing the European Community, and for their adoption, acts of the

Council shall require at least fifty-four votes in favour, cast by at least

eight members.

 

ARTICLE K.5

Within international organizations and at international conferences in which

they take part, Member States shall defend the common positions adopted under

the provisions of this Title.

 

ARTICLE K.6

The Presidency and the Commission shall regularly inform the European

Parliament of discussions in the areas covered by this Title.

The Presidency shall consult the European Parliament on the principal aspects

of activities in the areas referred to in this Title and shall ensure that the

views of the European Parliament are duly taken into consideration.

The European Parliament may ask questions of the Council or make

recommendations to it. Each year, it shall hold a debate on the progress made

in implementation of the areas referred to in this Title.

 

ARTICLE K.7

The provisions of this Title shall not prevent the establishment or

development of closer cooperation between two or more Member States in so far

as such cooperation does not conflict with, or impede, that provided for in

this Title.

 

ARTICLE K.8

1. The provisions referred to in Article 137,138,139 top 142, 146, 147, 150 to

153, 157 to 163 and 217 of the Treaty establishing the European Community

shall apply to the provisions relating to the areas referred to in this Title.

2. Administrative expenditure which the provisions relating to the areas

referred to in this Title entail for the institutions shall be charged to the

budget of European Communities.

The Council may also:

– either decide unanimously that operational expenditure to which the

implementation of those provisions gives rise is to be charged to the budget

of the European Communities; in that event, the budgetary procedure laid down

in the treaty establishing the European Community shall be applicable;

– or determine that such expenditure shall be charged to the Member States,

where appropriate in accordance with a scale to be decided.

 

ARTICLE K.9

The Council, acting unanimously on the initiative of the Commission or a

Member State, may decide to apply Article 100c of the Treaty establishing the

European Community to action in areas referred to in Article K.1(1) to (6),

and at the same time determine the relevant voting conditions relating to it.

It shall recommend the Member States to adopt that decision in accordance with

their respective constitutional requirements.

 

 

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