ANNEX 3.1
Provisions worth examining with a
view to a possible move to qualified majority voting
A. Provisions which could be considered
for qualified majority voting as they stand
1. Appointment of CFSP special representatives
(Article 23 TEU)
2. Conclusion of CFSP international agreements
in areas in which a joint action has been adopted by a qualified
majority (Article 24 TEU)
3. Anti-discrimination measures (Article 13
TEC)
4. Provisions facilitating the exercise of the
right of citizens of the Union to move and reside within the territory
of the Member States (Article 18(2) TEC)
5. The taking-up of and pursuit of activities
as self-employed persons; the amendment in one or more Member
States of the existing principles laid down by law governing the
professions (Article 47(2) TEC)
6. The procedures and conditions for issuing
visas by Member States and rules on a uniform visa (Article
62(2)(ii) and (iv) TEC)
7. Measures on asylum (Article 63(1)(a), (b),
(c) and (d) TEC)
16. Measures on refugees and displaced persons
(Article 63(2)(a) and (b) TEC)
17. Measures on immigration policy (Article
63(3)(a) and (b) TEC)
18. Measures defining the rights and conditions
under which nationals of third countries who are legally resident
in a Member State may reside in other Member States (Article
63(4) TEC)
19. Measures in the field of judicial co-operation
in civil matters having cross-border implications, and insofar
as necessary for the proper functioning of the internal market
(Article 65 TEC)
20. Measures to ensure co-operation between the
relevant departments of the administrations of the Member States,
and between those departments and the Commission, in the areas
covered by Title IV (Article 66 TEC)
21. Derogations from the normal procedure when
the application of the principles of the regulatory system for
transport is liable to have a serious effect on the standard of
living and employment in certain areas and on the operation of
transport facilities (Articles 71(2) and 80(2), second subparagraph,
TEC, concerning sea and air transport)
22. Directives for the approximation of laws,
regulations or administrative provisions of the Member States
which directly affect the establishment or functioning of the
common market (Article 94 TEC)[11]
23. The economic measures to be taken in the
case of difficulties in the supply of certain products (Article
100(1) TEC)
24. Community financial assistance, under certain
conditions, to a Member State which is in difficulties or is seriously
threatened with severe difficulties caused by exceptional occurrences
beyond its control (Article 100(2) TEC)
25. Conclusion of international agreements on
intellectual property and services (Article 133(5) TEC)[12]
26. Incentive measures, excluding harmonisation,
in the cultural field (Article 151(5) TEC)[13]
27. Measures supporting the action of Member
States in the industrial sphere (Article 157(3) TEC)
28. Specific action for economic and social cohesion
other than through the Structural Funds (Article 159, third
paragraph, TEC)
29. Rules applicable to the Structural Funds
and to the Cohesion Fund (Article 161 TEC)
30. Association of the overseas countries and
territories (Article 187 TEC)
31. Approving the adoption of the statute for
Members of the European Parliament (Article 190(5) TEC)
32. Appointment of the Secretary-General of the
Council (Article 207(2) TEC)
33. Appointment of the Deputy Secretary-General
of the Council (Article 207(2) TEC)
34. The Rules of Procedure of the Court of First
Instance (Article 225(4) TEC)[14]
35. The Rules of Procedure of the Court of Justice
(Article 245(3) TEC)14
36. Appointment of members of the Court of Auditors
(Article 247(3) TEC)
37. Financial Regulation (Article 279 TEC)
38. Compilation of the list of dual-use goods
(Article 296(2) TEC)
39. Association agreements (Article 310 TEC)
covering areas in which internal rules must be adopted by a qualified
majority
B. Provisions for which a move to qualified
majority voting could be considered only for
certain specific aspects (see Annexes
below)
40. Establishment of decentralised agencies
(new Article 7(3) TEC)[15]
41. Measures necessary to provide freedom of
movement for workers and self-employed workers (Article 42
TEC)[16]
42. Certain clearly circumscribed tax measures
(Article 93(2) TEC)[17]
43. Measures necessary for mutual assistance
and co-operation between tax authorities (Article 93(4) TEC)17
44. Certain specific provisions on social matters
(Article 137(1) TEC)16
45. Economic, financial and technical co-operation
with non-developing third countries (new Article 181a TEC)15
46. Conclusion of mixed agreements (new Article
300(8) TEC)[18]
47. Arrangements for participation by the European
Union in WTO proceedings (new Protocol)18
The corresponding provisions of the ECSC and EAEC
Treaties would be amended accordingly.
11 If all the tax aspects are to be covered by Article
93 (see Annex 3.2 below). Deletion of this Article could also
be considered. Back
12 See
also Chapter 3 of Part I, page 30, and Annex 3.5 below. Back
13 One
delegation has made a drafting suggestion for this Article (see
CONFER 4742/00). Back
14 Subject
to the transfer of certain sensitive material from the Rules of
Procedure to the Statute of the Court of Justice and the Court
of First Instance (see Chapter 5 of this report). Back
15 See
Annex 3.6 below. Back
16 See
Annex 3.3 below. Back
17 See
Annex 3.2 below. Back
18 See
Annex 3.5 below. Back
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