Annex The Constitutional Treaty
and the Reform Treaty- table of derivation
(Some provisions may be the subject of derogations
for the UK or opt-in arrangements)
Constitutional Treaty Commentary[58] Reform
Treaty
I-1 Consolidates 1EU and 1EC Inserts
CT I-1
I-2 New Inserts
CT-2
I-3 New, based on 2EU and 2EC Inserts
CT-3[59]
I-4 Draws on 3(1)(c) EC and 12(1)EC Inserts
parts of CT-
4[60]
I-5 Expands existing 6(3) EU and sets
out Inserted as
principle of sincere cooperation, 11(2)EU, new
4EU
10 EC.
I-6 Based on case law, but not
hitherto Substance of CT 1-
stated explicitly (primacy) 6 reproduced in
Declaration No 29
I-7 (legal personality of Union) Inserted
as
new 32 EU
I-8 New (symbols) Not
taken over
I-9 New (fundamental rights) Substance
of CT I- reproduced
as new 6 EU
I-10 Contains substance of 17-21
EC Reproduced as new
17(2)
EC[61]
I-11 Sets out "fundamental
constitutional CT I-11(1) and (2)
and political principles" which "underlie reflected
in
the legal powers of the Union". Declaration
No.30
I-12 New (categories of competence) Inserted
as new 2
EC
I-13-15 New (areas of exclusive
and shared Inserted as new Competence,
coordination of economic 3-5 EC
policies )
I-17 New Inserted
as new 6 EC
I-18 New (revised form of Article
308 EC) Inserted as new 308
EC
I-19 New Inserted
as new 9 EC
I-20 Draws on 189-190, 249 EC
Inserted as new 9a
EC
I-21 Draws on Article 4EU Inserted
as new
9b (1)-(4) EC
I-22 New Inserted
as new
9b(5)-6) EC
I-23 Draws on Articles 202-205
EC Inserted as new 9c(1)-(3)
EC
I-24 Draws on Articles 202-207
EC[62] Inserted
as new 9c(6)-(9)EC
I-25 New (definition of QMV) Inserted
as new 9c(4)-(5)EC
I-26 Draws on Articles 211-215,274, Inserted
as new
300, and 302-304 EC 9d(1)-(6)EC
I-27 Draws on 214 EC Inserted
as new 9d(7)-(8)
EC
I-28 New Inserted
as new 9e EC[63]
1-29 Draws on and summarises 220-240
EC Inserted as new 9f
EC
I-30 Draws on 105-108 EC Inserted
as new
245a EC
I-31 Summarises 248(1) and (2)
EC Inserted as
amendments to
to
246, 247EC
1-32 Based on 7(2), 263 EC Inserted
as new 256a
EC
I-33 New (definition of legal
acts) Partly inserted as amendments
to 249 EC[64]
I-34 New Partly
inserted as new
249a EC
I-35 New Partly
inserted as new
249d EC[65]
I-36 New Inserted
as new 249b
EC
I-37 New, but successor to 202 EC Inserted
as 249c EC
I-38 I-38(1) new, I-38(2) same as 253
EC Inserted as amended
253 EC
I-39 New, replaces 254 EC Inserted
as new 254 EC
I-40 New, but includes parts of
13 to 15EU I-40(2) inserted as new
11(2) EU, I-40 (5)
as amended 17Aeu
I-41 New, but based in part on
17EU Inserted as new 27
EU
I-42 New (JHA) Part
of I-42(1) inserted
as new 61 EC
I-43 New Inserted
as new 188r
EC[66]
I-44 Based on 43EU and 44EC Inserted
as new 10 EU
1-45 New Inserted
as new 8EU
I-46 New Inserted
as new 8a EU
I-47 New Inserted
as new 8bEU
I-48 New Inserted
as new 136a EC
I-49 Based on 195 EC 195
EC amended in line with
I-49
I-50 New Inserted
as new 21a EC
I-51 New Inserted
as new 21b EC
I-52 New Inserted
as new 15 EC
I-53 Based on 268, 271,274 and 280 Inserted
as amended 268EC
I-54 Based on 6(4)EU, 269 EC Inserted
as new 269 EC
I-55 New Inserted
as new 270aEC
I-56 New Inserted
as amendment to 268 EC
I-57 New Inserted
as new 7a EU
I-58 Corresponds to 49 EU Inserted
as new 34EU
I-59 In substance same as 7EU Inserted
as amended 7 EU
I-60 New (secession from Union) Inserted
as new 35 EU
II-60 to 114 New (Charter) Given
legal effect by amended
6 EU. Text of Charter
incorporated as Declaration
No.11
III-115 Based on 3 EU Inserted
as new 7 EU
III-116 Based on 3(2)EC Inserted
as amended 8 EC
III-117 Draws on 2 EC Inserted
as amended 9 EC
III-118 New Inserted
as new 10 EC
III-119 In substance same as 6 EC
III-120 In substance same as 153(2)EC Inserted
as new 12 EC
III-121 (Animal welfare) In substance
same Inserted as new
as Protocol annexed by Amsterdam
Treaty 13 EC
III-122 New Inserted
as amended 14EC and Protocol
No 9
III-123 In substance same as 12(2) EC Inserted
as amended 17 EC
III-124 In substance same as 13 EC Inserted
as 17 a EC
III-125 III-125(1) same as 18(2)EC, 125(2) new Inserted
as 18 EC[67]
III-126 In substance same as 19 EC 19
EC as amended
III-127 New (as to legal base) Inserted
as amended 20 EC
III-128 Equivalent to 21(3) EC Amended
21EC
III-129 In substance same as 22(1) EC Amended
22 EC
but now consent of EP required (EP
consent not adopted)
III-130 In substance same as 14,15 EC Inserted
as new 22a and 22b EC
III-131 In substance same as 297 EC 297
EC remains unamended
III-132 In substance same as 298 EC 298
EC remains unamended
III-133 In substance same as 39 EC 39
EC remains unamended
III-134 In substance same as 40 EC 40
EC remains unamended
III-135 In substance same as 41 EC 41
EC remains unamended
III-136 Amends 42 EC (QMV) Inserted
as amended 42 EC
III-137 In substance same as 43 EC 43
EC remains unamended
III-138 In substance same as 44 EC Inserted
as amended 44 EC[68]
III-139 In substance same as 45 EC, but now Inserted
as
co-decision amended 45 EC
III-140 In substance same as 46 EC
46 EC remains unamended
III-141 In substance same as 47 EC,
but Inserted as move to QMV for
matters under 47(2) amended 47 EC
III-142 In substance same as 48 EC 48
EC remains unamended
III-143 In substance same as 294 EC Inserted
as new 48a EC
III-144 In substance same as 49 EC,
but Inserted as moves to co-decision on
third country amended 49 EC nationals
III-145 In substance same as 50 EC Inserted
as amended 50 EC
III-146 In substance same as 51 EC 51
EC remains unamended
III-147 In substances same as 52 EC,
but Inserted as moves to co-decision amended
52 EC
III-148 In substance same as 53 EC 53
EC remains unamended
III-149 In substance same as 54 EC 54
EC remains unamended
III-150 In substance same as 55 EC 55
EC remains unamended
III-151 Corresponds to 23 -27 EC 23-27
EC remain unamended
III-152 In substance same as 135 EC Inserted
as amended 27Aec
III-153 In substance same as 28 and
29 EC 28 and 29 EC remain
unamended
III-154 In substance same as 30 EC 30
EC remains unamended
III-155 In substance same as 31 EC 31
EC remains unamended
III-156 Combines two paragraphs of
56 EC 56 EC remains unamended
III-157 In substance same as 57 EC,
but Inserted as moves to co-decision amended
57 EC
III-158 In substance same as 58 EC,
but Inserted as ame 158(4) is new amended
58 EC (including new CT
III-158(4))
III-159 In substance same as 59 EC 59
EC remains unamended
III-160 Based on 60 EC, but moves to Inserted
as QMV and co-decision amended
67aEC
III-161-164 In substance same as 81-84
EC 81-84 EC remain unamended
III-165 In substance same as 85 EC, but Inserted
as III-165(3) is new amended 85 EC
III-166 In substance same as 86 EC 86
EC remains unamended
III-167 In substance same as 87 EC, but Inserted
as new provision (167(2)(c)) amended 87
EC
III-168 In substance same as 88 EC, but Inserted
as new III-168(4) amended 88
EC
III-169 In substance same as 89 EC 89
EC unamended
III-170 In substance same as 90, 91, 92
EC 90-92 EC unamended
III-171 In substance same as 93 EC, but Inserted
as new reference to distortion of amended
93 EC competition
III-172 In substance same as 95 EC Inserted
as 94 EC
III-173 In substance same as 94 EC Inserted
as 95 EC
III-174 In substance same as 96EC, but Inserted
as
now co-decision amended 96 EC
III-175 In substance same as 97 EC 97
EC unamended
III-176 New Inserted
as new 97a
EC
III-177 In substance same as 4(1) to (3) EC Inserted
as new 97b
EC
III-178 In substances same as 98 EC 98
EC unamended
III-179 In substance same as 99EC,
but Commission Inserted as
may issue warning directly to Member
State, amended 99 EC
Member State concerned does not participate
in decision to address recommendations,
co-
decision for multilateral surveillance
rules
III-180 In substance same as 100 EC Inserted
as
amended
100 EC[69]
III-181 In substance same as 101 EC 101
EC unamended
III-182 In substance same as 102 EC 102
EC unamended
(except
for deletion
of
102(2))
III-183 In substance same as 103 EC Inserted
as
amended
103 EC
III-184 In substance same as 104 EC Inserted
as
amended
104 EC
III-185 In substance same as 105 EC Inserted
as
amended
105 EC
III-186 In substance same as 106 EC Inserted
as
amended
106 EC
III-187 In substance same as 107 EC,
but Inserted as
move to QMV and co-decision amended
107 EC
III-188 In substance same as 108 EC 108
EC unamended
III-189 In substance same as 109 EC Inserted
as
amended
109 EC
III-190 In substance same as 110 EC Inserted
as
amended
110 EC
III-191 New Inserted
as new 111
EC
III-192 In substance same as 114 EC Inserted
as
amended
112 EC
III-193 In substance same as 115 EC Inserted
as 113 EC
III-194 New Inserted
as new
114
EC
III-195 New Inserted
as new
115
EC
III-196 New Inserted
as new
115Aec
III-197 Follows 122 EC, but (2)(a)
and (f) and Inserted as new
(4)(a) and (b) are new new
116 EC
III-198 Based on 121, 122(2) and 123(5)
EC, but Inserted as
with consolidation and updating, and
QMV amended 117 EC
on recommendation on fulfilling criteria
for
euro entry
III-199 Brings together and updates
123(3) and 117(2) EC Inserted as
amended
118 EC
III-200 In substance same as 124(1)
EC Inserted as new
118a
EC
III-201 In substance same as 119 EC Inserted
as
amended
119 EC
III-202 In substance same as 120 EC Inserted
as
amended
120 EC
III-203 In substance same as 125 EC Inserted
as
amended
125 EC
III-204 In substance same as 126 EC Inserted
as
amended
126 EC
III-205 In substance same as 127 EC Inserted
as
amended
127 EC
III-206 In substance same as 128 EC Inserted
as
amended
128 EC
III-207 In substance same as 129 EC Inserted
as
amended
129 EC
III-208 In substance same as 130 EC 130
EC unamended
III-209 In substance same as 136 EC 136
EC unamended
III-210 In substance same as 137 EC Inserted
as
amended
137 EC
III-211 In substance same as 138 EC Inserted
as
amended
138 EC
III-212 In substance same as 139 EC,
but Inserted as
EP to be informed of agreements with
social amended 139 EC
Partners
III-213 Closely follows 140 EC Inserted
as
amended
140 EC
III-214 In substance same as 141 EC Inserted
as
amended
141 EC
III-215 In substance same as 142 EC 142
EC unamended
III-216 In substance same as 143(1)
EC 143 EC unamended
III-217 In substance same as 144 EC Inserted
as
amended
144 EC
III-218 In substance same as 145 EC 145
EC unamended
III-219 In substance same as 146-148
EC 146,147 EC
unamended,
148
EC
amended
III-220 In substance same as 158 EC,
but includes Inserted as
reference to 'territorial cohesion'
of Union amended 158 EC
III-221 In substance same as 159 EC,
but includes Inserted as
reference to territorial cohesion amended
159 EC
III-222 In substance same as 160 EC 160
EC unamended
III-223 Corresponds to 161 EC, but
postponement Inserted as
of 2007 date for adoption of decisions
on amended 161 EC
structural fund decisions
III-224 In substance same as 162 EC Inserted
as
amended
162 EC
III-225 Draws on 32(1) and 32(4) EC
Inserted as
amended
32(1) EC
III-226 In substance same as 32 EC Inserted
as
amended
32 EC
III-227 In substance same as 33 EC
33 EC unamended
III-228 In substance same as 34 EC 34
EC unamended
III- 229 In substance same as 35 EC 35
EC unamended
III-230 In substance same as 36 EC Inserted
as
amended
36 EC
III-231 Corresponds to 37 EC, but
CAP and CFP Inserted as
subject to co-decision with EP, except
for amended 37 EC
prices, levies and aids decisions
III-232 In substance same as 38 EC Inserted
as
amended
38 EC
III-233 In substance same as 174 EC Inserted
as
amended
174 EC[70]
III-234 In substance same as 175(1-5)
EC Inserted as
and 176 EC amended
175 EC
176
EC unamended
III-235 In substance same as 153 EC Inserted
as
amended
153 EC
III-236 In substance same as 70, 71
EC, but move Inserted as
to co-decision and QMV amended
70, 71 EC
III-237 In substance same as 72 EC Inserted
as
amended
72 EC[71]
III-238 In substance same as 73 EC 73
EC unamended
III-239 In substance same as 74 EC 74
EC unamended
III-240 In substance same as 75 EC,
adds Inserted as
requirement to consult EP amended
75 EC
III-241 In substance same as 76 EC 76
EC unamended
III-242 In substance same as 77 EC 77
EC unamended
III-243 In substance same as 78 EC,
but new second Inserted as
sentence amended
78 EC
III-244 In substance same as 79 EC Inserted
as
amended
79 EC
III-245 In substance same as 80 EC Inserted
as
amended
80 EC
III-246 In substance same as 154 EC 154
EC unamended
III-247 In substance same as 155(1)EC 155,
156 EC
and 156 EC unamended
III-248 In substance same as 163 EC,
but new reference Inserted as
to 'European research area' amended
163 EC
III-249 In substance same as 164 EC 164
EC unamended
III-250 In substance same as 165 EC Inserted
as
amended
165 EC
III-251 In substance 251(1-3) same
as 166(1-4) EC, but Inserted as
254(4) provides for QMV and co-decision
to amended 166 EC
establish European research area
III-252 Consolidates and in substance
same as 167 -170, Inserted as
172 EC amended
167-170,
172
EC
III-253 In substance same as 171 EC 171
EC unamended
III-254 New (QMV and co-decision for
European space Inserted as
Policy) new
172aEC
III-255 In substance same as 173 EC 173
EC unamended
III-256 New Inserted
as new
176a
EC
III-257 257(1) new, 257(3) corresponds
to 29 EU, 257(4) Inserted as new
to 61(c) EC. Introduces area of 'freedom,
security 61EC
and justice'
III-258-261 New Inserted
as new
62-65 EC
III- 262 New Inserted
as new
66(1) EC[72]
III-263 In substance same as 66EC Inserted
as new
67 EC*[73]
III-264 Amends 34(2) EU Inserted
as new
68
EC
III-265 Draws on 62 EC Inserted
as new
69 EC*
III-266 Draws on 63 and 64 EC Inserted
as new
69aEC*
III-267 267(1-2) draw on 63 EC, 267(3-5)
are new Inserted as
(QMV and co-decision for promoting integration new
69bEC*
of third country nationals)
III-268 New Inserted
as new
69c EC*
III-269 Draws on 65 EC Inserted
as new
69d EC*
III-270 Draws on 31(1) EU, but change
to QMV and Inserted as new
co-decision69e EC*
III-271 Draws on 31(1)(e) EU but QMV
and co-decision Inserted as new
69f EC*
III-272 New Inserted
as new
69g EC*
III-273 Draws on 31(2) EU (Eurojust),
but change to QMV Inserted as new
and co-decision 69h EC*
III-274 New (European Public Prosecutor's
Office) Inserted as new
69i EC*[74]
III-275 Corresponds to 30(1) EU, but
change to QMV Inserted as new
and co-decision 69j EC*[75]
III-276 276(1) and (3) new. Change
to QMV and co- Inserted as new
decision 276(2) 69k EC*
III-277 In substance same as 32 EU Inserted
as new
69l EC*
III-278 In substance same as 152 EC,
but with changes Inserted as new
176e
EC
III-279 In substance same as 157 EC,
but with express Inserted as new
Exclusion of harmonisation (279(3)) 176f
EC
III-280 In substance same as 151(1)
to (4), but change to Inserted as new
QMV and co-decision in 280(5) 176d
EC
III-281 New. QMV and co-decision (tourism) Inserted
as new
176g
EC
III-282 In substance same as 149(1)
and (2), draws on Inserted as new
149(3) but adds reference to sport
and European 176b EC
sporting issues. QMV and co-decision.
III-283 In substance same as 150 EC,
but provides for Inserted as new
recommendations by QMV and co-decision 176c
EC
III-284 New. QMV and co-decision (civil
protection) Inserted as new
176h
EC
III-285 New. QMV and co-decision (administrative
Inserted as new
Cooperation) 176i
EC
III-286 In substance same as 182 and
188 EC 182 and 188 EC
Unamended
III-287 In substance same as 183 EC 183
EC unamended
III-288 In substance same as 184 EC 184
EC unamended
III-289 In substance same as 185 EC 185
EC unamended
III-290 Draws on 186 EC Inserted
as
amended 186 EC
III-291 Draws on 187 EC Inserted
as
amended
187 EC
III-292 No exact equivalent Inserted
as new
10a
EU
III-293 No exact equivalent Inserted
as new
10b
EU
III-294 Based on 11, 12 EU Corresponding
amendments
made
to
11 and 12 EU[76]
III-295 Draws on 13 EU Inserted
as
amended
13 EU
III-296 No equivalent (role of Union
Minister for Inserted as new
Foreign Affairs) 13a
EU[77]
III-297 In substance same as 14 EU Inserted
as
amended
14 EU
III-298 In substance same as 15 EU Inserted
as
amended
15 EU
III-299 Corresponds to 22 EU Inserted
as new
16
EU
III-300 Corresponds to 23 EU, but QMV
on proposal Inserted as new
from High Representative when such
is requested 17 EU
by European Council
III-301 No exact equivalent in current
Treaties Inserted as part of new
17 aEU
III-302 Corresponds to 18(5) EU but
Union Minister Inserted as
To propose Special Representative amended
18 EU
III-303 Draws on 24(1) EU Inserted
as new 22 EU
III-304 Corresponds to 21 EU. New provision
for Inserted as Special Representative
to brief EP amended 21 EU
III-305 Draws on 19 EU but 305(2) is
new (requires Inserted as
Security Council Members to ask Union
Minister amended 19 EU
to present Union' s position on any
subject on which
Union has defined a position
III-306 In substance same as 20 EU
Inserted as
amended
20 EU
III-307 In substance same as 25 EU
but new provisions Inserted as new
to take account of Union Minister 23
EU
III-308 Corresponds to 47 EU (saving
provision for Replaced by
EC competences) new
25 EU
III-309 Reflects 17(2) EU ('Petersberg'
tasks) but new Inserted as
tasks added amended
28 EU
III-310 New 'in Treaty form' but consistent
with CSDP Inserted as
arrangements agreed at December 2000
European new 29 EU
Council for conduct of EU-led military operations
III-311 European Defence Agency (established
by Joint Inserted as
Action of July 2004) new
30 EU
III-312 Permanent structured cooperation
(new) Inserted as
new
31 EU
III-313 313(1) and (2) in substance
same as 28(2) and Inserted as
(3) EU, 313(3) is new new
26 EU
III-314 Draws on 131(1) EC Inserted
as
new
188b EC
III-315 Broadly follows 133 EC, but
foreign direct Inserted as
Investment now part of common commercial new
188c EC
Policy, change to co-decision, omits
a number
of grounds on which Council acts by
unanimity
III-316 Based on 177(1) and 178 EC,
316(2) in substance Inserted as
same as 177(3) new
188d EC
III-317 Based on 179(1) EC. 317(2)
in substance same as Inserted as
181(1) EC new
188e EC
III-318 In substance same as 180(1)
and (2) EC Inserted as
new
188f EC
III-319 Draws on 181a EC, but change
to co-decision Inserted as new
188g EC
III-320 New. QMV for 'urgent financial
assistance' to Inserted as
third countries new
188i EC
III-321 New. QMV and co-decision for
establishing Inserted as
'European Voluntary Humanitarian Aid
Corps' new 188j EC
III-322 Based on 60 and 301 EC, III-322(2)
and (3) new Inserted as
new
188k EC
III-323 323(1) new. 323(2) in substance
same as Inserted as
300(7) EC new 188l EC
III-324 In substance same as 310 EC Inserted
as
new 188m EC
III-325 Corresponds to 24, 38 EU and
300 EC, but Inserted as
provisions have been 'reorganised,
clarified and new 188n EC
supplemented
III-326 In substance same as 111 EC
(which does not Inserted as
apply to UK unless it adopts euro) new
188o EC
III-327 Consolidates 302-305 EC Inserted
as
New
188p EC
III-328 No exact equivalent, but foreshadowed
in Inserted as
20 EC (Union delegations) new
188q EC
III-329 New. ('solidarity clause').
QMV + co-decision Inserted as
new 188r EC
III-330 Draws on 190 EC Inserted
as
amended
190 EC
III-331 In substance same as 191(2)
EC Inserted as
amended
191 EC
III-332 In substance same as 192(2)
EC Inserted as
amended
192 EC
III-333 In substance same as 193 EC Inserted
as
amended
193 EC
III-334 In substance same as 194 EC 194
EC unamended
III-335 In substance same as 195 EC Inserted
as
amended
195 EC
III-336 In substance same as 196 EC Inserted
as
amended
196 EC
III-337 Based on 197(2) -(4).III-337(3)
same as Inserted as
200 EC amended
197 EC
III-338 In substance same as 198 EC Inserted
as
amended
198 EC
III-339 In substance same as 199 EC Inserted
as
amended
199 EC
III-340 In substance same as 201 EC,
but provides Inserted as
For EP motion of censure against Union
Minister amended 201 EC
for Foreign Affairs
III-341 New, but reflects current practice Inserted
as new
201a
EC
III-342 In substance same as 204 EC 204
EC unamended
III-343 343 (1) in substance same
as 206 EC, 343(2) and 206 EC unamended
(3) correspond to 205(1) and (3) respectively inserted
as
amended
205 EC
III-344 344(1) in substance same as
207(1) EC, 344(2)and Inserted as
(3) correspond to 207(2) and (3) EC amended
207 EC
III-345 In substance same as 208 EC Inserted
as
amended
208 EC
III-346 In substance same as 209 EC
Inserted as
amended
209 EC
III-347 In substance same as 213(2)
EC Inserted as
amended
213 EC
III-348 In substance same as 215 EC,
but new role for Inserted as
President of Commission and for EP
in appointing amended 215 EC
new members of Commission to vacant
posts, 348(4)
and (5) new
III-349 In substance same as 216 EC 216
EC unamended
III-350 In substance same as 217(2)
EC Inserted as
amended
217 EC
III-351 In substance same as 219 EC Inserted
as
amended
219 EC
III-352 352(1) in substance same as
218(2) EC, 352(2) Inserted as
In substance same as 212 EC amended
218 EC
III-353 In substance same as 221(2)
EC Inserted as
amended
221 EC
III-354 In substance same as 222 EC 222
EC unamended
III-355 In substance same as 223 EC,
but reference to Inserted as
judicial appointments panel amended
223 EC
III-356 Corresponds to 224 EC Inserted
as
amended
224 EC
III-357 New. (Judicial Appointments
Panel). QMV. Inserted as new
224a
EC
III-358 In substance same as 225 EC Inserted
a s
amended
225 EC
III-359 In substance same as 225a EC,
but change to QMV Inserted as
+codecision for establishment of specialised
courts amended 225a EC
III-360 In substance same as 226 EC 226
EC unamended
III-361 In substance same as 227 EC 227
EC unamended
III-362 Corresponds to 228 EC, but
new procedure to Inserted as
Commission to apply for a fine for
failure to notify amended 228 EC
measures to transpose framework law
III-363 In substance same as 229 EC 229
EC unamended
III-364 Corresponds to 229a EC, but
move to QMV + Inserted as
codecision (ECJ jurisdiction over
intellectual amended 229a EC
property)
III-365 Corresponds to 230 EC Inserted
as
amended
230 EC
III-366 In substance same as 231 EC Inserted
as
amended
231 EC
III-367 In substance same as 232 EC Inserted
as
amended
232 EC
III-368 In substance same as 233 EC
Inserted as
amended
233 EC
III-369 In substance same as 234 EC,
but requires ECJ Inserted as
to act 'with the minimum of delay'
in relation to amended 234 EC
a person in custody
III-370 In substance same as 235 EC
235 EC unamended
III-371 In substance same as 46(e)
EU 46 EU repealed
ECJ
jurisdiction
conferred
by new
235a
EC
III-372 In substance same as 236 EC Inserted
as
amended
236 EC
III-373 In substance same as 237 EC
Inserted as
amended
237 EC
III-374 In substance same as 238 EC 238
EC unamended
III-375 375 (1), (2) and (3) in substance
same as 240, 292 240, 292 and 239
and 239 EC respectively EC
unamended
III-376 New Inserted
as new
240a
EC
III-377 In substance same as 35(5)
EU Inserted as new
240b
EC
III-378 In substance same as 241 EC Replaced
by new
241
EC
III-379 In substance same as 242, 243
EC 242, 243 EC
Unamended
III-380 In substance same as 244 EC
244 EC unamended
III-381 Corresponds to 245 EC but move
to QMV+ Inserted as
codecision amended
245 EC
III-382 In substance same as 112 EC
but move to QMV Inserted as new
(does not apply to UK unless it adopts
euro) 245b EC
III-383 In substance same as 113 EC Inserted
as new
245c
EC
III-384 In substance same as 248 EC Inserted
as
amended
248 EC
III-385 In substance same as 247(2)
to (7) EC Inserted as
amended
247 EC
III-386 Corresponds to 263 EC Inserted
as
amended
263 EC
III-387 In substance same as 264 EC Inserted
as
amended
264 EC
III-388 In substance same as 265 EC Inserted
as
amended
265 EC
III-389 Corresponds to Article 258
EC Inserted as
258
EC
III-390 Corresponds to 259 EC Inserted
as
amended
259 EC
III-391 Corresponds to 260 EC Inserted
as
amended
260 EC
III-392 In substance same as 262 EC Inserted
as
amended
262 EC
III-393 In substance same as 266 EC,
but extended Inserted as
power of Council to amend EIB Statute amended
266 EC
III-394 In substance same as 267 EC Inserted
as
amended
276 EC
III-395 In substance same as 250 EC Inserted
as
amended
250 EC
III-396 In substance same as 251 EC Inserted
as
amended
251 EC
III-397 In substance same as 218(1)
EC Inserted as
amended
218 EC
III-398 New. (Principles of European
administration) Inserted as
QMV + codecision 254a
EC
III-399 Corresponds, with I-50, to
255 EC Inserted as
new
21a EC
III-400 Corresponds to 210, 247(8)
and 258 with Inserted as
addition of new offices created by
CT amended 210 EC
III-401 In substance same as 256 EC Inserted
as
amended
256 EC
III-402 New. (Multi-annual financial
framework) Inserted as new
270a
EC
III-403 In substance same as 272(1)
EC Inserted as new
270b
EC
III-404 Replaces budgetary procedure
under 272 EC Inserted as new
270b
EC
III-405 405(1) in substance same as
273(1) EC, 405(2) Inserted as
replaces rest of 273 EC to take account
of amended 273 EC
abolition of distinction between compulsory
and non-compulsory expenditure
III-406 Corresponds to 271 EC Inserted
as new
273Aec
III-407 Corresponds to 274 EC, but
407(2) is new Inserted as
amended
274 EC
III-408 408(1) in substance same as
275 EC, 408(2) new Inserted as
(evaluation report by Commission on
Union's amended 275 EC
finances) but
408(2) not
taken
over
III-409 In substance same as 276 EC Inserted
as
amended
276 EC
III-410 Updates 277 EC Inserted
as
amended
277 EC
III-411 In substance same as 278 EC 278
EC unamended
III-412 In substance same as 279 EC,
but changes Inserted as
procedure to QMV and codecision amended
279 EC
III-413 No equivalent in existing Treaties,
but obligation Inserted as
implicit in that expenditure to fulfil
obligation to new 279a EC
third parties was classified as obligatory
III-414 New Inserted
as
new
279b EC
III-415 In substance same as 280(2)
to (5) EC, but no Inserted as
'carve-out' for measures concerning
the national amended 280 EC
criminal law or the national administration
of
justice
III-416 In substance same as 43 EU(b)
to (f) Inserted as
new
280a EC
III-417 In substance same as 43(h)
and 44(2) EU Inserted as
new
280b EC
III-418 418(1) in substance same as
43b EU, 418(2) draws Inserted as
on 27d EU new
280c EC
III-419 419(1) procedure (for enhanced
cooperation) in Inserted as
substance same as 11(1) and (2) EC, 419(2) in new
280d EC
substance same as 27c EU
III-420 Draws on and expands 11a EC
(420(1)), and Inserted as
27e EU new
280f EC
III-421 In substance same as 44a EU Inserted
as
new
280g EC
III-422 New Inserted
as
new
280h EC
III-423 In substance same as 45 EU Inserted
as new
280i
EC
III-424 In substance the same as all
but first paragraph Inserted as
of 299(2) EC amended
299 EC
III-425 In substance same as 295 EC 295
EC unamended
III-426 In substance same as 282 EC Inserted
as
amended
282 EC
III-427 In substance same as 283 EC,
but EP now involved Inserted as
by codecision amended
283 EC
III-428 In substance same as 284 EC 284
EC unamended
III-429 In substance same as 285 EC 285
EC unamended
III-430 In substance same as 287 EC
287 EC unamended
III-431 In substance same as 288 EC Inserted
as
amended
288 EC
III-432 In substance same as 289 EC 289
EC unamended
(seat of institutions)
III-433 In substance same as 290 EC 290
EC unamended
III-434 In substance same as 291 EC Inserted
as
amended
291 EC
III-435 In substance same as 307 EC 307
EC unamended
III-436 In substance same as 296 EC 296
EC unamended
IV-437 No direct predecessor (repeals
earlier Treaties) Not taken over
IV-438 No direct predecessor (succession
and legal Not taken over
continuity of Union created by CT)
IV-439 Refers to Protocol No 34 on
transitional See Article 4 of
Arrangements Final Provisions
of Reform Treaty[78]
IV-440 Corresponds to 299 EC, but 440(7)
new Inserted as
amended
299 EC,
440(7)
not taken
over
IV-441 In substance same as 306 EC 306
EC unamended
IV-442 In substance same as 311 EC 311
EC unamended
IV-443 Corresponds to Article 48 EU
(ordinary revision Inserted as new
Procedure), but provides 443(2) for
a Convention 33(1) EU
to prepare for IGC
IV-444 New (simplified revision procedure
for Inserted as new
moving from unanimity to QMV) 33(3)
EU
IV-445 New (simplified revision procedure
for revising Inserted as
All or any part of Part Three of Treaty
on new 33(2) EU
Functioning of Union [previously known as EC
Treaty])
IV-446 In substance same as 51 EU 51
EU unamended
IV-447 Corresponds to 52 EU Article
6 of Final
Provisions
of
Reform
Treaty
IV-448 Corresponds to 53 EU (authentic
texts and Article 7 of Final
translations) Provisions
of
Reform
Treaty
Protocols
1. Replaces and expands Protocol annexed
to Treaty Inserted as
of Amsterdam on role of national
parliaments Protocol No 1
2. Replaces and expands Protocol annexed
to Treaty Inserted as
of Amsterdam on application of principles
of Protocol No 2[79]
subsidiarity and proportionality
3. Protocol on the Statute of the Court
of Justice Corresponding
of the European Union (same as its amendments
made
predecessors, with only technical updating) by
Protocol No 11[80]
4. Protocol on the Statute of the European
System Corresponding
of Central Banks and of the European
Central amendments made
Bank (corresponds to Protocol of same
title by Protocol No 11
annexed to EC Treaty by Treaty of
Maastricht
5. Protocol on the Statute of the European
Corresponding
Investment Bank (Protocol makes a
number of amendments made
changes to reflect developments elsewhere,
and to by Protocol No 11
permit EIB to provide finance in forms
other than
loans and guarantees)
6. Protocol on the location of the
seats of Institutions Corresponding
and of certain bodies, offices agencies
and amendments made
departments of the European Union
(same as by Protocol No 11
Protocol of same annexed by Treaty
of Amsterdam
7. Protocol on the Privileges and Immunities
of the Corresponding
European Union (in substance same
as Protocol amendments made
annexed to Treaty establishing a single
Council by Protocol No 11
and Commission of the European Communities
of 1965
8. and 9 Protocols on the Treaties and Acts
of Accession of Acts of Accession
Denmark, Ireland, United Kingdom,
Greece, Spain remain unamended
Portugal, Austria, Finland, Sweden,
Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia, and Slovakia (new, but
incorporates provisions already found
in Acts
of Accession)
10. Protocol on the excessive deficit
procedure Corresponding
(in substance same as protocol annexed to EC Treaty
amendments made
by Treaty of Maastricht) by Protocol
No 11
11. Protocol on the convergence criteria
(in substance Corresponding
same as Protocol annexed by Treaty
of Maastricht amendments made
by
Protocol No 11
12. Protocol on the Euro Group Inserted
as
Protocol
No 3
13. Protocol on certain provisions
relating to the Corresponding
UK as regards economic and monetary
union amendments made
by
Protocol No 11
14. Protocol on the position of Denmark
as regards Corresponding
economic and monetary union amendments
made
by
Protocol No 11
15. Protocol on certain tasks of the
National Bank of -
Denmark (declares that Danish National
Bank may
continue with tasks in relation to
Greenland)
16. Protocol on the Pacific Financial
Community (CFP) Corresponding
franc system (same as Protocol annexed
by Treaty amendments made
of Maastricht) by
Protocol No 11
17. Protocol on the Schengen acquis
(in substance same Corresponding
as Protocol annexed by Treaty of Amsterdam) amendments
made
by
Protocol No 11
18. Protocol on the application of
certain aspects of Corresponding
Article 111-130 of the Constitution
to the UK and amendments made
Ireland (in substance same as Protocol
annexed by by Protocol No 11
Treaty of Amsterdam allowing frontier
checks on
Persons coming from rest of EU)
19. Protocol on the position of the
UK and Ireland on Corresponding
policies with respect to border controls,
asylum and amendments made
immigration, judicial cooperation
in civil matters by Protocol No 11[81]
and on police cooperation
20. Protocol on the position of Denmark
(corresponds Corresponding
to Protocol annexed by Treaty of Amsterdam,
main amendments made
change is to give Denmark opt-in arrangements by
Protocol No 11
rather like the UK's
21. Protocol on external relations
of the Member Protocol No 31
States with regard to the crossing
of external unamended
Borders (in substance same as Protocol annexed
by Treaty of Amsterdam
22. Protocol on asylum for nationals
of Member Corresponding
States (in substance same as Protocol
annexed amendments made
by Treaty of Amsterdam by
Protocol No 11
23. Protocol on permanent structured
cooperation Inserted as Protocol
(new, sets out arrangements for permanent No
4
structured cooperation in defence
area)
24. Protocol on Article I-41(2) of
the Constitution Corresponding
(in substance same as Protocol on
Article J7 EU amendments made
annexed by Treaty of Amsterdam by
Protocol No 11
25. Protocol concerning imports into
the European Corresponding
Union of petroleum products refined
in the amendments made
Netherlands Antilles (in substance
same as by Protocol No 11
previous Protocol (No 14) annexed to EEC Treaty)
26. Protocol on the acquisition of
property in Protocol No 16
Denmark (in substance same as Protocol
(No 16) unamended
annexed by Treaty of Maastricht
27. Protocol on the system of public
broadcasting in Protocol No 32
the Member States (in substance same
as Protocol unamended
(No 32) annexed by Treaty of Amsterdam)
28. Protocol concerning Article III-214
of the Corresponding
Constitution (in substance same as
Protocol (No 17) amendments made
concerning Article 141 EC annexed
by Treaty of by Protocol No 11
Maastricht)
29. Protocol on economic, social and
territorial cohesion Corresponding
(in substance same as Protocol annexed
by Treaty of amendments made
Maastricht) by
Protocol No 11
30. Protocol on special arrangements
for Greenland (in Corresponding
substance same as Protocol annexed
to EC Treaty by amendments made
1985 Treaty amending EC Treaty with
regard to by Protocol No 11
Greenland)
31. Protocol on Article 40.3.3 of the
Constitution of Corresponding
Ireland (in substance same as Protocol annexed by
amendments made
Treaty of Maastricht) by
Protocol No 11
32. Protocol relating to Article I-9(2)
on the accession Inserted as Protocol
of the Union to the European Convention
on No 5
Human Rights (new, makes clear that accession to
ECHR may not affect EU's competences or the
Institutions' powers)
33. Protocol on the Acts and Treaties
which have Not taken over
supplemented or amended the Treaty establishing
the European Community and the Treaty on
European Union (new, but entirely technical
Protocol to make clear which Acts and Treaties
are repealed by the Constitutional Treaty)
34. Protocol on the transitional provisions
relating Inserted as Protocol
to the institutions and bodies of
the Union (new, No 10
sets out transitional arrangements
in period 2004
-2009)
35. Protocol on the financial consequences
of the Corresponding
expiry of the ECSC Treaty (corresponds
to amendments made
Protocol annexed by Treaty of Nice
dealing with by Protocol No 11
residual assets of ECSC after its
winding up in 2002
36. Protocol amending the Treaty establishing
the Inserted as Protocol
European Atomic Energy Community (Euratom) No
12
(new, makes technical changes to reflect
changes
in Constitutional Treaty)
The draft Reform Treaty has a number of additional
Protocols which were not attached to the Constitutional Treaty.
These are:
No 6 on the internal market and competition
No. 7 on the application of the Charter of Fundamental
Rights to the United Kingdom
No. 8 on the exercise of shared competences
No. 9 on services of general interest.
58 Treaty establishing a Constitution for Europe -Commentary
CM 6459 Back
59
The Article also refers to establishing an economic and monetary
union whose currency is the euro. Back
60
Inserts parts of CT I-4 as amended 17 EC. Back
61
The Reform Treaty renames the EC Treaty as the 'Treaty on the
Functioning of the European Union'. For ease of reference the
table refers to the EC Treaty. Back
62
Also on Council's 2004 rules of procedure. Back
63
With change of title from 'Union Minister for Foreign Affairs'
to 'High Representative of the Union for Foreign Affairs'. Back
64
The CT terminology of 'laws', 'framework laws', 'regulations',
'decisions' and 'recommendations' has not been adopted, the existing
EC equivalents of regulations, directives, decisions and recommendations
being retained. 'Framework decisions' disappear with the transfer
of Title VI EU to the First Pillar. Back
65
But CT I-35(1) (which would have allowed the European Council
to adopt 'European decisions') has not been taken over. Back
66
This new Article also includes CT III-329. Back
67
But the reference to passports, identity cards and residence permits
in III-125(2) has been omitted. Back
68
The amendment, in accordance with CT III-138 gives a role to the
European Parliament. Back
69
The new 100 EC , unlike III-180 CT also refers explicitly to energy Back
70
The amended 174 EC differs from the CT in that it includes an
express reference to 'combating climate change'. Back
71
The amended 72 EC replaces requirement for unanimity with 'special
legislative procedure'. Back
72
A new 66(2) EC (not included in CT) is also inserted , providing
for cooperation and coordination by Member States in relation
to national security Back
73
* denotes a provision in respect of which the UK may opt in. Back
74
A new provision, not in the CT, provides for enhanced cooperation
between 9 Member States on the basis of a draft regulation establishing
the EPPO. Back
75
A new provision, not in the CT, provides for enhanced cooperation
between 9 Member States on police cooperation Back
76
These amendments differ from those in III- 294 by including institutional
provisions on the roles of the Commission and EP and the jurisdiction
of the ECJ. Back
77
The Union Minister for Foreign Affairs is now the 'High Representative
of the Union for Foreign Affairs and Security Policy'. Back
78
Protocol No 10 corresponds to Protocol No 34 to the Constitutional
Treaty Back
79
With the addition of an Article 7(3) under which 55% of the Members
of the Council or a majority of the EP prevent further discussion
of a proposal on the grounds that it infringes the principle of
subsidiarity. Back
80
This Protocol makes a series of amendments to the existing Protocols
which correspond to the Protocols annexed to the Constitutional
Treaty. Back
81
It should be noted that the Reform Treaty transfers police and
judicial cooperation in criminal matters to Title IV, so that
this field becomes subject to the opt-in arrangements under the
Protocol. Back
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