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Contents Significant Dates and Developments xviii Old and New Treaty Numbers: Tables of Equivalences xxi PART I: EU TREATIES AND RELATED ACTS TREATIES 1 Treaty Establishing the European Community (Consolidated Version) 3 Preamble 3 Part One: Principles 4 Part Two: Citizenship of the Union 8 Part Three: Community Policies 9 title i: free movement of goods 9 Chapter 1: The Customs Union 10 Chapter 2: Prohibition of Quantitative Restrictions between Member States 10 title ii: agriculture 11 title iii: free movement of persons, services and capital 13 Chapter 1: Workers 13 Chapter 2: Right of Establishment 14 Chapter 3: Services 16 Chapter 4: Capital and Payments 17 title iv: visas, asylum, immigration and other policies related to free movement of persons 19 title v: transport 23 title vi: common rules on competition, taxation and approximation of laws 25 Chapter 1: Rules on Competition 25 Section 1: Rules Applying to Undertakings 25 Section 2: Aids Granted by States 27 Chapter 2: Tax Provisions 28 Chapter 3: Approximation of Laws 29 title vii: economic and monetary policy 31 Chapter 1: Economic Policy 31 Chapter 2: Monetary Policy 35 Chapter 3: Institutional Provisions 38 Chapter 4: Transitional Provisions 40 title viii: employment 46 title ix: common commercial policy 48 title x: customs cooperation 50 title xi: social policy, education, vocational training and youth 50 Chapter 1: Social Provisions 50 Chapter 2: The European Social Fund 54 Chapter 3: Education, Vocational Training and Youth 54 title xii: culture 56 title xiii: public health 56 title xiv: consumer protection 57 title xv: trans-european networks 58 title xvi: industry 59 title xvii: economic and social cohesion 59 title xviii: research and technological development 61 title xix: environment 63 title xx: development cooperation 64 title xxi: economic, financial and technical cooperation with third countries 65 Part Four: Association of the Overseas Countries and Territories 66 Part Five: Institutions of the Community 68 title i: provisions governing the institutions 68 Chapter 1: The Institutions 68 Section 1: The European Parliament 68 Section 2: The Council 71 Section 3: The Commission 73 Section 4: The Court of Justice 75 Section 5: The Court of Auditors 81 Chapter 2: Provisions Common to Several Institutions 83 Chapter 3: The Economic and Social Committee 87 Chapter 4: The Committee of the Regions 88 Chapter 5: The European Investment Bank 90 title ii: financial provisions 90 Part Six: General and Final Provisions 96 Final Provisions 103 Annex II. Overseas Countries and Territories to which the provisions of Part Four of the Treaty apply 103 Treaty on European Union (Consolidated Version) 105 Preamble 105 title i: common provisions 106 titles ii–iv: [omitted: amendments incorporated in ec treaty] 108 title v: provisions on a common foreign and security policy 109 title vi: provisions on police and judicial cooperation in criminal matters 115 title vii: provisions on enhanced cooperation 121 title viii: final provisions 122 PROTOCOLS AND DECLARATIONS 125 Protocols Annexed by Treaty on European Union to EC Treaty 125 1 EMU and United Kingdom (Protocol No. 25, 1992) 125 2 EMU and Denmark (Protocol No. 26, 1992) 127 Protocols Annexed by Treaty of Amsterdam to EC Treaty and the Treaty on European Union 127 3 Schengen Acquis (Protocol No. 2, 1997) 127 4 United Kingdom and Ireland: Border Controls (Protocol No. 3, 1997) 130 5 United Kingdom and Ireland: Visas, Asylum, etc. (Protocol No. 4, 1997) 131 6 Denmark: Border Controls and Defence (Protocol No. 5, 1997) 132 Protocols Annexed by Treaty of Amsterdam to EC Treaty 133 7 Asylum (Protocol No. 29, 1997) 133 8 Subsidiarity and Proportionality (Protocol No. 30, 1997) 134 9 External Borders (Protocol No. 31, 1997) 136 10 Public Broadcasting (Protocol No. 32, 1997) 136 11 Animal Welfare (Protocol No. 33, 1997) 137 Protocol Annexed by Treaty of Amsterdam to Treaty on European Union and EC, ECSC, and Euratom Treaties 137 12 Seats of the Institutions (Protocol No. 8, 1997) 137 Protocol Annexed by Treaty of Nice to Treaty on European Union and EC, ECSC, and Euratom Treaties 138 13 Enlargement (2001) 138 Protocol Annexed by Treaty of Nice to the EC Treaty 141 14 Voting on measures on Visas, Asylum, etc. under Article 66 EC (2001) 141 Declarations Adopted by the Conference at Nice 142 No. 1 Declaration on the European security and defence policy 142 No. 3 Declaration on Article 10 of the EC Treaty 142 No. 4 Declaration on the third paragraph of Article 21 EC 142 No. 5 Declaration on Article 67 EC 142 No. 9 Declaration on Article 175 EC 143 No. 11 Declaration on Article 191 EC 143 No. 12 Declaration on Article 225 EC 143 No. 13 Declaration on Article 225(2) and (3) EC 143 No. 14 Declaration on Article 225(2) and (3) EC 144 No. 15 Declaration on Article 225(3) EC 144 No. 16 Declaration on Article 225a EC 144 No. 17 Declaration on Article 229a EC 144 No. 20 Declaration on the enlargement of the European Union 144 No. 21 Declaration on the qualified majority threshold and the number of votes for a blocking minority in an enlarged Union 147 No. 22 Declaration on the venue for European Councils 148 No. 23 Declaration on the future of the Union 148 TRANSITIONAL ARRANGEMENTS FOR ENLARGEMENT: THE BRUSSELS AND COPENHAGEN SUMMITS 150 The Brussels European Council, 24 and 25 October 2002 150 The Copenhagen European Council, 12 and 13 December 2002 153 OMBUDSMAN 154 Decision of the European Parliament of 9 March 1994 154 Ombudsman's Annual Report for 1995 157 Ombudsman's Annual Report for 1999 158 HUMAN RIGHTS 162 Charter of Fundamental Rights of the European Union 162 Draft Treaty Establishing a Constitution for Europe 171 Preamble 171 Part I 171 title i: definition and objectives of the union 171 title ii: fundamental rights and citizenship of the union 173 title iii: union competences 174 title iv: the union's institutions 177 Chapter I. The institutional framework 177 Part III: The Policies and Functioning of the Union 178 Part IV: General and Final Provisions 178 Protocol on the Role of National Parliaments in the European Union 180 I. Information for Member States' national Parliament 180 II. Interparliamentary cooperation 181 Protocol on the Application of the Principles of Subsidiarity and Proportionality 181 PART II: SECONDARY LEGISLATION AND OTHER DOCUMENTS FREE MOVEMENT OF GOODS 187 Commission Directive of 22 December 1969 on the abolition of measures which have an effect equivalent to quantitative restrictions on imports (70/50/EEC) 187 Communication from the Commission of 3 October 1980 concerning the consequences of the judgment given by the Court of Justice on 20 February 1979 in Case 120/78 191 FREEDOM OF MOVEMENT FOR WORKERS 194 Council Regulation of 15 October 1968 on freedom of movement for workers within the Community (1612/68/EEC) 194 Freedom of movement of workers and access to employment in the public service of the Member States—Commission action in respect of the application of Article 48(4) [now Article 39(4) of the EC Treaty] 197 RIGHT OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES 200 European Parliament and Council Directive of 16 December 1996 concerning the posting of workers in the framework of the provision of services (96/71/EC) 200 Council Directive of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (89/48/EEC) 206 Council Recommendation of 21 December 1988 concerning nationals of Member States who hold a diploma conferred in a third State (89/49/EEC) 218 Council Directive of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (77/249/EEC) 218 European Parliament and Council Directive of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (98/5/EC) 221 THE RIGHT OF CITIZENS OF THE UNION AND THEIR FAMILY MEMBERS TO MOVE AND RESIDE FREELY WITHIN THE TERRITORY OF THE MEMBER STATES 232 Council and European Parliament Directive of XXXX on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (???/2004/EC) 232 COMPETITION 252 Council Regulation of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1/2003/EC) 252 Commission Notice: Guidelines on the applicability of Article 81 of the EC Treaty to horizontal cooperation agreements (2001) 276 Commission Notice on agreements of minor importance which do not appreciably restrict competition under Article 81(1) of the EC Treaty (de minimis) (2001) 284 Commission Notice on the definition of the relevant market for the purposes of Community competition law (1997) 288 Commission Regulation of 22 December 1999 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices (2790/1999/EC) 300 Commission Regulation of 29 November 2000 on the application of Article 81(3) of the Treaty to categories of specialisation agreements (2658/2000/EC) 308 Commission Regulation of 29 November 2000 on the application of Article 81(3) of the Treaty to categories of research and development agreements (2659/2000/EC) 313 Council Regulation of 20 January 2004 on the control of concentrations between undertakings (139/2004/EC) 322 Commission Notice of 2 February 1998 on the concept of full-function joint ventures under Council Regulation 4064/89/EEC on the control of concentrations between undertakings 354 STATE AIDS 359 Council Regulation of 22 March 1999 laying down detailed rules for the application of Article 93 [now Article 87] of the EC Treaty (659/1999/EC) 359 CONSUMER PROTECTION 372 Council Directive of 5 April 1993 on unfair terms in consumer contracts (93/13/EEC) 372 ENVIRONMENTAL LAW 379 Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (85/337/EEC) 379 SOCIAL POLICY 395 Council Directive of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (75/117/EEC) 395 Council Directive of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (76/207/EEC) 396 Council Directive of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (79/7/EEC) 401 Council Directive of 15 December 1997 on the burden of proof in cases of discrimination based on sex (97/80/EC) 404 Council Directive of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2000/43/EC) 407 Council Directive of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (2000/78/EC) 415 Council Directive of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (2001/23/EC) 425 Council Directive of 23 November 1993 concerning certain aspects of the organization of working time (93/104/EEC) 432 Community Charter of the Fundamental Social Rights of Workers adopted by the Heads of State or Government of the Member States of the European Community meeting at Strasbourg on 9 December 1989 443 PART III: UNITED KINGDOM SOURCES UNITED KINGDOM SOURCES 453 European Communities Act 1972 (as amended) 453 European Parliamentary Elections Act 2002 456 European Communities Amendment Act 1993 (as amended) 456 Civil Procedure Rules, Part 68: References to the European Court 457
Library of Congress Subject Headings for this publication:
Law -- European Union countries.
European Union countries -- Commercial treaties.
Commercial law -- European Union countries.