Public International Law

By admin on septiembre 28th, 2010

Council of Europe Convention on the Prevention of Terrorism

The member States of the Council of Europe and the other Signatories hereto,Considering that the aim of the Council of Europe is to achieve greater unity between its members;Recognising the value of reinforcing co-operation with the other Parties to this Convention;Wishing to take effective measures to prevent terrorism and to counter, in particular, public provocation to commit terrorist offences and recruitment and training for terrorism;Aware of the grave concern caused by the increase in terrorist offences and the growing terrorist threat;Aware of the precarious situation faced by those who suffer from terrorism, and in this connection reaffirming their profound solidarity with the victims of terrorism and their families;Recognising that terrorist offences and the offences set forth in this Convention, by whoever perpetrated, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature, and recalling the obligation of all Parties to prevent such offences and, if not prevented, to prosecute and ensure that they are punishable by penalties which take into account their grave nature;Recalling the need to strengthen the fight against terrorism and reaffirming that all measures taken to prevent or suppress terrorist offences have to respect the rule of law and democratic values, human rights and fundamental freedoms as well as other provisions of international law, including, where applicable, international humanitarian law;Recognising that this Convention is not intended to affect established principles relating to freedom of expression and freedom of association;Recalling that acts of terrorism have the purpose by their nature or context to seriously intimidate a population or unduly compel a government or an international organisation to perform or abstain from performing any act or seriously destabilise or destroy the fundamental political, constitutional, economic or social structures of a country or an international organisation;Have agreed as follows:Article 1 – Terminology1 For the purposes of this Convention, “terrorist offence” means any of the offences within the scope of and as defined in one of the treaties listed in the Appendix.2 On depositing its instrument of ratification, acceptance, approval or accession, a State or the European Community which is not a party to a treaty listed in the Appendix may declare that, in the application of this Convention to the Party concerned, that treaty shall be deemed not to be included in the Appendix. This declaration shall cease to have effect as soon as the treaty enters into force for the Party having made such a declaration, which shall notify the Secretary General of the Council of Europe of this entry into force.Article 2 – PurposeThe purpose of the present Convention is to enhance the efforts of Parties in preventing terrorism and its negative effects on the full enjoyment of human rights, in particular the right to life, both by measures to be taken at national level and through international co-operation, with due regard to the existing applicable multilateral or bilateral treaties or agreements between the Parties.Article 3 – National prevention policies1 Each Party shall take appropriate measures, particularly in the field of training of law enforcement authorities and other bodies, and in the fields of education, culture, information, media and public awareness raising, with a view to preventing terrorist offences and their negative effects while respecting human rights obligations as set forth in, where applicable to that Party, the Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, and other obligations under international law.2 Each Party shall take such measures as may be necessary to improve and develop the co-operation among national authorities with a view to preventing terrorist offences and their negative effects by, inter alia:a exchanging information;b improving the physical protection of persons and facilities;c enhancing training and coordination plans for civil emergencies.3 Each Party shall promote tolerance by encouraging inter-religious and cross-cultural dialogue involving, where appropriate, non-governmental organisations and other elements of civil society with a view to preventing tensions that might contribute to the commission of terrorist offences.4 Each Party shall endeavour to promote public awareness regarding the existence, causes and gravity of and the threat posed by terrorist offences and the offences set forth in this Convention and consider encouraging the public to provide factual, specific help to its competent authorities that may contribute to preventing terrorist offences and offences set forth in this Convention.Article 4 – International co-operation on preventionParties shall, as appropriate and with due regard to their capabilities, assist and support each other with a view to enhancing their capacity to prevent the commission of terrorist offences, including through exchange of information and best practices, as well as through training and other joint efforts of a preventive character.Article 5 – Public provocation to commit a terrorist offence1 For the purposes of this Convention, “public provocation to commit a terrorist offence” means the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission of a terrorist offence, where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed.2 Each Party shall adopt such measures as may be necessary to establish public provocation to commit a terrorist offence, as defined in paragraph 1, when committed unlawfully and intentionally, as a criminal offence under its domestic law.Article 6 – Recruitment for terrorism1 For the purposes of this Convention, “recruitment for terrorism” means to solicit another person to commit or participate in the commission of a terrorist offence, or to join an association or group, for the purpose of contributing to the commission of one or more terrorist offences by the association or the group.2 Each Party shall adopt such measures as may be necessary to establish recruitment for terrorism, as defined in paragraph 1, when committed unlawfully and intentionally, as a criminal offence under its domestic law.Article 7 – Training for terrorism1 For the purposes of this Convention, “training for terrorism” means to provide instruction in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or techniques, for the purpose of carrying out or contributing to the commission of a terrorist offence, knowing that the skills provided are intended to be used for this purpose.2 Each Party shall adopt such measures as may be necessary to establish training for terrorism, as defined in paragraph 1, when committed unlawfully and intentionally, as a criminal offence under its domestic law.Article 8 – Irrelevance of the commission of a terrorist offenceFor an act to constitute an offence as set forth in Articles 5 to 7 of this Convention, it shall not be necessary that a terrorist offence be actually committed.Article 9 – Ancillary offences1 Each Party shall adopt such measures as may be necessary to establish as a criminal offence under its domestic law:a Participating as an accomplice in an offence as set forth in Articles 5 to 7 of this Convention;b Organising or directing others to commit an offence as set forth in Articles 5 to 7 of this Convention;c Contributing to the commission of one or more offences as set forth in Articles 5 to 7 of this Convention by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:i be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offence as set forth in Articles 5 to 7 of this Convention; orii be made in the knowledge of the intention of the group to commit an offence as set forth in Articles 5 to 7 of this Convention.2 Each Party shall also adopt such measures as may be necessary to establish as a criminal offence under, and in accordance with, its domestic law the attempt to commit an offence as set forth in Articles 6 and 7 of this Convention.Article 10 – Liability of legal entities1 Each Party shall adopt such measures as may be necessary, in accordance with its legal principles, to establish the liability of legal entities for participation in the offences set forth in Articles 5 to 7 and 9 of this Convention.2 Subject to the legal principles of the Party, the liability of legal entities may be criminal, civil or administrative.3 Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offences.Article 11 – Sanctions and measures1 Each Party shall adopt such measures as may be necessary to make the offences set forth in Articles 5 to 7 and 9 of this Convention punishable by effective, proportionate and dissuasive penalties.2 Previous final convictions pronounced in foreign States for offences set forth in the present Convention may, to the extent permitted by domestic law, be taken into account for the purpose of determining the sentence in accordance with domestic law.3 Each Party shall ensure that legal entities held liable in accordance with Article 10 are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.Article 12 – Conditions and safeguards1 Each Party shall ensure that the establishment, implementation and application of the criminalisation under Articles 5 to 7 and 9 of this Convention are carried out while respecting human rights obligations, in particular the right to freedom of expression, freedom of association and freedom of religion, as set forth in, where applicable to that Party, the Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, and other obligations under international law.2 The establishment, implementation and application of the criminalisation under Articles 5 to 7 and 9 of this Convention should furthermore be subject to the principle of proportionality, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discriminatory or racist treatment.Article 13 – Protection, compensation and support for victims of terrorismEach Party shall adopt such measures as may be necessary to protect and support the victims of terrorism that has been committed within its own territory. These measures may include, through the appropriate national schemes and subject to domestic legislation, inter alia, financial assistance and compensation for victims of terrorism and their close family members.Article 14 Jurisdiction1 Each Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in this Convention:a when the offence is committed in the territory of that Party;b when the offence is committed on board a ship flying the flag of that Party, or on board an aircraft registered under the laws of that Party;c when the offence is committed by a national of that Party.2 Each Party may also establish its jurisdiction over the offences set forth in this Convention:a when the offence was directed towards or resulted in the carrying out of an offence referred to in Article 1 of this Convention, in the territory of or against a national of that Party;b when the offence was directed towards or resulted in the carrying out of an offence referred to in Article 1 of this Convention, against a State or government facility of that Party abroad, including diplomatic or consular premises of that Party;c when the offence was directed towards or resulted in an offence referred to in Article 1 of this Convention, committed in an attempt to compel that Party to do or abstain from doing any act;d when the offence is committed by a stateless person who has his or her habitual residence in the territory of that Party;e when the offence is committed on board an aircraft which is operated by the Government of that Party.3 Each Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in this Convention in the case where the alleged offender is present in its territory and it does not extradite him or her to a Party whose jurisdiction is based on a rule of jurisdiction existing equally in the law of the requested Party.4 This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.5 When more than one Party claims jurisdiction over an alleged offence set forth in this Convention, the Parties involved shall, where appropriate, consult with a view to determining the most appropriate jurisdiction for prosecution.Article 15 – Duty to investigate1 Upon receiving information that a person who has committed or who is alleged to have committed an offence set forth in this Convention may be present in its territory, the Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information.2 Upon being satisfied that the circumstances so warrant, the Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person’s presence for the purpose of prosecution or extradition.3 Any person in respect of whom the measures referred to in paragraph 2 are being taken shall be entitled to:a communicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that person’s rights or, if that person is a stateless person, the State in the territory of which that person habitually resides;b be visited by a representative of that State;c be informed of that person’s rights under subparagraphs a. and b.4 The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the Party in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.5 The provisions of paragraphs 3 and 4 shall be without prejudice to the right of any Party having a claim of jurisdiction in accordance with Article 14, paragraphs 1.c and 2.d to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.Article 16 – Non application of the ConventionThis Convention shall not apply where any of the offences established in accordance with Articles 5 to 7 and 9 is committed within a single State, the alleged offender is a national of that State and is present in the territory of that State, and no other State has a basis under Article 14, paragraph 1 or 2 of this Convention, to exercise jurisdiction, it being understood that the provisions of Articles 17 and 20 to 22 of this Convention shall, as appropriate, apply in those cases.Article 17 – International co-operation in criminal matters1 Parties shall afford one another the greatest measure of assistance in connection with criminal investigations or criminal or extradition proceedings in respect of the offences set forth in Articles 5 to 7 and 9 of this Convention, including assistance in obtaining evidence in their possession necessary for the proceedings.2 Parties shall carry out their obligations under paragraph 1 in conformity with any treaties or other agreements on mutual legal assistance that may exist between them. In the absence of such treaties or agreements, Parties shall afford one another assistance in accordance with their domestic law.3 Parties shall co-operate with each other to the fullest extent possible under relevant law, treaties, agreements and arrangements of the requested Party with respect to criminal investigations or proceedings in relation to the offences for which a legal entity may be held liable in accordance with Article 10 of this Convention in the requesting Party.4 Each Party may give consideration to establishing additional mechanisms to share with other Parties information or evidence needed to establish criminal, civil or administrative liability pursuant to Article 10.Article 18 – Extradite or prosecute1 The Party in the territory of which the alleged offender is present shall, when it has jurisdiction in accordance with Article 14, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that Party. Those authorities shall take their decision in the same manner as in the case of any other offence of a serious nature under the law of that Party.2 Whenever a Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that Party to serve the sentence imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought, and this Party and the Party seeking the extradition of the person agree with this option and other terms they may deem appropriate, such a conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 1.Article 19 – Extradition1 The offences set forth in Articles 5 to 7 and 9 of this Convention shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the Parties before the entry into force of this Convention. Parties undertake to include such offences as extraditable offences in every extradition treaty to be subsequently concluded between them.2 When a Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no extradition treaty, the requested Party may, if it so decides, consider this Convention as a legal basis for extradition in respect of the offences set forth in Articles 5 to 7 and 9 of this Convention. Extradition shall be subject to the other conditions provided by the law of the requested Party.3 Parties which do not make extradition conditional on the existence of a treaty shall recognise the offences set forth in Articles 5 to 7 and 9 of this Convention as extraditable offences between themselves, subject to the conditions provided by the law of the requested Party.4 Where necessary, the offences set forth in Articles 5 to 7 and 9 of this Convention shall be treated, for the purposes of extradition between Parties, as if they had been committed not only in the place in which they occurred but also in the territory of the Parties that have established jurisdiction in accordance with Article 14.5 The provisions of all extradition treaties and agreements concluded between Parties in respect of offences set forth in Articles 5 to 7 and 9 of this Convention shall be deemed to be modified as between Parties to the extent that they are incompatible with this Convention.Article 20 – Exclusion of the political exception clauseChart of renewal of reservations1 None of the offences referred to in Articles 5 to 7 and 9 of this Convention, shall be regarded, for the purposes of extradition or mutual legal assistance, as a political offence, an offence connected with a political offence, or as an offence inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such an offence may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.2 Without prejudice to the application of Articles 19 to 23 of the Vienna Convention on the Law of Treaties of 23 May 1969 to the other Articles of this Convention, any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession of the Convention, declare that it reserves the right to not apply paragraph 1 of this Article as far as extradition in respect of an offence set forth in this Convention is concerned. The Party undertakes to apply this reservation on a case-by-case basis, through a duly reasoned decision.3 Any Party may wholly or partly withdraw a reservation it has made in accordance with paragraph 2 by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt.4 A Party which has made a reservation in accordance with paragraph 2 of this Article may not claim the application of paragraph 1 of this Article by any other Party; it may, however, if its reservation is partial or conditional, claim the application of this article in so far as it has itself accepted it.5 The reservation shall be valid for a period of three years from the day of the entry into force of this Convention in respect of the Party concerned. However, such reservation may be renewed for periods of the same duration.6 Twelve months before the date of expiry of the reservation, the Secretary General of the Council of Europe shall give notice of that expiry to the Party concerned. No later than three months before expiry, the Party shall notify the Secretary General of the Council of Europe that it is upholding, amending or withdrawing its reservation. Where a Party notifies the Secretary General of the Council of Europe that it is upholding its reservation, it shall provide an explanation of the grounds justifying its continuance. In the absence of notification by the Party concerned, the Secretary General of the Council of Europe shall inform that Party that its reservation is considered to have been extended automatically for a period of six months. Failure by the Party concerned to notify its intention to uphold or modify its reservation before the expiry of that period shall cause the reservation to lapse.7 Where a Party does not extradite a person in application of this reservation, after receiving an extradition request from another Party, it shall submit the case, without exception whatsoever and without undue delay, to its competent authorities for the purpose of prosecution, unless the requesting Party and the requested Party agree otherwise. The competent authorities, for the purpose of prosecution in the requested Party, shall take their decision in the same manner as in the case of any offence of a grave nature under the law of that Party. The requested Party shall communicate, without undue delay, the final outcome of the proceedings to the requesting Party and to the Secretary General of the Council of Europe, who shall forward it to the Consultation of the Parties provided for in Article 30.8 The decision to refuse the extradition request on the basis of this reservation shall be forwarded promptly to the requesting Party. If within a reasonable time no judicial decision on the merits has been taken in the requested Party according to paragraph 7, the requesting Party may communicate this fact to the Secretary General of the Council of Europe, who shall submit the matter to the Consultation of the Parties provided for in Article 30. This Consultation shall consider the matter and issue an opinion on the conformity of the refusal with the Convention and shall submit it to the Committee of Ministers for the purpose of issuing a declaration thereon. When performing its functions under this paragraph, the Committee of Ministers shall meet in its composition restricted to the States Parties.Article 21 – Discrimination clause1 Nothing in this Convention shall be interpreted as imposing an obligation to extradite or to afford mutual legal assistance, if the requested Party has substantial grounds for believing that the request for extradition for offences set forth in Articles 5 to 7 and 9 or for mutual legal assistance with respect to such offences has been made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that person’s position for any of these reasons.2 Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the person who is the subject of the extradition request risks being exposed to torture or to inhuman or degrading treatment or punishment.3 Nothing in this Convention shall be interpreted either as imposing an obligation to extradite if the person who is the subject of the extradition request risks being exposed to the death penalty or, where the law of the requested Party does not allow for life imprisonment, to life imprisonment without the possibility of parole, unless under applicable extradition treaties the requested Party is under the obligation to extradite if the requesting Party gives such assurance as the requested Party considers sufficient that the death penalty will not be imposed or, where imposed, will not be carried out, or that the person concerned will not be subject to life imprisonment without the possibility of parole.Article 22 – Spontaneous information1 Without prejudice to their own investigations or proceedings, the competent authorities of a Party may, without prior request, forward to the competent authorities of another Party information obtained within the framework of their own investigations, when they consider that the disclosure of such information might assist the Party receiving the information in initiating or carrying out investigations or proceedings, or might lead to a request by that Party under this Convention.2 The Party providing the information may, pursuant to its national law, impose conditions on the use of such information by the Party receiving the information.3 The Party receiving the information shall be bound by those conditions.4 However, any Party may, at any time, by means of a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to be bound by the conditions imposed by the Party providing the information under paragraph 2 above, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission.Article 23 – Signature and entry into force1 This Convention shall be open for signature by the member States of the Council of Europe, the European Community and by non-member States which have participated in its elaboration.2 This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.3 This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which six Signatories, including at least four member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 2.4 In respect of any Signatory which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Convention in accordance with the provisions of paragraph 2.Article 24 – Accession to the Convention1 After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting with and obtaining the unanimous consent of the Parties to the Convention, may invite any State which is not a member of the Council of Europe and which has not participated in its elaboration to accede to this convention. The decision shall be taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Parties entitled to sit on the Committee of Ministers.2 In respect of any State acceding to the convention under paragraph 1 above, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.Article 25 – Territorial application1 Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.2 Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.Article 26 – Effects of the Convention1 The present Convention supplements applicable multilateral or bilateral treaties or agreements between the Parties, including the provisions of the following Council of Europe treaties:– European Convention on Extradition, opened for signature, in Paris, on 13 December 1957 (ETS No. 24);– European Convention on Mutual Assistance in Criminal Matters, opened for signature, in Strasbourg, on 20 April 1959 (ETS No. 30);– European Convention on the Suppression of Terrorism, opened for signature, in Strasbourg, on 27 January 1977 (ETS No. 90);– Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, opened for signature in Strasbourg on 17 March 1978 (ETS No. 99);– Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, opened for signature in Strasbourg on 8 November 2001 (ETS No. 182);– Protocol amending the European Convention on the Suppression of Terrorism, opened for signature in Strasbourg on 15 May 2003 (ETS No. 190).2 If two or more Parties have already concluded an agreement or treaty on the matters dealt with in this Convention or have otherwise established their relations on such matters, or should they in future do so, they shall also be entitled to apply that agreement or treaty or to regulate those relations accordingly. However, where Parties establish their relations in respect of the matters dealt with in the present Convention other than as regulated therein, they shall do so in a manner that is not inconsistent with the Convention’s objectives and principles.3 Parties which are members of the European Union shall, in their mutual relations, apply Community and European Union rules in so far as there are Community or European Union rules governing the particular subject concerned and applicable to the specific case, without prejudice to the object and purpose of the present Convention and without prejudice to its full application with other Parties. ⁽¹⁾4 Nothing in this Convention shall affect other rights, obligations and responsibilities of a Party and individuals under international law, including international humanitarian law.5 The activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law, are not governed by this Convention, and the activities undertaken by military forces of a Party in the exercise of their official duties, inasmuch as they are governed by other rules of international law, are not governed by this Convention.Article 27 – Amendments to the Convention1 Amendments to this Convention may be proposed by any Party, the Committee of Ministers of the Council of Europe or the Consultation of the Parties.2 Any proposal for amendment shall be communicated by the Secretary General of the Council of Europe to the Parties.3 Moreover, any amendment proposed by a Party or the Committee of Ministers shall be communicated to the Consultation of the Parties, which shall submit to the Committee of Ministers its opinion on the proposed amendment.4 The Committee of Ministers shall consider the proposed amendment and any opinion submitted by the Consultation of the Parties and may approve the amendment.5 The text of any amendment approved by the Committee of Ministers in accordance with paragraph 4 shall be forwarded to the Parties for acceptance.6 Any amendment approved in accordance with paragraph 4 shall come into force on the thirtieth day after all Parties have informed the Secretary General of their acceptance thereof.Article 28 – Revision of the Appendix1 In order to update the list of treaties in the Appendix, amendments may be proposed by any Party or by the Committee of Ministers. These proposals for amendment shall only concern universal treaties concluded within the United Nations system dealing specifically with international terrorism and having entered into force. They shall be communicated by the Secretary General of the Council of Europe to the Parties.2 After having consulted the non-member Parties, the Committee of Ministers may adopt a proposed amendment by the majority provided for in Article 20.d of the Statute of the Council of Europe. The amendment shall enter into force following the expiry of a period of one year after the date on which it has been forwarded to the Parties. During this period, any Party may notify the Secretary General of the Council of Europe of any objection to the entry into force of the amendment in respect of that Party.3 If one third of the Parties notifies the Secretary General of the Council of Europe of an objection to the entry into force of the amendment, the amendment shall not enter into force.4 If less than one third of the Parties notifies an objection, the amendment shall enter into force for those Parties which have not notified an objection.5 Once an amendment has entered into force in accordance with paragraph 2 and a Party has notified an objection to it, this amendment shall come into force in respect of the Party concerned on the first day of the month following the date on which it notifies the Secretary General of the Council of Europe of its acceptance.Article 29 – Settlement of disputesIn the event of a dispute between Parties as to the interpretation or application of this Convention, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to an arbitral tribunal whose decisions shall be binding upon the Parties to the dispute, or to the International Court of Justice, as agreed upon by the Parties concerned.Article 30 – Consultation of the Parties1 The Parties shall consult periodically with a view to:a making proposals to facilitate or improve the effective use and implementation of this Convention, including the identification of any problems and the effects of any declaration made under this Convention;b formulating its opinion on the conformity of a refusal to extradite which is referred to them in accordance with Article 20, paragraph 8;c making proposals for the amendment of this Convention in accordance with Article 27;d formulating their opinion on any proposal for the amendment of this Convention which is referred to them in accordance with Article 27, paragraph 3;e expressing an opinion on any question concerning the application of this Convention and facilitating the exchange of information on significant legal, policy or technological developments.2 The Consultation of the Parties shall be convened by the Secretary General of the Council of Europe whenever he finds it necessary and in any case when a majority of the Parties or the Committee of Ministers request its convocation.3 The Parties shall be assisted by the Secretariat of the Council of Europe in carrying out their functions pursuant to this article.Article 31 – Denunciation1 Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.2 Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.Article 32 – NotificationThe Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the European Community, the non-member States which have participated in the elaboration of this Convention as well as any State which has acceded to, or has been invited to accede to, this Convention of:a any signature;b the deposit of any instrument of ratification, acceptance, approval or accession;c any date of entry into force of this Convention in accordance with Article 23;d any declaration made under Article 1, paragraph 2, 22, paragraph 4, and 25 ;e any other act, notification or communication relating to this Convention.In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.Done at Warsaw, this 16^th day of May 2005, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the European Community, to the non-member States which have participated in the elaboration of this Convention, and to any State invited to accede to it.

Note by the Secretariat: See the Declaration formulated by the European Community and the Member States of the European Union upon the adoption of the Convention by the Committee of Ministers of the Council of Europe, on 3 May 2005:“The European Community/European Union and its Member States reaffirm that their objective in requesting the inclusion of a “disconnection clause” is to take account of the institutional structure of the Union when acceding to international conventions, in particular in case of transfer of sovereign powers from the Member States to the Community.This clause is not aimed at reducing the rights or increasing the obligations of a non-European Union Party vis-à-vis the European Community/European Union and its Member States, inasmuch as the latter are also parties to this Convention.The disconnection clause is necessary for those parts of the Convention which fall within the competence of the Community/Union, in order to indicate that European Union Member States cannot invoke and apply the rights and obligations deriving from the Convention directly among themselves (or between themselves and the European Community/Union). This does not detract from the fact that the Convention applies fully between the European Community/European Union and its Member States on the one hand, and the other Parties to the Convention, on the other; the Community and the European Union Members States will be bound by the Convention and will apply it like any Party to the Convention, if necessary, through Community/Union legislation. They will thus guarantee the full respect of the Convention’s provisions vis-à-vis non-European Union Parties.”

Appendix

1 Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970;2 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, concluded at Montreal on 23 September 1971;3 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, adopted in New York on 14 December 1973;4 International Convention Against the Taking of Hostages, adopted in New York on 17 December 1979;5 Convention on the Physical Protection of Nuclear Material, adopted in Vienna on 3 March 1980;6 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal on 24 February 1988;7 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10 March 1988;8 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988;9 International Convention for the Suppression of Terrorist Bombings, adopted in New York on 15 December 1997;10 International Convention for the Suppression of the Financing of Terrorism, adopted in New York on 9 December 1999;11. International Convention for the Suppression of Acts of Nuclear Terrorism, adopted in New York on 13 April 2005 ⁽¹⁾.

Note:(1) Amendment to the Appendix adopted by the Ministers’ Deputies at their 1034th meeting (11 September 2008, item 10.1) and entered into force on 13 September 2009 in accordance with Article 28 of the Convention.

Treaties

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By admin on septiembre 28th, 2010

Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem (Protocol III)

Article 1 – Respect for and scope of application of this Protocol

1. The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances.

2. This Protocol reaffirms and supplements the provisions of the four Geneva Conventions of 12 August 1949 (“the Geneva Conventions”) and, where applicable, of their two Additional Protocols of 8 June 1977 (“the 1977 Additional Protocols”) relating to the distinctive emblems, namely the red cross, the red crescent and the red lion and sun, and shall apply in the same situations as those referred to in these provisions.

Article 2 – Distinctive emblems

1. This Protocol recognizes an additional distinctive emblem in addition to, and for the same purposes as, the distinctive emblems of the Geneva Conventions. The distinctive emblems shall enjoy equal status.

2. This additional distinctive emblem, composed of a red frame in the shape of a square on edge on a white ground, shall conform to the illustration in the Annex to this Protocol. This distinctive emblem is referred to in this Protocol as the “third Protocol emblem”.

3. The conditions for use of and respect for the third Protocol emblem are identical to those for the distinctive emblems established by the Geneva Conventions and, where applicable, the 1977 Additional Protocols.

4. The medical services and religious personnel of armed forces of High Contracting Parties may, without prejudice to their current emblems, make temporary use of any distinctive emblem referred to in paragraph 1 of this Article where this may enhance protection.

Article 3 – Indicative use of the third Protocol emblem

1. National Societies of those High Contracting Parties which decide to use the third Protocol emblem may, in using the emblem in conformity with relevant national legislation, choose to incorporate within it, for indicative purposes:

a) a distinctive emblem recognized by the Geneva Conventions or a combination of these emblems; or

b) another emblem which has been in effective use by a High Contracting Party and was the subject of a communication to the other High Contracting Parties and the International Committee of the Red Cross through the depositary prior to the adoption of this Protocol.

Incorporation shall conform to the illustration in the Annex to this Protocol.

2. A National Society which chooses to incorporate within the third Protocol emblem another emblem in accordance with paragraph 1 above, may, in conformity with national legislation, use the designation of that emblem and display it within its national territory.

3. National Societies may, in accordance with national legislation and in exceptional circumstances and to facilitate their work, make temporary use of the distinctive emblem referred to in Article 2 of this Protocol.

4. This Article does not affect the legal status of the distinctive emblems recognized in the Geneva Conventions and in this Protocol, nor does it affect the legal status of any particular emblem when incorporated for indicative purposes in accordance with paragraph 1 of this Article.

Article 4 – International Committee of the Red Cross and International Federation of Red Cross and Red Crescent SocietiesThe International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, and their duly authorized personnel, may use, in exceptional circumstances and to facilitate their work, the distinctive emblem referred to in Article 2 of this Protocol.

Article 5 – Missions under United Nations auspicesThe medical services and religious personnel participating in operations under the auspices of the United Nations may, with the agreement of participating States, use one of the distinctive emblems mentioned in Articles 1 and 2.Article 6 – Prevention and repression of misuse1. The provisions of the Geneva Conventions and, where applicable, the 1977 Additional Protocols, governing prevention and repression of misuse of the distinctive emblems shall apply equally to the third Protocol emblem. In particular, the High Contracting Parties shall take measures necessary for the prevention and repression, at all times, of any misuse of the distinctive emblems mentioned in Articles 1 and 2 and their designations, including the perfidious use and the use of any sign or designation constituting an imitation thereof.2. Notwithstanding paragraph 1 above, High Contracting Parties may permit prior users of the third Protocol emblem, or of any sign constituting an imitation thereof, to continue such use, provided that the said use shall not be such as would appear, in time of armed conflict, to confer the protection of the Geneva Conventions and, where applicable, the 1977 Additional Protocols, and provided that the rights to such use were acquired before the adoption of this Protocol.Article 7 – DisseminationThe High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate this Protocol as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military instruction and to encourage the study thereof by the civilian population, so that this instrument may become known to the armed forces and to the civilian population.Article 8 – SignatureThis Protocol shall be open for signature by the Parties to the Geneva Conventions on the day of its adoption and will remain open for a period of twelve months.Article 9 – RatificationThis Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Geneva Conventions and the 1977 Additional Protocols.Article 10 – AccessionThis Protocol shall be open for accession by any Party to the Geneva Conventions which has not signed it. The instruments of accession shall be deposited with the depositary.Article 11 – Entry into force1. This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited.2. For each Party to the Geneva Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force six months after the deposit by such Party of its instrument of ratification or accession.

Article 12 – Treaty relations upon entry into force of this Protocol1. When the Parties to the Geneva Conventions are also Parties to this Protocol, the Conventions shall apply as supplemented by this Protocol.2. When one of the Parties to the conflict is not bound by this Protocol, the Parties to the Protocol shall remain bound by it in their mutual relations. They shall furthermore be bound by this Protocol in relation to each of the Parties which are not bound by it, if the latter accepts and applies the provisions thereof.

Article 13 – Amendment1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary, which shall decide, after consultation with all the High Contracting Parties, the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, whether a conference should be convened to consider the proposed amendment.2. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the Geneva Conventions, whether or not they are signatories of this Protocol.Article 14 – Denunciation1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect one year after receipt of the instrument of denunciation. If, however, on the expiry of that year the denouncing Party is engaged in a situation of armed conflict or occupation, the denunciation shall not take effect before the end of the armed conflict or occupation. 2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties.3. The denunciation shall have effect only in respect of the denouncing Party.4. Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed conflict or occupation, under this Protocol by such denouncing Party in respect of any act committed before this denunciation becomes effective.

Article 15 – NotificationsThe depositary shall inform the High Contracting Parties as well as the Parties to the Geneva Conventions, whether or not they are signatories of this Protocol, of:a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 8, 9 and 10;b) the date of entry into force of this Protocol under Article 11 within ten days of said entry into force;c) communications received under Article 13;d) denunciations under Article 14.Article 16 – Registration1. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.2. The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to this Protocol.Article 17 – Authentic textsThe original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Geneva Conventions.

ANNEXTHIRD PROTOCOL EMBLEM(Article 2, paragraph 2 and Article 3, paragraph 1 of the Protocol)

Article 1 – Distinctive emblem Article 2 – Indicative use of the third Protocol emblem

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International Convention for the Protection of All Persons from Enforced Disappearance

Preamble

The States Parties to this Convention,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and fundamental freedoms,

Having regard to the Universal Declaration of Human Rights,

Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the other relevant international instruments in the fields of human rights, humanitarian law and international criminal law,

Also recalling the Declaration on the Protection of All Persons from Enforced Disappearance adopted by the General Assembly of the United Nations in its resolution 47/133 of 18 December 1992 ,

Aware of the extreme seriousness of enforced disappearance, which constitutes a crime and, in certain circumstances defined in international law, a crime against humanity,

Determined to prevent enforced disappearances and to combat impunity for the crime of enforced disappearance,

Considering the right of any person not to be subjected to enforced disappearance, the right of victims to justice and to reparation,

Affirming the right of any victim to know the truth about the circumstances of an enforced disappearance and the fate of the disappeared person, and the right to freedom to seek, receive and impart information to this end,

Have agreed on the following articles:

Part I

Article 1

1. No one shall be subjected to enforced disappearance.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance.

Article 2

For the purposes of this Convention, “enforced disappearance” is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.

Article 3

Each State Party shall take appropriate measures to investigate acts defined in article 2 committed by persons or groups of persons acting without the authorization, support or acquiescence of the State and to bring those responsible to justice.

Article 4

Each State Party shall take the necessary measures to ensure that enforced disappearance constitutes an offence under its criminal law.

Article 5

The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law.

Article 6

1. Each State Party shall take the necessary measures to hold criminally responsible at least:

( a ) Any person who commits, orders, solicits or induces the commission of, attempts to commit, is an accomplice to or participates in an enforced disappearance;

( b ) A superior who:

(i) Knew, or consciously disregarded information which clearly indicated, that subordinates under his or her effective authority and control were committing or about to commit a crime of enforced disappearance;

(ii) Exercised effective responsibility for and control over activities which were concerned with the crime of enforced disappearance; and

(iii) Failed to take all necessary and reasonable measures within his or her power to prevent or repress the commission of an enforced disappearance or to submit the matter to the competent authorities for investigation and prosecution;

( c ) Subparagraph ( b ) above is without prejudice to the higher standards of responsibility applicable under relevant international law to a military commander or to a person effectively acting as a military commander.

2. No order or instruction from any public authority, civilian, military or other, may be invoked to justify an offence of enforced disappearance.

Article 7

1. Each State Party shall make the offence of enforced disappearance punishable by appropriate penalties which take into account its extreme seriousness.

2. Each State Party may establish:

( a ) Mitigating circumstances, in particular for persons who, having been implicated in the commission of an enforced disappearance, effectively contribute to bringing the disappeared person forward alive or make it possible to clarify cases of enforced disappearance or to identify the perpetrators of an enforced disappearance;

( b ) Without prejudice to other criminal procedures, aggravating circumstances, in particular in the event of the death of the disappeared person or the commission of an enforced disappearance in respect of pregnant women, minors, persons with disabilities or other particularly vulnerable persons.

Article 8

Without prejudice to article 5,

1. A State Party which applies a statute of limitations in respect of enforced disappearance shall take the necessary measures to ensure that the term of limitation for criminal proceedings:

( a ) Is of long duration and is proportionate to the extreme seriousness of this offence;

( b ) Commences from the moment when the offence of enforced disappearance ceases, taking into account its continuous nature.

2. Each State Party shall guarantee the right of victims of enforced disappearance to an effective remedy during the term of limitation.

Article 9

1. Each State Party shall take the necessary measures to establish its competence to exercise jurisdiction over the offence of enforced disappearance:

( a ) When the offence is committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;

( b ) When the alleged offender is one of its nationals;

( c ) When the disappeared person is one of its nationals and the State Party considers it appropriate.

2. Each State Party shall likewise take such measures as may be necessary to establish its competence to exercise jurisdiction over the offence of enforced disappearance when the alleged offender is present in any territory under its jurisdiction, unless it extradites or surrenders him or her to another State in accordance with its international obligations or surrenders him or her to an international criminal tribunal whose jurisdiction it has recognized.

3. This Convention does not exclude any additional criminal jurisdiction exercised in accordance with national law.

Article 10

1. Upon being satisfied, after an examination of the information available to it, that the circumstances so warrant, any State Party in whose territory a person suspected of having committed an offence of enforced disappearance is present shall take him or her into custody or take such other legal measures as are necessary to ensure his or her presence. The custody and other legal measures shall be as provided for in the law of that State Party but may be maintained only for such time as is necessary to ensure the person’s presence at criminal, surrender or extradition proceedings.

2. A State Party which has taken the measures referred to in paragraph 1 of this article shall immediately carry out a preliminary inquiry or investigations to establish the facts. It shall notify the States Parties referred to in article 9, paragraph 1, of the measures it has taken in pursuance of paragraph 1 of this article, including detention and the circumstances warranting detention, and of the findings of its preliminary inquiry or its investigations, indicating whether it intends to exercise its jurisdiction.

3. Any person in custody pursuant to paragraph 1 of this article may communicate immediately with the nearest appropriate representative of the State of which he or she is a national, or, if he or she is a stateless person, with the representative of the State where he or she usually resides.

Article 11

1. The State Party in the territory under whose jurisdiction a person alleged to have committed an offence of enforced disappearance is found shall, if it does not extradite that person or surrender him or her to another State in accordance with its international obligations or surrender him or her to an international criminal tribunal whose jurisdiction it has recognized, submit the case to its competent authorities for the purpose of prosecution.

2. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State Party. In the cases referred to in article 9, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 9, paragraph 1.

3. Any person against whom proceedings are brought in connection with an offence of enforced disappearance shall be guaranteed fair treatment at all stages of the proceedings. Any person tried for an offence of enforced disappearance shall benefit from a fair trial before a competent, independent and impartial court or tribunal established by law.

Article 12

1. Each State Party shall ensure that any individual who alleges that a person has been subjected to enforced disappearance has the right to report the facts to the competent authorities, which shall examine the allegation promptly and impartially and, where necessary, undertake without delay a thorough and impartial investigation. Appropriate steps shall be taken, where necessary, to ensure that the complainant, witnesses, relatives of the disappeared person and their defence counsel, as well as persons participating in the investigation, are protected against all ill-treatment or intimidation as a consequence of the complaint or any evidence given.

2. Where there are reasonable grounds for believing that a person has been subjected to enforced disappearance, the authorities referred to in paragraph 1 of this article shall undertake an investigation, even if there has been no formal complaint.

3. Each State Party shall ensure that the authorities referred to in paragraph 1 of this article:

( a ) Have the necessary powers and resources to conduct the investigation effectively, including access to the documentation and other information relevant to their investigation;

( b ) Have access, if necessary with the prior authorization of a judicial authority, which shall rule promptly on the matter, to any place of detention or any other place where there are reasonable grounds to believe that the disappeared person may be present.

4. Each State Party shall take the necessary measures to prevent and sanction acts that hinder the conduct of an investigation. It shall ensure in particular that persons suspected of having committed an offence of enforced disappearance are not in a position to influence the progress of an investigation by means of pressure or acts of intimidation or reprisal aimed at the complainant, witnesses, relatives of the disappeared person or their defence counsel, or at persons participating in the investigation.

Article 13

1. For the purposes of extradition between States Parties, the offence of enforced disappearance shall not be regarded as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for extradition based on such an offence may not be refused on these grounds alone.

2. The offence of enforced disappearance shall be deemed to be included as an extraditable offence in any extradition treaty existing between States Parties before the entry into force of this Convention.

3. States Parties undertake to include the offence of enforced disappearance as an extraditable offence in any extradition treaty subsequently to be concluded between them.

4. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the necessary legal basis for extradition in respect of the offence of enforced disappearance.

5. States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offence of enforced disappearance as an extraditable offence between themselves.

6. Extradition shall, in all cases, be subject to the conditions provided for by the law of the requested State Party or by applicable extradition treaties, including, in particular, conditions relating to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition or make it subject to certain conditions.

7. Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person’s sex, race, religion, nationality, ethnic origin, political opinions or membership of a particular social group, or that compliance with the request would cause harm to that person for any one of these reasons.

Article 14

1. States Parties shall afford one another the greatest measure of mutual legal assistance in connection with criminal proceedings brought in respect of an offence of enforced disappearance, including the supply of all evidence at their disposal that is necessary for the proceedings.

2. Such mutual legal assistance shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable treaties on mutual legal assistance, including, in particular, the conditions in relation to the grounds upon which the requested State Party may refuse to grant mutual legal assistance or may make it subject to conditions.

Article 15

States Parties shall cooperate with each other and shall afford one another the greatest measure of mutual assistance with a view to assisting victims of enforced disappearance, and in searching for, locating and releasing disappeared persons and, in the event of death, in exhuming and identifying them and returning their remains.

Article 16

1. No State Party shall expel, return (“refouler”), surrender or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to enforced disappearance.

2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations, including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights or of serious violations of international humanitarian law.

Article 17

1. No one shall be held in secret detention.

2. Without prejudice to other international obligations of the State Party with regard to the deprivation of liberty, each State Party shall, in its legislation:

( a ) Establish the conditions under which orders of deprivation of liberty may be given;

( b ) Indicate those authorities authorized to order the deprivation of liberty;

( c ) Guarantee that any person deprived of liberty shall be held solely in officially recognized and supervised places of deprivation of liberty;

( d ) Guarantee that any person deprived of liberty shall be authorized to communicate with and be visited by his or her family, counsel or any other person of his or her choice, subject only to the conditions established by law, or, if he or she is a foreigner, to communicate with his or her consular authorities, in accordance with applicable international law;

( e ) Guarantee access by the competent and legally authorized authorities and institutions to the places where persons are deprived of liberty, if necessary with prior authorization from a judicial authority;

( f ) Guarantee that any person deprived of liberty or, in the case of a suspected enforced disappearance, since the person deprived of liberty is not able to exercise this right, any persons with a legitimate interest, such as relatives of the person deprived of liberty, their representatives or their counsel, shall, in all circumstances, be entitled to take proceedings before a court, in order that the court may decide without delay on the lawfulness of the deprivation of liberty and order the person’s release if such deprivation of liberty is not lawful.

3. Each State Party shall assure the compilation and maintenance of one or more up-to-date official registers and/or records of persons deprived of liberty, which shall be made promptly available, upon request, to any judicial or other competent authority or institution authorized for that purpose by the law of the State Party concerned or any relevant international legal instrument to which the State concerned is a party. The information contained therein shall include, as a minimum:

( a ) The identity of the person deprived of liberty;

( b ) The date, time and place where the person was deprived of liberty and the identity of the authority that deprived the person of liberty;

( c ) The authority that ordered the deprivation of liberty and the grounds for the deprivation of liberty;

( d ) The authority responsible for supervising the deprivation of liberty;

( e ) The place of deprivation of liberty, the date and time of admission to the place of deprivation of liberty and the authority responsible for the place of deprivation of liberty;

( f ) Elements relating to the state of health of the person deprived of liberty;

( g ) In the event of death during the deprivation of liberty, the circumstances and cause of death and the destination of the remains;

( h ) The date and time of release or transfer to another place of detention, the destination and the authority responsible for the transfer.

Article 18

1. Subject to articles 19 and 20, each State Party shall guarantee to any person with a legitimate interest in this information, such as relatives of the person deprived of liberty, their representatives or their counsel, access to at least the following information:

( a ) The authority that ordered the deprivation of liberty;

( b ) The date, time and place where the person was deprived of liberty and admitted to the place of deprivation of liberty;

( c ) The authority responsible for supervising the deprivation of liberty;

( d ) The whereabouts of the person deprived of liberty, including, in the event of a transfer to another place of deprivation of liberty, the destination and the authority responsible for the transfer;

( e ) The date, time and place of release;

( f ) Elements relating to the state of health of the person deprived of liberty;

( g ) In the event of death during the deprivation of liberty, the circumstances and cause of death and the destination of the remains.

2. Appropriate measures shall be taken, where necessary, to protect the persons referred to in paragraph 1 of this article, as well as persons participating in the investigation, from any ill-treatment, intimidation or sanction as a result of the search for information concerning a person deprived of liberty.

Article 19

1. Personal information, including medical and genetic data, which is collected and/or transmitted within the framework of the search for a disappeared person shall not be used or made available for purposes other than the search for the disappeared person. This is without prejudice to the use of such information in criminal proceedings relating to an offence of enforced disappearance or the exercise of the right to obtain reparation.

2. The collection, processing, use and storage of personal information, including medical and genetic data, shall not infringe or have the effect of infringing the human rights, fundamental freedoms or human dignity of an individual.

Article 20

1. Only where a person is under the protection of the law and the deprivation of liberty is subject to judicial control may the right to information referred to in article 18 be restricted, on an exceptional basis, where strictly necessary and where provided for by law, and if the transmission of the information would adversely affect the privacy or safety of the person, hinder a criminal investigation, or for other equivalent reasons in accordance with the law, and in conformity with applicable international law and with the objectives of this Convention. In no case shall there be restrictions on the right to information referred to in article 18 that could constitute conduct defined in article 2 or be in violation of article 17, paragraph 1.

2. Without prejudice to consideration of the lawfulness of the deprivation of a person’s liberty, States Parties shall guarantee to the persons referred to in article 18, paragraph 1, the right to a prompt and effective judicial remedy as a means of obtaining without delay the information referred to in article 18, paragraph 1. This right to a remedy may not be suspended or restricted in any circumstances.

Article 21

Each State Party shall take the necessary measures to ensure that persons deprived of liberty are released in a manner permitting reliable verification that they have actually been released. Each State Party shall also take the necessary measures to assure the physical integrity of such persons and their ability to exercise fully their rights at the time of release, without prejudice to any obligations to which such persons may be subject under national law.

Article 22

Without prejudice to article 6, each State Party shall take the necessary measures to prevent and impose sanctions for the following conduct:

( a ) Delaying or obstructing the remedies referred to in article 17, paragraph 2 ( f ), and article 20, paragraph 2;

( b ) Failure to record the deprivation of liberty of any person, or the recording of any information which the official responsible for the official register knew or should have known to be inaccurate;

( c ) Refusal to provide information on the deprivation of liberty of a person, or the provision of inaccurate information, even though the legal requirements for providing such information have been met.

Article 23

1. Each State Party shall ensure that the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody or treatment of any person deprived of liberty includes the necessary education and information regarding the relevant provisions of this Convention, in order to:

( a ) Prevent the involvement of such officials in enforced disappearances;

( b ) Emphasize the importance of prevention and investigations in relation to enforced disappearances;

( c ) Ensure that the urgent need to resolve cases of enforced disappearance is recognized.

2. Each State Party shall ensure that orders or instructions prescribing, authorizing or encouraging enforced disappearance are prohibited. Each State Party shall guarantee that a person who refuses to obey such an order will not be punished.

3. Each State Party shall take the necessary measures to ensure that the persons referred to in paragraph 1 of this article who have reason to believe that an enforced disappearance has occurred or is planned report the matter to their superiors and, where necessary, to the appropriate authorities or bodies vested with powers of review or remedy.

Article 24

1. For the purposes of this Convention, “victim” means the disappeared person and any individual who has suffered harm as the direct result of an enforced disappearance.

2. Each victim has the right to know the truth regarding the circumstances of the enforced disappearance, the progress and results of the investigation and the fate of the disappeared person. Each State Party shall take appropriate measures in this regard.

3. Each State Party shall take all appropriate measures to search for, locate and release disappeared persons and, in the event of death, to locate, respect and return their remains.

4. Each State Party shall ensure in its legal system that the victims of enforced disappearance have the right to obtain reparation and prompt, fair and adequate compensation.

5. The right to obtain reparation referred to in paragraph 4 of this article covers material and moral damages and, where appropriate, other forms of reparation such as:

( a ) Restitution;

( b ) Rehabilitation;

( c ) Satisfaction, including restoration of dignity and reputation;

( d ) Guarantees of non-repetition.

6. Without prejudice to the obligation to continue the investigation until the fate of the disappeared person has been clarified, each State Party shall take the appropriate steps with regard to the legal situation of disappeared persons whose fate has not been clarified and that of their relatives, in fields such as social welfare, financial matters, family law and property rights.

7. Each State Party shall guarantee the right to form and participate freely in organizations and associations concerned with attempting to establish the circumstances of enforced disappearances and the fate of disappeared persons, and to assist victims of enforced disappearance.

Article 25

1. Each State Party shall take the necessary measures to prevent and punish under its criminal law:

( a ) The wrongful removal of children who are subjected to enforced disappearance, children whose father, mother or legal guardian is subjected to enforced disappearance or children born during the captivity of a mother subjected to enforced disappearance;

( b ) The falsification, concealment or destruction of documents attesting to the true identity of the children referred to in subparagraph ( a ) above.

2. Each State Party shall take the necessary measures to search for and identify the children referred to in paragraph 1 ( a ) of this article and to return them to their families of origin, in accordance with legal procedures and applicable international agreements.

3. States Parties shall assist one another in searching for, identifying and locating the children referred to in paragraph 1 ( a ) of this article.

4. Given the need to protect the best interests of the children referred to in paragraph 1 ( a ) of this article and their right to preserve, or to have re-established, their identity, including their nationality, name and family relations as recognized by law, States Parties which recognize a system of adoption or other form of placement of children shall have legal procedures in place to review the adoption or placement procedure, and, where appropriate, to annul any adoption or placement of children that originated in an enforced disappearance.

5. In all cases, and in particular in all matters relating to this article, the best interests of the child shall be a primary consideration, and a child who is capable of forming his or her own views shall have the right to express those views freely, the views of the child being given due weight in accordance with the age and maturity of the child.

Part II

Article 26

1. A Committee on Enforced Disappearances (hereinafter referred to as “the Committee”) shall be established to carry out the functions provided for under this Convention. The Committee shall consist of ten experts of high moral character and recognized competence in the field of human rights, who shall serve in their personal capacity and be independent and impartial. The members of the Committee shall be elected by the States Parties according to equitable geographical distribution. Due account shall be taken of the usefulness of the participation in the work of the Committee of persons having relevant legal experience and of balanced gender representation.

2. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties from among their nationals, at biennial meetings of the States Parties convened by the Secretary-General of the United Nations for this purpose. At those meetings, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

3. The initial election shall be held no later than six months after the date of entry into force of this Convention. Four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit nominations within three months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the State Party which nominated each candidate, and shall submit this list to all States Parties.

4. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election once. However, the term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the chairman of the meeting referred to in paragraph 2 of this article.

5. If a member of the Committee dies or resigns or for any other reason can no longer perform his or her Committee duties, the State Party which nominated him or her shall, in accordance with the criteria set out in paragraph 1 of this article, appoint another candidate from among its nationals to serve out his or her term, subject to the approval of the majority of the States Parties. Such approval shall be considered to have been obtained unless half or more of the States Parties respond negatively within six weeks of having been informed by the Secretary-General of the United Nations of the proposed appointment.

6. The Committee shall establish its own rules of procedure.

7. The Secretary-General of the United Nations shall provide the Committee with the necessary means, staff and facilities for the effective performance of its functions. The Secretary-General of the United Nations shall convene the initial meeting of the Committee.

8. The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations, as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

9. Each State Party shall cooperate with the Committee and assist its members in the fulfilment of their mandate, to the extent of the Committee’s functions that the State Party has accepted.

Article 27

A Conference of the States Parties will take place at the earliest four years and at the latest six years following the entry into force of this Convention to evaluate the functioning of the Committee and to decide, in accordance with the procedure described in article 44, paragraph 2, whether it is appropriate to transfer to another body – without excluding any possibility – the monitoring of this Convention, in accordance with the functions defined in articles 28 to 36.

Article 28

1. In the framework of the competencies granted by this Convention, the Committee shall cooperate with all relevant organs, offices and specialized agencies and funds of the United Nations, with the treaty bodies instituted by international instruments, with the special procedures of the United Nations and with the relevant regional intergovernmental organizations or bodies, as well as with all relevant State institutions, agencies or offices working towards the protection of all persons against enforced disappearances.

2. As it discharges its mandate, the Committee shall consult other treaty bodies instituted by relevant international human rights instruments, in particular the Human Rights Committee instituted by the International Covenant on Civil and Political Rights, with a view to ensuring the consistency of their respective observations and recommendations.

Article 29

1. Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a report on the measures taken to give effect to its obligations under this Convention, within two years after the entry into force of this Convention for the State Party concerned.

2. The Secretary-General of the United Nations shall make this report available to all States Parties.

3. Each report shall be considered by the Committee, which shall issue such comments, observations or recommendations as it may deem appropriate. The comments, observations or recommendations shall be communicated to the State Party concerned, which may respond to them, on its own initiative or at the request of the Committee.

4. The Committee may also request States Parties to provide additional information on the implementation of this Convention.

Article 30

1. A request that a disappeared person should be sought and found may be submitted to the Committee, as a matter of urgency, by relatives of the disappeared person or their legal representatives, their counsel or any person authorized by them, as well as by any other person having a legitimate interest.

2. If the Committee considers that a request for urgent action submitted in pursuance of paragraph 1 of this article:

( a ) Is not manifestly unfounded;

( b ) Does not constitute an abuse of the right of submission of such requests;

( c ) Has already been duly presented to the competent bodies of the State Party concerned, such as those authorized to undertake investigations, where such a possibility exists;

( d ) Is not incompatible with the provisions of this Convention; and

( e ) The same matter is not being examined under another procedure of international investigation or settlement of the same nature;

it shall request the State Party concerned to provide it with information on the situation of the persons sought, within a time limit set by the Committee.

3. In the light of the information provided by the State Party concerned in accordance with paragraph 2 of this article, the Committee may transmit recommendations to the State Party, including a request that the State Party should take all the necessary measures, including interim measures, to locate and protect the person concerned in accordance with this Convention and to inform the Committee, within a specified period of time, of measures taken, taking into account the urgency of the situation. The Committee shall inform the person submitting the urgent action request of its recommendations and of the information provided to it by the State as it becomes available.

4. The Committee shall continue its efforts to work with the State Party concerned for as long as the fate of the person sought remains unresolved. The person presenting the request shall be kept informed.

Article 31

1. A State Party may at the time of ratification of this Convention or at any time afterwards declare that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of a violation by this State Party of provisions of this Convention. The Committee shall not admit any communication concerning a State Party which has not made such a declaration.

2. The Committee shall consider a communication inadmissible where:

( a ) The communication is anonymous;

( b ) The communication constitutes an abuse of the right of submission of such communications or is incompatible with the provisions of this Convention;

( c ) The same matter is being examined under another procedure of international investigation or settlement of the same nature; or where

( d ) All effective available domestic remedies have not been exhausted. This rule shall not apply where the application of the remedies is unreasonably prolonged.

3. If the Committee considers that the communication meets the requirements set out in paragraph 2 of this article, it shall transmit the communication to the State Party concerned, requesting it to provide observations and comments within a time limit set by the Committee.

4. At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party will take such interim measures as may be necessary to avoid possible irreparable damage to the victims of the alleged violation. Where the Committee exercises its discretion, this does not imply a determination on admissibility or on the merits of the communication.

5. The Committee shall hold closed meetings when examining communications under the present article. It shall inform the author of a communication of the responses provided by the State Party concerned. When the Committee decides to finalize the procedure, it shall communicate its views to the State Party and to the author of the communication.

Article 32

A State Party to this Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under this Convention. The Committee shall not receive communications concerning a State Party which has not made such a declaration, nor communications from a State Party which has not made such a declaration.

Article 33

1. If the Committee receives reliable information indicating that a State Party is seriously violating the provisions of this Convention, it may, after consultation with the State Party concerned, request one or more of its members to undertake a visit and report back to it without delay.

2. The Committee shall notify the State Party concerned, in writing, of its intention to organize a visit, indicating the composition of the delegation and the purpose of the visit. The State Party shall answer the Committee within a reasonable time.

3. Upon a substantiated request by the State Party, the Committee may decide to postpone or cancel its visit.

4. If the State Party agrees to the visit, the Committee and the State Party concerned shall work together to define the modalities of the visit and the State Party shall provide the Committee with all the facilities needed for the successful completion of the visit.

5. Following its visit, the Committee shall communicate to the State Party concerned its observations and recommendations.

Article 34

If the Committee receives information which appears to it to contain well-founded indications that enforced disappearance is being practised on a widespread or systematic basis in the territory under the jurisdiction of a State Party, it may, after seeking from the State Party concerned all relevant information on the situation, urgently bring the matter to the attention of the General Assembly of the United Nations, through the Secretary-General of the United Nations.

Article 35

1. The Committee shall have competence solely in respect of enforced disappearances which commenced after the entry into force of this Convention.

2. If a State becomes a party to this Convention after its entry into force, the obligations of that State vis-à-vis the Committee shall relate only to enforced disappearances which commenced after the entry into force of this Convention for the State concerned.

Article 36

1. The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.

2. Before an observation on a State Party is published in the annual report, the State Party concerned shall be informed in advance and shall be given reasonable time to answer. This State Party may request the publication of its comments or observations in the report.

Part III

Article 37

Nothing in this Convention shall affect any provisions which are more conducive to the protection of all persons from enforced disappearance and which may be contained in:

( a ) The law of a State Party;

( b ) International law in force for that State.

Article 38

1. This Convention is open for signature by all Member States of the United Nations.

2. This Convention is subject to ratification by all Member States of the United Nations. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. This Convention is open to accession by all Member States of the United Nations. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General.

Article 39

1. This Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.

2. For each State ratifying or acceding to this Convention after the deposit of the twentieth instrument of ratification or accession, this Convention shall enter into force on the thirtieth day after the date of the deposit of that State’s instrument of ratification or accession.

Article 40

The Secretary-General of the United Nations shall notify all States Members of the United Nations and all States which have signed or acceded to this Convention of the following:

( a ) Signatures, ratifications and accessions under article 38;

( b ) The date of entry into force of this Convention under article 39.

Article 41

The provisions of this Convention shall apply to all parts of federal States without any limitations or exceptions.

Article 42

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation or by the procedures expressly provided for in this Convention shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2. A State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party having made such a declaration.

3. Any State Party having made a declaration in accordance with the provisions of paragraph 2 of this article may at any time withdraw this declaration by notification to the Secretary-General of the United Nations.

Article 43

This Convention is without prejudice to the provisions of international humanitarian law, including the obligations of the High Contracting Parties to the four Geneva Conventions of 12 August 1949 and the two Additional Protocols thereto of 8 June 1977, or to the opportunity available to any State Party to authorize the International Committee of the Red Cross to visit places of detention in situations not covered by international humanitarian law.

Article 44

1. Any State Party to this Convention may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to the States Parties to this Convention with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposal. In the event that within four months from the date of such communication at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations.

2. Any amendment adopted by a majority of two thirds of the States Parties present and voting at the conference shall be submitted by the Secretary-General of the United Nations to all the States Parties for acceptance.

3. An amendment adopted in accordance with paragraph 2 of this article shall enter into force when two thirds of the States Parties to this Convention have accepted it in accordance with their respective constitutional processes.

4. When amendments enter into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of this Convention and any earlier amendment which they have accepted.

Article 45

1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States referred to in article 38.

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Optional Protocol to the Convention on the Rights of Persons with Disabilities

The States Parties to the present Protocol have agreed as follows :

Article 1

1. A State Party to the present Protocol (“State Party”) recognizes the competence of the Committee on the Rights of Persons with Disabilities (“the Committee”) to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the Convention.

2. No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.

Article 2

The Committee shall consider a communication inadmissible when:

(a) The communication is anonymous;

(b) The communication constitutes an abuse of the right of submission of such communications or is incompatible with the provisions of the Convention;

(c) The same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement;

(d) All available domestic remedies have not been exhausted. This shall not be the rule where the application of the remedies is unreasonably prolonged or unlikely to bring effective relief;

(e) It is manifestly ill-founded or not sufficiently substantiated; or when

(f) The facts that are the subject of the communication occurred prior to the entry into force of the present Protocol for the State Party concerned unless those facts continued after that date.

Article 3

Subject to the provisions of article 2 of the present Protocol, the Committee shall bring any communications submitted to it confidentially to the attention of the State Party. Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.

Article 4

1. At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary to avoid possible irreparable damage to the victim or victims of the alleged violation.

2. Where the Committee exercises its discretion under paragraph 1 of this article, this does not imply a determination on admissibility or on the merits of the communication.

Article 5

The Committee shall hold closed meetings when examining communications under the present Protocol. After examining a communication, the Committee shall forward its suggestions and recommendations, if any, to the State Party concerned and to the petitioner.

Article 6

1. If the Committee receives reliable information indicating grave or systematic violations by a State Party of rights set forth in the Convention, the Committee shall invite that State Party to cooperate in the examination of the information and to this end submit observations with regard to the information concerned.

2. Taking into account any observations that may have been submitted by the State Party concerned as well as any other reliable information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently to the Committee. Where warranted and with the consent of the State Party, the inquiry may include a visit to its territory.

3. After examining the findings of such an inquiry, the Committee shall transmit these findings to the State Party concerned together with any comments and recommendations.

4. The State Party concerned shall, within six months of receiving the findings, comments and recommendations transmitted by the Committee, submit its observations to the Committee.

5. Such an inquiry shall be conducted confidentially and the cooperation of the State Party shall be sought at all stages of the proceedings.

Article 7

1. The Committee may invite the State Party concerned to include in its report under article 35 of the Convention details of any measures taken in response to an inquiry conducted under article 6 of the present Protocol.

2. The Committee may, if necessary, after the end of the period of six months referred to in article 6.4, invite the State Party concerned to inform it of the measures taken in response to such an inquiry.

Article 8

Each State Party may, at the time of signature or ratification of the present Protocol or accession thereto, declare that it does not recognize the competence of the Committee provided for in articles 6 and 7.

Article 9

The Secretary-General of the United Nations shall be the depositary of the present Protocol.

Article 10

The present Protocol shall be open for signature by signatory States and regional integration organizations of the Convention at United Nations Headquarters in New York as of 30 March 2007.

Article 11

The present Protocol shall be subject to ratification by signatory States of this Protocol which have ratified or acceded to the Convention. It shall be subject to formal confirmation by signatory regional integration organizations of this Protocol which have formally confirmed or acceded to the Convention. It shall be open for accession by any State or regional integration organization which has ratified, formally confirmed or acceded to the Convention and which has not signed the Protocol.

Article 12

1. “Regional integration organization” shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by the Convention and this Protocol. Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to matters governed by the Convention and this Protocol. Subsequently, they shall inform the depositary of any substantial modification in the extent of their competence.

2. References to “States Parties” in the present Protocol shall apply to such organizations within the limits of their competence.

3. For the purposes of article 13, paragraph 1, and article 15, paragraph 2, any instrument deposited by a regional integration organization shall not be counted.

4. Regional integration organizations, in matters within their competence, may exercise their right to vote in the meeting of States Parties, with a number of votes equal to the number of their member States that are Parties to this Protocol. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

Article 13

1. Subject to the entry into force of the Convention, the present Protocol shall enter into force on the thirtieth day after the deposit of the tenth instrument of ratification or accession.

2. For each State or regional integration organization ratifying, formally confirming or acceding to the Protocol after the deposit of the tenth such instrument, the Protocol shall enter into force on the thirtieth day after the deposit of its own such instrument.

Article 14

1. Reservations incompatible with the object and purpose of the present Protocol shall not be permitted.

2. Reservations may be withdrawn at any time.

Article 15

1. Any State Party may propose an amendment to the present Protocol and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate any proposed amendments to States Parties, with a request to be notified whether they favour a meeting of States Parties for the purpose of considering and deciding upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a meeting, the Secretary-General shall convene the meeting under the auspices of the United Nations. Any amendment adopted by a majority of two thirds of the States Parties present and voting shall be submitted by the Secretary-General to the General Assembly for approval and thereafter to all States Parties for acceptance.

2. An amendment adopted and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day following the deposit of its own instrument of acceptance. An amendment shall be binding only on those States Parties which have accepted it.

Article 16

A State Party may denounce the present Protocol by written notification to the Secretary-General of the United Nations. The denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.

Article 17

The text of the present Protocol shall be made available in accessible formats.

Article 18

The Arabic, Chinese, English, French, Russian and Spanish texts of the present Protocol shall be equally authentic.

In witness thereof the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Protocol.

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Convention on the Rights of Persons with Disabilities

Preamble

The States Parties to the present Convention,

(a) Recalling the principles proclaimed in the Charter of the United Nations which recognize the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world,

(b) Recognizing that the United Nations, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, has proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind,

(c) Reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms and the need for persons with disabilities to be guaranteed their full enjoyment without discrimination,

(d) Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,

(e) Recognizing that disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others,

(f) Recognizing the importance of the principles and policy guidelines contained in the World Programme of Action concerning Disabled Persons and in the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in influencing the promotion, formulation and evaluation of the policies, plans, programmes and actions at the national, regional and international levels to further equalize opportunities for persons with disabilities,

(g) Emphasizing the importance of mainstreaming disability issues as an integral part of relevant strategies of sustainable development,

(h) Recognizing also that discrimination against any person on the basis of disability is a violation of the inherent dignity and worth of the human person,

(i) Recognizing further the diversity of persons with disabilities,

(j) Recognizing the need to promote and protect the human rights of all persons with disabilities, including those who require more intensive support,

(k) Concerned that, despite these various instruments and undertakings, persons with disabilities continue to face barriers in their participation as equal members of society and violations of their human rights in all parts of the world,

(l) Recognizing the importance of international cooperation for improving the living conditions of persons with disabilities in every country, particularly in developing countries,

(m) Recognizing the valued existing and potential contributions made by persons with disabilities to the overall well-being and diversity of their communities, and that the promotion of the full enjoyment by persons with disabilities of their human rights and fundamental freedoms and of full participation by persons with disabilities will result in their enhanced sense of belonging and in significant advances in the human, social and economic development of society and the eradication of poverty,

(n) Recognizing the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices,

(o) Considering that persons with disabilities should have the opportunity to be actively involved in decision-making processes about policies and programmes, including those directly concerning them,

(p) Concerned about the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status,

(q) Recognizing that women and girls with disabilities are often at greater risk, both within and outside the of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation,

(r) Recognizing that children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal basis with other children, and recalling obligations to that end undertaken by States Parties to the Convention on the Rights of the Child,

(s) Emphasizing the need to incorporate a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities,

(t) Highlighting the fact that the majority of persons with disabilities live in conditions of poverty, and in this regard recognizing the critical need to address the negative impact of poverty on persons with disabilities,

(u) Bearing in mind that conditions of peace and security based on full respect for the purposes and principles contained in the Charter of the United Nations and observance of applicable human rights instruments are indispensable for the full protection of persons with disabilities, in particular during armed conflicts and foreign occupation,

(v) Recognizing the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms,

(w) Realizing that the individual, having duties to other individuals and to the community to which he or she belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the International Bill of Human Rights,

(x) Convinced that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, and that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities,

(y) Convinced that a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities will make a significant contribution to redressing the profound social disadvantage of persons with disabilities and promote their participation in the civil, political, economic, social and cultural spheres with equal opportunities, in both developing and developed countries,

Have agreed as follows :

Article 1Purpose

The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

Article 2Definitions

For the purposes of the present Convention:

“Communication” includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology;

“Language” includes spoken and signed languages and other forms of non-spoken languages;

“Discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation;

“Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;

“Universal design” means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. “Universal design” shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.

Article 3General principles

The principles of the present Convention shall be:

(a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;

(b) Non-discrimination;

(d) Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;

(e) Equality of opportunity;

(f) Accessibility;

(g) Equality between men and women;

(h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

Article 4General obligations

1. States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. To this end, States Parties undertake:

(a) To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention;

(b) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities;

(c) To take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes;

(d) To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;

(e) To take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;

(f) To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines;

(g) To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost;

(h) To provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;

(i) To promote the training of professionals and staff working with persons with disabilities in the rights recognized in this Convention so as to better provide the assistance and services guaranteed by those rights.

2. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law.

3. In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.

4. Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of persons with disabilities and which may be contained in the law of a State Party or international law in force for that State. There shall be no restriction upon or derogation from any of the human rights and fundamental freedoms recognized or existing in any State Party to the present Convention pursuant to law, conventions, regulation or custom on the pretext that the present Convention does not recognize such rights or freedoms or that it recognizes them to a lesser extent.

5. The provisions of the present Convention shall extend to all parts of federal states without any limitations or exceptions.

Article 5Equality and non-discrimination

1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.

2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.

3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.

4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.

Article 6Women with disabilities

1. States Parties recognize that women and girls with disabilities are subject to multiple discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms.

2. States Parties shall take all appropriate measures to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present Convention.

Article 7Children with disabilities

1. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.

2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.

3. States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right.

Article 8Awareness-raising

1. States Parties undertake to adopt immediate, effective and appropriate measures:

(a) To raise awareness throughout society, including at the family level, regarding persons with disabilities, and to foster respect for the rights and dignity of persons with disabilities;

(b) To combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life;

2. Measures to this end include:

(a) Initiating and maintaining effective public awareness campaigns designed:

(i) To nurture receptiveness to the rights of persons with disabilities;

(ii) To promote positive perceptions and greater social awareness towards persons with disabilities;

(iii) To promote recognition of the skills, merits and abilities of persons with disabilities, and of their contributions to the workplace and the labour market;

(b) Fostering at all levels of the education system, including in all children from an early age, an attitude of respect for the rights of persons with disabilities;

(c) Encouraging all organs of the media to portray persons with disabilities in a manner consistent with the purpose of the present Convention;

(d) Promoting awareness-training programmes regarding persons with disabilities and the rights of persons with disabilities.

Article 9Accessibility

1. To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:

(a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces;

(b) Information, communications and other services, including electronic services and emergency services.

2. States Parties shall also take appropriate measures to:

(a) Develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public;

(b) Ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities;

(d) Provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms;

(e) Provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public;

(f) Promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information;

(g) Promote access for persons with disabilities to new information and communications technologies and systems, including the Internet;

(h) Promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost.

Article 10Right to life

States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.

Article 11Situations of risk and humanitarian emergencies

States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.

Article 12Equal recognition before the law

1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.

2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.

3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.

4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person’s rights and interests.

5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.

Article 13Access to justice

1. States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.

2. In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff.

Article 14Liberty and security of the person

1. States Parties shall ensure that persons with disabilities, on an equal basis with others:

(a) Enjoy the right to liberty and security of person;

(b) Are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a disability shall in no case justify a deprivation of liberty.

2. States Parties shall ensure that if persons with disabilities are deprived of their liberty through any process, they are, on an equal basis with others, entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention, including by provision of reasonable accommodation.

Article 15Freedom from torture or cruel, inhuman or degrading treatment or punishment

1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation.

2. States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.

Article 16Freedom from exploitation, violence and abuse

1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the , from all forms of exploitation, violence and abuse, including their gender-based aspects.

2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms ofgender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protection services are age-, gender- and disability-sensitive.

3. In order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities.

4. States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare,self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs.

5. States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted.

Article 17Protecting the integrity of the person

Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others.

Article 18Liberty of movement and nationality

1. States Parties shall recognize the rights of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities:

(a) Have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability;

(b) Are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement;

(d) Are not deprived, arbitrarily or on the basis of disability, of the right to enter their own country.

2. Children with disabilities shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by their parents.

Article 19Living independently and being included in the community

States Parties to this Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that:

(a) Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;

(b) Persons with disabilities have access to a range of in-, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;

(c) Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.

Article 20Personal mobility

States Parties shall take effective measures to ensure personal mobility with the greatest possible independence for persons with disabilities, including by:

(a) Facilitating the personal mobility of persons with disabilities in the manner and at the time of their choice, and at affordable cost;

(b) Facilitating access by persons with disabilities to quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries, including by making them available at affordable cost;

(c) Providing training in mobility skills to persons with disabilities and to specialist staff working with persons with disabilities;

(d) Encouraging entities that produce mobility aids, devices and assistive technologies to take into account all aspects of mobility for persons with disabilities.

Article 21Freedom of expression and opinion, and access to information

States Parties shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice, as defined in article 2 of the present Convention, including by:

(a) Providing information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost;

(b) Accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions;

(c) Urging private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities;

(d) Encouraging the mass media, including providers of information through the Internet, to make their services accessible to persons with disabilities;

(e) Recognizing and promoting the use of sign languages.

Article 22Respect for privacy

1. No person with disabilities, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation. Persons with disabilities have the right to the protection of the law against such interference or attacks.

2. States Parties shall protect the privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others.

Article 23Respect for and the family

1. States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships, on an equal basis with others, so as to ensure that:

(a) The right of all persons with disabilities who are of marriageable age to marry and to found a family on the basis of free and full consent of the intending spouses is recognized;

(b) The rights of persons with disabilities to decide freely and responsibly on the number and spacing of their children and to have access to age-appropriate information, reproductive and family planning education are recognized, and the means necessary to enable them to exercise these rights are provided;

2. States Parties shall ensure the rights and responsibilities of persons with disabilities, with regard to guardianship, wardship, trusteeship, adoption of children or similar institutions, where these concepts exist in national legislation; in all cases the best interests of the child shall be paramount. States Parties shall render appropriate assistance to persons with disabilities in the performance of their child-rearing responsibilities.

3. States Parties shall ensure that children with disabilities have equal rights with respect to family life. With a view to realizing these rights, and to prevent concealment, abandonment, neglect and segregation of children with disabilities, States Parties shall undertake to provide early and comprehensive information, services and support to children with disabilities and their families.

4. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. In no case shall a child be separated from parents on the basis of a disability of either the child or one or both of the parents.

5. States Parties shall, where the immediate family is unable to care for a child with disabilities, undertake every effort to provide alternative care within the wider family, and failing that, within the community in a family setting.

Article 24Education

1. States Parties recognize the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and life long learning directed to:

(a) The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;

(b) The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential;

2. In realizing this right, States Parties shall ensure that:

(a) Persons with disabilities are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability;

(b) Persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live;

(d) Persons with disabilities receive the support required, within the general education system, to facilitate their effective education;

(e) Effective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion.

3. States Parties shall enable persons with disabilities to learn life and social development skills to facilitate their full and equal participation in education and as members of the community. To this end, States Parties shall take appropriate measures, including:

(a) Facilitating the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring;

(b) Facilitating the learning of sign language and the promotion of the linguistic identity of the deaf community;

(c) Ensuring that the education of persons, and in particular children, who are blind, deaf or deafblind, is delivered in the most appropriate languages and modes and means of communication for the individual, and in environments which maximize academic and social development.

4. In order to help ensure the realization of this right, States Parties shall take appropriate measures to employ teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train professionals and staff who work at all levels of education. Such training shall incorporate disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities.

5. States Parties shall ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. To this end, States Parties shall ensure that reasonable accommodation is provided to persons with disabilities.

Article 25Health

States Parties recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation. In particular, States Parties shall:

(a) Provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population-based public health programmes;

(b) Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons;

(d) Require health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care;

(e) Prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance where such insurance is permitted by national law, which shall be provided in a fair and reasonable manner;

(f) Prevent discriminatory denial of health care or health services or food and fluids on the basis of disability.

Article 26Habilitation and rehabilitation

1. States Parties shall take effective and appropriate measures, including through peer support, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment, education and social services, in such a way that these services and programmes:

(a) Begin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs and strengths;

(b) Support participation and inclusion in the community and all aspects of society, are voluntary, and are available to persons with disabilities as close as possible to their own communities, including in rural areas.

2. States Parties shall promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services.

3. States Parties shall promote the availability, knowledge and use of assistive devices and technologies, designed for persons with disabilities, as they relate to habilitation and rehabilitation.

Article 27Work and employment

1. States Parties recognize the right of persons with disabilities to work, on an equal basis with others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. States Parties shall safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to, inter alia:

(a) Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions;

(b) Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;

(c) Ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others;

(d) Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training;

(e) Promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment;

(f) Promote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting one’s own business;

(g) Employ persons with disabilities in the public sector;

(h) Promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures;

(i) Ensure that reasonable accommodation is provided to persons with disabilities in the workplace;

(j) Promote the acquisition by persons with disabilities of work experience in the open labour market;

(k) Promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.

2. States Parties shall ensure that persons with disabilities are not held in slavery or in servitude, and are protected, on an equal basis with others, from forced or compulsory labour.

Article 28Adequate standard of living and social protection

1. States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.

2. States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures:

(a) To ensure equal access by persons with disabilities to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disability-related needs;

(b) To ensure access by persons with disabilities, in particular women and girls with disabilities and older persons with disabilities, to social protection programmes and poverty reduction programmes;

(c) To ensure access by persons with disabilities and their families living in situations of poverty to assistance from the State with disability-related expenses, including adequate training, counselling, financial assistance and respite care;

(d) To ensure access by persons with disabilities to public housing programmes;

(e) To ensure equal access by persons with disabilities to retirement benefits and programmes.

Article 29Participation in political and public life

States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake to:

(a) Ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by:

(i) Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;

(ii) Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;

(iii) Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;

(b) Promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:

(i) Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;

(ii) Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.

Article 30Participation in cultural life, recreation, leisure and sport

1. States Parties recognize the right of persons with disabilities to take part on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that persons with disabilities:

(a) Enjoy access to cultural materials in accessible formats;

(b) Enjoy access to television programmes, films, theatre and other cultural activities, in accessible formats;

(c) Enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance.

2. States Parties shall take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society.

3. States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials.

4. Persons with disabilities shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture.

5. With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures:

(a) To encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels;

(b) To ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources;

(d) To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system;

(e) To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities.

Article 31Statistics and data collection

1. States Parties undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention. The process of collecting and maintaining this information shall:

(a) Comply with legally established safeguards, including legislation on data protection, to ensure confidentiality and respect for the privacy of persons with disabilities;

(b) Comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles in the collection and use of statistics.

2. The information collected in accordance with this article shall be disaggregated, as appropriate, and used to help assess the implementation of States Parties’ obligations under the present Convention and to identify and address the barriers faced by persons with disabilities in exercising their rights.

3. States Parties shall assume responsibility for the dissemination of these statistics and ensure their accessibility to persons with disabilities and others.

Article 32International cooperation

1. States Parties recognize the importance of international cooperation and its promotion, in support of national efforts for the realization of the purpose and objectives of the present Convention, and will undertake appropriate and effective measures in this regard, between and among States and, as appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures could include, inter alia:

(a) Ensuring that international cooperation, including international development programmes, is inclusive of and accessible to persons with disabilities;

(b) Facilitating and supporting capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices;

(d) Providing, as appropriate, technical and economic assistance, including by facilitating access to and sharing of accessible and assistive technologies, and through the transfer of technologies.

2. The provisions of this article are without prejudice to the obligations of each State Party to fulfil its obligations under the present Convention.

Article 33National implementation and monitoring

1. States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.

2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.

3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.

Article 34Committee on the Rights of Persons with Disabilities

1. There shall be established a Committee on the Rights of Persons with Disabilities (hereafter referred to as “the Committee”), which shall carry out the functions hereinafter provided.

2. The Committee shall consist, at the time of entry into force of the present Convention, of twelve experts. After an additional sixty ratifications or accessions to the Convention, the membership of the Committee shall increase by six members, attaining a maximum number of eighteen members.

3. The members of the Committee shall serve in their personal capacity and shall be of high moral standing and recognized competence and experience in the field covered by the present Convention. When nominating their candidates, States Parties are invited to give due consideration to the provision set out in article 4.3 of the present Convention.

4. The members of the Committee shall be elected by States Parties, consideration being given to equitable geographical distribution, representation of the different forms of civilization and of the principal legal systems, balanced gender representation and participation of experts with disabilities.

5. The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties from among their nationals at meetings of the Conference of States Parties. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

6. The initial election shall be held no later than six months after the date of entry into force of the present Convention. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit the nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating the State Parties which have nominated them, and shall submit it to the States Parties to the present Convention.

7. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election once. However, the term of six of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these six members shall be chosen by lot by the chairperson of the meeting referred to in paragraph 5 of this article.

8. The election of the six additional members of the Committee shall be held on the occasion of regular elections, in accordance with the relevant provisions of this article.

9. If a member of the Committee dies or resigns or declares that for any other cause she or he can no longer perform her or his duties, the State Party which nominated the member shall appoint another expert possessing the qualifications and meeting the requirements set out in the relevant provisions of this article, to serve for the remainder of the term.

10. The Committee shall establish its own rules of procedure.

11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention, and shall convene its initial meeting.

12. With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide, having regard to the importance of the Committee’s responsibilities.

13. The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 35Reports by States Parties

1. Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on measures taken to give effect to its obligations under the present Convention and on the progress made in that regard, within two years after the entry into force of the present Convention for the State Party concerned.

2. Thereafter, States Parties shall submit subsequent reports at least every four years and further whenever the Committee so requests.

3. The Committee shall decide any guidelines applicable to the content of the reports.

4. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports, repeat information previously provided. When preparing reports to the Committee, States Parties are invited to consider doing so in an open and transparent process and to give due consideration to the provision set out in article 4.3 of the present Convention.

5. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the present Convention.

Article 36Consideration of reports

1. Each report shall be considered by the Committee, which shall make such suggestions and general recommendations on the report as it may consider appropriate and shall forward these to the State Party concerned. The State Party may respond with any information it chooses to the Committee. The Committee may request further information from States Parties relevant to the implementation of the present Convention.

2. If a State Party is significantly overdue in the submission of a report, the Committee may notify the State Party concerned of the need to examine the implementation of the present Convention in that State Party, on the basis of reliable information available to the Committee, if the relevant report is not submitted within three months following the notification. The Committee shall invite the State Party concerned to participate in such examination. Should the State Party respond by submitting the relevant report, the provisions of paragraph 1 of this article will apply.

3. The Secretary-General of the United Nations shall make available the reports to all States Parties.

4. States Parties shall make their reports widely available to the public in their own countries and facilitate access to the suggestions and general recommendations relating to these reports.

5. The Committee shall transmit, as it may consider appropriate, to the specialized agencies, funds and programmes of the United Nations, and other competent bodies, reports from States Parties in order to address a request or indication of a need for technical advice or assistance contained therein, along with the Committee’s observations and recommendations, if any, on these requests or indications.

Article 37Cooperation between States Parties and the Committee

1. Each State Party shall cooperate with the Committee and assist its members in the fulfilment of their mandate.

2. In its relationship with States Parties, the Committee shall give due consideration to ways and means of enhancing national capacities for the implementation of the present Convention, including through international cooperation.

Article 38Relationship of the Committee with other bodies

In order to foster the effective implementation of the present Convention and to encourage international cooperation in the field covered by the present Convention:

(a) The specialized agencies and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite specialized agencies and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities;

(b) The Committee, as it discharges its mandate, shall consult, as appropriate, other relevant bodies instituted by international human rights treaties, with a view to ensuring the consistency of their respective reporting guidelines, suggestions and general recommendations, and avoiding duplication and overlap in the performance of their functions.

Article 39Report of the Committee

The Committee shall report every two years to the General Assembly and to the Economic and Social Council on its activities, and may make suggestions and general recommendations based on the examination of reports and information received from the States Parties. Such suggestions and general recommendations shall be included in the report of the Committee together with comments, if any, from States Parties.

Article 40Conference of States Parties

1. The States Parties shall meet regularly in a Conference of States Parties in order to consider any matter with regard to the implementation of the present Convention.

2. No later than six months after the entry into force of the present Convention, the Conference of the States Parties shall be convened by the Secretary-General of the United Nations. The subsequent meetings shall be convened by the Secretary-General of the United Nations biennially or upon the decision of the Conference of States Parties.

Article 41Depositary

The Secretary-General of the United Nations shall be the depositary of the present Convention.

Article 42Signature

The present Convention shall be open for signature by all States and by regional integration organizations at United Nations Headquarters in New York as of 30 March 2007.

Article 43Consent to be bound

The present Convention shall be subject to ratification by signatory States and to formal confirmation by signatory regional integration organizations. It shall be open for accession by any State or regional integration organization which has not signed the Convention.

Article 44Regional integration organizations

1. “Regional integration organization” shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention. Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to matters governed by this Convention. Subsequently, they shall inform the depositary of any substantial modification in the extent of their competence.

2. References to “States Parties” in the present Convention shall apply to such organizations within the limits of their competence.

3. For the purposes of article 45, paragraph 1, and article 47, paragraphs 2 and 3, any instrument deposited by a regional integration organization shall not be counted.

4. Regional integration organizations, in matters within their competence, may exercise their right to vote in the Conference of States Parties, with a number of votes equal to the number of their member States that are Parties to this Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

Article 45Entry into force

1. The present Convention shall enter into force on the thirtieth day after the deposit of the twentieth instrument of ratification or accession.

2. For each State or regional integration organization ratifying, formally confirming or acceding to the Convention after the deposit of the twentieth such instrument, the Convention shall enter into force on the thirtieth day after the deposit of its own such instrument.

Article 46Reservations

1. Reservations incompatible with the object and purpose of the present Convention shall not be permitted.

2. Reservations may be withdrawn at any time.

Article 47Amendments

1. Any State Party may propose an amendment to the present Convention and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate any proposed amendments to States Parties, with a request to be notified whether they favour a conference of States Parties for the purpose of considering and deciding upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of two thirds of the States Parties present and voting shall be submitted by the Secretary-General to the General Assembly for approval and thereafter to all States Parties for acceptance.

3. If so decided by the Conference of States Parties by consensus, an amendment adopted and approved in accordance with paragraph 1 of this article which relates exclusively to articles 34, 38, 39 and 40 shall enter into force for all States Parties on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment.

Article 48Denunciation

A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. The denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.

Article 49Accessible format

The text of the present Convention shall be made available in accessible formats.

Article 50Authentic texts

The Arabic, Chinese, English, French, Russian and Spanish texts of the present Convention shall be equally authentic.

In witness thereof the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.

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Darfur Peace Agreement (2006)

PREAMBLE

WHEREAS the Government of the Sudan (GoS), the Sudan Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM) (hereinafter referred to as “Parties”), having met in Abuja, Nigeria as part of their longstanding effort to find a lasting solution to the conflict in Darfur;

MINDFUL of the previous Agreements on this subject;

CONDEMNING all acts of violence against civilians and violations of human rights, and stressing full and unconditional acceptance of their obligations under International Humanitarian Law, international human rights law, and relevant UN Security Council Resolutions;

EMPHASIZING their commitment to African Union Decisions and UN Security Council Resolutions concerning the need to reach a political solution in order to bring the conflict in Darfur to an end;

CONVINCED of the urgent need for a comprehensive Agreement that will finally bring peace and security to the people of Darfur;

AFFIRMING the sovereignty, unity, and territorial integrity of the Sudan;

BELIEVING that this Agreement is a sound basis for resolving the conflict;

RESOLVED that the signing of this Agreement shall be a significant step towards a just, peaceful and lasting political solution to the conflict in Darfur;

NOW THEREFORE, THE PARTIES AGREE:

(1) To fully and effectively implement this Agreement that covers Power Sharing; Wealth Sharing; Comprehensive Ceasefire and Final Security Arrangements as well as the Darfur-Darfur Dialogue and Consultation, and Implementation Mechanisms;

(2) That the following documents shall form part of the Agreement (as Annexures), and shall from this point forward be implemented by the Parties in accordance with the relevant provisions in the Chapters of this Agreement:

(a) Agreement on Humanitarian Ceasefire on the Conflict in Darfur, of the 8th day of April 2004 (Annexure 1).

(b) Protocol on the Establishment of Humanitarian Assistance of the 8th day of April 2004, N’djamena, Chad (Annexure 2).

(c) Agreement with Sudanese Parties on the Modalities for the Establishment of the Ceasefire Commission and the Deployment of Observers in Darfur, of the 28th day of May, 2004 (Annexure 3).

(d) Protocol between the Government of the Sudan (GoS), the Sudan

Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM) on the improvement of the humanitarian situation in Darfur, of the 9th day of November 2004 (Annexure 4).

(e) Protocol between the Government of the Sudan (GOS), the Sudan

Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM) on the Enhancement of the Security Situation in Darfur (Annexure 5).

(f) Declaration of Principles for the Resolution of the Sudanese Conflict in Darfur, of the 5th day of July 2005 (Annexure 6).

(3) This Agreement shall be referred to as the “Darfur Peace Agreement” (DPA).

CHAPTER ONE: POWER SHARING

FUNDAMENTAL PRINCIPLES

ARTICLE 1

GENERAL PRINCIPLES FOR POWER SHARING

1. The Republic of the Sudan is an independent, sovereign state; sovereignty is vested in the people and shall be exercised by the State in accordance with the provisions of the National Constitution into which this Agreement shall be incorporated.

2. Citizenship shall be the basis for civil and political rights and obligations.

3. Religions, beliefs, traditions and customs are the source of moral strength and inspiration for the Sudanese people.

4. A peaceful devolution of power through democratic means is a guarantor of stability and unity of the country.

5. Separation of the legislative, executive and judicial powers shall consolidate good governance, accountability, transparency and commitment to the welfare of the people.

6. The rule of law shall prevail and the independence of the judiciary shall be guaranteed.

7. The Parties reiterate their commitment to respect, protect and promote human rights and fundamental freedoms.

8. Power sharing is vital for national unity. The peaceful transfer of power on the basis of free and fair elections shall be the foundation for democratic governance in the Sudan.

9. A federal system of government, with an effective devolution of powers and a clear distribution of responsibilities between the centre and other levels of government, including local administration, is essential to ensure fair and equitable participation by the citizens of the Sudan in general and those of Darfur in particular.

10. Elections at all levels of government in the Sudan shall be based on free and direct voting, observed by neutral/international observers, with a view to ensuring fair participation of all the Sudanese people. Elections shall be held for the Presidency,

and the legislature at all levels of government.

11. The National Civil Service, the National Armed Forces, the Police and Intelligence Services shall reflect at all level a fair and equitable representation of all citizens, including those from Darfur.

12. Without prejudice to the provisions of the CPA relating to the North-South border and any international Agreements in force between the Republic of the Sudan and neighbouring countries, the northern boundaries of Darfur shall return to the positions as of 1 January 1956. A technical ad hoc committee shall be established to carry out demarcation accordingly.

13. The Constitutional Court shall have the competence to decide any disputes between levels or organs of government in respect of their areas of exclusive, concurrent, or residual competence.

14. The cultural and social diversity of the Sudanese people is the foundation of national cohesion and therefore shall be promoted and developed.

15. The Parties recognize that women are under-represented in government institutions and decision-making structures and that there is need for special measures to ensure women’s equal and effective participation in decision-making at all levels.

ARTICLE 2

CRITERIA AND GUIDELINES FOR POWER SHARING

The following constitute the criteria and guidelines for power sharing:

16. To ensure the inclusion of Darfurians at all levels of governance in all institutions of the State, through fair power sharing criteria.

17. Relevant precedents and population size, where appropriate, shall be used in determining the representation of Darfurians at all levels.

18. To ensure that Darfurians participate fully and meaningfully in preparing a level playing field for the elections, which shall have long-term consequences for the whole of Sudan; representation for Darfurians shall be spread across the board in the political sphere. With regard to the civil service, the judiciary, the armed forces, the police, the intelligence services and all other organs of the state, the principle of inclusion shall be respected while taking into account the requirements concerning qualifications and competence.

19. Affirmative action shall be taken in favour of Darfurians in order to enhance

inclusivity in public services. For the long term, special educational, training and public service employment opportunities shall continue to be provided to enable Darfurians to participate fully on an equal basis in contributing to the welfare of the nation.

20. In order to empower all sections of the population of Darfur and bring government closer to them there is a need, immediately upon the conclusion of this Agreement, to integrate Darfurians into the management of the political, economic, cultural and social affairs of Darfur. In this context, it shall be necessary to initiate programmes that shall help remedy the adverse effects of the conflict as well as its larger consequences.

21. The criteria and modalities for the exercise of power or the sharing of power after the elections shall be determined by the result of the elections and in accordance with the provisions of the INC.

22. In implementing this Agreement, the parties shall be guided by the principles of good faith, transparency and accountability.

ARTICLE 3

HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

23. Citizenship shall be the basis for civil and political rights and obligations.

24. The Parties reiterate their commitment to respect and promote human rights and fundamental freedoms as detailed below and in international human rights covenants ratified by the GoS.

25. Every person is entitled to freedom, safety and security. No person shall be subjected to arrest, detention, deprivation or restriction of her/ his liberty, except in accordance with measures prescribed by the law and, in particular, in accordance with measures prescribed by criminal procedure law or judicial orders.

(a) An accused person is presumed to be innocent until proven guilty according to the law.

(b) Every person who is arrested shall be informed, at the time of arrest, of the reasons for the arrest and shall be immediately informed of the charges held against her/him. An accused person has the right to

defend herself/himself in person or through a lawyer of her/his own choice. Legal aid shall be assigned to her/him by the State where she/he is unable to defend herself/himself in serious offences.

(c) An accused person is entitled to a fair trial within a reasonable time as stipulated by the law. The law shall regulate trial in absentia.

(d) In all civil and criminal proceedings, every person shall be entitled to a fair and public hearing by an ordinary competent court of law in accordance with procedures prescribed by the law.

(e) No accused person shall be charged with any act or omission, which did not constitute an offence at the time of its alleged commission.

(f) No person shall be denied the right to resort to justice. The right to litigation shall be guaranteed for all persons.

26. Every human being has a right to life, dignity and the integrity of her/his person. No person shall be arbitrarily deprived of her/his life.

27. All persons are equal before the law and are entitled, without discrimination as to race, colour, gender, language, religious creed, political or other opinion, to the equal protection of the Constitution and the law.

28. (a) Women and men shall enjoy all civil and political rights enshrined in the International Covenant on Civil and

Political Rights, as well as all economic, social and cultural rights in the International Covenant ratified by the GoS.

(b) Family is the basis of society and shall be protected by the law. Men and women shall enjoy the right to marry and found a family, in accordance with their respective family laws.

(d) The State shall provide maternity, child care and medical care for pregnant women, children in need, persons with special needs and the elderly, in line with regional and international instruments ratified by the GoS.

(e) The State shall protect the rights of the child, as provided in the regional and international conventions ratified by the GoS.

(f) The State shall provide access to education without discrimination as to religion, race, ethnicity, gender or disability, as well as access to free primary health care and free and compulsory primary education.

29. No person shall be subjected to torture or undergo cruel, inhumane or degrading treatment or unlawful punishment.

30. Slavery and slave trade in every form is prohibited. No person shall be required to perform forced or compulsory labour except as a penalty upon a conviction by a competent court of law.

(a) The death penalty shall not be imposed except as retribution or punishment for extremely serious offences in accordance with the law.

(b) The death penalty shall not be imposed on a person under the age of eighteen or a person who has attained the age of seventy except in cases of retribution or hudud.

31. Every citizen who has attained the age specified by law shall have the right, without discrimination or restriction, to vote at any election and run for any public office based on universal adult suffrage in secret ballot, as shall be stipulated by law.

32. The privacy of all persons shall be respected and no person shall be subject to coercive or unlawful invasion of her/his privacy, family life, home or correspondence except in accordance with law.

33. Every person shall have the right to acquire or own property as regulated by law. No private property may be expropriated except by law in the public interest and in consideration for prompt and fair compensation. No private property shall be confiscated except by order of a court of law.

34. Every person shall have the right to freedom of movement and full liberty to choose her/his residence except as regulated by law. Every citizen shall have the right to leave the country as shall be regulated by law and shall have the right to return.

35. Every person shall have equal right to work and trade within the regulations prescribed by law.

36. Every person shall have the right to the freedom of religious belief and worship.

37. Every person shall have an unrestricted right to freedom of expression, reception and dissemination of information and publication as determined by law. The State shall guarantee the freedom of press and other media in a competitive environment as shall be regulated by law. All media shall abide by professional ethics, shall refrain from inciting religious, ethnic, racial or cultural hatred and shall not agitate for violence or war.

38. (a) The right to peaceful assembly shall be guaranteed. Every person shall have the right to freedom of association with others, including the right to form or join

political parties, associations and trade or professional unions for the protection of her/his interests.

(b) Formation and registration of political parties, associations and trade unions shall be regulated by law.

(c) Every association shall have the right to register and to function as a political party in accordance with the law and in particular if:

(i) its membership is open to all Sudanese irrespective of religion, ethnic origin, gender or place of birth,

(ii) it has a programme that does not contradict the provisions of the Constitution into which this Agreement shall be incorporated,

(iii) it has disclosed transparent sources of funding.

(d) There shall be an independent and impartial office of the Registrar to supervise the registration and performance of political parties. The legal rights and freedoms of the political parties shall be respected by all authorities. The Constitutional Court shall protect these rights and freedoms.

39. Ethnic and cultural communities shall have the right to practise their beliefs, use their languages and develop their cultures within their customs.

40. The State shall recognize and protect the intellectual property rights of each citizen deriving from her/his scientific, literary or artistic production.

41. There shall be no derogation of the above rights and freedoms except as provided for in the Constitution. The Human Rights Commission provided for in the INC, which shall enjoy full independence, shall monitor the application of the rights and freedoms provided for herein.

42. All existing laws shall be revised in accordance with the provisions of the INC.

43. The GoS shall take the necessary legislative and other measures to protect and to promote the development of natural resources of the country and to combat environmental degradation.

FEDERAL SYSTEM AND ALL LEVELS OF GOVERNANCE AND THEIR COMPETENCIES

ARTICLE 4

THE FEDERAL SYSTEM OF GOVERNMENT

44. The Republic of the Sudan has a federal system of government in which power shall be effectively devolved. Pending a final decision on the status of Darfur, in accordance with this Agreement, responsibilities shall be distributed between the national and other levels of government in accordance with the provisions of the Constitution.

ARTICLE 5

THE NATIONAL LEVEL OF GOVERNMENT

45. The institutions at the national level shall consist of:

(a) The National Executive,

(b) The National Legislature,

(d) such other institutions and commissions as may be specified in the Constitution.

(e) The powers and functions of these institutions and their relationship with each other shall be as set out in the INC.

ARTICLE 6

THE STATE LEVEL OF GOVERNMENT

46. There shall be legislative, executive and judicial organs at the state level, which shall function in accordance with the Constitution and the relevant state constitution.

47. The State shall promote and empower local government. Organization of the local government and elections to its respective institutions shall be conducted in accordance with the relevant state constitution.

Administration of Darfur

48. Immediately following the signing of this Agreement the GoS shall establish a Transitional Darfur Regional Authority (TDRA).

49. The TDRA, in which the SLM/A and the JEM shall be effectively represented, shall serve as the principal instrument for the implementation of this Agreement and for enhancing coordination and cooperation among the three States of Darfur. The TDRA shall be a symbol of reconciliation and unity of the people of Darfur and their effort to build a future based on peace and good neighbourliness.

COMPOSITION AND FINANCING OF THE TRANSITIONAL DARFUR REGIONAL AUTHORITY (TDRA)

50. The TDRA shall consist of the following:

(a) The Senior Assistant to the President

(b) The Governors of the three Darfur states,

(d) Darfur Reconstruction and Development Fund

(e) State Land Commission

(f) Darfur Security Arrangements Implementation Commission,

(g) Darfur Peace and Reconciliation Council,

(h) Darfur Compensation Commission, and

(i) others that may be agreed by the Parties.

51. Meetings shall be presided over by the Senior Assistant to the President, and in her/his absence, the Governors of the three Darfur states shall preside over the meetings in rotation.

52. The TDRA shall establish its own rules of procedure, engage such staff it deems necessary to carry out its work and establish a budget for that purpose. The GoS all provide an adequate budget to finance its activities and may establish a special fund to accommodate international donor funds for its programmes.

COMPETENCIES OF THE TRANSITIONAL DARFUR REGIONAL AUTHORITY (TDRA)

53. The TDRA shall exercise the following functions:

(a) Undertake primary responsibility for coordinating the implementation and follow-up of this Agreement. Such responsibility shall include, in particular, facilitating the return of refugees and internally displaced persons, coordinating the restoration of security, and promoting peace and reconciliation throughout Darfur;

(b) Review and recommend legislative and executive measures that would promote coordination and cooperation among the states of Darfur;

(d) Facilitate coordination of the reconstruction, rehabilitation and sustainable development efforts in Darfur;

(e) Facilitate liaison and interaction between the GoS and Darfur, within the context of national unity and the Constitution and without prejudice to the need for direct relationship between each State and the GoS regarding administrative and financial matters; and

(f) Other functions as may be agreed upon by the TDRA to promote the objectives of this Agreement.

54. The TDRA shall exercise the above functions without prejudice to the constitutional powers and functions of the three states of Darfur. In the event that the Senior Assistant to the President and Chairperson of the TDRA believes that the

action of a state government is undermining the implementation of this Agreement, the matter shall be referred to the Presidency for resolution by consensus.

THE PERMANENT STA TUS OF DARFUR

55. The permanent status of Darfur shall be determined through a referendum held simultaneously in the three states of Darfur.

56. The referendum on the status of Darfur shall be held not later than twelve months after the elections in Darfur, which shall be held simultaneously with the national elections as specified in the INC, and in any case not later than July 2010.

57. In the referendum, the following options for the political administration of Darfur shall be presented:

(a) The creation of a Darfur Region composed of the three states.

(b) Retention of the status quo of three states.

In either instance, the character of Darfur, as defined by cultural and historical traditions and ties, shall be respected.

58. The National Elections Commission (NEC) shall organize and supervise the referendum on the status of Darfur. The National Elections Law shall specify the rules and procedure governing the referendum. The referendum shall be internationally monitored.

59. If a majority of votes cast by all Darfurians in the referendum determines that a Region of Darfur should be formed, the TDRA shall form a Constitutional Commission to determine the competencies of the Regional Government of Darfur. The Commission shall present for adoption its proposed Constitution to the Assemblies of the three states of Darfur sitting in joint session within three months of the referendum. The President of the Republic of the Sudan shall then take steps to implement the Constitution as adopted by the Assemblies and any other steps required to establish the region.

60. In the event of a majority of votes being cast against the proposal to establish a Region, the structure of three states in Darfur shall be retained and the TDRA shall

be dissolved, in which case, the elected governments of the three states of Darfur shall assume any remaining function of the TDRA, in their respective states.

BORDER OF DARFUR

61. Without prejudice to the provisions of the CPA relating to the North-South border and any international agreements in force between the Republic of the Sudan and neighbouring countries, the northern boundaries of Darfur shall return to the positions as at 1 January 1956. A technical ad hoc team shall be established to carry out demarcation accordingly.

ARTICLE 7

LOCAL GOVERNMENT

62. The local level of government is essential to fulfil the commitment to vest sovereignty in the people, bring power to the grassroots and ensure the effective participation of the citizens, promote development as close to the population as possible, and make the management of public affairs more cost effective. Pending elections, six of the local government commissioners and six of the executive directors in Darfur shall be nominees of the Movements.

63. Native administration shall have regard, where appropriate, to the established historical and community traditions, customs and practices. Where these are contrary to the provisions of the National or State Constitution or law, the latter shall prevail.

EFFECTIVE PARTICIPATION IN ALL INSTITUTIONS AT THE FEDERAL LEVEL AND AT ALL OTHER LEVELS OF GOVERNANCE

ARTICLE 8

THE NATIONAL EXECUTIVE

The Presidency

64. In making appointments to determine the composition of the Presidency during the period after elections, appropriate consideration shall be given to ensuring representation for areas of northern Sudan, including Darfur, that have not historically enjoyed such representation.

65. Upon the signing of this Agreement, the President shall appoint a Senior Assistant to the President, who shall also be Chairperson of the TDRA, from a list of nominees provided by the SLM/A and the JEM. The Senior Assistant shall be the fourth ranking member in the Presidency.

66. The Senior Assistant shall have powers that will enable him/her influence national policies. To this end, he/she shall be a member of, inter alia, the National Council of Ministers, the National Security Council and the National Planning Council and shall participate in their deliberations and decision-making. In addition, the Senior Assistant shall:

(a) Chair meetings of the TDRA whenever he/she is in Darfur. In the absence of the Special Assistant, it shall be chaired by one of the Governors in rotation;

(b) Serve as the focal point and Principal Advisor to the President on the implementation of this Agreement;

(d) Coordinate the formulation and implementation of plans, policies and programmes concerning Darfur, including rehabilitation, reconstruction and development of Darfur, as well as facilitate the return of refugees and internally displaced persons.

(e) Having consulted the Parties, proposed to the Presidency

nominees for the Heads of the Darfur Rehabilitation and Resettlement Commission, the Darfur Reconstruction and Development Fund, the Darfur Land Commission, the Darfur Security Arrangements Implementation Commission, the Darfur Peace and Reconciliation Council, the Darfur Compensation Commission, and of such other bodies as may be agreed by the parties. In making such nominations, the Senior Assistant to the President shall consider prominent and well-respected individuals who are capable of commanding the confidence of all parties.

67. In addition to the Senior Assistant, the President shall also appoint from among Darfurians one Advisor to the President.

68. Following the national elections, the elected Governors of the three states of Darfur shall present a joint list of three nominees as candidates for the post of Senior Assistant to the President and Chairperson of the TDRA. The President shall appoint from among the candidates presented.

Darfur’s Representation in the Executive Branch of the GoS

69. Prior to the elections, and with a view to reflecting the need for unity and inclusiveness the GoS shall ensure effective representation for Darfurians, including the SLM/A and JEM, as follows:

(a) The three posts of Cabinet Minister and three posts of State Minister currently held by Darfurians shall continue to be held by Darfurians;

(b) One additional post of Cabinet Minister and two additional posts of State Ministers shall be allocated to nominees of the SLM/A and JEM.

(c) The chairmanship of one of the Parliamentary Committees of the National Assembly shall be allocated to a nominee of the SLM/A and JEM.

(d) Special effort shall be made to ensure that women are represented in these nominations.

70. In making further appointments provided for in the INC, or in this Agreement, the President shall take appropriate steps to ensure the fair representation of Darfurians including an equitable share for women.

ARTICLE 9

THE NATIONAL LEGISLATURE

The National Assembly

71. Prior to the elections, and with a view to reflecting the need for unity and inclusiveness the GoS shall ensure the representation of Darfurians in the National Assembly, including the SLM/A and JEM. In this regard, not less than a total of 12 seats shall be allocated to nominees of the SLM/A and JEM. It is highly recommended that some of the nominees be women.

The Council of States

72. Darfur states representatives in the Council of states shall be eminent persons without direct party political affiliation. The Parties agree on the need for wide consultation among Darfurians on the subject of Darfur states’ representation in the Council of states, and that this shall be the subject of consultation in the Darfur- Darfur Dialogue and Consultation.

ARTICLE 10

THE NATIONAL JUDICIAL ORGANS

73. Darfurians shall be adequately represented in the Constitutional Court, the National Supreme Court and other National Courts, as well as in the National Judicial Service Commission, by competent and qualified lawyers.

ARTICLE 11

THE NATIONAL CIVIL SERVICE (NCS)

74. The Parties agree that the National Civil Service (NCS), notably at the senior and middle levels, shall be representative of the people of the Sudan.

75. The Parties further agree to establish a National Civil Service Commission through which, among other things, the imbalances in the NCS shall be redressed. In order to create a sense of national unity and belonging, Darfurians shall be fairly represented in the National Civil Service Commission.

76. For the long term, following the signing of this Agreement, a Panel of Experts shall be established under the National Civil Service Commission to determine the

level of representation of Darfurians in the NCS across all tiers. Competent and qualified Darfurians nominated by the Movements, shall be appointed to serve on the Panel.

(a) The Panel shall identify any area of imbalances that have undermined the representation of Darfurians in the NCS and make practical and action-oriented recommendations towards addressing such imbalances and discrepancies in the NCS.

(b) To determine the issue of imbalances and recommend appropriate measures to ensure fair representation for Darfurians in the service, the Panel shall be guided in its work by the following:

(i) Population size based on the 1993 Census;

(ii) Affirmative action on recruitment, training and promotion, including measures to promote gender balance;

(iii) Precedents in the CPA.

(c) The Panel shall complete its work and submit its Report not later than one year after the signing of this Agreement, following which the GoS shall take remedial action within a period of three months from the date the Panel submits its report.

77. In the short term, while awaiting the outcome of the determination by the

Panel, the GoS shall ensure that the following tasks are carried out:

(a) Establish and achieve interim targets for Darfurian participation especially at the middle and upper levels of the NCS, including but not limited to Under-Secretaries, Ambassadors, Board Members and Chairpersons of parastatals, so as to address the concerns that Darfurians are under-represented at some levels. These targets, which shall be reviewed after the submission of the Report of the Panel of Experts, shall be based on the same criteria as in paragraph 76(b). Taking into account the need for the Movements to be represented within the NCS, some of these positions shall be reserved exclusively for nominees of the SLM/A and JEM.

(b) Reserve certain posts in the NCS exclusively for qualified women, particularly those from the less developed areas such as Darfur.

(c) Formulate policies and take affirmative action on training and recruitment into the NCS Darfurians who qualify, taking into account the criteria elaborated in paragraph 76(b) above, with the

objective of ensuring equitable representation in the National Service and to redress past imbalances.

(d) Review, after the first three years, the progress made in implementing the formulated policies and setting new goals and targets as may be deemed necessary after taking into account the result of the Census.

78. Special measures shall be taken to ensure the participation of women in the civil service.

ARTICLE 12

ARMED FORCES, LAW ENFORCEMENT AGENCIES AND NATIONAL SECURITY

79. The Sudan Armed Forces (SAF) shall be regular, professional and nonpartisan. Darfurians shall be fairly represented at all levels therein, including in senior command positions, in accordance with Chapter 3 of this Agreement.

80. Qualified former combatants from the Movements shall be integrated into the Sudanese armed forces, law enforcement agencies and security services, in accordance with Chapter 3 of this Agreement.

81. The GoS shall take appropriate measures to rectify any imbalances that may exist in the representation of Darfurians at senior levels of the Sudan Armed Forces in general and in the intake into the Military Academies in particular.

82. The Police, Customs, Immigration and Border Guards, the Prisons and Wildlife Services shall be open to all Sudanese including in particular Darfurians and nominees of the Movements, to reflect the diversity of the Sudanese society.

83. The National Security Service shall be representative of the people of the Sudan. Darfurians shall be fairly represented at all levels therein.

ARTICLE 13

OTHER NATIONAL INSTITUTIONS AND COMMISSIONS

84. Darfurians, including members of the SLM/A and JEM, shall be adequately represented in all institutions and Commissions provided for in the Constitution, the

law and this Agreement, taking into account the requirements of qualification and competence, including in particular the National Constitutional Review Commission, National Elections Commission, Population Census Council and the Technical ad hoc Border Committee to demarcate precisely the 1 January 1956 North/South borderline.

ARTICLE 14

EDUCATIONAL INSTITUTIONS

85. Darfurians shall be fairly represented in the Management and Governing Councils of Public Universities and other educational institutions of higher learning in the National Capital and in Darfur, taking into account the requirements of qualification and competence.

86. The Parties agree on the need to address as a matter of priority the problems associated with the declining quality of education and lack of admission opportunities for Darfurians at the Primary, Intermediate, Secondary and University levels. Affirmative action shall be taken to promote the educational interests of the disadvantaged Darfurians through among others:

(a) Flexibility in application of the eligibility criteria for admission into Universities and other educational institutions of higher learning in the Sudan; and

(b) Exemption from the payment of school fees for new students of Darfurian origin at all levels, for a period of five years.

87. In drawing up and implementing its national plans for investment in educational institutions and provision of grants, scholarships and training, the GoS shall give priority to redressing the imbalances in access to primary, intermediate, secondary and university education in Darfur, with the aim of bringing Darfur to parity in national levels of educational enrolment and achievement at all levels.

88. Subject to compliance with admission requirements, not less than 15% of the annual intake of public universities and other institutions of higher learning in the National Capital, and not less than 50% in the case of such universities and institutions located in Darfur, shall be reserved for students from Darfur for a minimum period of ten years. Nothing herein is intended to limit other programmes

designed to benefit Darfurian students.

ARTICLE 15

THE NATIONAL CAPITAL

89. The National Capital, Khartoum, shall reflect in its Administration the unity and diversity of the Sudan. Prior to the elections, the Movements shall be fairly represented in the Administration of the National Capital. Pending the state Elections, one Ministerial position in the Executive of the Khartoum State Government shall be filled by a nominee of the SLM/A and JEM.

90. Law enforcement agencies of the National Capital shall be representative of the population of the Sudan and shall be adequately trained and made sensitive to the cultural, religious and social diversity of the Sudan.

ARTICLE 16

PRE-ELECTION POWER SHARING WITHIN DARFUR

91. Elections shall be held in accordance with the provisions of the INC. As part of pre-election arrangements, the Parties agree on the following:

Executive

(a) The Governor of one of the three states of Darfur, as well as two Deputy Governors of the other two states of Darfur shall be nominees of the SLM/A and JEM.

(b) Two Ministerial positions and one senior Advisor in each of the three states of Darfur, and, in accordance with the principle established in paragraph 77 (a), at least one person at a senior level in each state ministry, shall be allocated to nominees of the SLM/A and JEM.

Legislature

(c) Prior to the state elections, seats in the legislature of each of the three Darfur states shall be increased to 73. Of these, 21 seats in each state legislature shall be allocated to the nominees of the SLM/A and JEM.

(d) The Deputy Speakers of the Darfur states’ Legislative Assemblies shall be nominees of the SLM/A and JEM.

92. Elections for the state legislature shall be held in accordance with the

provisions of the INC. Thereafter, the number of seats shall be as determined by the

state Constitutions.

CHAPTER TWO: WEALTH SHARING

ARTICLE 17

CONCEPTS AND GENERAL PRINCIPLES FOR WEALTH SHARING

Principles for wealth sharing

93. The Parties agree that the guiding principles and provisions below shall be the basis for wealth sharing under this Agreement.

94. The wealth of the Sudan shall be defined broadly to include natural resources, human resources, historical and cultural assets and financial assets, including credit and public borrowing and international assistance and grants.

95. Wealth is dynamic and the generation and distribution of wealth are critically affected by government policies, programs and institutions. Hence, the definition of wealth extends to the means, institutions, policies and opportunities that affect the creation and distribution of wealth in addition to the physical resources and government revenues. A key dimension of wealth is fair participation in decision- making that affects the generation of wealth and allocation of resources.

96. Development of human resources shall be a means and objective of economic and social development policies.

97. All Sudanese citizens have equal rights to:

(a) Freedom from hunger;

(b) Sustainable livelihood;

(d) Access to quality education;

(e) Access to health services and other social services;

(f) Adequate access to public utilities and infrastructure;

(g) Equitable development and employment opportunities;

(h) Free access to markets;

(i) Security of property;

(j) Promotion and protection of cultural heritage;

(k) Restitution of property for those affected by conflict; and

(l) Judicial review of administrative actions that affect livelihood.

98. The wealth of the Sudan shall be shared equitably to enable each level of government to discharge its legal and constitutional responsibilities and duties to the people of the Sudan. The national government shall make transfers to the appropriate level of government in Darfur as agreed by the Parties.

99. Recognizing the cumulative effects of underdevelopment and prolonged deprivation of Darfur, compounded by the destructive effects of war, and in order to address this matter, the parties agree to establish an effective, transparent and accountable system for the distribution of wealth. Effective and prompt measures have to be taken to remedy the situation through affirmative action in economic policy.

100. The sharing and allocation of wealth shall be based on the premise that all parts of the Sudan are entitled to equitable development. Acknowledging that poverty is widespread in Darfur and in the Sudan generally, a nationwide poverty eradication strategy shall be adopted to constitute a framework for the country’s development policy, which has as its aim meeting the Millennium Development Goals (MDGs).

101. Rehabilitation and reconstruction of Darfur is a priority; to that end, steps shall be taken to compensate the people of Darfur and address grievances for lives lost, assets destroyed or stolen, and suffering caused.

102. Darfur has urgent and serious needs for rehabilitation, reconstruction and development of social and physical infrastructure affected by the conflict, especially with regard to IDPs, refugees and war-affected persons and to perform basic government functions, and build up civil administration.

103. The Parties agree to conduct a comprehensive assessment of the needs referred to above as a matter of top priority through the establishment of a Joint Assessment Mission (JAM) for Darfur. The modalities and timing of the establishment of such a mission will be worked out as soon as possible and, in any event, as a matter of priority after consultations with all stakeholders. Noting that the financial resources and expertise required for such an exercise are beyond the

capacity of the Sudan, the Parties shall urgently appeal to the international community to fully participate in this initiative and to assist in providing the requisite resources and expertise and to contribute to meet the needs identified in this process.

104. The Parties agree that Darfur as a whole, and in particular those areas in need of construction or reconstruction, shall be brought up to the level that will allow them to reach the Millennium Development Goals (MDGs) rapidly. A program for development of basic infrastructure shall be formulated to integrate Darfur with the rest of the economy.

105. A special fund for reconstruction and development of Darfur shall be established under this Agreement.

106. The Parties agree that national economic and social policies, plans and programs shall:

(a) Ensure that the quality of life, dignity and living conditions of all citizens is promoted without discrimination on grounds of gender, race, religion, political affiliation, ethnicity, language or geographic location.

(b) Ensure participation of citizens, through the respective levels of government and non-governmental institutions, in the development and implementation of economic and social policies for the creation and distribution of wealth, and in decisions about resource management and development; and

107. National economic and social policies shall have as their objectives:

(a) The creation and equitable distribution of wealth throughout the Sudan, consistent with maintenance of macroeconomic stability and sustainable growth;

(b) To ensure that taxes are levied equitably and used for the benefit of all;

(d) The provision of safe, secure and open access to markets, goods and services;

(e) The recognition of social and cultural diversity;

(f) The promotion of social welfare and stability;

(g) The need to address environmental degradation;

(h) The implementation of principles of sustainable development; and

(i) The creation of an environment conducive to foreign investment.

108. The first priority of implementing this Agreement is to address the needs of the war-affected areas, with special attention to displaced and war-affected persons, to provide the basic services and security needed to enable them to return to their

livelihoods in safety and dignity. This Chapter sets out principles for the restitution of property and assistance for full reintegration to their former livelihood, including rights to land and compensation for losses or damages or both sustained as a result of the conflict.

109. The women of Darfur are involved in all areas of activity and constitute the bulk of the labour force, especially in the agricultural and animal resource sectors. In addition, women are heads of households particularly among refugees, the internally displaced persons and migrants. Women’s situation in all these areas has been worsened by the war, which has had a particularly deleterious impact on women and children, especially in relation to their means of livelihood. There is a need, therefore, for a special focus on the specific situation of women and for providing concrete measures to address their concerns, as well as ensuring their equal and effective participation in committees, commissions and bodies established pursuant to this Agreement.

110. Recognition of traditional rights (including “hawakeer”) and historical rights in land is essential to establish a secure and sustainable basis for livelihood and development in Darfur. This Agreement sets out the mechanisms for recognising and protecting those rights.

111. The Parties agree to establish a mechanism to introduce processes for ensuring the sustainable use and control of land and other natural resources, and to ensure that all citizens affected by development of land and other natural resources are consulted and their views taken into account in carrying out that development. Persons whose property or livelihood are adversely affected by development of land and other natural resources have a right to adequate compensation.

112. Land management structures and institutions shall be developed and legally supported to promote sustainable development, and address issues of environmental degradation.

ARTICLE 18

FISCAL FEDERALISM AND INTERGOVERNMENTAL RELATIONS

Assignment of Fiscal Responsibilities

113. The Parties affirm that the assignment of expenditure and revenue responsibilities between the national and state levels of government shall be done according to the following principles:

(a) An expenditure function should be assigned to that level of government whose jurisdiction most closely reflects the geographical area served by that function. The delivery of a particular service (expenditure assignment) may be carried out exclusively by a given level of government, or concurrently by two or more levels.

(b) The state governments shall endeavour to pay for the services delivered to people living in a given geographic state with revenues raised in that state (revenue assignment).

114. State levels of Government shall have the right to determine, without national interference, the structure of the revenue base and the level of the charge or tax rate applied to that base consistent with paragraph 118 herein.

Assignment of Revenue Bases

115. All revenues collected nationally for or by the GoS including those generated by any government ministry, department, or share of the national government in profits from any corporation, company or any other entity, through commercial activity or otherwise, shall be pooled in a National Revenue Fund (NRF) administered by the National Treasury. This fund shall embrace all accounts and sub-accounts into which monies due to the GoS are collected, recorded or deposited.

116. All revenues (tax and non-tax) and expenditures at all levels of government shall be in the budget and made public.

117. The National Government may legislate to raise revenue or collect taxes from the following sources:

(a) National personal income tax;

(b) Corporate or business profit tax;

(d) Seaports and Airports Revenue;

(e) Service charges;

(f) Oil revenues;

(g) National government enterprises and projects;

(h) Value Added Tax or general sales tax or other retail taxes on goods

and services;

(i) Excise duties;

(j) Loans including borrowing from the Central Bank of the Sudan and the public;

(k) Grants and foreign financial assistance;

(l) Other taxes to be legislated by the National Legislature.

118. The states of Darfur shall be entitled to raise and administer:

(a) Land and property taxes and royalties;

(b) Service charges for state services;

(d) Darfur states’ personal income tax;

(e) Levies on tourism;

(f) Darfur states’ share in revenues from oil and other natural resources produced in Darfur states;

(g) Darfur state government projects and nature parks;

(h) Stamp duties;

(i) Agricultural taxes;

(j) Excise taxes;

(k) Loans and borrowing both domestic and foreign in accordance with their creditworthiness and consistent with the national macro- economic policy framework;

(l) Grants in aid and foreign aid grants.

(m)Allocation from the NRF mentioned in paragraph 115 above.

(n) All allocations for Darfur Reconstruction and Development Fund to be established consistent with the general principles agreed upon by the Parties.

(o) All other taxes or fees legislated from time to time, within their jurisdictions.

119. Darfur states may, within their competencies and jurisdictions, enter into agreements to enhance revenue mobilization and administration.

Framework for Intergovernmental Transfers

120. To accomplish the task of fiscal equalization, the Fiscal and Financial Allocation and Monitoring Commission shall ensure that the interests and views of Darfur will be represented on a basis commensurate with the other state governments of the Sudan. The FFAMC shall be structured in order to ensure: appropriate utilization and sharing of financial resources both vertically and horizontally; transparency and fairness in allocation of funds to states of Darfur and other states; and to monitor and ensure that equalization grants from the national government are promptly transferred to the states of Darfur and other states. The FFAMC shall report to the National Legislature.

121. To enable the FFAMC to perform its functions, the President shall appoint an independent Panel of Experts recommended by the FFAMC, to be approved by the National Legislature. The Panel shall comprise highly qualified economists and other relevant experts from academic, government, and other institutions, and from the private sector. The Panel shall propose formulae for vertical allocation of resources between the GoS and the states, and criteria for horizontal allocation between states. The Panel’s proposal or report shall also include weights attached to those criteria. The Terms of Reference for the Panel shall be prepared by the FFAMC.

122. The Panel shall submit its report to the President through the FFAMC within six months of its appointment. The President shall then table the report before the National Legislature for approval within one month of its submission. If the report is approved, the FFAMC will be bound to implement the formulae and criteria for resource allocation contained therein.

123. The Parties agree that the FFAMC shall be independent and shall have the capacity to perform its work in an effective manner. To be able to carry out its work with continuity and autonomy, the head of the FFAMC shall be appointed for a specific term, during which he/she cannot be removed without due cause. To do its work effectively the FFAMC shall have a technical secretariat that is adequately staffed with highly competent professionals. The FFAMC shall take its decisions by consensus.

124. The GoS shall take all necessary steps to ensure that the FFAMC becomes operational in the 2006 fiscal year and submits its recommendations on the formula for the vertical and horizontal allocations, to the Presidency and the National Legislature in time for inclusion in the 2007 national budget. To this effect, the Panel of Experts shall be appointed immediately following the signing of this Agreement. In the event that the FFAMC report is not prepared, or not approved by the National Legislature, in 2006, the FFAMC shall propose a formula based on preliminary indicators worked out by the Panel of Experts to enable the national government make an allocation from the National Revenue Fund (NRF) to states, other than those of Southern Sudan. The Northern states may collectively negotiate for a higher vertical allocation from the national government. The FFAMC shall also determine the formula for horizontal allocation among the states to be included in the budget

that the Presidency submits to the Legislature for the 2007 fiscal year.

125. Transfers from the GoS shall be necessary to address the expenditure needs of the states of Darfur. The Parties agree that financial equalization procedures shall be adopted as set by the FFAMC. Such procedures or measures may:

(a) Not diminish the discretion local authorities may exercise within their own sphere of responsibility;

(b) Supplement all the forms of transfers such as project and conditional grants;

126. The FFAMC shall institute a transparent, formula-based process whereby the transfers to states of Darfur, and other state governments of the Sudan shall be made in a predictable and timely manner, with the guarantee that the national government may not withhold the transfer of funds to Darfur states or any other state governments of the Sudan.

127. Darfur states may initiate proceedings in the Constitutional Court should the national government withhold monies due to them.

128. The Parties agree that a system of specific purpose grants shall be developed with a view to achieving the Millennium Development Goals (MDGs), poverty eradication goals and gender development.

Specific Fiscal Entitlements of Darfur

129. Within the context of the federal system, the appropriate level of government in Darfur shall be entitled to:

(a) Transfers from the nationally collected revenues in accordance with the criteria above;

(b) Raise and collect revenues as set out above;

(d) Resources from the National Reconstruction and Development Fund;

(e) Allocation of resources from the Multi Donor Trust Fund;

(f) Timely and full transfer of the agreed allocations from the National Revenue Fund (NRF).

External Sources of Finance

130. Darfur states shall have access to borrowing from national and international capital markets as long as borrowing is consistent with the macro-economic policy framework and the state government is deemed creditworthy. Without prejudice to

the independence of the Central Bank of Sudan and to the extent that the GoS or the Central Bank of Sudan or both are issuing sovereign guarantees for loans to states, potential loans to Darfur and other war-affected and least developed areas shall be given priority to receive such guarantees.

131. Darfur state governments shall report to the national government the amount of all external finance and grants received.

Capacity Building

132. The GoS shall assist Darfur to develop and implement, beginning immediately after the signing of this Agreement, an advanced and comprehensive program for capacity building with respect to public finance and intergovernmental relations, including expenditure management to ensure accountability.

Monitoring and Accountability

133. Darfur states shall cooperate with the GoS to report fully and completely, on a periodic basis (quarterly, semi-annually and annually), the amount of all their expenditures and revenues (tax and non-tax fees and charges). All such expenditures and revenues shall be in the budget and the format of their reporting shall be determined according to transparent national government standards. It is recognized that such complete and standard reporting shall assist the determination of national transfers from the GoS.

134. The institutions responsible for monitoring the implementation of this Agreement are:

(a) The Presidency;

(b) National Legislative Bodies;

(d) The National Audit Chamber;

(e) State Legislatures;

(f) The Supreme Constitutional Court.

ARTICLE 19

ECONOMIC POLICY FOR RECONSTRUCTION, INVESTMENT AND DEVELOPMENT

Macro-economic Policies

135. Economic policy is one of the key functions of government. Hence, the central objective of economic policy is the pursuit of full employment through sound policies

that focus on the stability of price and employment levels and promote sustainable pro-poor economic growth. Such policies constitute a national macro-economic policy framework within which economic policies at state levels are formulated and executed.

136. The national macroeconomic policy framework, therefore, provides an important vehicle for the combating of poverty and sense of marginalization in the Sudan during the post-conflict period.

137. National macro-economic policies shall be formulated to ensure that the quality of life, living conditions and dignity of all the citizens in the Sudan are promoted without discrimination on grounds of geographical location, race, ethnicity, religion, language, political affiliation or gender.

138. Fiscal and monetary policies, especially the banking system, shall be reviewed to meet the requirements of sustained growth and equitable development as well as to increase access to international capital market.

139. The Parties call upon the Central Bank of the Sudan to introduce innovative finance methods and instruments that will expedite development efforts in Darfur states and other disadvantaged regions in the Sudan.

140. Recognizing that the private sector (national and foreign) plays a crucial role in development, national economic policies should be formulated to create a conducive environment for its effective participation in the development of post conflict Darfur states.

141. Research and development (R&D) and especially technological development shall be encouraged and promoted.

142. The agricultural sector, including livestock, has a special significance in the economy and the lives of all Sudanese citizens particularly the people of Darfur states. Accordingly, policies directed to its development shall be prioritised and emphasized.

143. Efforts shall be made to lay a solid base for industrial development with a special emphasis on agro-industry.

144. National economic policies shall also be directed to encourage exports from the Sudan to regional and international markets.

Darfur Development Policies

145. The Parties agree that national development policy shall be based on the premise that all parts of the Sudan are entitled to equitable development and that such policies shall give special priority to the most disadvantaged states including Darfur states.

146. Within this framework, Darfur states shall pursue their short and medium term objectives of rehabilitation, reconstruction, construction and development while taking care of urgent needs and laying the basis for longer term development. Special attention shall be given to programs and projects that enable the states of Darfur to speed up the transition from relief to development.

147. Key strategic objectives of Darfur states post conflict economic recovery and development, within the above overall national economic policy framework consist of:

a) Reinvigoration of the economy of Darfur states to enable them to integrate into the national economy and to promote interregional trade;

b) Rehabilitation of basic social services such as education, health and water;

c) Achievement of sustainable economic growth, equitable development, social stability and considerable improvement in access to social services;

d) Eradication of poverty and enhancement of economic empowerment and awareness.

e) Creation of adequate employment opportunities;

f) Development of individual and institutional capabilities for good governance with emphasis on accountability and transparency;

g) Development of physical infrastructure that will improve Darfur states access to their main markets as well as to the rest of the Sudan and neighbouring countries;

h) Building of technical and analytical capabilities in the key areas of economic management and financial management and procurement;

i) Encouraging the production of alternative energy sources and addressing causes of environmental degradation.

148. The Parties recognize that Darfur states, being historically deprived and having severely suffered from destruction caused by the war, are in serious need to:

(a) Restore peace, security, and social stability.

(b) Carry out government functions more effectively.

(d) Rehabilitate, reconstruct and construct physical, institutional and social infrastructures in post-conflict Darfur.

149. Competition for pasture and water by nomadic herders and settled agricultural producers is an important problem. The problem shall be addressed in a comprehensive way, by developing policies to reverse environmental degradation and the decline in agricultural yields, gradually shifting the emphasis of herders from quantity to quality, developing a framework for equitable access by various users of land and water resources, as well as developing research capacities in these areas.

150. The Parties agree to make every effort to bring Darfur states up to the national average level of human development in the shortest possible time with a view to attaining the Millennium Development Goals (MDGs).

Reconstruction, Investment and Development

151. The Parties recognize that Darfur states will need a rapid transition from war to peace, which would in turn create an enabling environment for accelerated transition from humanitarian relief assistance to economic recovery and development.

152. To sustain this transition and to achieve the above-mentioned objectives, Darfur states are in need of resources well beyond what they can possibly raise from their local economy in the foreseeable future. Therefore, they shall be aided in its effort through substantial, reliable and timely transfers from the National Revenue Fund, other national sources as well as from foreign aid.

153. The Parties agree that, in addition to the share of Darfur in the FFAMC transfers from the National Revenue Fund, the national government shall allocate an amount equivalent to US $ 300,000,000 (Three Hundred Million Dollars) as seed money for the DRDF in 2006. The GoS is further committed to allocating to the DRDF:

(a) An amount of not less than US $ 200,000,000 (Two hundred Million Dollars) per annum for 2007 and 2008 which shall be adjusted on the basis of the JAM outcome;

(b) Its share of the JAM commitments as determined at the post-JAM donor pledging conference for the period fixed by the JAM and adjusted accordingly;

(c) The amount necessary to complete the Darfur development projects determined in the JAM if these are incomplete at the end of the JAM period, until the end of 2015 within the overall objective of achieving the MDGs.

Darfur Reconstruction and Development Fund (DRDF)

154. The Parties agree that a special fund for the rehabilitation, reconstruction, construction and development of Darfur states to be known as “Darfur Reconstruction and Development Fund” (DRDF) shall be established.

(a) The DRDF shall solicit, raise and collect funds from domestic and international donors and disburse such funds for the resettlement, rehabilitation and reintegration of internally and externally displaced persons and to address past development imbalances especially

infrastructure.

(b) The DRDF shall be professionally managed and transparently administered. To ensure accountability, transparency, equity and fairness in the utilization of the funds, DRDF shall develop an effective system of monitoring and evaluation.

(c) The DRDF shall manage its resources and expenditures and shall be entitled to raise additional funds by way of donations from foreign countries, regional and international organizations or both and other bodies for the purpose of reconstruction, construction and development of Darfur states.

(d) The DRDF shall develop special funding mechanisms to address the specific needs of women. These mechanisms shall cover, but not limited to, creation of investment opportunities, enhancement of productive capacities, provision of credit, production inputs and capacity building for women.

(e) The governance structure of the DRDF shall include representatives of the National Government, Darfur states and donors. The modalities of this structure shall be worked out under the implementation mechanisms and guarantees.

Joint Assessment Mission (JAM) for Darfur states

155. The Parties agree to initiate a Joint Assessment Mission (JAM) to identify and quantify the needs of post-conflict economic recovery, development and poverty eradication program for Darfur states. These needs will be presented to the donors at a donors’ conference to be convened three months after the signing of this Agreement. In this regard, the Parties call upon the World Bank, the United Nations and the African Development Bank (ADB) to lead the JAM exercise, in collaboration with the Islamic Development Bank (IDB), the African Union (AU), the League of Arab States (LAS), the Arab Funds, the European Union (EU), the USA and all other interested countries and parties.

ARTICLE 20

DEVELOPMENT AND MANAGEMENT OF LAND AND NATURAL RESOURCES

Traditional and historical rights in land

156. The regulation of the land tenure, usage and exercise of rights in land shall be a concurrent function exercised at the appropriate level of government.

157. Rights in land owned by the GoS within Darfur shall be exercised through the

appropriate or designated level of government.

158. Tribal land ownership rights (hawakeer), historical rights to land, traditional or customary livestock routes, and access to water, shall be recognised and protected. All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary laws, practices, international trends and practices and protect cultural heritage.

159. All displaced persons and other persons arbitrarily or unlawfully deprived of rights to land shall have those rights restored to them. No person or group of persons shall be deprived of any traditional or historical right in respect of land or access to water without consultation and compensation on just terms.

160. The Parties agree that the land referred to in this Agreement as Darfur shall have as its northern boundaries the boundaries referred to in paragraph 61 of Chapter 1 of this Agreement.

Natural Resources

161. The Parties agree that States in which oil or mineral resources are produced shall have the right to negotiate and to be granted the negotiated share of revenue generated there from.

Law Reform

162. The laws as amended in accordance with paragraph 158 above shall make provision for the recognition and protection of traditional or customary rights to land.

Land Commission

163. Without prejudice to the jurisdiction of courts, there shall be established a state Land Commission to address issues related to traditional and historical rights to land, and review land use management and natural resource development processes.

164. The state Land Commission shall:

(a) Be independent and impartial;

(b) Have membership that reflects land use interests in the geographical area in respect of which the state Land Commission exercises jurisdiction;

(d) Have access to all pertinent land records;

(e) Carry out its functions in a timely manner;

(f) Take all reasonable measures to ensure full and effective participation in its procedures;

(g) Report annually to the respective level of government on its operations and the expenditure of its annual budget.

(h) Membership, appointment, terms and conditions of service of the state Land Commission shall be regulated by law.

165. The state Land Commission shall exercise the following functions:

(a) Arbitrating disputes between the willing contending parties over rights to land;

(b) Making recommendations to the appropriate level of government concerning land reform policies and land use or recognition of traditional or historical rights in land;

(c) Determining applications for review of decisions concerning land use planning and consents for the development of land in accordance with legislation enacted pursuant to this Agreement;

(d) Establishing and maintaining records of existing and historical land use;

(e) Conducting research on land tenure and land usage in the geographical area in which jurisdiction is exercised;

(f) Recommending measures for improving the system for planning and development of land and other natural resources to the appropriate level of governance;

(g) Reviewing existing land instruments and recommending to the relevant authority the introduction of such necessary changes as may be required including restitution of land rights or compensation.

166. In carrying out its arbitration function, the state Land Commission shall have discretion to entertain applications, and with the consent of the contending parties, may apply traditional and customary law and/or principles of justice and equity. The

outcome of the arbitration shall be binding on the contending parties and may be enforced in a court of competent jurisdiction.

167. The state Land Commission shall be bound by decisions made by any body or authority given jurisdiction by the appropriate level of government or specifically constituted under this agreement to make decisions concerning land of displaced or other war-affected persons.

168. The National Land Commission and the state Land Commission established by this agreement shall cooperate and coordinate their activities so as to use their resources efficiently. Without limiting the matters of coordination, the National Land Commission and the State Land Commission may agree:

(a) To exchange information and decisions of each Commission;

(b) That certain functions of the National Land Commission, including collection of data and research, may be carried out through the state Land Commission;

169. In case of conflict between the findings and recommendations of the National

Land Commission and the state Land Commission, which cannot be resolved by

agreement, the Commissions shall reconcile their positions. The matter shall be

referred to the Constitutional Court for adjudication if the positions cannot be

reconciled.

Planning and development of land and natural resources

170. With the intent of establishing transparent and accountable processes for determining the use of land and development of natural resources in Darfur, the competent authorities shall establish a system for regulating land use planning and the development of natural resources that shall apply to land in Darfur, including land owned by the GoS, for development and other national projects.

171. The system of land and natural resource planning and development

established pursuant to this Agreement shall have as its objectives:

(a) The proper management, development and conservation of natural resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages, for the purpose of promoting the social and economic welfare of the community and a better environment;

(b) The promotion and coordination of the orderly and economic use and development of land and natural resources;

(d) The protection of cultural heritage;

(e) The protection, provision and coordination of communication and utility services;

(f) The provision of land for public purposes;

(g) The provision and coordination of community services and facilities;

(h) The protection of the environment, including the protection and conservation of native animals and plants, threatened species, and ecological communities;

(i) The rehabilitation of degraded land and revegetation programs;

(j) The promotion of shared responsibility for environmental planning between the different levels of government in Darfur;

(k) The provision for public involvement and participation in environmental planning and assessment;

(l) The provision for consultation of all persons affected by proposed development of land and natural resources;

(m)The provision for adequate compensation for persons whose livelihood or property are affected by development decisions in respect of land and natural resources.

172. State governments in Darfur shall develop and implement plans of management for land within their respective jurisdictions consistent with the objectives set out in paragraph 171 above. Localities shall consult with affected persons and take into consideration the objectives in paragraph 171 and any applicable traditional or customary law in making decision about development within their jurisdictions.

Land Use and Natural Resource Planning

173. The state government of Darfur shall, in accordance with their constitutions, enact legislation setting out the objectives in paragraph 171. The Planning Legislation shall:

(a) Establish a Planning Authority with the function of regulating the development and implementation of land use management plans;

(b) Specify the minimum procedural requirements governments must adhere to in developing and promulgating land use management plans, including specific provision for consultation of persons affected by proposed plans;

(c) Specify the minimum content of land use management plans, including requirements to state the aims, objectives, policies and strategies by which the plan is designed to carry out the objective;

(d) Provide for the control of development on land in Darfur by specifying the types of development which may not be carried out, or which may be carried out only with permission;

(e) Provide for the establishment of a public register of all land use management plans.

Review and Administrative Action and Accountability 174. The Planning Legislation shall provide for:

(a) Review by the State Land Commission of the legal validity of land use management plans made pursuant to its provisions;

(b) Review by the State Land Commission of the merits and legal validity of decisions in respect of the development of land or natural resources.

(c) Annual reporting by the Planning Authority to the appropriate level of government on the implementation of the legislation.

Major Development Projects

175. In exceptional circumstances the state legislature in Darfur may authorise the state government to enter into agreements for major development, which may be inconsistent with any land use management plan or planning legislation. The government may seek authorisation only if the agreement contains detailed provisions setting out:

(a) The measures that will be adopted under the agreement for protection of the environment;

(b) The steps taken to consult with all persons whose interests are affected by the proposed development;

(c) The benefits that will accrue to local communities and the people of Darfur as a result of entering into the agreement;

(d) The level of compensation that will be paid to persons whose property or livelihoods will be adversely affected by the agreement, and a statement of whether or not that compensation has been agreed to by the persons so affected.

ARTICLE 21

URGENT PROGRAMS FOR INTERNALLY DISPLACED PERSONS (IDPS), REFUGEES AND OTHER WAR-AFFECTED PERSONS AND COMPENSATION FOR WAR-AFFECTED PERSONS

Principles

176. Displaced and war-affected persons will enjoy the same human rights and fundamental freedoms as any citizen under the law of the Sudan. In particular, the relevant authorities have a responsibility to ensure that such persons enjoy freedom of movement and of choice of residence, including the right to return and to reestablish themselves at their places of origin or habitual residence.

177. The treatment of displaced and war-affected persons in and from Darfur will conform to international humanitarian law, human rights law and guiding principles, as set out in the Declaration of Principles.

178. In all cases, the return of displaced persons to places or regions of origin must be voluntary. In this regard, the displaced should have access to objectively reliable information about conditions in their places of origin. Relevant authorities with the assistance of the AU and the international community shall assure proper protection and dignified treatment of displaced persons during the process of voluntary return and reintegration or voluntary resettlement at another place of their choice.

179. The Parties agree that the provision of security is necessary for displaced persons to return. To restart their livelihood and commence effective reintegration, they will need potable water, food and shelter materials, as well as agricultural inputs for both crops and livestock such as seeds, seedlings, veterinary services, tools, and essential equipment including machinery for the making of building blocks, as well as micro credit schemes. Recovery will have to include the rehabilitation and/or creation of adequate educational and health facilities.

180. The GoS is committed to contributing resources to meet urgent needs for the return and resettlement of IDPs and refugees.

181. The Darfur Rehabilitation and Resettlement Commission (DRRC), seeking support from the relevant authorities and with the assistance of the AU and the international community, shall see to it that these and other basic rights and needs of returnees are met.

Protection

182. The Parties shall establish a Darfur Rehabilitation and Resettlement Commission (DRRC) to implement strategies to conduct surveys and assessments, monitor and report on the situation of the displaced and war-affected persons to the appropriate level of government. Strategies, surveys, assessments and information should be shared with the international community.

183. DRRC shall consult with IDPs and returnees as well as all other stakeholders.

184. DRRC shall, in accordance with its regulations, grant the United Nations, NGOs and other humanitarian agencies access to displaced and war-affected persons, whether they are in urban, rural or camp settings, in accordance with international humanitarian law. Disputes over humanitarian access shall be referred to the relevant national government authorities.

185. The Parties to this agreement, with the assistance of the AU and the international community, pledge to provide protection and physical security to the displaced and war-affected persons in all areas of Darfur. The relevant authorities shall make all necessary efforts to respond to violations of human rights, redress the impact of such violations and take all necessary measures to ensure justice in a timely and effective manner.

186. The relevant authorities, with the assistance of the AU and the international community, shall protect the returning displaced persons from all forms of harassment, coercion, informal ‘taxation’ or confiscation of property. In such

exercise, special attention to the protection of displaced women from all forms of harassment, exploitation and gender-based violence, is essential.

187. DRRC shall provide basic food, shelter and access to potable water while

displaced persons are en route to areas of return. The DRRC shall make special

effort to ensure the full participation of women in the planning and distribution of

these basic facilities.

188. Strategies created under paragraph 182 shall include reconciliation and peace-building activities, such as local reconciliation meetings to settle local conflicts and the use of traditional dispute resolution mechanisms.

189. DRRC, in collaboration with the relevant authorities shall assist in the rehabilitation and reintegration of orphans and other people of special needs.

190. Upon the request of the DRRC, the relevant authorities shall establish mobile courts and other mechanisms, whenever deemed necessary to ensure prompt access to justice.

Documentation

191. DRRC, in collaboration with the relevant authorities, shall take steps to facilitate the registration of all displaced persons, whether they are in urban, rural or camp settings and shall issue to displaced persons all documents necessary for the exercise of their legal rights, such as passports, personal identification documents, birth certificates, marriage certificates and all necessary documents of title. In particular, DRRC shall facilitate the issuance of new documents or the replacement of documents lost during displacement, without the imposition of unreasonable conditions, costs or delays. When necessary, traditional administration or community leadership shall be used for proof of identity.

192. Displaced women and men have equal rights to obtain all necessary documents. Women and girls shall also have documentation issued in their own names. Special effort shall be made to provide documents to orphans.

Family unity

193. The national government and the relevant authorities in Darfur pledge to protect the integrity of the family and community and the right to family life. Special

effort shall be made to reunify unaccompanied minors with their families or communities of origin. DRRC shall facilitate inquiries made by family members and co-operate with the work of humanitarian organisations engaged in assisting family reunification.

Restitution

194. Displaced persons have the right to restitution of their property, whether they choose to return to their places of origin or not, or to be compensated adequately for the loss of their property, in accordance with international principles.

195. DRRC and the relevant authorities shall establish restitution procedures, which must be simple, accessible, transparent and enforceable. All aspects of the restitution claims process, including appeals procedures, shall be just, timely, accessible, free of charge, and age and gender sensitive. The procedures shall contain positive measures to ensure that women are able to participate on a fully equal basis in the process.

196. Compensation in place of restitution shall only be given where it is factually established, in accordance with the procedures in this agreement, that restitution is impossible.

197. DRRC shall establish independent and impartial committees called hereafter “Property Claims Committees” (PCCs) in both rural and urban areas to deal with all property disputes that shall arise from the return process. Such disputes shall be resolved locally and rapidly. Mediation and traditional dispute resolution mechanisms shall also be used, consistently with human rights principles, and without prejudice to the jurisdiction of the courts. The property claims committees shall:

(a) Resolve disputes over rights to land caused by the displacement of the original inhabitants or users of the land. In case of failure, the issue shall be referred to the relevant authorities;

(b) Be independent and impartial;

(d) Determine their own procedures guided by the DRRC.

(e) Have access to all pertinent land and other records;

(f) Be able to summon witnesses;

(g) Carry out its functions in a timely manner;

(h) Take all reasonable measures to ensure full and effective participation in its procedures;

(i) Hold hearings in public and publish its decisions;

(j) Report quarterly to DRRC established above on its operations and the expenditure of its annual budget;

(k) Co-ordinate their work with the Darfur Land Commission; (l) Make recommendations to the relevant authorities for the implementation of its decisions;

198. Membership, appointment, terms and conditions of service of the Property Claims Committees (PCCs) shall be regulated by law.

Compensation

199. The Parties agree that war-affected persons in Darfur have an inalienable right to have their grievances addressed in a comprehensive manner and to receive compensation. Restitution and compensation for damages and losses shall necessitate massive mobilization of resources.

200. The Parties agree on the establishment of an independent and impartial Compensation Commission to deal, without prejudice to the jurisdiction of courts, with claims for compensation by people of Darfur who have suffered harm, including physical or mental injury, emotional suffering or human and economic losses, in connection with the conflict.

201. The Commission shall be established by Presidential Decree and shall continue to operate until the final disposition of all claims for compensation.

202. The membership of the Commission shall comprise persons nominated by the Parties and persons representative of affected communities, leaders of Native Administration. Special measures shall be taken to ensure the effective representation of women in the membership of the Commission. The Commission may engage experts and may act in accordance with their recommendations.

203. The Commission shall set its own rules of procedure based on international principles and practices, national law, and customary law and practices and it may establish local branches as well as specialized chambers. The Commission shall ensure that its work is conducted in a transparent manner, and that it is easily accessible to people claiming restitution or other compensation.

204. The Commission shall do everything necessary to co-ordinate its work with the Property Claims Committees. The Commission shall refer property disputes that arise from the return process to the Property Claims Committees established under this Agreement. In the case of conflict between the Property Claims Committees and the Compensation Commission that cannot be reconciled through consultation

between them, the Darfur Rehabilitation and Resettlement Commission (DRRC)

shall resolve the conflict. The Commission shall also coordinate its activities with the

DRRC.

205. Taking note of the suffering of the individual people of Darfur, and the customary practices of tribal restitution in Darfur, the Commission shall work out principles for appropriate restitution or other compensation. In doing so, the Commission shall take into account, among other considerations:

(a) International principles and practices, national law and customary law and practices;

(b) The principle of providing fair and just restitution for loss or damage suffered;

(d) The needs of vulnerable groups such as women and children;

(e) The principle that persons should not be compensated twice for the same loss;

(f) The principle that the award of restitution or other compensation under this Article is distinct from the issue of punishment under criminal law;

(g) The capacity of the perpetrator or perpetrators to pay monetary compensation.

206. The Commission shall have powers including, but not limited to, the following:

(a) To make binding awards for restitution or other compensation within its competence;

(b) To resolve claims informally, or by applying traditional or customary laws and practices;

(c) To make an order apportioning liability to make restitution or pay compensation between persons who in the Commission’s opinion share the responsibility for compensable loss or damage;

(d) To determine the time within which any award of monetary compensation shall be paid.

207. Awards of compensation made by the Commission may include the following:

(a) Restitution of stolen, lost or destroyed objects;

(b) Monetary compensation;

(d) Rehabilitation including medical and psychological care;

(e) Legal assistance and social services;

(f) Acknowledgment and acceptance of responsibility;

(g) Guarantees of non-repetition;

(h) Traditional forms of compensation.

208. The Commission shall not entertain any claim for compensation made to it more than ten (10) years after the date of entry into force of this Agreement.

209. The Presidential Decree establishing the Compensation Commission shall make provision for:

(a) Mechanisms for review, on matters of law, of the decisions of the Commission;

(b) Mechanisms for enforcement of the Commission’s decisions of awards of monetary compensation, restitution, or payment of other forms of compensation.

210. The Parties agree that, within three months after the signing of this Agreement, a Compensation Fund on which the Commission may draw to make interim awards of monetary compensation without proceeding to a full hearing of the claim shall be established.

211. Any such payment awarded by the Commission shall be made within 60 days after the award is made. Any amount already paid to the claimant from the Compensation Fund shall be deducted from the award of monetary compensation made by the Commission after a full hearing of the claim.

212. The Commission shall determine the modalities of its operation (for compensation), taking into account, among others, traditional dispute settlement mechanisms.

213. The GoS has indicated that it will put US $ 30,000,000 (Thirty Million U.S. Dollars) as an immediate contribution to the compensation fund.

CHAPTER THREE: COMPREHENSIVE CEASEFIRE AND FINAL SECURITY ARRANGEMENTS

SECTION A: COMPREHENSIVE CEASEFIRE

ARTICLE 22

GENERAL PRINCIPLES

214. Cognizant of the debilitating effects of armed conflict, and appreciating the need for a Comprehensive Ceasefire in Darfur, the Parties hereby;

(a) Reaffirm their commitment to implement all Agreements and Protocols signed. In particular, the April 2004 N’djamena Agreement, the May 2004 Addis Ababa Agreement, the November 2004 Abuja Protocol on the Enhancement of the Security Situation in Darfur, as well as the July 2005 Declaration of Principles (DoP).

(b) Affirm that lasting peace in Darfur shall be achieved and consolidated through, among other things, a comprehensive Ceasefire Agreement and final Security Arrangements that address the root causes and different aspects of the armed conflict.

(c) Undertake to refrain from acts such as mobilization, recruitment or initiatives that are likely to jeopardize the peace process including offensive military actions, movements, deployment of forces and engaging in hostile propaganda campaigns as a reaffirmation of commitment to create and maintain a conducive atmosphere.

(d) Guarantee the free movement of people, goods and services in Darfur.

(e) Undertake to refrain from any act that may jeopardize the humanitarian operations in Darfur and re-state commitment to create appropriate security conditions for the unimpeded flow of humanitarian assistance and goods, guarantee security in the camps hosting IDPs and the creation of conducive atmosphere for their voluntary return and refugees to their areas of origin.

(f) Undertake measures to neutralize and disarm the Janjaweed/armed militias in line with UN resolutions 1556 and 1564, the AU Summit Resolutions, the N’djamena Agreement and the November 2004 Abuja Protocol, such that security in Darfur is assured.

(g) Undertake confidence and trust building measures including the release of detainees as a result of the conflict in Darfur, other than those persons convicted through the due process of law upon signing the Comprehensive Peace Agreement.

(h) Undertake to ensure a strong Sudanese Armed Forces such that it is professional, inclusive, and an institution that is capable of maintaining the sovereignty and territorial integrity of the Nation.

(i) Establish a mechanism whereby law enforcement is effective, the internal security of Darfur is assured and acknowledging that the prime responsibility for enforcement of the law and maintenance of public peace rests with a recognised police authority acting in accordance with the law to accepted standards;

(j) Design a process that allows all political forces and civil society organizations to play an effective role in achieving a comprehensive peace.

(k) Put in place proper mechanisms for the demobilization, rehabilitation and social reintegration of former combatants returning to civilian life.

(l) Undertake that all the troops and forces under their command at all levels ensure observance, implementation and protection of the present Agreement.

ARTICLE 23

Purpose of this Comprehensive Ceasefire

215. This Chapter constitutes among other things, the Comprehensive Ceasefire and Final Security Arrangements.

216. The Agreements signed by the Parties are the 2004 N’djamena Agreement on Humanitarian Ceasefire on the Conflict in Darfur; the 2004 Addis Ababa Agreement with the Sudanese Parties on the Modalities for the Establishment of the Ceasefire Commission and the Deployment of Observers in Darfur; the 2004 Abuja Protocol Between the Government of Sudan, the Sudan Liberation Movement/Army and the Justice and Equality Movement on the Improvement of the Humanitarian

Situation in Darfur; and the 2004 Abuja Protocol Between the Government of Sudan, the Sudan Liberation Movement/Army and the Justice and Equality Movement on the Enhancement of the Security Situation in Darfur in accordance with the N’djamena Agreement, hereinafter called “the existing ceasefire agreements.”

Aims of this Comprehensive Ceasefire

217. The aims of this Chapter are as follows: *

(d) To ensure that a ceasefire prevails in Darfur. *

(e) To ensure that civilians are not subjected to violence, intimidation, threats and forced displacement.

(c) To ensure that protection of the civilian population is given the «■ highest priority by all parties, particularly the women and children are not subjected to gender-based violence.

(d) To ensure that humanitarian assistance is provided safely to * internally displaced persons (IDPs) and other civilians in need.

(e) To help create the environment that would enable IDPs and – refugees to return voluntarily and safely to their places of origin.

(f)_To ensure that the Parties co-operate with AMIS and the other ceasefire monitoring and verification bodies.

Scope of this Comprehensive Ceasefire

218. This Comprehensive Ceasefire covers the following main topics: *

(a) General Principles (Article 22) «■

(b) Purpose (Article 23)

(d) Strengthening the Ceasefire Monitoring and Verification «■ Mechanisms (Article 25)

(e)_Protecting IDPs and Humanitarian Supply Routes (Article 26) -

(f) Disengagement, Redeployment and Limited Arms Control (Article 27)

(g)_Non-Military Logistic Supplies to the Movements (Article 28) – Status of this Comprehensive Ceasefire

219. This Agreement is intended to strengthen the existing ceasefire Agreements. Where there is any contradiction or inconsistency between this Agreement and the existing ceasefire Agreements, this Agreement shall take precedence and shall prevail.

220. Nothing in this Agreement infringes on the ability of the GoS to protect the territorial integrity or sovereignty of Sudan from external aggression.

221. This Comprehensive Ceasefire shall come into force 72 hours after the signing of this Agreement.

Interpretation of this Comprehensive Ceasefire and Resolution of Disputes

222. Where there is any dispute among the Parties over the interpretation of this Comprehensive Ceasefire or any of the existing ceasefire agreements, the Parties shall endeavour to resolve the dispute by consensus in the Joint Commission.

223. If the Parties are unable to resolve the dispute through consensus, the Chairperson of the Joint Commission shall consult with the international members of the Joint Commission and issue a final Ruling. The Parties shall be bound by the ruling.

Promotion of this Comprehensive Ceasefire

224. The Parties shall promote awareness and understanding of this Comprehensive Ceasefire, and adherence to its provisions, among their commanders, members and allied forces.

225. AMIS shall design and, in conjunction with the Parties, run awareness programmes in Darfur to ensure that local communities and the Parties’ commanders, members and allied forces understand the mandate of AMIS, the ceasefire obligations of the Parties and the activities that constitute violations of the ceasefire. The programmes shall include the use of meetings and print and electronic media in local languages.

ARTICLE 24

PROHIBITED ACTIVITIES

226. In light of the existing ceasefire agreements, the Parties shall scrupulously refrain from the following activities:

(a) All attacks against the members and locations of another Party, including acts of sabotage, hostage-taking, detention, laying of mines and seizure of property and materiel belonging to another Party.

(b) All attacks, harassment, abduction, intimidation and injury to civilians, including IDPs, humanitarian workers and other non- combatants, and any seizure of their equipment and property.

(d) Any restrictions on the safe, free and unimpeded movement of humanitarian agencies.

(e) All acts and forms of gender-based violence. *

(f) Any restrictions on the free movement of people and goods. *

(g) All attacks on AMIS personnel and installations and seizure of its equipment.

(h) All activities that obstruct the efforts of AMIS and amount to a failure to co-operate with AMIS, including the prohibition of AMIS patrols and flights over any locations, even in the event that curfews and no go zones are imposed in emergency situations.

(i) Any attempt by a Party to disguise its equipment, personnel or * activities as those of AMIS, United Nations Agencies, the International Committee of the Red Cross/Crescent or any other similar organisation.

(j) All offensive military flights in and over Darfur. *

(k) Any attempt to redeploy military forces and equipment or occupation of any positions out of their respective deployment positions or deploy additional military forces into Darfur by the GoS without the consent of the Ceasefire Commission.

(l) Any recruitment into the military forces of a Party in Darfur. *

(m)Any recruitment or use of boys and girls under age 18 years by Parties.

(n) All hostile propaganda and incitement to military action. «

227. The Parties shall also refrain from all activities that are prohibited elsewhere in this Agreement and in the existing ceasefire agreements.

228. The Parties shall refrain from all activities that AMIS, the Ceasefire Commission and the Joint Commission determine to be violations of the ceasefire based upon this Agreement and existing ceasefire agreements.

ARTICLE 25

STRENGTHENING THE CEASEFIRE MONITORING AND

VERIFICATION MECHANISMS

General Provisions

229. The Parties:

(a)Recognise the importance of AMIS, the Ceasefire Commission, the Joint Commission and the Joint Humanitarian Facilitation and Monitoring Unit (JHFMU) for maintaining the ceasefire, building confidence and resolving disputes among the Parties.

(b)Reaffirm their commitment to co-operating with the ceasefire monitoring and verification mechanisms.

(c)_Support efforts to strengthen the capabilities and operation of the mechanisms.

(d) Support the provision of training to members of the mechanisms, including the members who are delegates of the Parties, in order to enhance their participation in the mechanisms.

(e) Support the participation of a greater number of women in the mechanisms.

(f)_Call urgently on the AU to improve co-ordination between AMIS, the Ceasefire Commission, the Joint Commission and the JHFMU.

(g) Call urgently for these mechanisms to develop a quicker, more efficient and more decisive process of investigating complaints, issuing reports and making decisions on violations of the ceasefire.

AMIS

230. The Parties request the AU and its international partners to ensure that AMIS has the appropriate force levels and resources, including land and air capabilities, to fulfil its mandate.

231. The GoS, in co-operation with the AU and its international partners, shall ensure that landing facilities in Darfur are maintained and extended for the purpose of AMIS strategic air transport.

232. The manpower and technical capabilities of AMIS Civilian Police shall be strengthened to enable it to perform its functions.

233. AMIS shall increase the number of its military observers, particularly from the Parties, and shall also increase its military observer sites, so that it is better able to cover the territory of Darfur, reach remote areas and investigate all complaints promptly.

234. AMIS Civilian Police shall be deployed in IDP camps and areas of civilian habitation controlled by the Movements and shall develop a deployment plan in coordination with the Movements Police Liaison Officers.

235. AMIS shall increase the number of its local language translators, with special attention to female translators, in order to enhance its capacity to gather information related to the conflict and law enforcement and interact with local communities.

236. AMIS shall not tolerate gender-based violence and abuse of women and children.

237. AMIS Civilian Police shall be permitted to visit persons detained in relation to the armed conflict in Darfur in prisons and detention centres without hindrance.

238. The Parties shall allow AMIS unimpeded freedom of movement in all areas and at all times of the day and night in Darfur.

239. AMIS shall communicate to the Parties’ representatives in the Ceasefire Commission and commanders in the field that any Party that denies AMIS access to any area under its control is in violation of the ceasefire.

Ceasefire Commission

240. The Ceasefire Commission shall be chaired by the AMIS Force Commander. The AMIS Deputy Force Commander shall be the first Vice Chair of the Ceasefire Commission and shall in the absence of the AMIS Force Commander, deputise for him/her as the Chairperson of the Commission. The European Union representative shall be the second Vice Chair of the Ceasefire Commission. The AMIS Civilian Police Commissioner shall be a member of the Ceasefire Commission.

241. Representatives of the European Union, the United States of America and the United Nations shall serve as Observers.

242. The Parties shall give the Force Commander the necessary support to enable him/her to perform his/her function as Chairperson of the Ceasefire Commission and give the requisite authority to their representatives in the Ceasefire Commission to make all necessary decisions.

243. The AMIS Force Commander shall establish Ceasefire Sub-Commissions in each AMIS military sector in Darfur in order to ensure a quicker cycle of investigation and reporting. The Ceasefire Sub-Commissions shall be chaired by the AMIS Sector Commanders.

244. The Chairperson of the Ceasefire Commission shall submit weekly reports to the Joint Commission.

245. The Chairperson of the Ceasefire Commission shall properly establish the Commission’s Secretariat, equip it and staff it with suitably qualified persons, after informing the GoS in accordance with the Status of Mission Agreement.

246. When the Parties are unable to reach consensus on a matter before the Ceasefire Commission, the Chairperson shall refer the matter to the Joint Commission. The Parties shall be obliged to adhere to the ruling of the Joint Commission.

247. The Chairperson of the Ceasefire Commission shall issue regular press statements on violations of the ceasefire, following investigations of the incidents, and shall post these statements on the websites of the AU and AMIS and give copies to the Parties.

Joint Commission

248. Until such time as conditions are conducive to hold its meetings in El Fashir, the Joint Commission shall hold its meetings at the AU headquarters in Addis Ababa. The Joint Commission shall be chaired by the Special Representative of the Chairperson of the AU Commission.

249. The Joint Commission shall meet on a monthly basis; it shall issue a report after each meeting; and its members shall receive the agenda and documentation at least seven days before each meeting. The Joint Commission shall call emergency meetings when these are needed.

250. The Joint Commission shall take decisive action in relation to ceasefire violations. Such action shall include one or more of the following:

(a) Publicising the violation and the name of the Party that committed the violation.

(b) Recommending that individuals who violate the ceasefire be prosecuted through appropriate national disciplinary procedures, including court martial or criminal trial procedures or through international procedures, as appropriate.

(d) Making further recommendations on punitive action to the AU for its consideration.

251. The Parties shall implement the Joint Commission’s recommendations on disciplinary measures relating to the ceasefire violations.

252. The Joint Commission shall submit all its reports to the AU for consideration and further action as appropriate.

253. The Parties shall distribute to their members and constituencies, the reports of the Joint Commission.

254. The Joint Commission shall endeavour to make decisions by consensus. Where consensus cannot be reached, the Commission shall issue a report with each party’s views.

255. In addition, where the Joint Commission is unable to reach consensus, the Chairperson of the Commission shall consult with the International Members in accordance with the established rules and procedures and issue a ruling on the matter if he/she deems this to be necessary in the vital interest of maintaining the ceasefire. The Parties shall be obliged to adhere to the ruling.

256. The Chairperson shall issue regular public statements on ceasefire violations and progress towards implementing this Agreement and shall post these statements on the websites of the AU and AMIS and give copies to the Parties.

Joint Humanitarian Facilitation and Monitoring Unit

257. Without duplicating or impeding existing international coordination and assistance efforts, in the manner stipulated in the 2004 Abuja Protocol on the

Improvement of the Humanitarian Situation in Darfur, AMIS shall establish the JHFMU in El Fashir and finalise its terms of reference and modalities within 14 days of the signing of this Agreement.

258. The JHFMU shall comprise AMIS, the UN, the Parties’ representatives and other representatives of the international community as may be invited by the AU.

259. The Head of AMIS or her/his Deputy shall be the Convenor of the Unit. The Convenor shall call regular meetings; determine, in consultation with the Parties, the agenda of the meetings; and issue invitations to the members of the Unit to attend the meetings.

260. The roles and responsibilities of the Unit shall include the following:

(a) To monitor humanitarian assistance and welfare conditions. *

(b) To observe safety and respect for human rights in relation to IDPs, other civilians and humanitarian supplies.

(c) To submit monthly reports to the Joint Commission, through the Ceasefire Commission, on progress made and difficulties encountered.

(d) To make recommendations as appropriate to the Joint Commission, the Ceasefire Commission, AMIS, Camp Managers and Humanitarian Coordinators of the IDP camps, humanitarian organisations and the Parties.

(e) To provide support to existing international and national humanitarian coordination mechanisms for assistance in IDP camps and the United Nations (including in consultation with representatives of IDPs).

(f) To provide support to the AMIS Force Commander as requested by him/her.

(g) To support the UN and all humanitarian organisations working in Darfur.

(h) To support the UN High Commissioner for Refugees in facilitating the voluntary and safe return of refugees to their places of origin.

(i) To facilitate relevant humanitarian organizations as requested by them in facilitating the voluntary and safe return of IDPs to their places of origin.

(j) To support efforts by relevant organisations to solve the problems of child soldiers, children who have disappeared, children who have been detained, and other children in Darfur.

(k) To identify ways of defusing tensions among communities and building confidence and trust in Darfur.

261. The Unit shall review its functions and terms of reference within 90 days after its establishment.

ARTICLE 26

PROTECTING IDPS AND HUMANITARIAN SUPPLY ROUTES General Commitments

262. Consistent with the existing ceasefire agreements, the Parties reaffirm the following commitments:

(a) To respect the rights of IDPs. «■

(b) To refrain from activities that undermine the safety, security and welfare of IDPs.

(d) To create a conducive, non-intimidating environment for the voluntary return of IDPs and refugees to their places of origin.

(e) To provide special protection for women, children, the vulnerable and disabled persons.

(f) To abide by the Protocol of April 8, 2004 on the Establishment of Humanitarian Assistance in Darfur and the Abuja Protocol of November 9, 2004 on the Improvement of the Humanitarian Situation in Darfur.

Demilitarised Zones around IDP Camps

263. In consultation with the Parties, the Chairperson of the Ceasefire Commission shall establish Demilitarised Zones around IDP camps in Darfur, bearing in mind the Secure Areas determined in the August 2004 Plan of Action signed by the GoS and United Nations.

264. A Demilitarised Zone shall be an area in which the following rules apply: «–

(a) There shall be no forces of any Party and other armed groups or militia, except with the permission and escort of AMIS.

(b) There shall be no carrying of weapons by any person who is not a member of AMIS except with the permission and escort of AMIS.

(c) In areas of GoS control, policing shall be conducted by GoS Police and monitored by AMIS. In areas in which this Agreement recognizes the Movements’ control, policing shall be conducted by the Movements’ Police Liaison Officers and monitored by AMIS.

265. The perimeter of a Demilitarised Zone shall not include any urban area, approaches to an airport or urban security plan locations. In GoS-controlled areas, these perimeters shall be specified on maps agreed by AMIS and GoS. Where this Agreement recognizes the Movements’ control these perimeters shall be specified on maps agreed by AMIS and the Movements.

266. No Party or other persons shall deviate from the rules mentioned in paragraph 278 except with the written permission of the Chairperson of the Ceasefire Commission or her/his delegate and only to the extent provided for in that permission. A Party or any other person that has a valid reason for obtaining such permission may apply for it in writing.

267. The Ceasefire Commission shall have the following responsibilities in relation to the Demilitarised Zones surrounding IDP camps:

(a) The Chairperson of the Commission shall determine the boundaries of the Demilitarised Zones and shall consult, the AMIS Police Commissioner, the GoS, the Movements, and when necessary the existing international and national humanitarian coordination mechanisms for assistance in IDP camps and the United Nations (including in consultation with representatives of IDPs).

(b) The Chairperson of the Commission shall, in consultation with the members, determine whether any redeployment of the forces of any Party is required in the light of the boundary determinations. He/she shall also determine the procedures for any required redeployment and the timeframe for such redeployment.

(c)_The Ceasefire Commission shall regard any violation of the rules of the Demilitarised Zones as a ceasefire violation.

268. AMIS shall have the following responsibilities in relation to Demilitarised Forr Zones surrounding IDP camps: ^Num

(a) The AMIS Force Commander, in coordination with the AMIS Civilian Police Commissioner, the GoS Police, in the GoS areas of control and the Movements’ Police Liaison Officers, in areas where this Agreement recognizes the Movements’ control, shall develop a plan for patrolling and monitoring the Demilitarised Zones around IDP camps and shall oversee the implementation of the plan.

(b)Demilitarised Zones falling within areas of control of GoS shall be patrolled by units comprising AMIS Military Observers, AMIS Civilian Police, AMIS Force Protection, and GoS Police. Executive policing functions shall be carried out by GoS Police under the monitoring of AMIS.

(c)_Demilitarised Zones falling within areas where this Agreement recognizes the Movements’ control shall be patrolled by units comprising AMIS Military Observers, AMIS Civilian Police, AMIS Force Protection, and Movements’ Police Liaison Officers.

269. The Parties shall have the following responsibilities in relation to the Demilitarised Zones:

(a) The Parties shall abide by the rules of the Demilitarised Zones. -

(b) The Parties shall ensure that their commanders are familiar with the boundaries and rules of the Demilitarised Zones.

(c)_The GoS Police shall exercise powers of executive policing in Demilitarised Zones in areas of GoS control. These powers shall be exercised under AMIS monitoring in accordance with the provisions of this Chapter.

(d) In areas in which this Agreement recognises Movements’ control, Policing functions shall be carried out by the Movements Police Liaison Officers under the monitoring of AMIS.

Internal Security of the IDP Camps

270. Security in IDP camps shall be monitored by AMIS Civilian Police. -

271. AMIS Civilian Police and the GoS Police shall draw up security arrangements in each camp in GoS-controlled areas in coordination with the existing international and national humanitarian coordination mechanisms for assistance in IDP camps and the United Nations (including in consultation with representatives of IDPs). In IDP camps in areas in which this Agreement recognises the Movements’ control, AMIS Civilian Police in coordination with the movements’ Police Liaison Officers shall draw up similar plans based on the same principles.

272. In IDP camps in GoS controlled areas, AMIS Civilian Police, in coordination with GoS Police shall draw up a plan for establishing, training and building the capacity of community police. The plan shall be based on the principles that community police are selected by the IDP community itself, work in close cooperation with the community leaders, are granted authority by the GoS Police, and shall refer cases to the investigative or judicial authorities under monitoring by AMIS. In areas in which this Agreement recognises the Movements’ control, AMIS Civilian Police in coordination with the Movement Police Liaison Officers shall draw up similar plans based on the same principles above.

273. AMIS Civilian Police, in coordination with the Parties, shall train community police in IDP camps to enable them to effectively perform policing functions in the camps as the basis for a community police force for those IDPs on their return to their home areas.

274. The AMIS Civilian Police in each camp shall submit regular reports to the Joint Commission via the Ceasefire Commission. The reports shall cover the level of security in the camp and a summary of the cases registered and investigated under the monitoring of AMIS civilian police.

Protection of Women and Children

275. The Parties shall release all boys and girls associated with armed forces and groups. UNICEF, UNHCR, and the ICRC shall be called upon to assist in the identification, removal, family unification and reintegration of children associated with armed forces and groups.

276. The Parties, in coordination with the AMIS Civilian Police, the existing international and national humanitarian coordination mechanisms for assistance in IDP camps and the United Nations (including in consultation with representatives of IDPs) shall ensure that women and children in the camp are protected from all forms of violence.

277. In areas of GoS control, the GoS Police shall investigate all crimes, including those committed against women and children, and ensure the prosecution of the perpetrators and the protection of the victims. They shall give the AMIS Civilian Police unimpeded access and information to monitor these activities.

278. AMIS Civilian Police together with GoS Police and Movements’ Police Liaison Officers in their respective areas of control, shall establish separate police counters for the reporting of crimes committed against women, and women police personnel should staff these counters.

279. A significant number of GoS Police, Movements’ Police Liaison Officers and AMIS Civilian Police officers shall be women; they shall have specialist gender units to work with women and children; and all their investigations and monitoring shall include at least one woman.

Review by the Joint Humanitarian Facilitation and Monitoring Unit

280. One hundred days after the signing of this Agreement, the JHFMU shall evaluate the effectiveness of the security measures presented in the previous sections on IDP camps and protection of women and children.

281. In conducting this review, the JHFMU shall assess conditions in the camps and consult the relevant humanitarian agencies with a view to overcoming obstacles to the provision of humanitarian assistance and essential services.

Demilitarisation of Selected Humanitarian Supply Routes

282. The Parties shall not obstruct the free movement of humanitarian vehicles, personnel or goods within Darfur.

283. In consultation with the Parties, the Chairperson of the Ceasefire Commission shall establish Demilitarised Zones along selected humanitarian supply routes in Darfur. A humanitarian supply route shall be selected for demilitarised status based on the criterion that it runs through, or adjacent to, the areas of control/Redeployment Zones of different Parties. The security of a humanitarian supply route that falls exclusively within the area of control/Redeployment Zone of one Party shall be the responsibility of that party.

284. The selected demilitarised humanitarian supply routes shall be indicated clearly on maps agreed by the Parties.

285. The rules governing Demilitarised Zones specified in Paragraphs 264, 265 and 267 of this Chapter shall apply. If requested by humanitarian organisations, the AMIS Force Commander may provide military escort to humanitarian vehicles on demilitarised humanitarian supply routes.

286. The Chairperson of the Ceasefire Commission may establish additional demilitarised humanitarian supply routes as and when he/she deems necessary, in consultation with the Parties.

Nomadic Migration Routes

287. The Parties shall not impede the freedom of peaceful movement of people, goods and services in Darfur, or interfere in any way with the ability of the people of Darfur to pursue any peaceful, traditional form of livelihood.

288. AMIS, in coordination with the Parties, shall develop a plan for the regulation of nomadic migration along historic migration routes. This plan shall fully address

security so as to ensure the safety of nomadic migration for the people of Darfur, including traditional nomads, and shall include detailed maps showing such routes.

289. AMIS, in coordination with the Parties, shall monitor the implementation of the plan referred to in paragraph 288 and on the basis of such monitoring take any additional steps necessary to ensure the safety of nomadic migration for the people of Darfur, including traditional nomads.

ARTICLE 27

DISENGAGEMENT, REDEPLOYMENT AND LIMITED ARMS CONTROL General Provisions

290. The Parties understand that this ceasefire, to be credible, requires appropriate processes of military disengagement, redeployment of forces and limited arms control.

291. In order to achieve a credible ceasefire, which shall enhance security and build confidence, these processes shall take place in incremental steps; in a reciprocal fashion; with appropriate security guarantees; through agreements reached in the Ceasefire Commission; and with verification by AMIS.

292. The Chairperson of the Ceasefire Commission shall be responsible for planning, co-ordination, management and supervision of the processes. He/she shall oversee the implementation of decisions and agreements.

293. The processes shall occur in the following sequence: -

(a)Preparation for disengagement and redeployment including verification.

(b)Phase 1: Disengagement. -

(c)_Phase 2: Redeployment. *

(d)Phase 3: Limited Arms Control. *

294. The Parties shall inform their commanders of all aspects of the plans and rules related to these phases and shall ensure compliance with the rules.

295. The Parties shall inform the Chairperson of the Ceasefire Commission of the exact locations of their forces and shall indicate these clearly on maps. These locations shall be subject to verification by AMIS. This information shall not be disclosed to the Parties.

296. The Parties shall be bound by the Master Map as determined in the first instance by the African Union Mediation and agreed by the Parties, and as may be modified thereafter by the Chairperson of the Ceasefire Commission in consultation with the Parties.

297. The Chairperson of the Ceasefire Commission shall provide the Parties with adjusted maps of the Parties’ respective areas of control, Demilitarized Zones, Demilitarised Humanitarian Supply Routes and Redeployment Zones.

298. The Parties shall be bound by the main rules for movement of troops, arms, munitions and supplies in accordance with the following matrix:

(a)For the movement of armed soldiers, rotation and relief of units, and withdrawal of units from the area, a notification shall be given 72 hours in advance to AMIS and shall be approved by AMIS.

(b)For the movement of Class V and Class VII (munitions and weapons systems) to, within and from the area a notification shall be given 72 hours in advance to AMIS and shall be approved by AMIS.

(c)_For ordinary supplies to and from the area, Class I (food and water), Class II (equipment and medical), Class III (fuel, oil and lubricants) and Class IV (construction materials) only notification to AMIS 72 hours in advance is necessary.

299. Any breach of the rules relating to the disengagement, redeployment and limited arms control processes presented in this Chapter shall be a violation of the ceasefire.

300. Concentration and deployment of forces and utilisation of access routes for the purposes of border protection in Darfur shall be unhindered, subject to notification to and monitoring by AMIS.

Timeframe

301. The phases shall be undertaken according to the following deadlines: -

(a)Preparations including verification shall commence one week after the signing of this Agreement and shall be completed within 30 days.

(b)Phase 1 on disengagement shall commence immediately after the completion of the preparations and shall be concluded within 45 days.

(c)_Phase 2 on redeployment shall commence immediately after the completion of Phase 1 and shall be concluded within 45 days.

(d)Phase 3 on limited arms control shall commence immediately after the completion of Phase 2 and shall be concluded within 30 days.

302. AMIS shall be responsible for verifying completion of the phases. *

303. The Chairperson of the Ceasefire Commission, in consultation with the Parties, may modify the commencement dates and the deadlines where he/she considers this to be necessary. This may include accelerating the implementation of the phases in any specific sector and implementing the phases continuously where this can be achieved.

304. The Chairperson of the Ceasefire Commission shall attach deadlines to the various activities that must be undertaken in each of the phases.

Preparation for Disengagement and Redeployment Decision-making and communication

305. In preparing for disengagement and redeployment, the Ceasefire Commission shall endeavour to make decisions and resolve disputes by consensus.

306. Where the Parties are unable to reach consensus, the Chairperson of the Ceasefire Commission shall raise the dispute to the Joint Commission to make a decision in the best interest of disengagement and the security of civilians in Darfur. The Parties shall be bound by these decisions.

307. The Chairperson of the Ceasefire Commission shall ensure that all decisions and agreements relating to Demilitarised Zones, Buffer Zones and the Parties’ respective areas of control and Redeployment Zones are demarcated clearly on maps with precise GPS co-ordinates. He/she shall ensure that the Parties have the same maps with the same demarcations.

308. The Ceasefire Commission shall record its decisions in annexures that it shall attach to this Agreement.

309. The AMIS Force Commander shall establish a communications system and procedures for effective and reliable communication between AMIS and the Parties.

Verification

310. AMIS shall verify the information provided by the Parties as disclosed to the AU Mediation and the Ceasefire Commission concerning the locations of their forces. The exact position of each unit shall be verified. This information shall be confidential throughout the preparatory and disengagement phases, with access within the Ceasefire Commission restricted to the Chairperson of the Ceasefire Commission.

Plans

311. The AMIS Force Commander shall form an Implementation Team consisting of AMIS, representatives of the Parties, and international partners as appropriate. The Team shall visit all positions (with the appropriate Party member only) occupied by GoS forces of a battalion size or larger, and all command posts of the Movements, in order to provide information to GoS officers and Movements’ commanders, and plan for the implementation of this Agreement.

312. The Parties shall submit to the Ceasefire Commission a list of the other armed groups and militia that are aligned to them and subject to their influence and shall indicate the location of these groups and the measures taken to control and/or neutralise the undisciplined militia.

313. The GoS shall present a redeployment plan to the Ceasefire Commission for all phases of the implementation of the Ceasefire.

314. The GoS shall present to the Ceasefire Commission a comprehensive plan for neutralising and disarming the Janjaweed/armed militia specifying actions to be taken during all phases of the Ceasefire. This plan shall be presented before the beginning of Phase 1 (i.e., within 37 days of the signing of this Agreement) and implemented within the timeframes specified in this Agreement.

315. This plan shall include milestones to be achieved by the GoS and certified by AMIS in accordance with the timelines in this Agreement. These milestones shall include, but not be limited to, the following:

a. The GoS shall restrict all Janjaweed/armed militia and PDF to their headquarters, garrisons, cantonment sites or communities and take other steps to contain, reduce and ultimately eliminate the threat posed by such forces.

b. The GoS shall completely disarm the above forces of heavy weapons.

c. Consistent with Article 30, paragraph 457, the GoS shall ensure that no Janjaweed/armed militia pose a threat to the Movements’ assembly and disarmament.

316. This plan shall include the responsibility of the GoS to prevent violations of the Ceasefire by the above forces, including through immediate disarmament and demobilization of such forces.

317. The GoS, with support from AMIS, shall take all other steps required to completely eliminate the threat posed by Janjaweed/armed militia to the civilian population and ensure compliance with the Ceasefire.

318. The Ceasefire Commission shall draw up maps that indicate the exact positions of Buffer Zones, Demilitarised Zones and respective areas of control and Redeployment Zones for the various phases of the implementation of the ceasefire.

319. In consultation with the UN and the Parties, the AMIS Force Commander shall develop a plan for demining during disengagement and redeployment.

Policing

320. The GoS, in coordination with AMIS shall develop a plan for policing of GoS- controlled areas of Darfur. The AMIS Civilian Police Commissioner in coordination with the Movements Police Liaison Officers shall develop a plan for the policing of the areas in which this Agreement recognizes the Movements’ control. AMIS in coordination with the GoS Police and Movements’ Police Liaison Officers shall develop a plan for the policing of Buffer Zones and Demilitarized Zones. These plans shall be monitored by AMIS.

321. The plans shall include the following: -

(a)Policing strategies considering the social, economic, and political factors in Darfur.

(b) Arrangements for providing police service to the community during the implementation phase of this agreement.

(d) The roles and training requirements of the GoS Police, Movement Police Liaison Officers, AMIS Civilian Police, AMIS Force Protection, community police and other bodies in relation to these strategies.

(e) A strategy for dealing with armed bandits and outlaws.

(f) The functions to be taken by community police in IDP camps.

(g) The roles of traditional leaders and local authorities.

322. In the following Zones, executive policing shall be conducted in the following Forr

(a) In Demilitarised Zones in areas of GoS control, GoS Police shall exercise powers of executive policing, under AMIS monitoring. Movement Police Liaison Officers shall perform policing functions in Demilitarised zones in areas in which this Agreement recognizes the Movements’ control.

(b) In Buffer Zones that separate the GoS and the Movements, GoS Police shall exercise powers of executive policing in coordination with the Movements’ Police Liaison Officers and in accordance with the agreed plan, under AMIS monitoring. There shall be joint patrols of GoS and Movements’ Police Liaison Officers under the monitoring of AMIS Civilian Police.

(c) In Demilitarised Zones in areas in which this Agreement recognizes the Movements’ control, and Buffer Zones that separate the forces of different Movements, AMIS Civilian Police shall mount patrols in coordination with the Movements’ Police Liaison Officers.

Phase 1: Disengagement

Summary of Main Steps

323. The process of disengagement shall encompass the following main steps: -

(a) The movement and activities of the Parties’ forces shall be limited to the Parties’ respective areas of control.

(b) As described in Article 26 of this Agreement, the Chairperson of the Ceasefire Commission shall establish Demilitarised Zones around the IDP camps and along selected humanitarian supply routes.

(c) In consultation with the Parties, the Chairperson of the Ceasefire Commission shall establish Buffer Zones in the areas of most severe conflict.

(d) AMIS shall monitor and patrol the Buffer Zones. «■

(e) The Parties shall ensure that the armed groups and militia in their respective areas of control comply with the ceasefire.

324. These steps are described more fully below. *

Limitation to Respective Areas of Control

325. In the interests of disengagement, confidence-building and enhanced security, the Parties shall limit their forces and military activities to their respective areas of control.

326. Within their respective areas of control, the Parties shall establish a command post with responsibility for command and control over the forces in that area. The command post shall have the necessary communication and liaison capabilities.

327. During the preparations for disengagement and redeployment, the Chairperson of the Ceasefire Commission, in consultation with the Parties, shall determine the boundaries of the Parties’ respective areas of control. The boundaries shall be indicated clearly on maps.

Establishment of Buffer Zones

328. In the interests of disengagement, confidence-building and enhanced security, the Chairperson of the Ceasefire Commission, in consultation with the Parties, shall establish Buffer Zones in the areas of most intense conflict. The boundaries of the Buffer Zones shall be indicated clearly on maps.

329. A Buffer Zone shall be an area in which the following rules apply: *

(a) There shall be no forces of any Party and no other armed groups and militia.

(b) There shall be no military activities conducted by any Party or any armed group or militia.

(c)_There shall be no carrying of weapons by any person who is not a member of AMIS, except in accordance with the provisions for policing contained in this Agreement.

(d) AMIS shall monitor GoS Police policing activities, except in Buffer Zones specifically established to separate the forces of different Movements, in which case policing shall be performed by the Movements’ Police Liaison Officers and monitored by AMIS Civilian Police.

Responsibilities of AMIS

330. AMIS shall monitor the Parties’ compliance with the rules of disengagement and the rules of the Buffer Zones.

331. The AMIS Force Commander shall develop a plan for patrolling and Forr monitoring the Buffer Zones and shall oversee the implementation of the plan. ^Num

332. The Buffer Zones shall be patrolled and monitored by Joint Monitoring Teams comprising AMIS Military Observers and Party Monitors.

333. The GoS Police in coordination with the AMIS Civilian Police and Movements’ Police Liaison Officers shall develop the plan for policing in the Buffer Zones and AMIS police shall monitor the implementation of the plan.

Compliance with the Ceasefire by Other Armed Groups and Militia That Are Not Parties to This Agreement

334. Within their respective areas of control, the Parties shall endeavour through non-military means to ensure compliance with the ceasefire by other armed groups and militia that are not parties to this Agreement, including negotiations, mediation and traditional forms of conflict resolution; enlisting the support of traditional leaders and local authorities; and arms control methods, including registration of arms, storing of arms and restrictions on carrying of arms.

335. The Parties shall submit monthly reports on their endeavours to the Ceasefire Commission. They shall indicate which armed groups and militias have agreed to comply with the ceasefire and which have refused to comply with the ceasefire.

336. In consultation with the Parties, the Chairperson of the Ceasefire Commission shall determine the most appropriate strategies for dealing with the armed groups and militia that do not comply with the ceasefire and present this plan to the Joint Commission for approval and submission to the AU Peace and Security Council for its decision.

337. In addition to the non-military means described above, these strategies shall include interdicting supplies of arms and ammunition; the creation of additional buffer zones; concentrated deployment of AMIS personnel; strengthening the capabilities of AMIS; forcible disarmament; and robust protection by AMIS of civilians, humanitarian organisations and humanitarian supply routes.

Actions with Respect to Janjaweed/armed Militia

338. The GoS shall neutralise the threat posed by the Janjaweed and armed militia in areas of GoS control. This shall include confining them and controlling their movement within strictly limited locations. Details of these activities shall be provided to AMIS.

339. In coordination with AMIS and the Ceasefire Commission, the GoS shall take the necessary robust action against Janjaweed/armed militia according to the approved plan.

340. AMIS shall verify the neutralisation of these Janjaweed/armed militia in conformity with the agreed plan.

Foreign Combatants in Darfur

341. The GoS shall fulfil its responsibility to ensure that any foreign combatants present on Sudanese territory respect this Agreement at all times when they are present in Darfur.

342. The Parties take note of the provisions of the Tripoli Agreement of 8 February 2006 and especially Article 4, which provides that the GoS should ban the presence and stay of rebel elements from the Republic of Chad on the Territory of Sudan.

(a) The Parties appreciate the threat and menace that foreign insurgency groups pose on the security and stability of Sudan and neighboring countries.

(b) The Parties shall work together to disarm, repatriate, or expel these groups as soon as possible.

343. AMIS shall investigate any reports of violations of the ceasefire by foreign combatants. The Tripoli Mechanism shall be notified of these investigations.

344. In conformity with the decision of the African Union Peace and Security Council, AMIS shall support the Task Force established to implement the Tripoli Agreement.

Phase 2: Redeployment Summary of Main Activities

345. The process of redeployment shall encompass the following main activities:

(a) In consultation with the Parties, the Chairperson of the Ceasefire Commission shall establish Buffer Zones and Redeployment Zones.

(b) The Parties shall redeploy their forces and weapons away from the Buffer Zones and into their respective Redeployment Zones.

(d) Persons detained in relation to the armed conflict in Darfur and child soldiers shall be released.

(e) Control of the Janjaweed/armed militia shall continue, and disarmament of the Janjaweed/armed militia shall begin.

(f) Restoration of basic services shall begin.

346.

These activities are described further below.

Redeployment Zones and Buffer Zones

347. The Redeployment Zones and Buffer Zones shall be indicated clearly on maps agreed by the Parties.

348. In consultation with the Parties, the Chairperson of the Ceasefire Commission shall exactly determine and subsequently may adjust the boundaries of the Parties’ respective Redeployment Zones.

349. In consultation with the Parties, the Chairperson of the Ceasefire Commission shall establish Buffer Zones between the Parties’ Redeployment Zones. The rules of the Buffer Zones are described above.

350. The GoS shall withdraw its forces to battalion-size positions, except for strategic/key installations/infrastructure and specified urban security perimeters. The Movements shall withdraw any positions that fall outside their Redeployment Zones.

351. The Parties shall redeploy their forces and weapons away from the Buffer Zones and into their respective Redeployment Zones.

352. The GoS shall ensure that in any area in which the Movements are required to redeploy, the Janjaweed/armed militia are fully neutralised, which shall be verified by AMIS.

353. A Redeployment Zone shall be defined as a geographic area in which a Party limits its forces and weaponry for a temporary period pending the completion of all phases of the final security arrangements. A Redeployment Zone may not be entered by another Party without prior permission, and is subject to the following rules:

(a) No Party may deploy its forces and weaponry outside its Redeployment Zone without the written permission of the AMIS Force Commander or her/his delegate.

(b) No armed or uniformed individual from one Party may enter the Redeployment Zone of another Party without the express consent of that Party and the AMIS Force Commander. The Force Commander may insist that such entry be accompanied by an AMIS escort.

354. The GoS shall redeploy its artillery, armoured personnel carriers, anti-tank weapons and mortars to Brigade Headquarters. AMIS shall monitor these sites. The SLM/A and JEM shall withdraw their artillery, anti-tank weapons and mortars to their respective sector Command Headquarters. AMIS shall monitor these sites.

355. GoS has undertaken to disarm the Janjaweed/armed militia in accordance with this Agreement. In the case where GoS is required to move the equipment

referred to above in paragraph 354 for these purposes, it shall provide prior notification to AMIS.

356. Within their respective Redeployment Zones, the Parties shall establish a command post with responsibility for command and control over the forces in that Zone. The command post shall have the necessary communication and liaison capabilities.

Determination of the Boundaries of the Zones

357. When determining the exact boundaries of the Redeployment Zones and the Buffer Zones, or adjusting those boundaries, the Chairperson of the Ceasefire Commission and the Parties shall take account of the following:

(a) The placement of major human settlements, humanitarian supply routes, historic nomadic migration routes, the placement of IDP camps and Demilitarised Zones, and other humanitarian considerations.

(b) The necessity for the Redeployment Zones of different Parties to be separated by Buffer Zones of adequate distance.

(c)_The necessity to minimise any security risks posed by redeployment.

(d) The necessity to build the Parties’ confidence in redeployment. -

358. The boundaries of the Redeployment Zones and the Buffer Zones shall be fixed clearly on maps.

AMIS

359. AMIS shall verify the Parties’ compliance with the agreements and decisions relating to redeployment.

360. AMIS shall monitor the Parties’ compliance with the rules of the Redeployment Zones and the Buffer Zones.

361. The AMIS Force Commander shall develop a plan for patrolling and monitoring the Buffer Zones and shall oversee the implementation of the plan.

362. The Buffer Zones shall be patrolled and monitored by Joint Monitoring Teams comprising AMIS Military Observers and Party Monitors.

Regulation of Border Activities

363. Mindful of the obligations of the Government of Sudan and its neighbouring States to respect all relevant provisions of international law, including especially the prohibition on allowing the national territory to be used for launching military attacks against another State, and the prohibition on the passage of arms across the international border, the sovereign right of the GoS to control its national borders is affirmed. This right shall be exercised in a manner consistent with the obligations in this Agreement. Actions taken by GoS to protect its international borders shall require prior notification to AMIS.

Release of Detainees

364. The Parties shall unconditionally release all persons detained in relation to the armed conflict in Darfur, other than persons convicted through the due process of law as stipulated in paragraph 6 of UN Security Council Resolution 1556 of 2004.

365. The Ceasefire Commission shall facilitate the release of all persons detained in relation to the armed conflict in Darfur and shall request the assistance of the International Committee of the Red Cross.

Disarmament of Janjaweed/armed Militia

366. The GoS shall ensure that Janjaweed/armed militia in areas of GoS control shall not be active in areas of civilian habitation and IDP camps or move into the areas in which this Agreement recognizes the Movements’ control to disrupt their redeployment.

367. The GoS shall implement the relevant stages of its plan for neutralising, controlling and disarming the Janjaweed/armed militia in its areas of control. Its operations shall be conducted in coordination with AMIS and with prior notification to the Ceasefire Commission. This stage of the plan shall include:

(a)Enforcement operations in selected localities with the intent of apprehending and disarming.

(b) Confiscation of heavy and long-range weapons systems, crew-* operated weapons and motor vehicles.

(c)_Prosecutions and punitive actions against criminal elements. -

(d) Any other such actions as are contained in the plan and agreed by the Ceasefire Commission.

368. AMIS shall verify the above measures. Restoration of Essential Services

369. GoS shall restore personnel and funding of governmental services in areas in which they have been interrupted due to the conflict, including education, health,

water, veterinary services, agricultural extension, forestry, road maintenance and posts and telecommunications, with special attention to the specific needs of women. This shall be consistent with the provisions of the Chapter on Wealth- Sharing. The Movements shall cooperate in the restoration of such services.

Phase 3: Limited Arms Control

370. Following the Parties’ redeployment into their respective Redeployment Zones, and the implementation of the relevant stages of the plan for neutralisation and disarmament of the Janjaweed/armed militia, the Parties shall hold their long- range weapons systems, heavy artillery, crew-assisted weapons and related ammunition in designated secure locations subject to inspection by AMIS at the unit level. GoS Brigade and Division Headquarters shall be visited. The Movements’ main headquarters and sector headquarters shall be visited.

371. In consultation with the Parties, the Chairperson of the Ceasefire Commission shall oversee this arms control process; identify precisely the weapons and ammunition that have to be held subject to the inspection of AMIS; designate the locations and determine the requirements and procedures for holding and inspection/visiting.

372. In consultation with the Parties, the Chairperson of the Ceasefire Commission shall select assembly areas for the Movements’ forces and shall begin preparations for assembly of the Movements’ combatants, as specified in detail in Section B of this Chapter.

Verification by AMIS

373. In all the phases of preparation, disengagement, redeployment and limited arms control, AMIS shall be responsible for verifying compliance by the Parties with the agreements and decisions of the Ceasefire Commission and the decisions of the Chairperson of the Commission.

374. AMIS shall present verification reports to the Ceasefire Commission on a regular basis and shall immediately alert the Commission to any breach of the rules and any violation of the ceasefire.

375. AMIS shall monitor the obligations of the GoS to refrain from any offensive military flight in or over Darfur. For this purpose the SOMA is applicable, governing access to all airports and related facilities in Darfur.

376. The Parties shall be committed not to use AMIS insignia and flags. The Ceasefire Commission shall regard any breach of obligations in this regard as an extremely serious violation of the ceasefire.

ARTICLE 28

NON-MILITARY LOGISTIC SUPPORT TO THE MOVEMENTS

377. When the forces of the Movements have been redeployed, the Movements may request non-military logistical support and communications equipment for their forces. Such requests shall be considered by the Ceasefire Commission.

378. At the request of the Joint Commission, the AU shall solicit and garner support from the international donors and organisations for non-military logistic supplies, communications equipment and funding for such supplies for the forces of the Movements.

379. The Movements may request non-military logistic support when they have undertaken the following activities to the satisfaction of the AMIS Force Commander:

(a)Redeployed their forces and weapons. *

(b)Held their long-range weapons systems, heavy artillery, crew-* assisted weapons and related ammunition to designated secure locations subject to the inspection of AMIS.

(c)_Registered with AMIS their combatants and determined the number, age and gender of the combatants requiring support.

380. The AMIS Force Commander may suspend supplies to any zone or area where a faction or Movement committed a reported and verified ceasefire violation. The matter shall immediately be referred to the Ceasefire Commission for resolution.

381. AMIS shall establish a Logistics Co-ordination Committee (LCC) that shall be responsible for supervising and co-ordinating logistic support to the Movements’ forces. The LCC shall report to the Ceasefire Commission.

382. The terms of reference of the LCC shall include the following: «–

(a) Gather and collate data on the logistic and communications requirements of the Movements’ forces.

(b)Receive and store logistic supplies from international donors. *

(c)_Place orders for logistic supplies in appropriate quantity and quality with the AMIS Chief Administrative Officer, who shall be responsible for procurement.

(d)_Distribute logistic supplies to the Movements’ forces through distribution points or centres in the Redeployment Zone.

(e)_Determine the rules and procedures that govern the provision of non-military logistic supplies and communications equipment to the Movements’ forces.

383. The LCC shall comprise the Deputy Force Commander (DFC), the Chairperson, Chief Joint Logistic Operation Centre (CJLOC), Chief Administrative Officer, Representative of Parties, the donors and the UN.

384. The Parties shall co-operate with the LCC, AMIS and any other body agreed by the Parties that is involved in the provision of logistic support to the Movements.

385. The LCC shall determine and verify the Movements’ logistic requirements in relation to the following:

(a) Rations. -

(b) Water.

(d) Medical supplies. -

(e) Clothing.

386. In order to facilitate the delivery of logistic support, the LCC shall establish distribution points and centres in the Movements’ Redeployment Zone.

387. The Parties shall ensure that the logistic supply routes established by the LCC are free from hostilities. The LCC shall give the Parties due notice of the movement of supplies.

388. AMIS shall provide an escort for supply convoys moving from depots to distribution points and centres.

SECTION B: FINAL SECURITY ARRANGEMENTS FOR DARFUR

ARTICLE 29 Purpose

389. This Section_provides for integration, disarmament, demobilization and social and economic reintegration and the reform of selected national security institutions.

Integration of Former Combatants into National Security Institutions

Darfur Security Arrangements Implementation Commission

390. The Transitional Darfur Regional Authority (TDRA) shall immediately establish a Darfur Security Arrangements Implementation Commission (DSAIC), which shall be a subsidiary body of the TDRA and coordinate the implementation of this Section.

391. The DSAIC shall establish such subsidiary bodies as it deems necessary to fulfil its functions for security forces integration; former combatant disarmament and demobilization; and social and economic reintegration of former combatants.

392. DSAIC members shall include the Governors of the three Darfur States, a representative of the Chief of Staff of the SAF, a representative of the National Council for DDR Coordination, three representatives nominated by the Movements, a representative of the Joint Commission, representatives of the AMIS and the Chairperson of the Security Advisory Team referred to below and other persons required to implement integration. The Chairperson of the DSAIC shall be appointed accordance with Article 8, paragraph 66 (e) of Chapter 1.

393. Any subsidiary bodies established by the DSAIC shall include representatives from the groups that make up the membership of the DSAIC.

394. Women shall be fairly represented on the DSAIC and any subsidiary bodies it establishes. These bodies shall develop mechanisms to ensure that their work incorporates appropriate input from women on issues of special concern to women and children.

Security Advisory Team

395. In order to build confidence and guarantee fairness, the GoS, in coordination with the other Parties, shall establish a Security Advisory Team (SAT) staffed by technical experts from a country or countries acceptable to the Parties, or from an international or regional organization, to support the integration of former combatants and the restructuring of selected security institutions.

396. The GoS shall provide adequate financial and logistical support to the SAT and may seek to mobilize international community to assist in providing such support.

397. The SAT shall be led by a General Officer to support and advise the DSAIC in its designing, planning, implementing, managing, monitoring, and verifying of the integration of former combatants into selected security institutions. The SAT shall conduct its activities in consultation with AMIS and other appropriate bodies.

398. The SAT shall be available to help DSAIC mediate any disputes among the Parties regarding the integration of former combatants.

Principles for Integration of Former Combatants into Security Institutions

399. The DSAIC, in consultation with the Parties, shall establish the Technical Integration Committee (TIC) to design, plan, implement, manage, and monitor the integration of former combatants. The TIC shall develop the Integration of Former Combatants Plan (ICP) within 60 days of its establishment. The TIC shall comprise representatives from the Movements, the SAF, the SAT, AMIS, and other technical advisors chosen by the DSAIC. Representatives of the Movements and the SAF shall serve as co-Chairpersons of the TIC.

400. The integration process shall be designed and undertaken in a manner that contributes to the professionalism, inclusiveness, and capabilities of Sudan’s security institutions, without discrimination on the basis of gender. The integration process shall be completed within sixteen months covering conventional training, but not post basic or upgrade training.

401. The GoS shall make positions available to former combatants on the basis of a rank structure, and senior positions shall be included as appropriate. Taking into account the availability of accelerated officer training, the TIC shall recommend a specific number of former combatants to fill senior and supporting positions at SAF

General Staff HQ, SAF Western Command HQ, the Ministry of Defense, the Directorate of Military Intelligence, and equivalent police HQ on the basis of qualifications, experience, and institutional needs. Special attention shall be paid to the integration of female former combatants.

402. The GoS shall arrange for or provide former combatants with support and training, including accelerated training where necessary, to ensure that they meet the requirements of their rank, functions and potential promotion.

403. The GoS may request the African Union, its member States, and international partners to offer training in their training institutions to former combatants, including senior officers, non-commissioned officers, soldiers and other specific security force training as appropriate for their functional expertise.

404. Following their integration, former combatants shall be posted to units serving in Darfur for at least five years immediately following their integration.

405. Newly integrated former combatants shall not be released from government service as a result of any reductions of force levels coincident to security sector reform or other downsizing requirements during their first five years of service.

406. Former combatants who have previously served as Police officers shall be given preferential treatment for returning to the Police force at their former rank.

407. Former combatants and non-combatants under the age of 18 shall not be accepted into any of the Sudanese national security institutions.

The Integration of Former Combatants Plan (ICP)

408. The Parties agree that the ICP shall provide for integration, subject to reasonable and fair eligibility criteria relating to age and fitness for service:

(a) 4000 former combatants from the Movements’ forces shall be integrated into the SAF. Integration shall take place on a sequential basis by AMIS sector, in accordance with sequencing procedures to be developed by the TIC. These procedures shall prioritise integration in those areas where the majority of current IDPs and refugees previously lived.

(b) Priority shall be given to the re-absorption of former combatants who previously served in the SAF and who left service or were dismissed as a result of the conflict in Darfur. These former combatants shall enter the SAF at their former rank.

(c) 1000 former combatants from the Movements shall be integrated into Sudanese National Police Force and other security institutions of the Sudan, particularly the Border Guards and the Popular Defence Forces (PDF). In exceptional circumstances, formed units may be integrated in to such security institutions.

409. In addition to the numbers above, 3000 former combatants shall be supported through specific education and training programs developed in coordination with the Movements. Such programs shall be established and operate consistent with the provisions on economic and social support for reintegration contained in this Chapter.

410. Former combatants shall comprise approximately 33% of newly integrated battalions. In areas to be agreed, former combatants shall comprise up to 50% of newly integrated battalions. All former combatants shall be integrated into such battalions in groups of approximately 100-150 former combatants.

411. Integrated Division, Brigade and Battalion HQs shall be established through the assignment of individual officers, NCOs and soldiers. Former combatants shall comprise approximately 20% of HQ personnel.

a. One Brigade commander shall be a former combatant.

b. One of every three Battalion commanders shall be a former combatant; each battalion commanded by current SAF personnel shall have a former combatant as the deputy commander, and vice versa.

412. Personnel assigned to each battalion shall be provided four to six months of individual and collective training.

413. Total SAF personnel strength in Darfur shall not be increased as a result of integration. The size, capability, and mandate of the SAF shall be reviewed in accordance with paragraphs 446 and 447.

414. The ICP shall specify that appropriate security forces shall provide integration plans, guidance and timelines. Integration plans provided by the specified security forces shall require review and approval by the DSAIC.

415. If formed units are integrated into the security institutions referred to above, the ICP shall include implementation guidance and timelines for the restructuring of formed units into conventional units and deployment to GoS garrisons.

416. The ICP shall take into account the special needs of female former combatants.

Assembly, Disarmament, and Demobilization of Former Combatants

General Provisions

417. Assembly of the Movements’ forces shall begin immediately after the completion of Phase 3 of the Comprehensive Ceasefire and Final Security Arrangements, subject to AMIS’s verification of the disarmament of the Janjaweed/armed militia. Assembly shall be completed in 60 days after the completion of Phase 3.

418. The Assembly of the Movements’ forces for disarmament and demobilization shall be conducted in parallel with the initiation of programs for reform of selected security institutions.

419. During Phase 3, AMIS, in consultation with the Parties, shall develop a plan for Assembly sites to include:

(a) The size, number and locations of Movement Assembly sites.

(b) Desired characteristics of the Assembly sites, taking into account the specific needs of female former combatants.

420. The GoS shall provide adequate funding and non-military logistics to support Assembly of former combatants, and may seek to mobilize appropriate international organizations in order to help secure financial, technical, logistical and other support for the Assembly, Disarmament, and Demobilization processes.

421. Former combatants’ relocation to final Assembly sites, and the Assembly sites themselves, shall be monitored by AMIS. The Parties agree to provide AMIS with unhindered access to all Assembly sites.

422. The Movements shall be responsible for the administration, discipline and internal security of former combatants in the Assembly sites.

423. Prior to completion of disarmament, individual former combatants shall not travel outside the Assembly sites with weapons. Travel outside of Assembly sites by former combatant units shall require at least 72 hours advance notice to AMIS and approval by AMIS.

Disarmament and Demobilization

424. The DSAIC or other subsidiary body established by DSAIC shall develop a plan that specifies the timing, sequencing and processes of disarmament and demobilization of former combatants.

425. The Movements shall conduct disarmament and demobilization with the assistance of AMIS and other international partners.

426. The Parties shall ensure that while former combatants are assembled, disarmament and demobilization shall take place in accordance with the following:

(a) Awareness orientation, sensitisation and training of commanders and their forces on DDR, the peace process and their respective roles and responsibility.

(b) The Parties agree to the eligibility criteria for the disarmament process annexed to this Agreement for those combatants that will not be integrated.

(c) Before their destruction, storage of weapons shall be in containers at designated locations under dual lock, with the Movements in control of one key and AMIS in control of the other key.

(d) Registration, screening and categorization of Movement Forces shall be conducted prior to demobilization.

(e) Demobilization and reinsertion of disabled combatants shall commence immediately.

427. The demobilization process shall start after the disarmament process and be linked to integration and social and economic reintegration. The process shall be executed in the Movements’ Assembly sites and shall be conducted under the control of AMIS.

428. The demobilization shall include former combatants, including female former combatants.

429. The GoS shall fully complete the downsizing it began in August of 2004 of the PDF and Border Guard units that were inducted into service in response to the conflict in Darfur and shall disarm and demobilize the members of the downsized units. The GoS shall disclose the size and strength of these forces as of August 2004 to the CFC as a benchmark for its monitoring.

430. The Parties agree that former combatants under the age of 18 shall not be moved to Assembly sites but shall instead be disarmed and demobilized separately and that child disarmament and demobilization shall commence immediately after the signing of this Agreement.

Social and Economic Reintegration of Former Combatants General Provisions

431. With the assistance of international partners, the GoS shall ensure that all former combatants who wish to return to civilian life or do not meet the eligibility criteria for entry into the SAF and selected security institutions are properly supported through social and economic reintegration programs.

432. The GoS shall ensure that all demobilized members of the SAF and demobilized members of the reformed security institutions who are from Darfur are also properly supported through social and economic reintegration programs.

433. Fairness, transparency and consistency shall be ensured in determining the eligibility of former combatants targeted for assistance.

434. Former combatants shall be treated equally irrespective of their previous Movements’ affiliations. They shall also be empowered by provision of training and information to voluntarily choose their path to reintegration. The reintegration process shall be community based and benefit both returnees and local communities.

435. Reintegration efforts shall be designed to be sustainable over the long-term and include follow-up monitoring and continuing support measures as needed.

436. The reintegration program shall encourage the participation of the communities and civil society organizations with the view to strengthening their capacity to play their role in improving and sustaining the social and economic reintegration of former combatants.

437. The GoS shall provide adequate financial and logistical support to reintegrate former combatants and may seek to mobilize such support from the international community.

438. Specific resources shall be mobilized and set aside to address the special reintegration needs of women, and these resources shall be administered separately by a mechanism capable of effectively performing this function.

Institutions and Planning for Reintegration

439. The DSAIC or a subsidiary body established by the DSAIC shall develop a Reintegration Plan, which is closely linked to the plans for disarmament and demobilization of former combatants.

440. The Reintegration Plan shall address:

(a) Objectives of the reintegration program as a component of the national strategic plan for reconciliation, reconstruction and development.

(b) Program framework, mechanisms, timelines, and technical support for the reintegration processes.

441. DSAIC or a subsidiary body established by it shall coordinate its efforts with the Darfur Rehabilitation and Reconstruction Fund and may seek support from international donors.

Reintegration Special Needs

442. The Reintegration Plan shall develop specific programs for former combatants under the age of 18; female former combatants; and disabled former combatants.

443. Specific programs shall be developed to address the particular reintegration

needs of children, especially orphans of combatants.

444. UNICEF and other child protection organizations shall be called upon to support and assist in the identification, removal, family reunification and reintegration of children associated with armed forces and armed groups.

445. Specific programs shall be developed to address the particular reintegration needs of women, especially widows of former combatants.

Reform of Selected Security Institutions (RSSI) General Provisions

446. Reform shall include, but not be limited to, the following security institutions, particularly those that have expanded or changed composition or mandate during the conflict in Darfur:

(a) The Popular Defense Forces;

(b) The Border Intelligence Units;

(i) The Popular Police;

(ii) The Nomadic Police.

(d) Sudan Armed Forces

447. Reform of selected security institutions shall be in accordance with the following:

(a) Their size, capability and mandate shall be commensurate with the tasks to be performed by them and shall give special consideration to the needs of Darfur.

(b) They shall be administered on the basis of impartiality and professionalism.

(c) Their membership shall be based on merit and fitness without regard to ethnicity or political leanings, with fair representation from all groups.

(d) They shall be subject to civil oversight and legal accountability.

(e) They shall include women in all ranks and shall have specific

sections to address the particular needs of women and children with respect to personal security and law enforcement.

(f) Their members shall perform their duties in a manner designed to gain the confidence of all the communities that they serve and the people of Darfur.

Institutions and Planning for Reform

448. With a view to reducing lawlessness and strengthening the rule of law in Darfur, DSAIC shall review and make recommendations to the TDRA for each security institution.

449. The GoS, in coordination with the Movements, shall implement those recommendations approved by the TDRA.

Police Capacity Building

450. The GoS Police Force for the three States of Darfur shall be professional, impartial and representative of the communities of Darfur and operate in accordance with accepted (international) standards.

451. Within 60 days of the signing of this Agreement, the DSAIC shall initiate a comprehensive review of policing in Darfur, with the aim of making specific recommendations to the TDRA to improve the effectiveness and professionalism of the police, in particular their ability to respond to, take into account, and address the special needs of women.

452. The comprehensive review shall address police organizational structures, management, command and control, selection, recruitment, training, professional development, human rights issues, accountability and the relationship between police and communities. Recommendations from this review shall be submitted to the TDRA and State Governments for action.

Control of Civilian and Community Arms

453. As part of their commitment to a lasting and stable peace in Darfur, the Parties shall advance and continue long term efforts in the area of control of civilian and community arms. This shall be included as an item for consideration as part of the Darfur-Darfur Dialogue and Consultation.

ARTICLE 30

SEQUENCING AND TIMELINES

Sequencing and Timeline Guidelines

454. The correct sequencing of activities is essential to ensure mutual confidence building among the Parties.

455. Darfur communities have an important role in the implementation and shall be consulted extensively.

456. The detailed plans developed by the DSAIC shall provide the final sequencing and timelines to accomplish the programs outlined in this Agreement.

457. Phases and Timelines:

(a) Phase 4 (begins immediately upon completion of Phase 3 and is

completed within sixty days)

(i) Disarmament of the Janjaweed/armed militia is verified to be complete.

(ii) Assembly of the Movements’ forces.

(b) Phase 5 (begins immediately upon completion of Phase 4 and is

completed within 16 months)

(i) Integration of former combatants into SAF and GOS security institutions.

(ii) Reform of selected Darfur security institutions, including the downsizing and reintegration of former members.

(iii) Initial recruitment and training of reformed GoS police forces to improve effectiveness and professionalism.

(iv) Initiation of disarmament, demobilization, and social and economic reintegration.

completed within 12 months)

(i) Completion of social and economic reintegration of former combatants.

(ii) Completion of processes of reform of selected security institutions.

CHAPTER FOUR: DARFUR-DARFUR DIALOGUE AND CONSULTATION

ARTICLE 31 Definition

458. The Darfur-Darfur Dialogue and Consultation (DDDC) shall be a conference in which representatives of all Darfurian stakeholders can meet to discuss the challenges of restoring peace to their land, overcoming the divisions between communities, and resolving the existing problems to build a common future.

General Principles

459. In light of the fact that a just and durable solution to the conflict in Darfur requires communal reconciliation above and beyond what is possible at the Inter- Sudanese Talks on the Darfur Conflict, convened in Abuja, and the resulting Agreement, the DDDC provides a mechanism to connect this Agreement to social and political issues in Darfur so that social mechanisms traditionally established to resolve conflicts can play their role in creating and sustaining social peace. The DDDC is an opportunity for the Movements to present their political agenda to the people of Darfur and thereby make an investment in peaceful political processes. Furthermore, the DDDC broadens the insufficient representation of Darfurians in Abuja, providing an opportunity for other parties to become involved in the process of the implementation of this Agreement.

460. The DDDC shall be organized pursuant to the Declaration of Principles of 5 July 2005. The DoP reads: “Agreements reached by the Parties shall be presented to the people of Darfur to secure their support through Darfur-Darfur Dialogue and Consultation.”

461. The DDDC shall serve as a mechanism for mobilizing support for this Agreement and implementing it by:

(a) Publicizing this Agreement and not to reopen it for further negotiation;

(b) Deepening this Agreement by addressing challenges of local peace and reconciliation issues;

(c) Discussing and building consensus on the main outstanding issues concerning the citizens of Darfur regarding the causes of conflict, insecurity, restoration of social fabric and a common future for all;

(d) Providing a forum for the Parties to jointly address their responsibilities in implementing their commitments to this Agreement; and

(e) Bringing other stakeholders into the Darfur peace process with special consideration for active and visible participation by women and the youth.

462. The DDDC shall seek to mobilize support for this Agreement and to secure mechanisms for implementing it among the people of Darfur through providing ownership of this Agreement.

463. The DDDC shall lay the foundation for ongoing democratic participation for representation for the people of Darfur.

464. The Parties underscore that the DDDC is an integral part of the Abuja peace process. The Parties shall accord the DDDC due respect by ensuring its autonomy; they shall resist from using it as a means for pursuing short-term political gains for political expediency. The Parties shall ensure that the DDDC is organized in a manner that preserves its integrity.

465. The DDDC shall serve as a consultative mechanism. Its decision-making powers shall be limited to specific areas laid down in the Agreement. It shall consult and advise on a range of other issues not addressed in the Agreement, seeking consensus among stakeholders.

466. The DDDC shall seek to be truly representative of all Darfurians irrespective of their political affiliation and thereby enjoy moral and political authority.

467. The Parties agree that women shall be fairly represented on all bodies and committees established in relation to the DDDC.

Mandate

468. The mandate of the DDDC is derived from the Declaration of Principles of 5 July 2005. It is also in conformity with the spirit of the CPA of 9 January 2005.

469. The DDDC is an advisory and facilitation mechanism.

470. The DDDC shall make recommendations and observations to the Darfur and national authorities, including community leaders.

471. The DDDC shall be convened under the auspices of the AU.

Preparatory Committee

472. Within 30 days of the signing of this Agreement, the African Union, in consultation with the Parties, shall establish a Preparatory Committee for the DDDC.

473. The Preparatory Committee shall not exceed 25 members. It shall consist of representatives of GoS, the SLM/A and the JEM, and representatives of civil society organizations and tribal leaders, and representatives of the AU, the UN, EU and the LAS. The Preparatory Committee shall be chaired by the representative of the AU.

474. The Preparatory Committee shall conduct an extensive consultation among a wide range of Darfurian stakeholders in appropriate phases. The process will facilitate the drawing up of a broad agenda. The Preparatory Committee shall make a recommendation for a Chairperson of the DDDC, who shall be appointed in consultation with the Parties and who shall be a prominent African personality.

Roles of the Parties

475. The Parties shall each nominate members of the Preparatory Committee, who shall play a role in the formulation of the agenda and have a role in selecting Chairs, Committee of Experts and the Secretariat. The Parties are obliged to strive for fair representation of women in their nominations.

476. The Parties shall nominate delegates to the DDDC, both as observers and participants as appropriate. Fair representation of women and youth is mandatory.

477. All parties have an important role in making sure that the DDDC has integrity and is not manipulated. They are obliged to cooperate and make the DDDC authentic.

Terms of Reference

478. The DDDC shall focus upon two areas, namely (1) political and (2) socioeconomic and traditional. The DDDC shall have an organizing theme, “Building Peace and Reconciliation in Darfur.”

Political Function

479. The first function of the DDDC shall be to popularise this Agreement and obtain support for it from all stakeholders in Darfur. This shall include discussing, understanding and disseminating the various component parts of this Agreement.

480. In addition, specific articles within this Agreement may provide the DDDC with the authority to consider or take action, when necessary, on particular issues. Such actions include:

(a) Acting as a mechanism of last resort to break the deadlock on

specific issues, and (a) Establishing local mechanisms for conflict prevention and promotion of reconciliation.

481. The DDDC shall provide an early opportunity in which the Parties can present their vision to the people of Darfur in an open forum.

482. The DDDC may advise how best to implement specific elements within this Agreement.

Social and Traditional Function

483. Community representatives shall be invited to take responsibility for intertribal reconciliation and community harmony in rebuilding society damaged by war.

484. Issues to be addressed by the DDDC shall include:

(a) Measures for popularising and implementing this Agreement;

(b) Inter-communal and inter-tribal reconciliation;

(d) Land, water and natural resources, locations and regulation of nomadic migration routes;

(e) Human security and socio-economic issues

(f) Small arms control and the interim regulation of community defence groups pending final disarmament;

(g) Ensuring that political differences are addressed through civil political processes and not through violence;

(h) The status and powers of Native Administration;

(i) Measures to preserve the multi-ethnic character of Darfur and (i) Measures to address the special issues and concerns of

women.

485. In the event that these issues cannot be concluded in the time available, the DDDC may recommend that the Darfur State Assemblies (or Committees thereof) consider them, or that they are handled by peace and reconciliation entities to be established.

486. The DDDC shall seek to achieve consensus on all issues.

Committee of Experts

487. The Chairperson of the Preparatory Committee, in consultation with the Parties and international partners, shall establish a Committee of experts for the DDDC.

488. The members of the Committee of Experts shall consist principally of Sudanese experts and shall also include as appropriate international experts. Special attention shall be made to include conflict resolution and gender experts.

489. The Committee of Experts shall meet to contribute proposals for all aspects of the DDDC to the Preparatory Committee, and to the DDDC when it is in session.

Venue, Logistics and Funding

490. The Preparatory Committee shall, in consultation with the Parties, decide on the location for the DDDC and the preparatory consultations within Darfur.

491. Logistical support to the DDDC shall be organized on a tripartite basis between the GoS, the African Union and international partners including the UN.

492. Security for the DDDC shall be provided by the GoS in cooperation with AMIS.

493. The GoS shall contribute part of the cost of the DDDC. The Darfurian community shall be invited to contribute additional funds. The AU and its Member States as well as International partners shall be invited to contribute. Funds shall be held in a special trust fund established for purposes of the DDDC.

Representation

494. Representation at the DDDC shall be decided by the Preparatory Committee according to the following guidelines:

(a) The DDDC should consist of approximately 800 to 1000 delegates in addition to observers.

(b) 60% of delegates shall be selected on the basis of community and tribal

representation. All tribes in Darfur shall be represented. This representation shall include recognized tribal leaders, representatives chosen by all localities including refugees and internally displaced persons. Special mechanisms shall be

established to ensure that small tribes and non-Darfurians resident in Darfur are represented.

(c) 40% of delegates shall be selected to represent other stakeholders, including political parties, civil society organizations, religious leaders, business leaders, members of the diaspora, trade unions and professionals.

(d) Adequate and effective representation of women and youth shall be ensured.

(e) Observers shall be drawn from other parts of Sudan, AU Mediation and Facilitators, League of Arab States and Organisation of the Islamic Conference, CENSAD, IGAD, UN and international community.

Chairpersons

495. For the political function of the DDDC, the AU, in consultation with the Parties, shall nominate a prominent African to serve as Chairperson.

496. For the social and traditional function of the DDDC, the Chairperson may designate a team of elders who shall serve as co-chairpersons on a rotational basis.

Secretariat

497. On the recommendation of the Preparatory Committee, the AU, the UN and other international partners, as appropriate, shall set up a Secretariat consisting of a group of technical experts and resource persons. The Secretariat shall initially serve the Preparatory Committee and Committee of Experts. During the DDDC itself, the Secretariat shall serve the Chairs. International partners shall be invited to cooperate in supporting the Secretariat.

498. The Secretariat shall ask experts to prepare guidelines for the issues to be discussed.

499. The AU shall take responsibility for providing a briefing on this Agreement and related issues.

500. The AU in conjunction with the Chairpersons shall develop the agenda for discussion of these issues including identifying lead speakers.

501. The Secretariat shall have a communication strategy to ensure that information about the DDDC is widely disseminated and available within Darfur, other parts of Sudan, and internationally.

Outcome

502. The outcome of the DDDC shall be referred to the relevant Darfur and national authorities.

503. The DDDC shall establish the Peace and Reconciliation Council as a standing mechanism for peace and reconciliation in Darfur.

CHAPTER FIVE: GENERAL PROVISIONS

ARTICLE 32

504. This Agreement shall be incorporated into the INC. For that purpose, the National Constitutional Review Commission shall, as a matter of priority, prepare a text in the constitutionally appropriate form for adoption in accordance with the procedures specified in the INC.

505. The Parties agree to establish upon the signing of this Agreement, the Darfur Relief and Rehabilitation Commission (DRRC) in this regard the Parties call upon the international community to provide technical, material and financial support to enable the DRRC to become operational as soon as possible.

506. The Parties call upon the international community to also provide seed money to the DRDF in order to initiate quick start impact programs, capacity building in the key areas of economic governance, and relief-related institutional and physical infrastructures.

507. The Parties jointly appeal to the entire international community, including in particular the organizations and States involved in the negotiation of this Agreement, to affirm their full support for the Agreement, to participate fully in the activities described in the Agreement in the manner contemplated, and to help provide the resources and expertise necessary for the complete and successful implementation of this Agreement.

508. The Parties agree to settle any disagreement or dispute arising under this Agreement by peaceful means. The Parties further agree that in the event of a dispute concerning the interpretation or application of this Agreement, they shall refer the matter to the AU Commission.

509. This Agreement shall enter into force upon its signing by the Parties. Accordingly, the Parties shall take immediate steps to implement their obligations hereunder, including appropriate steps to give legal effect to the arrangements agreed herein. The Parties commit themselves to ensure that all of the institutions, bodies, commissions, committees and other entities under their control, including their members, shall observe the terms of this Agreement.

510. The Chairperson of the AU Commission shall register this Agreement with the Secretary General of the United Nations.

CHAPTER SIX: IMPLEMENTATION MODALITIES AND TIMELINES

ARTICLE 33

IMPLEMENTATION MODALITIES FOR POWER SHARING

Assessment and Evaluation

511. There shall be established within three months from the date of the signing of this Agreement an independent Darfur

Assessment and Evaluation Commission (the Commission) in order to promote the full and timely implementation of this Agreement.

512. The Commission shall consist of:

(a) Three representatives from the GoS, including the Advisor to the President on matters relating to Darfur,

(b) Three representatives from the SLM/A and the JEM.

512.1 In addition, the Parties invite the following states and organisations to designate representatives as members:

(a) One representative from the African Union,

(b) Five representatives from the observer states and organizations,

(c) Up to three additional representatives from such other states, or regional or international bodies, as shall be agreed by the Parties.

513. The Commission shall be chaired by one of the representatives referred to in the paragraph above, as agreed by the Parties.

514. The Commission shall determine its own rules of procedure and may engage such staff as necessary to carry out its work.

515. The Commission shall exercise the following functions:

(a) Monitor the implementation of this Agreement on an ongoing basis,

(b) Assess and evaluate difficulties that may arise in the course of implementation and facilitate the timely resolution of any such difficulties,

(c) Consult and coordinate as appropriate with other monitoring bodies or implementation mechanisms provided for in this Agreement,

(d) Maintain close contact with the Parties to promote full compliance with all provisions of this Agreement and facilitate the Parties’ efforts toward that end,

(e) Maintain liaison as appropriate with regional and international organizations and agencies involved in implementation of this Agreement, and

(f) Promote full cooperation of the Parties with each other and with the regional and international organizations and agencies involved in the implementation of this Agreement.

Implementation Timetable for Power Sharing

Activity	Timing	Executing Body	Funding Sources	Composition	Location	Modalities, Procedures & Criteria
To return the boundaries of Darfur to 1^stJanuary, 1956 status.	After signing of the Peace Agreement	Presidency	GoS	N/A	N/A	Setting up an ad hoc technical team to demarcate accordingly
Establish Technical Ad Hoc Committee to carry out Demarcation of border	After signing of the Peace Agreement	Presidency	GoS	GoS, SLM/A and JEM	Khartoum	As agreed by the Parties


Establishment of TDRA	After signing of the Agreement	Presidency	GoS, Internatio nal Donor Funds	GoS, SLM/A and JEM	Darfur	According to its established rules of procedure
Referendum on the status of Darfur	To be held within 12 months but not later than July, 2010	Referendum Commission that will be established by National Electoral Commission (NEC)	National Electoral Commissi on	GoS, SLM/A JEM, and NEC to decide others	Darfur	According to rules of NEC

Representation in the Presidency	After signing of the Agreement	Presidency	GoS	Nominee of SLM/A and JEM, for 1 Senior Assistant; and 1 Advisor to the President from among Darfurians	Khartoum	By Presidential appoinment
Representation in the National Assembly	After signing the Agreement	Presidency	GoS	Nominees of SLM/A and JEM, for 12 seats plus Chairmanship of a Commission	Khartoum	By Presidential appointment

Representation in the Executive Branch	After signing of the Agreement	Presidency	GoS	SLM/A and JEM for one Cabinet Minister and 2 state Ministers		Khartoum	By Presidential appoinment
Establishment of Panel of Experts under National Civil Service Commission	After signing of the Agreement	Presidency	GoS	Representatives of SLM/A and JEM, will be members		Khartoum	Appointed by the NSSC
Representation at Darfur Level
Legislative branch of the three states	After the signing of the Agreement	Presidency	GoS	Increase number of seats to 66 and allocate 18 to SLM/A and JEM	Darfur		As agreed by the Parties
Executive branch of the three states	After the signing of the Agreement	Presidency	GoS	1 Governor, 2 Deputy Governors; 2 Ministers and 1 Advisor in each of the three states

Implementation Mechanisms and Guarantees For Wealth Sharing

FISCAL FEDERALISM AND INTERGOVERNMENTAL RELATIONS
Fiscal and Financial Allocation and Monitoring Commission (FFAMC)
Activity	Timing	Executing Body	Funding Sources	Composition	Modalities, Procedures, Process &/or Criteria
1. Make operational	Now formally established; but	National Government,	National Government	As provided in the Interim	Independent body that shall determine

the FFAMC	not operational Commission members as now.	GOSS States	and	(GOS); Approval of FFAMC budget by June 2006	Constitution and the Darfur Peace Agreement (PA)	its own rules and procedures for operations (including budget submission to National Legislature, calendar, staffing), which shall be approved by the Presidency.
	Operational detail including budget ready no later than April 15, 2006. Initial meeting to approve budget and rules and procedures and appoint Panel of Experts by April 15,2006	FFAMC			Presidency appoints the Chairperson FFAMC appoints panel of experts	FFAMC takes decisions by consensus Quarterly Reporting to the Presidency FFAMC/National Legislature-approved new vertical amount and horizontal allocations to be implemented starting Fiscal Year 2007 (1 January)

Activity	Timing	Executing Body	Funding Sources	Composition	Modalities, Procedures, Process &/or Criteria
2.Terms of Reference	Not later than 3 months after signing Wealth Sharing Protocol	FFAMC	GOS		Establish formulae for size and allocation of resources to the Northern States including the Darfur states/region. Ensure that resources are transferred in accordance with the agreed upon formulae. Monitor to ensure transparency and fairness in the allocation of funds to the GoSS and states/regions according to established formulae, including equalization grants from the National Revenue Fund.
3.Panel of Experts	1.Appointed not later than 3 months after signing Wealth Sharing Protocol 2.Report making recommendations for vertical share of national budget and horizontal equalization formula within 6 months of appointment. 3.President tables Report before National Legislature within one month of its submission to him.	President appoints members of panel Panel of Experts President	FFAMC	Five (5) members	Members to be highly qualified economists and other relevant experts from academic, government and other institutions, and from the private sector. Report to be submitted to the President through the FFAMC If the report is approved, FFAMC will be bound to implement its provisions.
4. FFAMC technical	Not later than 3 months after	Chairperson to appoint	FFAMC		Highly competent professionals to be

Activity	Timing	Executing Body	Funding Sources	Composi tion	Modalities, Procedures, Process &/or Criteria
5. Capacity Enhancement	Right after signing the Peace Agreement	GoS			Assist Darfur to develop and implement an advanced and comprehensive program for capacity building
6. Monitoring Implementation of Fiscal decentralisation	Ongoing	Presidency National Legislative Bodies FFAMC Sub-national Legislatures Supreme Constitutional Court

ECONOMIC POLICY FOR RECONSTRUCTION, INVESTMENT, AND DEVELOPMENT
1. Darfur Reconstruction and		Development Fund (DR		DF)
Activity	Timing	Executing Body	Funding Sources	Composition	Modalities, Procedures, Process &/or Criteria
Establish DRDF	30 days after signing of Peace Agreement	President. Oversight Committee	National Revenue Account. Donors.	Governance structure: Representatives of National Government; Darfur states/region, and donors.	Presidential decree to state TOR in accordance with Peace Agreement. President appoints Oversight Committee. Oversight Committee to comprise: (a) one rep from each of the three states or three from region (selected by relevant legislature); (b) three reps from national ministries. Decisions of oversight committee to be by consensus. Committee to work out its own rules and procedures. Oversight committee shall appoint executive body of the DRDF.

2. Darfur Multi-Donor Trust Fund (D-MDTF
Establish Darfur Window within existing National MDTF	30 Days after signing of peace agreement	Administrati on of existing MDTF	Donors	Same oversight committee as for the DRDF with addition of representatives of donors.	Donor pledging conference D-MDTF funds flow after Donor pledging conference (see notes under JAM) Funds flow through Central Bank of Sudan

3. Joint Assessment Mission/Darfur (JAM)
Activity	Timing	Executing Body	Funding Sources	Composition	Modalities, Procedures, Process &/or Criteria
1. Agree on Purpose, Scope and Calendar	Upon Signing of the Peace Agreement	National Government, JEM & SLM/A	Donors and GoS	Oversight committee to be the same members as Oversight Committee for the DRDF, and include one from each of the World Bank, United Nations and the African Development Bank.	Oversight Committee and Donors define ToR. Secretariat with offices in Khartoum and Darfur.
2. Preparation for JAM Begins	Upon Signing of the Wealth Sharing Protocol	WB, UN, and AfDB.	WB, UN, AfDB, and GoS	[Composed by teams that will be working on the Darfur JAM.]
3. Preparation of Report to Donors Conference	After the completion of the JAM report, GOS will have also agreed on cost sharing of the total JAM	Oversight Committee	Donors and GoS		The JAM will identify/specify the key results to be achieved and the approximate costs for achieving these results.

	estimates of the costs of reconstruction and development.					■
4. Donors Conference	Three months after the signing of the Darfur Peace Agreement	WB, UN, AfDB, and GoS	WB, UN, AfDB, and GoS	Donors		Invitation to Islamic Development Bank, African Union, the League of Arab States, the Arab Funds, European Union, the USA and any other interested countries and parties.
						Identify and quantify the needs of post-conflict economic recovery, development and poverty eradication program
DEVELOPMENT AND MANAGEMENT OF LAND AND NATURAL RESOURCES
1. Darfur Land Commission
Activity	Timing	Executing Body	Funding Sources		Composition	Modalities, Procedures, Process &/or Criteria
Establish Darfur Land Commission	After signing of peace agreement	State legislature	State		Membership reflect land use interests in state.	TOR in accordance with Darfur Peace Agreement. Membership, appointment, terms and conditions of service regulated by law.


2. Land Use and Natural Resource Planning
1. Enact legislation on land natural resource planning and development.	After signing of Peace Agreement	State legislature	State legislature	As defined by states legislature.	Executive prepares legislation and presents to state legislature.
2. Develop and implement plans of land management.	After signing of Peace Agreement and enactment of planning legislation	States; Localities	States, administration of localities, Donors	Planning committees established by states and localities	Governments and localities notify and consult with respective constituencies; Governments and localities identify land use information relevant to land use planning eg: Community land use mapping Vegetation studies Land use and ecological surveys Aerial surveys Plans promulgated
3.Enforcement of Clause 4 of section called ‘Traditional and Historical Rights in Land’	As required	Any court with competence to decide disputes over land and/or property agreements	States	Court of competent jurisdiction	Courts invested with relevant jurisdiction

URGENT PROGRAMS FOR INTERNALLY DISPLACED PERSONS (IDPs), REFUGEES AND OTHER WAR-AFFECTED PERSONS, AND COMPENSATION FOR WAR-AFFECTED PERSONS
1. Darfur Rehabilitation and Resettlement Commission (DRRC)
Activity	Timing	Executing Body	Funding Sources	Composition	Modalities, Procedures, Process &/or Criteria
Establish Commission	30 days after signing of Peace Agreement	President.	GoS	Chairperson appointed by President. Members appointed by Chairperson.	Presidential decree to state TOR in accordance with Peace Agreement. President appoints chairperson in consultation with state governor. Members will include representatives from national ministries, representatives of state governments and other relevant institutions. DRRC Terms of Reference established on the basis of the Peace Agreement. DRRC establishes its own rules and procedures. Independent Committee established for each area of competency of DRRC as set by terms of reference. DRRC establishes guidelines for each committee Committees determine their own procedures based on guidelines set by DRRC. For matters that fall under the jurisdiction of other government agencies, these bodies

					will be the executing bodies.

2. Property Claims Committees
Activity	Timing		Executing Body		Funding Sources	Composition	Modalities, Procedures, Process &/or Criteria
Establish Committees	60 days after signing of Peace Agreement		DRRC and state legislature		GoS and states	Determined by DRRC	DRRC establishes independent committees in areas where property claims will be made. DRRC establishes guidelines for each committee Committees determine their own procedures based on guidelines set by DRRC. Members of individual committees shall include representatives of communities where the committees work.
3. Compensation Commission
Establish Commission		60 days after signing of Peace Agreement		By Presidential decree	GoS	Determined by DRRC	Commission establishes rules of procedure and formulates principles for determining compensation Commission coordinates work with

					Property Claims Committees and DRRC Commission establishes mechanisms with DRDF for exchanging information on compensation awards and DRDF programs
Establish Compensation Fund	3 months after signing of Peace Agreement	GoS	The Compensation Commission	2 members nominated by each of GOS, SLM/A and JEM 4 members nominated by states of Darfur	Members nominated by states of Darfur to be representative of affected communities, leaders of native administration

IMPLEMENTATION TIMELINES FOR COMPREHENSIVE CEASEFIRE AND

FINAL SECURITY ARRANGEMENTS

Serial	Major Activities	Proposed Time by which to be completed		Responsible Authority	Remarks
(a)	(b)	(c)		(d)	(e)
1.	Parties to submit to AU Mediation their forces dispositions, a list of all armed groups and militias aligned to them as well as known Janjaweed locations	Before D Day		All Parties	Parties sign mapping overlay verifying their positions. Detailed mine field locations including nuisance mines, mine certification signed
2.	Parties to provide mine field locations to AU Mediation	Before D Day		All Parties	The submissions to include measure taken to control/ neutralise the undisciplined militias
3.	Nomination of members of the Implementation Team and the Logistic Coordination Committee	Before D Day		AMIS	AMIS F HQ to constitute
	POST SIGNING OF DPA
4.	Entry into force of the DPA		Upon signature of the DPA on D-Day	All Parties
5.	Release of detainees and child soldiers		D – Day	All Parties	To begin handing over detainees to ICRC
6.	Cessation of hostilities and effectiveness of DPA		D + 3 Days (72 hrs)	All Parties

PREPARATIONS FOR DISENGAGEMENT AND REDPLOYMENT

7.	Reconstitution of CFC at Force Headquarters level	D + 3 days	AMIS	CFC to serve as a means of communicating between AMIS and the parties
8.	Establishment of implementation Team	D + 5 days	AMIS/CFC
9.	Establishment of Logistics Coordination committee (LCC)	D + 5 days	AMIS	LCC to commence collection of logistics data from movements
10. 11.	Development of sensitisation strategy and dissemination of the DPA Development of a plan for policing party Control Areas, Buffer and Demilitarised Zones	D + 5 days onwards D + 6 days	AMIS / All Parties AMIS/ CFC	This will include media campaign with the use of both print and electronic media, as well as personal contacts
12.	Preparation for Phase I – III begins	D + 7 days	Parties
13.	Establishment of Sector sub-CFC	D + 7 days	AMIS/CFC	To comprise AMIS representatives of the parties and international partners
14.	Verification of party forces positions on the ground including strength	D + 7 to D + 37	AMIS/CFC	Party locations are to be held confidentially by Chairman CFC
15.	Establishment of the Transitional Darfur Regional Authority (TDRA)	Not later than D + 21 days	GoS
16.	Establishment of Darfur Security Arrangements Implementation Committee (DSAIC)	D + 30 days	GoS
17.	GoS presents the status/strength of	D + 30 days	GoS	It shall include the

	its forces, as existing on 01 Aug 2004, to the CFC			strength of troops (to include the Paramilitary Forces), along with the strength reduction plan (to facilitate monitoring and verification)
18.	Parties provide redeployment Plans for all phases of the Ceasefire to CFC	D + 30 days	Parties
19.	Submission of a comprehensive plan for disarming the Janjaweed/armed militias	D + 37 days	GoS	GoS to submit locations of Janjaweed/armed militias, including areas of encampment and final disarmament
20.	Establishment of Security Advisory Team (SAT)	Not later than D + 45 days	GoS (in coordination with the Parties)	Including financial and logistic support, as deemed essential
21.	Production of final map indicating Areas of Control, Buffer, Demilitarised and Redeployment Zones	D + 37 days	AMIS	Details to be marked on the Master Map
22.	Development of patrol plan for monitoring the Buffer Zones	D + 37 Days	AMIS
23.	Physical demarcation of Respective Areas of Control, Buffer, Demilitarised Zones and AMIS troops deployment	D + 37 days onwards	AMIS	Dependent on provision of logistics and details to be marked on the Master Map
24.	Parties withdraw forces out of demilitarization/buffer zones into areas of control	D + 37 to D + 82 days
	PHASE I	- DISENGAGEMENT

25.	Neutralisation of Janjaweed/Other Militias	D + 38 to D + 65 Days	GoS	This involves as a minimum restricting the

				activities of Janjaweed to designated areas
26.	Establishment of DSAIC DDR Committee (Darfur) or DDRC(D)	D + 45 days	DSAIC	To be based at El Fashir
27.	Establishment of Movement Command Posts	D + 45 to D + 52 Days	Movements	Command Post to have necessary communications and liaison capabilities
28.	Movements submit their logistics requirement to LCC through AMIS	D + 45 Days	Movements
29.	Limiting the party activities to their designated Areas of Control	D + 50 to D + 77 days	Movements	This is a reciprocal action for neutralisation of Janjaweed/ Armed Militia
30.	Further deployment of AMIS troops to dominate Buffer and Demilitarised Zones	D + 45 to D + 66 days	AMIS	Establishment of more MILOB Group/Team Sites and relocation of existing ones, as well as patrolling in force to dominate the DZs.
31.	Constitution of requisite committees by DSAIC for recommending security sector reforms.	D + 60 days	DSAIC	Individual committees for recommending reforms in State Police organisation (to include Popular Police and Nomadic Police), PDF and the Border Guards.
32.	Establishment of Logistics Distribution Points	D + 69 Days	LCC	AMIS to commence building of logistics supply stocks
PHASE II – REDEPLOYMENT

33.	Redeployment of GoS Forces to battalion size locations within GOS Control Areas	D + 83 to D + 100 days	GoS	Except for troops guarding strategic/ key installations
34.	Redeployment of Movements Forces to Redeployments Zones	D + 86 to D + 116 days	Movements	AMIS/ CFC to monitor progress through Joint Task Team
35.	Distribution of logistics to Movements	D + 86 Days onwards	LCC	Subject to compliance with redeployment plan
36.	Partial disarmament of Janjaweed	D + 86 to D + 100 days	GoS	Disarmament to include apprehension, confiscation of Small Arms/Heavy Weapons and Motor Vehicles
37.	Formulation and Submission of DDR Plans to DSAIC by the DDRC (D)	D + 90 days	DDRC(D)	The plan shall include training requirements and timelines
38.	Formulation and submission of the re integration plan by the DDRC(D) to DSAIC	D + 90 days	DDRC(D)	These shall include implementation guidelines and modalities.
39.	Formulation and submission of Integrated Former Combatant Plan (ICP)	D + 90 days	DSAIC	Plan shall include implementation guidelines and modalities.
40.	Identification of locations to hold heavy weapons	D + 90 to D + 111 days	AMIS	This is to be done with the assistance of the parties
41.	Redeployment of heavy weapons	D + 101 to D + 128 days	AMIS	GoS shall re-deploy their heavy weapons to Brigade/Divisional HQs, while the parties shall re-deploy them to their respective HQs
42.	Submission of recommendations on security sector reforms by the DSAIC	D + 120	DSAIC/GoS	These shall include implementation

	to TDRA, for consideration and implementation			guidelines and modalities.
PHASE III – L		MITED ARMS CONTROL
43.	Holding of heavy weapons at designated secured locations under AMIS supervision	D + 129 to D + 159 days	All parties	AMIS to monitor arms control through periodic visit to assembly sites
44.	Selection of Assembly Areas of Movement’s Forces	D + 130 to D + 159 days	AMIS/All Parties	Physical selection of Assembly Area and marking them on the map
45.	Complete disarmament of Janjaweed	D + 159 days	GoS	Under CFC verification
PHASE IV – ASSEM			BLY
46.	Assembly of Movement Forces and heavy weapons in selected assembly areas/sites	D + 160 to D + 219 days	Parties and the CFC

PHASE V – INTEGRATION, RESTRUCTUR			NG AND INITIATION OF DDC
47.	Integration of Former Combatants into SAF and GoS security institutions.	D + 220 to D + 700 days	DSAIC/SAT/ Parties
48.	Reform of selected Darfur Security Institutions, including the downsizing; and reintegration of former members.	D + 220 days onwards	DSAIC/GoS
49.	Initial recruitment and training of reformed GoS Police Forces to improve effectiveness and professionalism.	D + 220 days onwards	GoS
50.	Initiation of disarmament, demobilisation, and social/economic reintegration of the Former Combatants.	D + 220 days onwards	DSAIC
PHASE VI – COMPLETION OF			DDR AND RSSI
51.	Completion of the social and economic integration of Former Combatants.	By D + 1065 days	DSAIC/Parties
52.	Completion of the process of reform of selected security institutions.	By D + 1065 days	DSAIC/GoS

Note:

1. AMIS shall conduct verification at the end of every phase to monitor the compliance of the parties with the agreements and decisions of the Ceasefire Commission, as well as the decisions of the Chairperson of the Commission.

2. AMIS shall present verification reports to the Ceasefire Commission on a regular basis and shall immediately alert the Commission of any breach of the rules and any violation of the ceasefire.

3. In consultation with the UN and the parties, the AMIS Force Commander shall develop a plan for Demining during disengagement and redeployment

IN WITNESS WHEREOF, the duly authorized representatives of the Parties have signed this Agreement., in the presence of the witnesses hereunder.

DONE AT ABUJA, NIGERIA, this 5th day of May, 2006 in three original texts in the Arabic, English, and French languages, each text being equally authentic.

FOR THE GOVERNMENT OF THE SUDAN (GOS)

Dr. Magzoub Al Khalifa Chairman of the Sudan Government Delegation

FOR THE SUDAN LIBERATION FOR THE SUDAN LIBERATION

MOVEMENT/ARMY (SLM/A) MOVEMENT/ARMY (SLM/A)

Minni Arkou Minawi Chairman

FOR THE JUSTICE AND EQUALITY MOVEMENT (JEM)

WITNESSED BY:

Dr. Salim Ahmed Salim AU Special Envoy and Chief Mediator

His Excellency, President Denis Sassou-Nguesso______

Current Chairman of the African Union

His Excellency, President Olusegun Obasanjo_________

President of the Federal Republic of Nigeria

His Excellency, Professor Alpha Oumar Konare________

Chairperson of the African Union Commission

Dr. Ali Treki

Representative of the Leader of the Libyan Arab Jamahiriya

Mr. Robert Zoellick________________________

Deputy Secretary of State United States of America

Mr. Hilary Benn_____________________________

Secretary of State for International Development United Kingdom

His Excellency, Jan Pronk_______________________

Special Representative of the Secretary-General of the United Nations in the Sudan

Pekka Haavisto__________________________

European Union

Counsellor Zeid Al Sabban______________________

League of Arab States

Ambassador Ahmed A. Haggag_________________

Special Envoy of the Arab Republic of Egypt

Ambassador Allan Rock_________________________

Representative of Canada

Dr. Kjell Hodnebo____________________________

Representative of Norway

Ambassador Henri de Coignac______________________

Special Envoy France

Mrs. Agnes Van Ardenne__________________________

Minister for Development Cooperation Netherlands

ANNEXURE 1: HUMANITARIAN CEASEFIRE AGREEMENT OF 8 APRIL 2004, N’DJAMENA, CHAD

ANNEXURE 2: PROTOCOL ON THE ESTABLISHMENT OF

HUMANITARIAN ASSISTANCE IN DARFUR OF 8 APRIL 2004, N’DJAMENA, CHAD

ANNEXURE 3: AGREEMENT ON THE MODALITIES FOR THE ESTABLISHMENT OF THE CEASEFIRE COMMISSION (CFC) AND THE DEPLOYMENT OF OBSERVERS OF 28 MAY 2004, ADDIS-ABABA, ETHIOPIA

ANNEXURE 4: PROTOCOL ON THE IMPROVEMENT OF THE HUMANITARIAN SITUATION IN DARFUR OF 9 NOVEMBER 2004, ABUJA, NIGERIA

ANNEXURE 5: PROTOCOL ON THE ENHANCEMENT OF THE SECURITY SITUATION IN DARFUR OF 9 NOVEMBER 2004, ABUJA, NIGERIA

ANNEXURE 6: DECLARATION OF PRINCIPLES FOR THE

RESOLUTION OF THE SUDANESE CONFLICT IN DARFUR OF 5 JULY 2005, ABUJA, NIGERIA

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European Convention on the Avoidance of Statelessness in Relation to State Succession

PreambleThe member States of the Council of Europe and the other States signatory to this Convention,Considering that the avoidance of statelessness is one of the main concerns of the international community in the field of nationality;Noting that State succession remains a major source of cases of statelessness;Recognising that the European Convention on Nationality (ETS No. 166), opened for signature in Strasbourg on 6 November 1997, contains only general principles and not specific rules on nationality in case of State succession;Bearing in mind that, with regard to statelessness in relation to State succession, other international instruments either do not have a binding character or do not address some important issues;Convinced that for the reasons above there is a need for a comprehensive international instrument on State succession and the avoidance of statelessness which should be interpreted and applied, bearing in mind the principles of the European Convention on Nationality;Taking into account Recommendation No. R (99) 18 of the Committee of Ministers on the Avoidance and Reduction of Statelessness, as well as the practical experience gained in recent years with regard to State succession and statelessness;Having regard to other binding international instruments, namely the United Nations Conventions relating to the Status of Stateless Persons and on the Reduction of Statelessness, and the Vienna Conventions on Succession of States in respect of Treaties and on Succession of States in respect of State Property, Archives and Debts;Having also regard to the draft articles on nationality of natural persons in relation to the succession of States, prepared by the United Nations International Law Commission, contained in the Annex to the United Nations General Assembly Resolution 55/153 of 2001 as well as the Declaration of the European Commission for Democracy through Law (Venice Commission) on the Consequences of State Succession for the Nationality of Natural Persons;Building upon, but without prejudice to, the general principles established in the international instruments and documents mentioned above, by adding specific rules applicable to the particular situation of statelessness in relation to State succession;In order to give effect to the principles established in the European Convention on Nationality that everyone has the right to a nationality and that the rule of law and human rights, including the prohibition of arbitrary deprivation of nationality and the principle of non-discrimination, must be respected in order to avoid statelessness,Have agreed as follows:Article 1 – DefinitionsFor the purposes of this Convention :a. “State succession” means the replacement of one State by another in the responsibility for the international relations of territory;b. “State concerned” means the predecessor State or the successor State, as the case may be;c. “Statelessness” means the situation where a person is not considered as a national by any State under the operation of its internal law;d. “Habitual residence” means a stable factual residence;e. “Person concerned” means every individual who, at the time of the State succession, had the nationality of the predecessor State and who has or would become stateless as a result of the State succession.Article 2 – Right to a nationalityEveryone who, at the time of the State succession, had the nationality of the predecessor State and who has or would become stateless as a result of the State succession has the right to the nationality of a State concerned, in accordance with the following articles.Article 3 – Prevention of statelessnessThe State concerned shall take all appropriate measures to prevent persons who, at the time of the State succession, had the nationality of the predecessor State, from becoming stateless as a result of the succession.Article 4 – Non-discriminationWhen applying this Convention, States concerned shall not discriminate against any person concerned on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.Article 5 – Responsibility of the successor State1. A successor State shall grant its nationality to persons who, at the time of the State succession, had the nationality of the predecessor State, and who have or would become stateless as a result of the State succession if at that time:a. they were habitually resident in the territory which has become territory of the successor State, orb. they were not habitually resident in any State concerned but had an appropriate connection with the successor State.2. For the purpose of paragraph 1, sub-paragraph b, an appropriate connection includes inter alia:a. a legal bond to a territorial unit of a predecessor State which has become territory of the successor State;b. birth on the territory which has become territory of the successor State;c. last habitual residence on the territory of the predecessor State which has become territory of the successor State.Article 6 – Responsibility of the predecessor StateA predecessor State shall not withdraw its nationality from its nationals who have not acquired the nationality of a successor State and who would otherwise become stateless as a result of the State succession.Article 7 – Respect for the expressed will of the person concernedA successor State shall not refuse to grant its nationality under Article 5 paragraph 1, sub-paragraph b, where such nationality reflects the expressed will of the person concerned, on the grounds that such a person can acquire the nationality of another State concerned on the basis of an appropriate connection with that State.Article 8 – Rules of proof1. A successor State shall not insist on its standard requirements of proof necessary for the granting of its nationality in the case of persons who have or would become stateless as a result of State succession and where it is not reasonable for such persons to meet the standard requirements.2. A successor State shall not require proof of non-acquisition of another nationality before granting its nationality to persons who were habitually resident on its territory at the time of the State succession and who have or would become stateless as a result of the State successionArticle 9 – Facilitating the acquisition of nationality by stateless personsA State concerned shall facilitate the acquisition of its nationality by persons lawfully and habitually residing on its territory who, despite Articles 5 and 6, are stateless as a result of the State succession.Article 10 – Avoiding statelessness at birthA State concerned shall grant its nationality at birth to a child born following State succession on its territory to a parent who, at the time of State succession, had the nationality of the predecessor State if that child would otherwise be stateless.Article 11 – Information to persons concernedStates concerned shall take all necessary steps to ensure that persons concerned have sufficient information about rules and procedures with regard to the acquisition of their nationality.Article 12 – Procedural guaranteesWhen applying this Convention, the State concerned shall ensure that in the framework of the procedures relating to nationality :a. the relevant applications be processed within a reasonable time;b. the relevant decisions contain reasons in writing and be open to an administrative or judicial review in conformity with its internal law;c. the fees be reasonable and not an obstacle for applicants.Article 13 – Settlement by international agreementStates concerned shall endeavour to regulate matters relating to nationality, especially with a view to avoiding statelessness, where appropriate by international agreement.Article 14 – International co-operation1. In order to adopt appropriate measures to avoid statelessness arising from State succession, States concerned shall co-operate among themselves, including by providing information with regard to the operation of their relevant internal law.2. For the same purpose as that mentioned in paragraph 1, States concerned shall also co-operate:a. with the Secretary General of the Council of Europe and the United Nations High Commissioner for Refugees (UNHCR) and,b. where appropriate, with other States and international organisations.Article 15 – Application of this Convention1. This Convention applies in respect of a State succession which has occurred after its entry into force.2. A State concerned may, however, declare by notification addressed to the Secretary General of the Council of Europe at the time of expressing its consent to be bound by this Convention, or, at any time thereafter, that it will also apply the provisions of this Convention to a State succession occurring before the entry into force of this Convention.3. If several States concerned make a declaration, as set out in paragraph 2, in respect of the same State succession, this Convention will apply between the States making such declaration.Article 16 – Effects of this Convention1. The provisions of this Convention shall not prejudice the provisions of internal law and binding international instruments which are already in force or may come into force, under which more favourable rights are or would be accorded to individuals on the avoidance of statelessness.2. This Convention does not prejudice the application of:a. the European Convention on Nationality, in particular its Chapter VI relating to State succession and nationality;b. other binding international instruments in so far as such instruments are compatible with this Convention,in the relationship between the States Parties bound by these instruments.Article 17 – Settlement of disputesAny dispute concerning the interpretation or application of this Convention shall primarily be settled through negotiation.Article 18 – Signature and entry into force1. This Convention shall be open for signature by the member States of the Council of Europe and the non-member States which have participated in its elaboration. Such States may express their consent to be bound by:a. signature without reservation as to ratification, acceptance or approval; orb. signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.2. This Convention shall enter into force, for all States having expressed their consent to be bound by the Convention, on the first day of the month following the expiration of a period of three months after the date on which three member States of the Council of Europe have expressed their consent to be bound by this Convention in accordance with the provisions of the preceding paragraph.3. In respect of any State which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of signature or of the deposit of its instrument of ratification, acceptance or approval.Article 19 – Accession1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council of Europe which has not participated in its elaboration to accede to this Convention.2. In respect of any acceding State, this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.Article 20 – Reservations1. No reservations may be made to this Convention except in respect of the provisions of Article 7, Article 8, paragraph 2, Article 12 and Article 14, paragraph 2, sub-paragraph b.2. Any reservation made by a State in pursuance of paragraph 1 shall be formulated at the time of signature or upon the deposit of its instrument of ratification, acceptance, approval or accession.3. Any State may wholly or partly withdraw a reservation it has made in accordance with paragraph 1 by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt.Article 21 – Denunciation1. Any State Party may at any time denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.2. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of notification by the Secretary General.Article 22 – NotificationsThe Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any Signatory, any Party and any other State which has acceded to this Convention of:a. any signature;b. the deposit of any instrument of ratification, acceptance, approval or accession;c. any date of entry into force of this Convention in accordance with Articles 18 and 19 of this Convention;d. any reservation and withdrawal of reservations made in pursuance of the provisions of Article 20 of this Convention;e. any notification or declaration made under the provisions of Articles 15 and 21 of this Convention;f. any other act, notification or communication relating to this Convention.In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.Done at Strasbourg, this 19th day of May 2006, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to each non-member State having participated in the elaboration of this Convention and to any State invited to accede to this Convention.

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ASEAN Charter (2007)

Preamble

we, the peoples of the Member States of the Association of Southeast Asian Nations (ASEAN), as represented by the Heads of State or Government of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam:

noting with satisfaction the significant achievements and expansion of ASEAN since its establishment in Bangkok through the promulgation of The ASEAN Declaration;

recalling the decisions to establish an ASEAN Charter in the Vientiane Action Programme, the Kuala Lumpur Declaration on the Establishment of the ASEAN Charter and the Cebu Declaration on the Blueprint of the ASEAN Charter;

mindful of the existence of mutual interests and interdependence among the peoples and Member States of ASEAN which are bound by geography, common objectives and shared destiny;

inspired by and united under One Vision, One Identity and One Caring and Sharing Community;

united by a common desire and collective will to live in a region of lasting peace, security and stability, sustained economic growth, shared prosperity and social progress, and to promote our vital interests, ideals and aspirations;

respecting the fundamental importance of amity and cooperation, and the principles of sovereignty, equality, territorial integrity, non-interference, consensus and unity in diversity;

adhering to the principles of democracy, the rule of law and good governance, respect for and protection of human rights and fundamental freedoms;

resolved to ensure sustainable development for the benefit of present and future generations and to place the well-being, livelihood and welfare of the peoples at the centre of the ASEAN community building process;

convinced of the need to strengthen existing bonds of regional solidarity to realise an ASEAN Community that is politically cohesive, economically integrated and socially responsible in order to effectively respond to current and future challenges and opportunities;

committed to intensifying community building through enhanced regional cooperation and integration, in particular by establishing an ASEAN Community comprising the ASEAN Security Community, the ASEAN Economic Community and the ASEAN Socio-Cultural

Community, as provided for in the Bali Declaration of ASEAN Concord II;

hereby decide to establish, through this Charter, the legal and institutional framework for ASEAN,

and to this end, the Heads of State or Government of the Member States of ASEAN, assembled in Singapore on the historic occasion of the 40^h anniversary of the founding of ASEAN, have agreed to this Charter.

chapter i purposes and principles

article 1 purposes

The Purposes of ASEAN are:

1. To maintain and enhance peace, security and stability and further strengthen peace-oriented values in the region;

2. To enhance regional resilience by promoting greater political, security, economic and socio-cultural cooperation;

3. To preserve Southeast Asia as a Nuclear Weapon- Free Zone and free of all other weapons of mass destruction;

4. To ensure that the peoples and Member States of ASEAN live in peace with the world at large in a just, democratic and harmonious environment;

5. To create a single market and production base which is stable, prosperous, highly competitive and economically integrated with effective facilitation for trade and investment in which there is free flow of goods, services and investment; facilitated movement of business persons, professionals, talents and labour; and freer flow of capital;

6. To alleviate poverty and narrow the development gap within ASEAN through mutual assistance and cooperation;

7. To strengthen democracy, enhance good governance and the rule of law, and to promote and protect human rights and fundamental freedoms, with due regard to the rights and responsibilities of the Member States of ASEAN;

8. To respond effectively, in accordance with the principle of comprehensive security, to all forms of threats, transnational crimes and transboundary challenges;

9. To promote sustainable development so as to ensure the protection of the region’s environment, the sustainability of its natural resources, the preservation of its cultural heritage and the high quality of life of its peoples;

10. To develop human resources through closer cooperation in education and life-long learning, and in

science and technology, for the empowerment of the peoples of ASEAN and for the strengthening of the ASEAN Community;

11. To enhance the well-being and livelihood of the peoples of ASEAN by providing them with equitable access to opportunities for human development, social welfare and justice;

12. To strengthen cooperation in building a safe, secure and drug-free environment for the peoples of ASEAN;

13. To promote a people-oriented ASEAN in which all sectors of society are encouraged to participate in, and benefit from, the process of ASEAN integration and community building;

14. To promote an ASEAN identity through the fostering of greater awareness of the diverse culture and heritage of the region; and

15. To maintain the centrality and proactive role of ASEAN as the primary driving force in its relations and cooperation with its external partners in a regional architecture that is open, transparent and inclusive.

article 2 principles

1. In pursuit of the Purposes stated in Article 1, ASEAN and its Member States reaffirm and adhere to the fundamental principles contained in the declarations,

agreements, conventions, concords, treaties and other instruments of ASEAN.

2. ASEAN and its Member States shall act in accordance with the following Principles:

(a) respect for the independence, sovereignty, equality, territorial integrity and national identity of all ASEAN Member States;

(b) shared commitment and collective responsibility in enhancing regional peace, security and prosperity;

(c) renunciation of aggression and of the threat or use of force or other actions in any manner inconsistent with international law;

(d) reliance on peaceful settlement of disputes;

(e) non-interference in the internal affairs of ASEAN Member States;

(f) respect for the right of every Member State to lead its national existence free from external interference, subversion and coercion;

(g) enhanced consultations on matters seriously affecting the common interest of ASEAN;

(h) adherence to the rule of law, good governance, the principles of democracy and constitutional government;

(i) respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice;

(j) upholding the United Nations Charter and international law, including international humanitarian law, subscribed to by ASEAN Member States;

(k) abstention from participation in any policy or activity, including the use of its territory, pursued by any ASEAN Member State or non-ASEAN State or any non-State actor, which threatens the sovereignty, territorial integrity or political and economic stability of ASEAN Member States;

(l) respect for the different cultures, languages and religions of the peoples of ASEAN, while emphasising their common values in the spirit of unity in diversity;

(m) the centrality of ASEAN in external political, economic, social and cultural relations while remaining actively engaged, outward-looking, inclusive and non-discriminatory; and

(n) adherence to multilateral trade rules and ASEAN’s rules-based regimes for effective implementation of economic commitments and progressive reduction towards elimination of all barriers to regional economic integration, in a market-driven economy.

chapter ii legal personality

article 3 legal personality of asean

ASEAN, as an inter-governmental organisation, is hereby conferred legal personality.

chapter iii membership

article 4 member states

The Member States of ASEAN are Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam.

article 5 rights and obligations

1. Member States shall have equal rights and obligations under this Charter.

2. Member States shall take all necessary measures,

including the enactment of appropriate domestic legislation, to effectively implement the provisions of this Charter and to comply with all obligations of membership.

3. In the case of a serious breach of the Charter or noncompliance, the matter shall be referred to Article 20.

article 6 admission of new members

1. The procedure for application and admission to ASEAN shall be prescribed by the ASEAN Coordinating Council.

2. Admission shall be based on the following criteria:

(a) location in the recognised geographical region of Southeast Asia;

(b) recognition by all ASEAN Member States;

(d) ability and willingness to carry out the obligations of Membership.

3. Admission shall be decided by consensus by the ASEAN Summit, upon the recommendation of the ASEAN Coordinating Council.

4. An applicant State shall be admitted to ASEAN upon signing an Instrument of Accession to the Charter.

chapter iv organs

article 7 asean summit

1. The ASEAN Summit shall comprise the Heads of

State or Government of the Member States.

2. The ASEAN Summit shall:

(a) be the supreme policy-making body of ASEAN;

(b) deliberate, provide policy guidance and take decisions on key issues pertaining to the realisation of the objectives of ASEAN, important matters of interest to Member States and all issues referred to it by the ASEAN Coordinating Council, the ASEAN Community Councils and ASEAN Sectoral Ministerial Bodies;

(c) instruct the relevant Ministers in each of the Councils concerned to hold ad hoc inter- Ministerial meetings, and address important issues concerning ASEAN that cut across the Community Councils. Rules of procedure for such meetings shall be adopted by the ASEAN Coordinating Council;

(d) address emergency situations affecting ASEAN by taking appropriate actions;

(e) decide on matters referred to it under Chapters VII and VIII;

(f) authorise the establishment and the dissolution of Sectoral Ministerial Bodies and other ASEAN institutions; and

(g) appoint the Secretary-General of ASEAN, with the rank and status of Minister, who will serve with the confidence and at the pleasure of the Heads of State or Government upon the recommendation of the ASEAN Foreign Ministers Meeting.

3. ASEAN Summit Meetings shall be:

(a) held twice annually, and be hosted by the Member State holding the ASEAN Chairmanship; and

(b) convened, whenever necessary, as special or ad hoc meetings to be chaired by the Member State holding the ASEAN Chairmanship, at venues to be agreed upon by ASEAN Member States.

article 8 asean coordinating council

1. The ASEAN Coordinating Council shall comprise the ASEAN Foreign Ministers and meet at least twice a year.

2. The ASEAN Coordinating Council shall:

(a) prepare the meetings of the ASEAN Summit;

(b) coordinate the implementation of agreements and decisions of the ASEAN Summit;

(d) coordinate the reports of the ASEAN Community Councils to the ASEAN Summit;

(e) consider the annual report of the Secretary- General on the work of ASEAN;

(f) consider the report of the Secretary-General on the functions and operations of the ASEAN Secretariat and other relevant bodies;

(g) approve the appointment and termination of the Deputy Secretaries-General upon the recommendation of the Secretary-General; and

(h) undertake other tasks provided for in this Charter or such other functions as may be assigned by the ASEAN Summit.

3. The ASEAN Coordinating Council shall be supported by the relevant senior officials.

article 9 asean community councils

1. The ASEAN Community Councils shall comprise the ASEAN Political-Security Community Council, ASEAN Economic Community Council, and ASEAN Socio- Cultural Community Council.

2. Each ASEAN Community Council shall have under its purview the relevant ASEAN Sectoral Ministerial Bodies.

3. Each Member State shall designate its national representation for each ASEAN Community Council meeting.

4. In order to realise the objectives of each of the three pillars of the ASEAN Community, each ASEAN Community Council shall:

(a) ensure the implementation of the relevant decisions of the ASEAN Summit;

(b) coordinate the work of the different sectors under its purview, and on issues which cut across the other Community Councils; and

5. Each ASEAN Community Council shall meet at least twice a year and shall be chaired by the appropriate Minister from the Member State holding the ASEAN Chairmanship.

6. Each ASEAN Community Council shall be supported by the relevant senior officials.

article 10 asean sectoral ministerial bodies

1. ASEAN Sectoral Ministerial Bodies shall:

(a) function in accordance with their respective established mandates;

(b) implement the agreements and decisions of the ASEAN Summit under their respective purview;

(d) submit reports and recommendations to their respective Community Councils.

2. Each ASEAN Sectoral Ministerial Body may have under its purview the relevant senior officials and subsidiary bodies to undertake its functions as contained in Annex 1. The Annex may be updated by the Secretary- General of ASEAN upon the recommendation of the Committee of Permanent Representatives without recourse to the provision on Amendments under this Charter.

article 11 secretary-general of asean and asean secretariat

1. The Secretary-General of ASEAN shall be appointed by the ASEAN Summit for a non-renewable term of office

of five years, selected from among nationals of the ASEAN Member States based on alphabetical rotation, with due consideration to integrity, capability and professional experience, and gender equality.

2. The Secretary-General shall:

(a) carry out the duties and responsibilities of this high office in accordance with the provisions of this Charter and relevant ASEAN instruments, protocols and established practices;

(b) facilitate and monitor progress in the implementation of ASEAN agreements and decisions, and submit an annual report on the work of ASEAN to the ASEAN Summit;

(c) participate in meetings of the ASEAN Summit, the ASEAN Community Councils, the ASEAN Coordinating Council, and ASEAN Sectoral Ministerial Bodies and other relevant ASEAN meetings;

(d) present the views of ASEAN and participate in meetings with external parties in accordance with approved policy guidelines and mandate given to the Secretary-General; and

(e) recommend the appointment and termination of the Deputy Secretaries-General to the ASEAN Coordinating Council for approval.

3. The Secretary-General shall also be the Chief Administrative Officer of ASEAN.

4. The Secretary-General shall be assisted by four Deputy Secretaries-General with the rank and status of Deputy Ministers. The Deputy Secretaries-General shall be accountable to the Secretary-General in carrying out their functions.

5. The four Deputy Secretaries-General shall be of different nationalities from the Secretary-General and shall come from four different ASEAN Member States.

6. The four Deputy Secretaries-General shall comprise:

(a) two Deputy Secretaries-General who will serve a non-renewable term of three years, selected from among nationals of the ASEAN Member States based on alphabetical rotation, with due consideration to integrity, qualifications, competence, experience and gender equality; and

(b) two Deputy Secretaries-General who will serve a term of three years, which may be renewed for another three years. These two Deputy Secretaries-General shall be openly recruited based on merit.

7. The ASEAN Secretariat shall comprise the Secretary- General and such staff as may be required.

8. The Secretary-General and the staff shall:

(a) uphold the highest standards of integrity, efficiency, and competence in the performance of their duties;

(b) not seek or receive instructions from any government or external party outside of ASEAN; and

(c) refrain from any action which might reflect on their position as ASEAN Secretariat officials responsible only to ASEAN.

9. Each ASEAN Member State undertakes to respect the exclusively ASEAN character of the responsibilities of the Secretary-General and the staff, and not to seek to influence them in the discharge of their responsibilities.

article 12

committee of permanent representatives to asean

1. Each ASEAN Member State shall appoint a Permanent Representative to ASEAN with the rank of Ambassador based in Jakarta.

2. The Permanent Representatives collectively constitute a Committee of Permanent Representatives, which shall:

(a) support the work of the ASEAN Community Councils and ASEAN Sectoral Ministerial Bodies;

(b) coordinate with ASEAN National Secretariats and other ASEAN Sectoral Ministerial Bodies;

(d) facilitate ASEAN cooperation with external partners; and

(e) perform such other functions as may be determined by the ASEAN Coordinating Council.

article 13 asean national secretariats

Each ASEAN Member State shall establish an ASEAN National Secretariat which shall:

(a) serve as the national focal point;

(b) be the repository of information on all ASEAN matters at the national level;

(d) coordinate and support the national preparations of ASEAN meetings;

(e) promote ASEAN identity and awareness at the national level; and

(f)

contribute to ASEAN community building.

article 14 asean human rights body

1. In conformity with the purposes and principles of the ASEAN Charter relating to the promotion and protection of human rights and fundamental freedoms, ASEAN shall establish an ASEAN human rights body.

2. This ASEAN human rights body shall operate in accordance with the terms of reference to be determined by the ASEAN Foreign Ministers Meeting.

article 15 asean foundation

1. The ASEAN Foundation shall support the Secretary- General of ASEAN and collaborate with the relevant ASEAN bodies to support ASEAN community building by promoting greater awareness of the ASEAN identity, people-to-people interaction, and close collaboration among the business sector, civil society, academia and other stakeholders in ASEAN.

2. The ASEAN Foundation shall be accountable to the Secretary-General of ASEAN, who shall submit its report to the ASEAN Summit through the ASEAN Coordinating Council.

chapter v entities associated with asean

article 16 entities associated with asean

1. ASEAN may engage with entities which support the ASEAN Charter, in particular its purposes and principles. These associated entities are listed in Annex 2.

2. Rules of procedure and criteria for engagement shall be prescribed by the Committee of Permanent Representatives upon the recommendation of the Secretary-General of ASEAN.

3. Annex 2 may be updated by the Secretary-General of ASEAN upon the recommendation of the Committee of Permanent Representatives without recourse to the provision on Amendments under this Charter.

chapter vi immunities and privileges

article 17 immunities and privileges of asean

1. ASEAN shall enjoy in the territories of the Member States such immunities and privileges as are necessary for the fulfilment of its purposes.

2. The immunities and privileges shall be laid down in separate agreements between ASEAN and the host Member State.

article 18 immunities and privileges of the secretary-general of asean and staff of the asean secretariat

1. The Secretary-General of ASEAN and staff of the ASEAN Secretariat participating in official ASEAN activities or representing ASEAN in the Member States shall enjoy such immunities and privileges as are necessary for the independent exercise of their functions.

2. The immunities and privileges under this Article shall be laid down in a separate ASEAN agreement.

article 19 immunities and privileges of the permanent representatives and officials on asean duties

1. The Permanent Representatives of the Member States to ASEAN and officials of the Member States participating in official ASEAN activities or representing ASEAN in the Member States shall enjoy such immunities and privileges as are necessary for the exercise of their functions.

2. The immunities and privileges of the Permanent Representatives and officials on ASEAN duties shall be

governed by the 1961 Vienna Convention on Diplomatic Relations or in accordance with the national law of the ASEAN Member State concerned.

chapter vii decision-making

article 20 consultation and consensus

1. As a basic principle, decision-making in ASEAN shall be based on consultation and consensus.

2. Where consensus cannot be achieved, the ASEAN Summit may decide how a specific decision can be made.

3. Nothing in paragraphs 1 and 2 of this Article shall affect the modes of decision-making as contained in the relevant ASEAN legal instruments.

4. In the case of a serious breach of the Charter or noncompliance, the matter shall be referred to the ASEAN Summit for decision.

article 21 implementation and procedure

1. Each ASEAN Community Council shall prescribe its own rules of procedure.

2. In the implementation of economic commitments, a formula for flexible participation, including the ASEAN Minus X formula, may be applied where there is a consensus to do so.

chapter viii settlement of disputes

article 22 general principles

1. Member States shall endeavour to resolve peacefully all disputes in a timely manner through dialogue, consultation and negotiation.

2. ASEAN shall maintain and establish dispute settlement mechanisms in all fields of ASEAN cooperation.

article 23

good offices, conciliation and mediation

1. Member States which are parties to a dispute may at any time agree to resort to good offices, conciliation or mediation in order to resolve the dispute within an agreed time limit.

2. Parties to the dispute may request the Chairman of ASEAN or the Secretary-General of ASEAN, acting in an ex-officio capacity, to provide good offices, conciliation or mediation.

article 24

dispute settlement mechanisms in specific instruments

1. Disputes relating to specific ASEAN instruments shall be settled through the mechanisms and procedures provided for in such instruments.

2. Disputes which do not concern the interpretation or application of any ASEAN instrument shall be resolved peacefully in accordance with the Treaty of Amity and Cooperation in Southeast Asia and its rules of procedure.

3. Where not otherwise specifically provided, disputes which concern the interpretation or application of ASEAN economic agreements shall be settled in accordance with the ASEAN Protocol on Enhanced Dispute Settlement Mechanism.

article 25 establishment of dispute settlement mechanisms

Where not otherwise specifically provided, appropriate dispute settlement mechanisms, including arbitration, shall be established for disputes which concern the interpretation or application of this Charter and other ASEAN instruments.

article 26 unresolved disputes

When a dispute remains unresolved, after the application of the preceding provisions of this Chapter, this dispute shall be referred to the ASEAN Summit, for its decision.

article 27 compliance

1. The Secretary-General of ASEAN, assisted by the ASEAN Secretariat or any other designated ASEAN body, shall monitor the compliance with the findings, recommendations or decisions resulting from an ASEAN dispute settlement mechanism, and submit a report to the ASEAN Summit.

2. Any Member State affected by non-compliance with the findings, recommendations or decisions resulting from an ASEAN dispute settlement mechanism, may refer the matter to the ASEAN Summit for a decision.

article 28 united nations charter provisions and other relevant international procedures

Unless otherwise provided for in this Charter, Member States have the right of recourse to the modes of peaceful settlement contained in Article 33(1) of the Charter of the United Nations or any other international legal instruments to which the disputing Member States are parties.

chapter ix budget and finance

article 29 general principles

1. ASEAN shall establish financial rules and procedures in accordance with international standards.

2. ASEAN shall observe sound financial management policies and practices and budgetary discipline.

3. Financial accounts shall be subject to internal and external audits.

article 30 operational budget and finances of the asean secretariat

1. The ASEAN Secretariat shall be provided with the necessary financial resources to perform its functions effectively.

2. The operational budget of the ASEAN Secretariat shall be met by ASEAN Member States through equal annual contributions which shall be remitted in a timely manner.

3. The Secretary-General shall prepare the annual operational budget of the ASEAN Secretariat for approval by the ASEAN Coordinating Council upon the recommendation of the Committee of Permanent Representatives.

4. The ASEAN Secretariat shall operate in accordance with the financial rules and procedures determined by the ASEAN Coordinating Council upon the recommendation of the Committee of Permanent Representatives.

chapter x administration and procedure

article 31 chairman of asean

1. The Chairmanship of ASEAN shall rotate annually, based on the alphabetical order of the English names of Member States.

2. ASEAN shall have, in a calendar year, a single Chairmanship by which the Member State assuming the Chairmanship shall chair:

(a) the ASEAN Summit and related summits;

(b) the ASEAN Coordinating Council;

(d) where appropriate, the relevant ASEAN Sectoral Ministerial Bodies and senior officials; and

(e) the Committee of Permanent Representatives.

article 32 role of the chairman of asean

The Member State holding the Chairmanship of ASEAN shall:

(a) actively promote and enhance the interests and well-being of ASEAN, including efforts to build an ASEAN Community through policy initiatives, coordination, consensus and cooperation;

(b) ensure the centrality of ASEAN;

(c) ensure an effective and timely response to urgent issues or crisis situations affecting ASEAN, including providing its good offices and such other arrangements to immediately address these concerns;

(d) represent ASEAN in strengthening and promoting closer relations with external partners; and

(e) carry out such other tasks and functions as may be mandated.

article 33 diplomatic protocol and practices

ASEAN and its Member States shall adhere to existing diplomatic protocol and practices in the conduct of all activities relating to ASEAN. Any changes shall be approved by the ASEAN Coordinating Council upon the recommendation of the Committee of Permanent Representatives.

article 34 working language of asean

The working language of ASEAN shall be English.

chapter xi identity and symbols

article 35 asean identity

ASEAN shall promote its common ASEAN identity and a sense of belonging among its peoples in order to achieve its shared destiny, goals and values.

article 36 asean motto

The ASEAN motto shall be: “One Vision, One Identity, One Community’.

article 37 asean flag

The ASEAN flag shall be as shown in Annex 3.

article 38 asean emblem

The ASEAN emblem shall be as shown in Annex 4.

article 39 asean day

The eighth of August shall be observed as ASEAN Day.

article 40 asean anthem

ASEAN shall have an anthem.

chapter xii external relations

article 41 conduct of external relations

1. ASEAN shall develop friendly relations and mutually beneficial dialogue, cooperation and partnerships with countries and sub-regional, regional and international organisations and institutions.

2. The external relations of ASEAN shall adhere to the purposes and principles set forth in this Charter.

3. ASEAN shall be the primary driving force in regional arrangements that it initiates and maintain its centrality in regional cooperation and community building.

4. In the conduct of external relations of ASEAN, Member States shall, on the basis of unity and solidarity, coordinate and endeavour to develop common positions and pursue joint actions.

5. The strategic policy directions of ASEAN’s external relations shall be set by the ASEAN Summit upon the recommendation of the ASEAN Foreign Ministers Meeting.

6. The ASEAN Foreign Ministers Meeting shall ensure consistency and coherence in the conduct of ASEAN’s external relations.

7. ASEAN may conclude agreements with countries or sub-regional, regional and international organisations and institutions. The procedures for concluding such agreements shall be prescribed by the ASEAN Coordinating Council in consultation with the ASEAN Community Councils.

article 42 dialogue coordinator

1. Member States, acting as Country Coordinators, shall take turns to take overall responsibility in coordinating and promoting the interests of ASEAN in its relations with the relevant Dialogue Partners, regional and international organisations and institutions.

2. In relations with the external partners, the Country Coordinators shall, inter alia:

(a) represent ASEAN and enhance relations on the basis of mutual respect and equality, in conformity with ASEAN’s principles;

(b) co-chair relevant meetings between ASEAN and external partners; and

article 43 asean committees in third countries and international organisations

1. ASEAN Committees in Third Countries may be established in non-ASEAN countries comprising heads of diplomatic missions of ASEAN Member States. Similar Committees may be established relating to international organisations. Such Committees shall promote ASEAN’s interests and identity in the host countries and international organisations.

2. The ASEAN Foreign Ministers Meeting shall determine the rules of procedure of such Committees.

article 44 status of external parties

1. In conducting ASEAN’s external relations, the ASEAN Foreign Ministers Meeting may confer on an external party the formal status of Dialogue Partner, Sectoral Dialogue Partner, Development Partner, Special Observer, Guest, or other status that may be established henceforth.

2. External parties may be invited to ASEAN meetings or cooperative activities without being conferred any formal status, in accordance with the rules of procedure.

article 45

relations with the united nations system and

other international organisations and institutions

1. ASEAN may seek an appropriate status with the United Nations system as well as with other sub-regional, regional, international organisations and institutions.

2. The ASEAN Coordinating Council shall decide on the participation of ASEAN in other sub-regional, regional, international organisations and institutions.

article 46 accreditation of non-asean member states to asean

Non-ASEAN Member States and relevant intergovernmental organisations may appoint and accredit Ambassadors to ASEAN. The ASEAN Foreign Ministers Meeting shall decide on such accreditation.

chapter xiii general and final provisions

article 47

signature, ratification, depository and entry into force

1. This Charter shall be signed by all ASEAN Member States.

2. This Charter shall be subject to ratification by all ASEAN Member States in accordance with their respective internal procedures.

3. Instruments of ratification shall be deposited with the Secretary-General of ASEAN who shall promptly notify all Member States of each deposit.

4. This Charter shall enter into force on the thirtieth day following the date of deposit of the tenth instrument of ratification with the Secretary-General of ASEAN.

article 48 amendments

1. Any Member State may propose amendments to the Charter.

2. Proposed amendments to the Charter shall be submitted by the ASEAN Coordinating Council by consensus to the ASEAN Summit for its decision.

3. Amendments to the Charter agreed to by consensus by the ASEAN Summit shall be ratified by all Member States in accordance with Article 47.

4. An amendment shall enter into force on the thirtieth day following the date of deposit of the last instrument of ratification with the Secretary-General of ASEAN.

article 49 terms of reference and rules of procedure

Unless otherwise provided for in this Charter, the ASEAN Coordinating Council shall determine the terms of reference and rules of procedure and shall ensure their consistency.

article 50 review

This Charter may be reviewed five years after its entry into force or as otherwise determined by the ASEAN Summit.

article 51 interpretation of the charter

1. Upon the request of any Member State, the interpretation of the Charter shall be undertaken by the ASEAN Secretariat in accordance with the rules of procedure determined by the ASEAN Coordinating Council.

2. Any dispute arising from the interpretation of the Charter shall be settled in accordance with the relevant provisions in Chapter VIII.

3. Headings and titles used throughout the Charter shall only be for the purpose of reference.

article 52 legal continuity

1. All treaties, conventions, agreements, concords, declarations, protocols and other ASEAN instruments which have been in effect before the entry into force of this Charter shall continue to be valid.

2. In case of inconsistency between the rights and obligations of ASEAN Member States under such instruments and this Charter, the Charter shall prevail.

article 53 original text

The signed original text of this Charter in English shall be deposited with the Secretary-General of ASEAN, who shall provide a certified copy to each Member State.

article 54 registration of the asean charter

This Charter shall be registered by the Secretary-General of ASEAN with the Secretariat of the United Nations, pursuant to Article 102, paragraph 1 of the Charter of the United Nations.

article 55 asean assets

The assets and funds of the Organisation shall be vested in the name of ASEAN.

Done in Singapore on the Twentieth Day of November in the Year Two Thousand and Seven, in a single original in the English language.

For Brunei Darussalam:

haji hassanal bolkiah

Sultan of Brunei Darussalam

For the Kingdom of Cambodia:

samdech hun sen

Prime Minister

For the Republic of Indonesia:

dr. susilo bambang yudhoyono

President

For the Lao People’s Democratic Republic:

bouasone bouphavanh

Prime Minister

For Malaysia:

dato’ seri abdullah ahmad badawi

Prime Minister

For the Union of Myanmar: if

general thein sein

Prime Minister

For the Republic of the Philippines:

jiit^jk-

gloria macapagal-arroyo

President

For the Republic of Singapore:

lee hsien loong

Prime Minister

For the Kingdom of Thailand:

3. HUP

general surayud chulanont (ret.)

Prime Minister

ANNEX 1

asean sectoral ministerial bodies

i. asean political-security community

1. ASEAN Foreign Ministers Meeting (AMM)

• ASEAN Senior Officials Meeting (ASEAN SOM)

• ASEAN Standing Committee (ASC)

• Senior Officials Meeting on Development Planning (SOMDP)

2. Commission on the Southeast Asia Nuclear Weapon- Free Zone (SEANWFZ Commission)

• Executive Committee of the SEANWFZ Commission

3. ASEAN Defence Ministers Meeting (ADMM)

• ASEAN Defence Senior Officials Meeting (ADSOM)

4. ASEAN Law Ministers Meeting (ALAWMM)

• ASEAN Senior Law Officials Meeting (ASLOM)

5. ASEAN Ministerial Meeting on Transnational Crime (AMMTC)

• Senior Officials Meeting on Transnational Crime (SOMTC)

• ASEAN Senior Officials on Drugs Matters (ASOD)

• Directors-General of Immigration Departments

and Heads of Consular Affairs Divisions of Ministries of Foreign Affairs Meeting (DGICM)

6. ASEAN Regional Forum (ARF)

• ASEAN Regional Forum Senior Officials Meeting (ARF SOM)

ii. asean economic community

1. ASEAN Economic Ministers Meeting (AEM)

• High Level Task Force on ASEAN Economic Integration (HLTF-EI)

• Senior Economic Officials Meeting (SEOM)

2. ASEAN Free Trade Area (AFTA) Council

3. ASEAN Investment Area (AIA) Council

4. ASEAN Finance Ministers Meeting (AFMM)

• ASEAN Finance and Central Bank Deputies Meeting (AFDM)

• ASEAN Directors-General of Customs Meeting (Customs DG)

5. ASEAN Ministers Meeting on Agriculture and Forestry (AMAF)

• Senior Officials Meeting of the ASEAN Ministers on Agriculture and Forestry (SOM-AMAF)

• ASEAN Senior Officials on Forestry (ASOF)

6. ASEAN Ministers on Energy Meeting (AMEM) • Senior Officials Meeting on Energy (SOME)

7. ASEAN Ministerial Meeting on Minerals (AMMin)

• ASEAN Senior Officials Meeting on Minerals (ASOMM)

8. ASEAN Ministerial Meeting on Science and Technology (AMMST)

• Committee on Science and Technology (COST)

9. ASEAN Telecommunications and Information Technology Ministers Meeting (TELMIN)

• Telecommunications and Information Technology Senior Officials Meeting (TELSOM)

• ASEAN Telecommunication Regulators’ Council (ATRC)

10. ASEAN Transport Ministers Meeting (ATM)

• Senior Transport Officials Meeting (STOM)

11. Meeting of the ASEAN Tourism Ministers (M-ATM)

• Meeting of the ASEAN National Tourism Organisations (ASEAN NTOs)

12. ASEAN Mekong Basin Development Cooperation (AMBDC)

• ASEAN Mekong Basin Development Cooperation Steering Committee (AMBDC SC)

• High Level Finance Committee (HLFC)

13. ASEAN Centre for Energy

14. ASEAN-Japan Centre in Tokyo

iii. asean socio-cultural community

1. ASEAN Ministers Responsible for Information (AMRI)

• Senior Officials Meeting Responsible for Information (SOMRI)

2. ASEAN Ministers Responsible for Culture and Arts

(AMCA)

• Senior Officials Meeting for Culture and Arts (SOMCA)

3. ASEAN Education Ministers Meeting (ASED)

• Senior Officials Meeting on Education (SOM-ED)

4. ASEAN Ministerial Meeting on Disaster Management

(AMMDM)

• ASEAN Committee on Disaster Management (ACDM)

5. ASEAN Ministerial Meeting on the Environment

(AMME)

• ASEAN Senior Officials on the Environment (ASOEN)

6. Conference of the Parties to the ASEAN Agreement

on Transboundary Haze Pollution (COP)

• Committee (COM) under the COP to the ASEAN Agreement on Transboundary Haze Pollution

7. ASEAN Health Ministers Meeting (AHMM)

• Senior Officials Meeting on Health Development (SOMHD)

8. ASEAN Labour Ministers Meeting (ALMM)

• Senior Labour Officials Meeting (SLOM)

• ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers

9. ASEAN Ministers on Rural Development and Poverty Eradication (AMRDPE)

• Senior Officials Meeting on Rural Development and Poverty Eradication (SOMRDPE)

10. ASEAN Ministerial Meeting on Social Welfare and Development (AMMSWD)

• Senior Officials Meeting on Social Welfare and Development (SOMSWD)

11. ASEAN Ministerial Meeting on Youth (AMMY)

• Senior Officials Meeting on Youth (SOMY)

12. ASEAN Conference on Civil Service Matters (ACCSM)

13. ASEAN Centre for Biodiversity (ACB)

14. ASEAN Coordinating Centre for Humanitarian Assistance on disaster management (AHA Centre)

15. ASEAN Earthquakes Information Centre

16. ASEAN Specialised Meteorological Centre (ASMC)

17. ASEAN University Network (AUN)

ANNEX 2

entities associated with asean

i. parliamentarians

ASEAN Inter-Parliamentary Assembly (AIPA)

ii. business organisations

ASEAN Airlines Meeting

ASEAN Alliance of Health Supplement Association (AAHSA)

ASEAN Automotive Federation (AAF) ASEAN Bankers Association (ABA) ASEAN Business Advisory Council (ASEAN-BAC) ASEAN Business Forum (ABF)

ASEAN Chamber of Commerce and Industry (ASEAN- CCI)

ASEAN Chemical Industries Council

ASEAN Federation of Textiles Industries (AFTEX)

ASEAN Furniture Industries Council (AFIC)

ASEAN Insurance Council (AIC)

ASEAN Intellectual Property Association (ASEAN IPA)

ASEAN International Airports Association (AAA)

ASEAN Iron & Steel Industry Federation

ASEAN Pharmaceutical Club

ASEAN Tourism Association (ASEANTA)

Federation of ASEAN Economic Associations (FAEA)

Federation of ASEAN Shippers’ Council US-ASEAN Business Council

iii. think tanks and academic institutions

ASEAN-ISIS Network

iv. accredited civil society organisations

ASEAN Academics of Science, Engineering and Technology (ASEAN CASE)

ASEAN Academy of Engineering and Technology (AAET) ASEAN Association for Clinical Laboratory Sciences (AACLS)

ASEAN Association for Planning and Housing (AAPH)

ASEAN Association of Radiologists (AAR)

ASEAN Chess Confederation (ACC)

ASEAN Confederation of Employers (ACE)

ASEAN Confederation of Women’s Organisation (ACWO)

ASEAN Constructors Federation (ACF)

ASEAN Cosmetics Association (ACA)

ASEAN Council for Japan Alumni (ASCOJA)

ASEAN Council of Teachers (ACT)

ASEAN Federation for Psychiatric and Mental Health

(AFPMH)

ASEAN Federation of Accountants (AFA)

ASEAN Federation of Electrical Engineering Contractors

(AFEEC)

ASEAN Federation of Engineering Organization (AFEO)

ASEAN Federation of Flying Clubs (AFFC)

ASEAN Federation of Forwarders Associations (AFFA)

ASEAN Federation of Heart Foundation (AFHF) ASEAN Federation of Land Surveying and Geomatics (ASEAN FLAG)

ASEAN Federation of Mining Association (AFMA)

ASEAN Fisheries Federation (AFF)

ASEAN Football Federation (AFF)

ASEAN Forest Products Industry Club (AFPIC)

ASEAN Forestry Students Association (AFSA)

ASEAN Handicraft Promotion and Development

Association (AHPADA)

ASEAN Kite Council (AKC)

ASEAN Law Association (ALA)

ASEAN Law Students Association (ALSA)

ASEAN Music Industry Association (AMIA)

ASEAN Neurosurgical Society (ANS)

ASEAN NGO Coalition on Ageing

ASEAN Non-Governmental Organizations for the

Prevention of Drugs and Substance Abuse

ASEAN Oleochemical Manufacturers Group (AOMG)

ASEAN Orthopaedic Association (AOA)

ASEAN Paediatric Federation (APF)

ASEAN Para Sports Federation (APSF)

ASEAN Ports Association (APA)

ASEAN Thalassaemia Society (ATS)

ASEAN Valuers Association (AVA)

ASEAN Vegetable Oils Club (AVOC)

Asian Partnership for Development of Human Resources

in Rural Asia (AsiaDHRRA)

Committee for ASEAN Youth Cooperation (CAYC)

Federation of ASEAN Consulting Engineers (FACE)

Federation of ASEAN Public Relations Organizations

(FAPRO)

Federation of ASEAN Shipowners’ Associations (FASA) Medical Association of Southeast Asian Nations

Committee (MASEAN) Rheumatism Association of ASEAN (RAA) Southeast Asia Regional Institute for Community and Education (SEARICE)

Southeast Asian Studies Regional Exchange Program (SEASREP) Foundation

Veterans Confederation of ASEAN Countries (VECONAC)

v. other stakeholders in asean

ASEANAPOL

Federation of Institutes of Food Science and Technology in ASEAN (FIFSTA)

Southeast Asian Fisheries Development Centre (SEAFDEC)

Working Group for an ASEAN Human Rights Mechanism

ANNEX 3

asean flag

The ASEAN Flag represents a stable, peaceful, united and dynamic ASEAN. The colours of the Flag — blue, red, white and yellow — represent the main colours of the flags of all the ASEAN Member States.

The blue represents peace and stability. Red depicts courage and dynamism. White shows purity and yellow symbolises prosperity.

The stalks of padi represent the dream of ASEAN’s Founding Fathers for an ASEAN comprising all the countries in Southeast Asia bound together in friendship and solidarity. The circle represents the unity of ASEAN.

The specification of Pantone Colour adopted for the

colours of the ASEAN Flag are:

Blue : Pantone 19-4053 TC

Red : Pantone 18-1655 TC

White : Pantone 11-4202 TC

Yellow: Pantone 13-0758 TC

For the printed version, the specifications of colours (except white) will follow those for the colours of the ASEAN Emblem, i.e.:

Blue : Pantone 286 or

Process Colour 100C 60M 0Y 6K Red : Pantone Red 032 or

Process Colour 0C 91M 87Y 0K Yellow : Pantone Process Yellow or

Process Colour 0C 0M 100Y 0K

The ratio of the width to the length of the Flag is two to three, and the size specifications for the following Flags are:

Table Flag Room Flag Car Flag Field Flag

10 cm x 15 cm 100 cm x 150 cm 10 cm x 30 cm 200 cm x 300 cm

ANNEX 4

asean emblem

The ASEAN Emblem represents a stable, peaceful, united and dynamic ASEAN. The colours of the Emblem — blue, red, white and yellow — represent the main colours of the crests of all the ASEAN Member States.

The blue represents peace and stability. Red depicts courage and dynamism. White shows purity and yellow symbolises prosperity.

The specification of Pantone Colour adopted for the

colours of the ASEAN Emblem are:

Blue : Pantone 286

Red : Pantone Red 032

Yellow : Pantone Process Yellow

For four-colour printing process, the specifications of colours will be:

Blue : 100C 60 M 0Y 6K (100C 60M 0Y 10K) Red : 0C 91M 87Y 0K (0C 90M 90Y 0K) Yellow : 0C 0M 100Y 0K

Specifications in brackets are to be used when an arbitrary measurement of process colours is not possible.

In Pantone Process Colour Simulator, the specifications equal to:

Blue : Pantone 204-1 Red : Pantone 60-1 Yellow : Pantone 1-3

The font used for the word “ASEAN” in the Emblem is lower-case Helvetica in bold.

Treaties

Full Story

By admin on septiembre 28th, 2010

ASEAN Convention on Counter Terrorism

Member Countries of the Association of Southeast Asian Nations (ASEAN) – Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, and the Socialist Republic of Viet Nam, hereinafter referred to as “the Parties”;

RECALLING the Charter of the United Nations and relevant principles of international law, the relevant international conventions and protocols relating to counter terrorism and relevant resolutions of the United Nations on measures aimed at countering international terrorism, and reaffirming our commitment to protect human rights, fair treatment, the rule of law, and due process as well as the principles enshrined in the Treaty of Amity and Cooperation in Southeast Asia done at Bali on 24 February 1976;

REAFFIRMING that terrorism cannot and should not be associated with any religion, nationality, civilisation or ethnic group;

RECALLING also the ASEAN Declaration on Joint Action to Counter Terrorism and the Declaration on Terrorism adopted at the ASEAN Summits in 2001 and 2002 respectively;

REAFFIRMING our commitment to the Vientiane Action Programme done at Vientiane on 29 November 2004, particularly its thrust on “shaping and sharing of norms” and the need, among others, to work towards the conclusion of an ASEAN Mutual Legal Assistance Agreement, and an ASEAN Convention on Counter Terrorism, and the establishment of an ASEAN Extradition Treaty as envisaged by the 1976 Declaration of ASEAN Concord;

DEEPLY CONCERNED over the grave danger posed by terrorism to innocent lives, infrastructure and the environment, regional and international peace and stability as well as to economic development;

REALISING the importance of identifying and effectively addressing the root causes of terrorism in the formulation of any counter terrorism measures;

REITERATING that terrorism, in all its forms and manifestations, committed wherever, whenever, and by whomsoever, is a profound threat to international peace and security and a direct challenge to the attainment of peace, progress and prosperity for ASEAN and the realisation of ASEAN Vision 2020;

REAFFIRMING our strong commitment to enhance cooperation in countering terrorism which covers the prevention and suppression of all forms of terrorist acts;

REITERATING the need to improve regional cooperation on counter terrorism and undertake effective measures through deepening cooperation among ASEAN law enforcement agencies and relevant authorities in countering terrorism;

ENCOURAGING the Parties to become parties as soon as possible to the relevant international conventions and protocols relating to counter terrorism;

Have agreed as follows:

Article I

Objective

This Convention shall provide for the framework for regional cooperation to counter, prevent and suppress terrorism in all its forms and manifestations and to deepen cooperation among law enforcement agencies and relevant authorities of the Parties in countering terrorism.

Article II

Criminal Acts of Terrorism

1. For the purposes of this Convention, “offence” means any of the offences within the scope of and as defined in any of the treaties listed as follows:

Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970;

Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, concluded at Montreal on 23 September 1971;

Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, adopted in New York on 14 December 1973;

International Convention Against the Taking of Hostages, adopted in New York on 17 December 1979;

Convention on the Physical Protection of Nuclear Material, adopted in Vienna on 26 October 1979;f. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on 24 February 1988;

Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10 March 1988;

Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988;

International Convention for the Suppression of Terrorist Bombings, adopted in New York on 15 December 1997;

International Convention for the Suppression of the Financing of Terrorism, adopted in New York on 9 December 1999;

International Convention for the Suppression of Acts of Nuclear Terrorism, adopted in New York on 13 April 2005;

Amendment to the Convention on the Physical Protection of Nuclear Material, done at Vienna on 8 July 2005;

Protocol of 2005 to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at London on 14 October 2005; and

Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, done at London on 14 October 2005.

2. On depositing its instrument of ratification or approval, a Party which is not a Party to a treaty listed in paragraph 1 of this Article may declare that, in the application of this Convention to that Party, that treaty shall be deemed not to be included in paragraph 1 of this Article. This declaration shall cease to have an effect as soon as the treaty enters into force for the Party having made such a declaration, which shall notify the depositary as stated in paragraph 2 of Article XX of this entry into force.

3. When a Party ceases to be a party to a treaty listed in paragraph 1 of this Article, it may make a declaration as provided for in this Article, with respect to that treaty.

Article III

Sovereign Equality, Territorial Integrity and Non-Interference

The Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-interference in the internal affairs of other Parties.

Article IV

Preservation of Sovereignty

Nothing in this Convention entitles a Party to undertake, in the territory of another Party, the exercise of jurisdiction or performance of functions which are exclusively reserved for the authorities of that other Party by its domestic laws.

Article V

Non-Application

This Convention shall not apply where the offence is committed within a single Party, the alleged offender and the victims are nationals of that Party, the alleged offender is found in the territory of that Party and no other Party has a basis under this Convention to exercise jurisdiction.

Article VI

Areas of Cooperation

1. The areas of cooperation under this Convention may, in conformity with the domestic laws of the respective Parties, include appropriate measures, among others, to:

Take the necessary steps to prevent the commission of terrorist acts, including by the provision of early warning to the other Parties through the exchange of information;

Prevent those who finance, plan, facilitate, or commit terrorist acts from using their respective territories for those purposes against the other Parties and/or the citizens of the other Parties;

Prevent and suppress the financing of terrorist acts;

Prevent the movement of terrorists or terrorist groups by effective border control and controls on issuance of identity papers and travel documents, and through measures for preventing counterfeiting, forgery or fraudulent use of identity papers and travel documents;

Promote capacity-building including trainings and technical cooperation and the holding of regional meetings;

Promote public awareness and participation in efforts to counter terrorism, as well as enhance inter-faith and intra-faith dialogue and dialogue among civilisations;

Enhance cross-border cooperation;

Enhance intelligence exchange and sharing of information;

Enhance existing cooperation towards developing regional databases under the purview of the relevant ASEAN bodies;

Strengthen capability and readiness to deal with chemical, biological, radiological, nuclear (CBRN) terrorism, cyber terrorism and any new forms of terrorism;

Undertake research and development on measures to counter terrorism;

Encourage the use of video conference or teleconference facilities for court proceedings, where appropriate; and

Ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice.

2. Subject to the consent of the Parties concerned, Parties shall cooperate to address the root causes of terrorism and conditions conducive to the spread of terrorism to prevent the perpetration of terrorist acts and the propagation of terrorist cells.

Article VII

State Jurisdiction

1. A Party shall take such measures as may be necessary to establish its jurisdiction over the offences covered in Article II of this Convention when:

The offence is committed in the territory of that Party; or

The offence is committed on board a vessel flying the flag of that Party or an aircraft which is registered under the laws of that Party at the time the offence is committed; or

The offence is committed by a national of that Party.

2. A Party may also establish its jurisdiction over any such offence when:

The offence is committed against a national of that Party; or

The offence is committed against a state or government facility of that Party abroad, including its embassy or other diplomatic or consular premises; or

The offence is committed in an attempt to compel that Party to do or to abstain from doing any act; or

The offence is committed by a stateless person with habitual residence in the territory of that Party.

3. A Party shall likewise establish its jurisdiction over the offences covered in Article II of this Convention in cases where the alleged offender is present in its territory and it does not extradite that person to any of the Parties that have established their jurisdiction in accordance with paragraph 1 or 2 of this Article.

4. This Convention does not exclude the exercise of any criminal jurisdiction established by a Party in accordance with its domestic laws.

Article VIII

Fair Treatment

1. Any person who is taken into custody or regarding whom any other measures are taken or proceedings are carried out pursuant to this Convention shall be guaranteed fair treatment, including enjoyment of all rights and guarantees in conformity with the laws of the Party in the territory of which that person is present and applicable provisions of international law, including international human rights law.

2. Upon receiving information that a person who has committed or who is alleged to have committed an offence covered in Article II of this Convention may be present in its territory, the Party concerned shall take such measures as may be necessary under its domestic laws to investigate the facts contained in the information.

3. Upon being satisfied that the circumstances so warrant, the Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic laws so as to ensure that person’s presence for the purpose of prosecution or extradition.

4. Any person regarding whom measures referred to in paragraph 3 of this Article are being taken shall be entitled:

To communicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that person’s rights;

To be visited by a representative of that State;

To be informed of that person’s rights under subparagraphs (a) and (b) of paragraph 4 of this Article.

5. The rights referred to in paragraph 4 of this Article shall be exercised in conformity with the laws and regulations of the Party in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 4 of this Article are intended.

6. When a Party, pursuant to the present Article, has taken a person into custody, it shall immediately notify, directly or through the Secretary-General of ASEAN, the Parties which have established jurisdiction in accordance with paragraph 1 or 2 of Article VII, and, if it considers it advisable, any other interested Parties, of the fact that such person is in custody and of the circumstances which warrant that person’s detention. The Party which is carrying out the investigation referred to in paragraph 2 of this Article shall promptly inform the said Parties of its findings and shall indicate whether it intends to exercise jurisdiction over the said person.

Article IX

General Provisions

1. The Parties shall adopt such measures as may be necessary, including, where appropriate, national legislation, to ensure that offences covered in Article II of this Convention, especially when it is intended to intimidate a population, or to compel a government or an international organisation to do or to abstain from doing any act, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature.

2. Pursuant to Article VI of this Convention, the Parties shall, where possible, establish channels of communication between their competent agencies to facilitate the exchange of information to prevent the commission of offences covered in Article II of this Convention.

3. The Party where the alleged offender is prosecuted shall, upon the request of the other Parties claiming jurisdiction over the same, communicate the status of the case at any stage of the proceedings to those other Parties.

Article X

Status of Refugees

The Parties shall take appropriate measures, in conformity with the relevant provisions of their respective domestic laws and applicable international law, including international standards of human rights, before granting refugee status, where the Parties recognise and grant such status, for the purpose of ensuring that the asylum seeker has not planned, facilitated or participated in the commission of terrorist acts.

Article XI

Rehabilitative Programmes

The Parties shall endeavour to promote the sharing of best practices on rehabilitative programmes including, where appropriate, social reintegration of persons involved in the commission of any of the offences covered in Article II of this Convention with the objective of preventing the perpetration of terrorist acts.

Article XII

Mutual Legal Assistance in Criminal Matters

1. The Parties shall, in conformity with their respective domestic laws, afford the widest measure of assistance in connection with investigations or criminal proceedings brought in respect of the offences covered in Article II of this Convention.

2. The Parties shall, where they are parties to the Treaty on Mutual Legal Assistance in Criminal Matters done in Kuala Lumpur on 29 November 2004, carry out their obligations under paragraph 1 of this Article in conformity with that Treaty.

Article XIII

Extradition

1. The Party in the territory of which the alleged offender is present shall, in cases to which Article VII of this Convention applies, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the domestic laws of that Party. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the domestic laws of that Party.

2. The offences covered in Article II of this Convention shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the Parties before the entry into force of this Convention. The Parties undertake to include such offences as extraditable offences in every extradition treaty to be subsequently concluded between them.

3. When a Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no extradition treaty, the requested Party may, at its option, and in conformity with its domestic laws, consider this Convention as a legal basis for extradition in respect of the offences covered in Article II of this Convention.

Article XIV

Political Offences Exception

None of the offences covered in Article II of this Convention shall be regarded for the purposes of extradition under Article XIII of this Convention or mutual legal assistance in criminal matters under Article XII of this Convention as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance in criminal matters based on such an offence may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

Article XV

Designation of Central Authorities or Coordinating Structures

Each Party shall designate, as appropriate, a central authority or coordinating structure to enhance cooperation under this Convention.

Article XVI

Implementation, Monitoring and Review

The relevant ASEAN sectoral bodies involved in ASEAN cooperation on countering terrorism shall be responsible for monitoring and reviewing the implementation of this Convention.

Article XVII

Confidentiality

1. Each Party shall preserve the confidentiality and secrecy of documents, records and other information received from any other Party, including the source thereof.

2. No document, record or other information obtained pursuant to this Convention shall be disclosed to or shared with any other Party, State or person except with the prior written consent of the Party which provided such document, record or information.

Article XVIII

Relationship with Other International Instruments

This Convention shall not derogate from obligations subsisting between the Parties pursuant to other international agreements nor, where the Parties agree, shall it prevent the Parties from providing assistance to each other pursuant to other international agreements or the provisions of their respective domestic laws.

Article XIX

Settlement of Disputes

Any difference or dispute between the Parties arising from the interpretation or application of the provisions of this Convention shall be settled amicably through consultation and negotiation between the Parties through diplomatic channels or any other peaceful means for the settlement of disputes as agreed upon between the Parties.

Article XX

Ratification, Approval and Depositary

1. This Convention shall be subject to ratification or approval in accordance with the internal procedures of the Parties.

2. The instruments of ratification or approval shall be deposited with the Secretary-General of ASEAN who shall promptly inform the other Parties of such deposit.

Article XXI

Entry into Force and Amendment

1. This Convention shall enter into force on the 30th (thirtieth) day following the date of the deposit of the 6th (sixth) instrument of ratification or approval with the Secretary-General of ASEAN in respect of those Parties that have submitted their instruments of ratification or approval.

2. For any Party ratifying or approving this Convention after the deposit of the 6th (sixth) instrument of ratification or approval, but before the day the Convention enters into force, the Convention shall also apply to that Party on the date the Convention enters into force.

3. In respect of a Party ratifying or approving this Convention subsequent to its entry into force pursuant to paragraph 1, it shall enter into force for that Party on the date its instrument of ratification or approval is deposited.

4. This Convention may be modified or amended at any time by mutual written consent of the Parties. Such modification or amendment shall enter into force on such date as shall be mutually agreed upon by Parties and shall form part of this Convention.

5. Any modification or amendment shall not affect the rights and obligations of the Parties arising from or based on the provisions of this Convention before the entry into force of such modification or amendment.

Article XXII

Withdrawal

1. Any Party may withdraw from this Convention at any time after the date of the entry into force of this Convention for that Party.

2. The withdrawal shall be notified by an instrument of withdrawal to the Secretary-General of ASEAN.

3. The withdrawal shall take effect 180 (one hundred and eighty) days after the receipt of the instrument of withdrawal by the Secretary-General of ASEAN.

4. The Secretary-General of ASEAN shall promptly notify all the other Parties of any withdrawal.

Article XXIII

Registration

This Convention shall be registered by the Secretary-General of ASEAN to the United Nations Secretariat pursuant to Article 102 of the Charter of the United Nations.

DONE at Cebu, Philippines, this Thirteenth Day of January in the Year Two Thousand and Seven, in a single original copy in the English language.

For Brunei Darussalam:

HAJI HASSANAL BOLKIAHSultan of Brunei Darussalam

For the Kingdom of Cambodia:

SAMDECH HUN SENPrime Minister

For the Republic of Indonesia:

DR. SUSILO BAMBANG YUDHOYONOPresident

For the Lao People’s Democratic Republic:

BOUASONE BOUPHAVANH Prime Minister

For Malaysia:

DATO’ SERI ABDULLAH AHMAD BADAWIPrime Minister

For the Union of Myanmar:

GENERAL SOE WINPrime Minister

For the Republic of the Philippines:

GLORIA MACAPAGAL-ARROYOPresident

For the Republic of Singapore:

LEE HSIEN LOONGPrime Minister

For the Kingdom of Thailand:

GENERAL SURAYUD CHULANONT (RET.)Prime Minister

For the Socialist Republic of Viet Nam:

NGUYEN TAN DUNGPrime Minister

Treaties

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By admin on septiembre 27th, 2010

Treaty of Lisbon (2007)

Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community

PREAMBLEHIS MAJESTY THE KING OF THE BELGIANS,THE PRESIDENT OF THE REPUBLIC OF BULGARIA,THE PRESIDENT OF THE CZECH REPUBLIC,HER MAJESTY THE QUEEN OF DENMARK,THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,THE PRESIDENT OF THE REPUBLIC OF ESTONIA,THE PRESIDENT OF IRELAND,THE PRESIDENT OF THE HELLENIC REPUBLIC,HIS MAJESTY THE KING OF SPAIN,THE PRESIDENT OF THE FRENCH REPUBLIC,THE PRESIDENT OF THE ITALIAN REPUBLIC,THE PRESIDENT OF THE REPUBLIC OF CYPRUS,THE PRESIDENT OF THE REPUBLIC OF LATVIA,THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,THE PRESIDENT OF THE REPUBLIC OF HUNGARY,THE PRESIDENT OF MALTA,HER MAJESTY THE QUEEN OF THE NETHERLANDS,THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,THE PRESIDENT OF THE REPUBLIC OF POLAND,THE PRESIDENT OF THE PORTUGUESE REPUBLIC,THE PRESIDENT OF ROMANIA,THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,THE PRESIDENT OF THE SLOVAK REPUBLIC,THE PRESIDENT OF THE REPUBLIC OF FINLAND,THE GOVERNMENT OF THE KINGDOM OF SWEDEN,HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,DESIRING to complete the process started by the Treaty of Amsterdam and by the Treaty of Nice with a view to enhancing the efficiency and democratic legitimacy of the Union and to improving the coherence of its action,HAVE RESOLVED to amend the Treaty on European Union, the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community,and to this end have designated as their Plenipotentiaries:HIS MAJESTY THE KING OF THE BELGIANSGuy VERHOFSTADTPrime MinisterKarel DE GUCHTMinister for Foreign AffairsTHE PRESIDENT OF THE REPUBLIC OF BULGARIASergei STANISHEVPrime MinisterIvailo KALFINEDeputy Prime Minister and Minister for Foreign AffairsTHE PRESIDENT OF THE CZECH REPUBLICMirek TOPOLÁNEKPrime MinisterKarel SCHWARZENBERGMinister for Foreign AffairsHER MAJESTY THE QUEEN OF DENMARKAnders Fogh RASMUSSENPrime MinisterPer Stig MØLLERMinister for Foreign AffairsTHE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANYDr Angela MERKELFederal ChancellorDr Frank-Walter STEINMEIERDeputy Federal Chancellor and Federal Minister for Foreign AffairsTHE PRESIDENT OF THE REPUBLIC OF ESTONIAAndrus ANSIPPrime MinisterUrmas PAETMinister for Foreign AffairsTHE PRESIDENT OF IRELANDBertie AHERNTaoiseach (Prime Minister)Dermot AHERNMinister for Foreign AffairsTHE PRESIDENT OF THE HELLENIC REPUBLICKonstantinos KARAMANLISPrime MinisterDora BAKOYANNISMinister for Foreign AffairsHIS MAJESTY THE KING OF SPAINJosé Luis RODRÍGUEZ ZAPATEROPresident of the GovernmentMiguel Ángel MORATINOS CUYAUBÉMinister for Foreign Affairs and CooperationTHE PRESIDENT OF THE FRENCH REPUBLICNicolas SARKOZYPresidentFrançois FILLONPrime MinisterBernard KOUCHNERMinister for Foreign and European AffairsTHE PRESIDENT OF THE ITALIAN REPUBLICRomano PRODIPresident of the Council of MinistersMassimo D’ALEMAVice-President of the Council of Ministers and Minister for Foreign AffairsTHE PRESIDENT OF THE REPUBLIC OF CYPRUSTassos PAPADOPOULOSPresidentErato KOZAKOU-MARCOULLISMinister for Foreign AffairsTHE PRESIDENT OF THE REPUBLIC OF LATVIAValdis ZATLERSPresidentAigars KALVĪTISPrime MinisterMāris RIEKSTIŅŠMinister for Foreign AffairsTHE PRESIDENT OF THE REPUBLIC OF LITHUANIAValdas ADAMKUSPresidentGediminas KIRKILASPrime MinisterPetras VAITIEKŪNASMinister for Foreign AffairsHIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURGJean-Claude JUNCKERPrime Minister, Minister of StateJean ASSELBORNMinister for Foreign Affairs and ImmigrationTHE PRESIDENT OF THE REPUBLIC OF HUNGARYFerenc GYURCSÁNYPrime MinisterDr Kinga GÖNCZMinister for Foreign AffairsTHE PRESIDENT OF MALTAThe Hon. Lawrence GONZIPrime MinisterThe Hon. Michael FRENDOMinister for Foreign AffairsHER MAJESTY THE QUEEN OF THE NETHERLANDSDr J. P. BALKENENDEPrime MinisterM. J. M. VERHAGENMinister for Foreign AffairsTHE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIADr Alfred GUSENBAUERFederal ChancellorDr Ursula PLASSNIKFederal Minister for European and International AffairsTHE PRESIDENT OF THE REPUBLIC OF POLANDDonald TUSKPrime MinisterRadosław SIKORSKIMinister for Foreign AffairsTHE PRESIDENT OF THE PORTUGUESE REPUBLICJosé SÓCRATES CARVALHO PINTO DE SOUSAPrime MinisterLuís Filipe MARQUES AMADOMinister of State; Minister for Foreign AffairsTHE PRESIDENT OF ROMANIA,Traian BĂSESCUPresidentCălin POPESCU-TĂRICEANUPrime MinisterAdrian CIOROIANUMinister for Foreign AffairsTHE PRESIDENT OF THE REPUBLIC OF SLOVENIAJanez JANŠAPresident of the GovernmentDr Dimitrij RUPELMinister for Foreign AffairsTHE PRESIDENT OF THE SLOVAK REPUBLICRobert FICOPrime MinisterJán KUBIŠMinister for Foreign AffairsTHE PRESIDENT OF THE REPUBLIC OF FINLANDMatti VANHANENPrime MinisterIlkka KANERVAMinister for Foreign AffairsTHE GOVERNMENT OF THE KINGDOM OF SWEDENFredrik REINFELDTPrime MinisterCecilia MALMSTRÖMMinister for European AffairsHER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELANDThe Rt Hon. Gordon BROWNPrime MinisterThe Rt Hon. David MILIBANDSecretary of State for Foreign and Commonwealth AffairsWHO, having exchanged their full powers, found in good and due form,HAVE AGREED AS FOLLOWS:AMENDMENTS TO THE TREATY ON EUROPEAN UNION AND TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITYArticle 1The Treaty on European Union shall be amended in accordance with the provisions of this Article.Preamble1) The preamble shall be amended as follows:(a) the following text shall be inserted as the second recital:”DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law,”; (b) In the seventh, which shall become the eighth, recital, the words “of this Treaty” shall be replaced by “of this Treaty and of the Treaty on the Functioning of the European Union,”;(c) In the eleventh, which shall become the twelfth, recital, the words “of this Treaty” shall be replaced by “of this Treaty and of the Treaty on the Functioning of the European Union,”.General provisions2) Article 1 shall be amended as follows:(a) the following words shall be inserted at the end of the first paragraph:”on which the Member States confer competences to attain objectives they have in common.”;(b) the third paragraph shall be replaced by the following:”The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as “the Treaties”). Those two Treaties shall have the same legal value. The Union shall replace and succeed the European Community.”.3) The following Article 1a shall be inserted:”Article 1aThe Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.”.4) Article 2 shall be replaced by the following:”Article 21. The Union’s aim is to promote peace, its values and the well-being of its peoples.2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.3. The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance.It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.It shall promote economic, social and territorial cohesion, and solidarity among Member States.It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced.4. The Union shall establish an economic and monetary union whose currency is the euro.5. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.6. The Union shall pursue its objectives by appropriate means commensurate with the competences which are conferred upon it in the Treaties.”.5) Article 3 shall be repealed, and the following Article 3a shall be inserted:”Article 3a1. In accordance with Article 3b, competences not conferred upon the Union in the Treaties remain with the Member States.2. The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State.3. Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.The Member States shall facilitate the achievement of the Union’s tasks and refrain from any measure which could jeopardise the attainment of the Union’s objectives.”.6) The following Article 3b shall be inserted, replacing Article 5 of the Treaty establishing the European Community:”Article 3b1. The limits of Union competences are governed by the principle of conferral. The use of Union competences is governed by the principles of subsidiarity and proportionality.2. Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States.3. Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.The institutions of the Union shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality. National Parliaments ensure compliance with the principle of subsidiarity in accordance with the procedure set out in that Protocol.4. Under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties.The institutions of the Union shall apply the principle of proportionality as laid down in the Protocol on the application of the principles of subsidiarity and proportionality.”.7) Articles 4 and 5 shall be repealed.8) Article 6 shall be replaced by the following:”Article 61. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties.The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties.The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions.2. The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union’s competences as defined in the Treaties.3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union’s law.”9) Article 7 shall be amended as follows:(a) throughout the Article, the word “assent” shall be replaced by “consent”, the reference to breach “of principles mentioned in Article 6(1)” shall be replaced by a reference to breach “of the values referred to in Article 1a”, the words “of this Treaty” shall be replaced by “of the Treaties” and the word “Commission” shall be replaced by “European Commission”;(b) at the end of the first sentence of the first subparagraph of paragraph 1, the words “and address appropriate recommendations to that State” shall be deleted; at the end of the last sentence, the words “and, acting in accordance with the same procedure, may call on independent persons to submit within a reasonable time limit a report on the situation in the Member State in question” shall be replaced by “and may address recommendations to it, acting in accordance with the same procedure.”;(c) in paragraph 2, the words “The Council, meeting in the composition of the Heads of State or Government and acting by unanimity” shall be replaced by “The European Council, acting by unanimity” and the words “the government of the Member State in question” shall be replaced by “the Member State in question”;(d) paragraphs 5 and 6 shall be replaced by the following:”5. The voting arrangements applying to the European Parliament, the European Council and the Council for the purposes of this Article are laid down in Article 309 of the Treaty on the Functioning of the European Union.”10) The following new Article 7a shall be inserted:”Article 7a1. The Union shall develop a special relationship with neighbouring countries, aiming to establish an area of prosperity and good neighbourliness, founded on the values of the Union and characterised by close and peaceful relations based on cooperation.2. For the purposes of paragraph 1, the Union may conclude specific agreements with the countries concerned. These agreements may contain reciprocal rights and obligations as well as the possibility of undertaking activities jointly. Their implementation shall be the subject of periodic consultation.”.11) The provisions of Title II shall be incorporated into the Treaty establishing the European Community, as amended elsewhere, which shall become the Treaty on the Functioning of the European Union.Democratic principles12) Title II and Article 8 shall be replaced by the following new heading and new Articles 8 to 8 C:”TITLE IIPROVISIONS ON DEMOCRATIC PRINCIPLESArticle 8In all its activities, the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies. Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to national citizenship and shall not replace it.Article 8 A1. The functioning of the Union shall be founded on representative democracy.2. Citizens are directly represented at Union level in the European Parliament.Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national Parliaments, or to their citizens.3. Every citizen shall have the right to participate in the democratic life of the Union. Decisions shall be taken as openly and as closely as possible to the citizen.4. Political parties at European level contribute to forming European political awareness and to expressing the will of citizens of the Union.Article 8 B1. The institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.2. The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society.3. The European Commission shall carry out broad consultations with parties concerned in order to ensure that the Union’s actions are coherent and transparent.4. Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties.The procedures and conditions required for such a citizens’ initiative shall be determined in accordance with the first paragraph of Article 21 of the Treaty on the Functioning of the European Union.Article 8 CNational Parliaments contribute actively to the good functioning of the Union:(a) through being informed by the institutions of the Union and having draft legislative acts of the Union forwarded to them in accordance with the Protocol on the role of national Parliaments in the European Union;(b) by seeing to it that the principle of subsidiarity is respected in accordance with the procedures provided for in the Protocol on the application of the principles of subsidiarity and proportionality;(c) by taking part, within the framework of the area of freedom, security and justice, in the evaluation mechanisms for the implementation of the Union policies in that area, in accordance with Article 61 C of the Treaty on the Functioning of the European Union, and through being involved in the political monitoring of Europol and the evaluation of Eurojust’s activities in accordance with Articles 69 G and 69 D of that Treaty;(d) by taking part in the revision procedures of the Treaties, in accordance with Article 48 of this Treaty;(e) by being notified of applications for accession to the Union, in accordance with Article 49 of this Treaty;(f) by taking part in the inter-parliamentary cooperation between national Parliaments and with the European Parliament, in accordance with the Protocol on the role of national Parliaments in the European Union.”Institutions13) The provisions of Title III shall be repealed. Title III shall be replaced by the following heading:”TITLE IIIPROVISIONS ON THE INSTITUTIONS”.14) Article 9 shall be replaced by the following:”Article 91. The Union shall have an institutional framework which shall aim to promote its values, advance its objectives, serve its interests, those of its citizens and those of the Member States, and ensure the consistency, effectiveness and continuity of its policies and actions.The Union’s institutions shall be:- the European Parliament,- the European Council,- the Council,- the European Commission (hereinafter referred to as “the Commission”),- the Court of Justice of the European Union,- the European Central Bank,- the Court of Auditors.2. Each institution shall act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them. The institutions shall practice mutual sincere cooperation.3. The provisions relating to the European Central Bank and the Court of Auditors and detailed provisions on the other institutions are set out in the Treaty on the Functioning of the European Union.4. The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions acting in an advisory capacity.”.15) An Article 9 A shall be inserted:”Article 9 A1. The European Parliament shall, jointly with the Council, exercise legislative and budgetary functions. It shall exercise functions of political control and consultation as laid down in the Treaties. It shall elect the President of the Commission.2. The European Parliament shall be composed of representatives of the Union’s citizens. They shall not exceed seven hundred and fifty in number, plus the President. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats.The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.3. The members of the European Parliament shall be elected for a term of five years by direct universal suffrage in a free and secret ballot.4. The European Parliament shall elect its President and its officers from among its members.”.16) An Article 9 B shall be inserted:”Article 9 B1. The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions.2. The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work.3. The European Council shall meet twice every six months, convened by its President. When the agenda so requires, the members of the European Council may decide each to be assisted by a minister and, in the case of the President of the Commission, by a member of the Commission. When the situation so requires, the President shall convene a special meeting of the European Council.4. Except where the Treaties provide otherwise, decisions of the European Council shall be taken by consensus.5. The European Council shall elect its President, by a qualified majority, for a term of two and a half years, renewable once. In the event of an impediment or serious misconduct, the European Council can end the President’s term of office in accordance with the same procedure.6. The President of the European Council:(a) shall chair it and drive forward its work;(b) shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council;(c) shall endeavour to facilitate cohesion and consensus within the European Council;(d) shall present a report to the European Parliament after each of the meetings of the European Council.The President of the European Council shall, at his level and in that capacity, ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy.The President of the European Council shall not hold a national office.”.17) An Article 9 C shall be inserted:”Article 9 C1. The Council shall, jointly with the European Parliament, exercise legislative and budgetary functions. It shall carry out policy-making and coordinating functions as laid down in the Treaties.2. The Council shall consist of a representative of each Member State at ministerial level, who may commit the government of the Member State in question and cast its vote.3. The Council shall act by a qualified majority except where the Treaties provide otherwise.4. As from 1 November 2014, a qualified majority shall be defined as at least 55 % of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65 % of the population of the Union.A blocking minority must include at least four Council members, failing which the qualified majority shall be deemed attained.The other arrangements governing the qualified majority are laid down in Article 205(2) of the Treaty on the Functioning of the European Union.5. The transitional provisions relating to the definition of the qualified majority which shall be applicable until 31 October 2014 and those which shall be applicable from 1 November 2014 to 31 March 2017 are laid down in the Protocol on transitional provisions.6. The Council shall meet in different configurations, the list of which shall be adopted in accordance with Article 201b of the Treaty on the Functioning of the European Union.The General Affairs Council shall ensure consistency in the work of the different Council configurations. It shall prepare and ensure the follow-up to meetings of the European Council, in liaison with the President of the European Council and the Commission.The Foreign Affairs Council shall elaborate the Union’s external action on the basis of strategic guidelines laid down by the European Council and ensure that the Union’s action is consistent.7. A Committee of Permanent Representatives of the Governments of the Member States shall be responsible for preparing the work of the Council.8. The Council shall meet in public when it deliberates and votes on a draft legislative act. To this end, each Council meeting shall be divided into two parts, dealing respectively with deliberations on Union legislative acts and non-legislative activities.9. The Presidency of Council configurations, other than that of Foreign Affairs, shall be held by Member State representatives in the Council on the basis of equal rotation, in accordance with the conditions established in accordance with Article 201b of the Treaty on the Functioning of the European Union.”18) An Article 9 D shall be inserted:”Article 9 D1. The Commission shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them. It shall oversee the application of Union law under the control of the Court of Justice of the European Union. It shall execute the budget and manage programmes. It shall exercise coordinating, executive and management functions, as laid down in the Treaties. With the exception of the common foreign and security policy, and other cases provided for in the Treaties, it shall ensure the Union’s external representation. It shall initiate the Union’s annual and multiannual programming with a view to achieving interinstitutional agreements.2. Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise. Other acts shall be adopted on the basis of a Commission proposal where the Treaties so provide.3. The Commission’s term of office shall be five years.The members of the Commission shall be chosen on the ground of their general competence and European commitment from persons whose independence is beyond doubt.In carrying out its responsibilities, the Commission shall be completely independent. Without prejudice to Article 9 E(2), the members of the Commission shall neither seek nor take instructions from any Government or other institution, body, office or entity. They shall refrain from any action incompatible with their duties or the performance of their tasks.4. The Commission appointed between the date of entry into force of the Treaty of Lisbon and 31 October 2014 shall consist of one national of each Member State, including its President and the High Representative of the Union for Foreign Affairs and Security Policy who shall be one of its Vice-Presidents.5. As from 1 November 2014, the Commission shall consist of a number of members, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, corresponding to two thirds of the number of Member States, unless the European Council, acting unanimously, decides to alter this number.The members of the Commission shall be chosen from among the nationals of the Member States on the basis of a system of strictly equal rotation between the Member States, reflecting the demographic and geographical range of all the Member States. This system shall be established unanimously by the European Council in accordance with Article 211a of the Treaty on the Functioning of the European Union.6. The President of the Commission shall:(a) lay down guidelines within which the Commission is to work;(b) decide on the internal organisation of the Commission, ensuring that it acts consistently, efficiently and as a collegiate body;(c) appoint Vice-Presidents, other than the High Representative of the Union for Foreign Affairs and Security Policy, from among the members of the Commission.A member of the Commission shall resign if the President so requests. The High Representative of the Union for Foreign Affairs and Security Policy shall resign, in accordance with the procedure set out in Article 9 E(1), if the President so requests.7. Taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission. This candidate shall be elected by the European Parliament by a majority of its component members. If he does not obtain the required majority, the European Council, acting by a qualified majority, shall within one month propose a new candidate who shall be elected by the European Parliament following the same procedure.The Council, by common accord with the President-elect, shall adopt the list of the other persons whom it proposes for appointment as members of the Commission. They shall be selected, on the basis of the suggestions made by Member States, in accordance with the criteria set out in paragraph 3, second subparagraph, and paragraph 5, second subparagraph.The President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission shall be subject as a body to a vote of consent by the European Parliament. On the basis of this consent the Commission shall be appointed by the European Council, acting by a qualified majority.8. The Commission, as a body, shall be responsible to the European Parliament. In accordance with Article 201 of the Treaty on the Functioning of the European Union, the European Parliament may vote on a motion of censure of the Commission. If such a motion is carried, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from the duties that he carries out in the Commission.”19) The following new Article 9 E shall be inserted:”Article 9 E1. The European Council, acting by a qualified majority, with the agreement of the President of the Commission, shall appoint the High Representative of the Union for Foreign Affairs and Security Policy. The European Council may end his term of office by the same procedure.2. The High Representative shall conduct the Union’s common foreign and security policy. He shall contribute by his proposals to the development of that policy, which he shall carry out as mandated by the Council. The same shall apply to the common security and defence policy.3. The High Representative shall preside over the Foreign Affairs Council.4. The High Representative shall be one of the Vice-Presidents of the Commission. He shall ensure the consistency of the Union’s external action. He shall be responsible within the Commission for responsibilities incumbent on it in external relations and for coordinating other aspects of the Union’s external action. In exercising these responsibilities within the Commission, and only for these responsibilities, the High Representative shall be bound by Commission procedures to the extent that this is consistent with paragraphs 2 and 3.”.20) An Article 9 F shall be inserted:”Article 9 F1. The Court of Justice of the European Union shall include the Court of Justice, the General Court and specialised courts. It shall ensure that in the interpretation and application of the Treaties the law is observed.Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law.2. The Court of Justice shall consist of one judge from each Member State. It shall be assisted by Advocates-General.The General Court shall include at least one judge per Member State.The judges and the Advocates-General of the Court of Justice and the judges of the General Court shall be chosen from persons whose independence is beyond doubt and who satisfy the conditions set out in Articles 223 and 224 of the Treaty on the Functioning of the European Union. They shall be appointed by common accord of the governments of the Member States for six years. Retiring judges and Advocates-General may be reappointed.3. The Court of Justice of the European Union shall, in accordance with the Treaties:(a) rule on actions brought by a Member State, an institution or a natural or legal person;(b) give preliminary rulings, at the request of courts or tribunals of the Member States, on the interpretation of Union law or the validity of acts adopted by the institutions;(c) rule in other cases provided for in the Treaties.”.21) The provisions of Title IV shall be incorporated into the Treaty establishing the European Atomic Energy Community, as amended elsewhere.Enhanced cooperation22) Title IV shall take over the heading of Title VII, “PROVISIONS ON ENHANCED COOPERATION” and Articles 27 A to 27 E, Articles 40 to 40b and Articles 43 to 45 shall be replaced by the following Article 10, which shall also replace Articles 11 and 11a of the Treaty establishing the European Community. These same articles shall also be replaced by Articles 280 A to 280 I of the Treaty on the Functioning of the European Union, as set out below in point 278 of Article 2 of this Treaty:”Article 101. Member States which wish to establish enhanced cooperation between themselves within the framework of the Union’s non-exclusive competences may make use of its institutions and exercise those competences by applying the relevant provisions of the Treaties, subject to the limits and in accordance with the detailed arrangements laid down in this Article and in Articles 280 A to 280 I of the Treaty on the Functioning of the European Union.Enhanced cooperation shall aim to further the objectives of the Union, protect its interests and reinforce its integration process. Such cooperation shall be open at any time to all Member States, in accordance with Article 280 C of the Treaty on the Functioning of the European Union.2. The decision authorising enhanced cooperation shall be adopted by the Council as a last resort, when it has established that the objectives of such cooperation cannot be attained within a reasonable period by the Union as a whole, and provided that at least nine Member States participate in it. The Council shall act in accordance with the procedure laid down in Article 280 D of the Treaty on the Functioning of the European Union.3. All members of the Council may participate in its deliberations, but only members of the Council representing the Member States participating in enhanced cooperation shall take part in the vote. The voting rules are set out in Article 280 E of the Treaty on the Functioning of the European Union.4. Acts adopted in the framework of enhanced cooperation shall bind only participating Member States. They shall not be regarded as part of the acquis which has to be accepted by candidate States for accession to the Union.”23) Title V shall be renamed as follows: “GENERAL PROVISIONS ON THE UNION’S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY”.General provisions on the Union’s external action24) The following new Chapter 1 and Articles 10 A and 10 B shall be inserted:”CHAPTER 1GENERAL PROVISIONS ON THE UNION’S EXTERNAL ACTIONArticle 10 A1. The Union’s action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.The Union shall seek to develop relations and build partnerships with third countries, and international, regional or global organisations which share the principles referred to in the first subparagraph. It shall promote multilateral solutions to common problems, in particular in the framework of the United Nations.2. The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to:(a) safeguard its values, fundamental interests, security, independence and integrity;(b) consolidate and support democracy, the rule of law, human rights and the principles of international law;(c) preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the United Nations Charter, with the principles of the Helsinki Final Act and with the aims of the Charter of Paris, including those relating to external borders;(d) foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty;(e) encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade;(f) help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development;(g) assist populations, countries and regions confronting natural or man-made disasters; and(h) promote an international system based on stronger multilateral cooperation and good global governance.3. The Union shall respect the principles and pursue the objectives set out in paragraphs 1 and 2 in the development and implementation of the different areas of the Union’s external action covered by this Title and by Part Five of the Treaty on the Functioning of the European Union, and of the external aspects of its other policies.The Union shall ensure consistency between the different areas of its external action and between these and its other policies. The Council and the Commission, assisted by the High Representative of the Union for Foreign Affairs and Security Policy, shall ensure that consistency and shall cooperate to that effect.Article 10 B1. On the basis of the principles and objectives set out in Article 10 A, the European Council shall identify the strategic interests and objectives of the Union.Decisions of the European Council on the strategic interests and objectives of the Union shall relate to the common foreign and security policy and to other areas of the external action of the Union. Such decisions may concern the relations of the Union with a specific country or region or may be thematic in approach. They shall define their duration, and the means to be made available by the Union and the Member States.The European Council shall act unanimously on a recommendation from the Council, adopted by the latter under the arrangements laid down for each area. Decisions of the European Council shall be implemented in accordance with the procedures provided for in the Treaties.2. The High Representative of the Union for Foreign Affairs and Security Policy, for the area of common foreign and security policy, and the Commission, for other areas of external action, may submit joint proposals to the Council.”.The common foreign and security policy25) The following headings shall be inserted:”CHAPTER 2SPECIFIC PROVISIONS ON THE COMMON FOREIGNAND SECURITY POLICYSECTION 1COMMON PROVISIONS”.26) The following new Article 10 C shall be inserted:”Article 10 CThe Union’s action on the international scene, pursuant to this Chapter, shall be guided by the principles, shall pursue the objectives of, and be conducted in accordance with, the general provisions laid down in Chapter 1.”.27) Article 11 shall be amended as follows:(a) paragraph 1 shall be replaced by the following two paragraphs:”1. The Union’s competence in matters of common foreign and security policy shall cover all areas of foreign policy and all questions relating to the Union’s security, including the progressive framing of a common defence policy that might lead to a common defence.The common foreign and security policy is subject to specific rules and procedures. It shall be defined and implemented by the European Council and the Council acting unanimously, except where the Treaties provide otherwise. The adoption of legislative acts shall be excluded. The common foreign and security policy shall be put into effect by the High Representative of the Union for Foreign Affairs and Security Policy and by Member States, in accordance with the Treaties. The specific role of the European Parliament and of the Commission in this area is defined by the Treaties. The Court of Justice of the European Union shall not have jurisdiction with respect to these provisions, with the exception of its jurisdiction to monitor compliance with Article 25b of this Treaty and to review the legality of certain decisions as provided for by the second paragraph of Article 240a of the Treaty on the Functioning of the European Union.2. Within the framework of the principles and objectives of its external action, the Union shall conduct, define and implement a common foreign and security policy, based on the development of mutual political solidarity among Member States, the identification of questions of general interest and the achievement of an ever-increasing degree of convergence of Member States’ actions.”;(b) paragraph 2, renumbered 3, shall be amended as follows:(i) The following words shall be added at the end of the first subparagraph:”and shall comply with the Union’s action in this area.”;(ii) the third subparagraph shall be replaced by “The Council and the High Representative shall ensure compliance with these principles.”.28) Article 12 shall be replaced by the following:”Article 12The Union shall conduct the common foreign and security policy by:(a) defining the general guidelines;(b) adopting decisions defining:(i) actions to be undertaken by the Union;(ii) positions to be taken by the Union;(iii) arrangements for the implementation of the decisions referred to in points (i) and (ii);and by(c) strengthening systematic cooperation between Member States in the conduct of policy.”.29) Article 13 shall be amended as follows:(a) in paragraph 1, the words “define the principles of and general guidelines for” shall be replaced by “identify the Union’s strategic interests, determine the objectives of and define general guidelines for” and the following sentence shall be added: “It shall adopt the necessary decisions.”. The following subparagraph shall be inserted:”If international developments so require, the President of the European Council shall convene an extraordinary meeting of the European Council in order to define the strategic lines of the Union’s policy in the face of such developments.”;(b) paragraph 2 shall be deleted and paragraph 3 shall be renumbered 2. The first subparagraph shall be replaced by the following: “The Council shall frame the common foreign and security policy and take the decisions necessary for defining and implementing it on the basis of the general guidelines and strategic lines defined by the European Council.” The second subparagraph shall be deleted. In the third subparagraph, which shall become the second, the words “shall ensure” shall be replaced by “and the High Representative of the Union for Foreign Affairs and Security Policy shall ensure”;(c) the following new paragraph shall be inserted:”3. The common foreign and security policy shall be put into effect by the High Representative and by the Member States, using national and Union resources.”.30) The following new Article 13a shall be inserted:”Article 13a1. The High Representative of the Union for Foreign Affairs and Security Policy, who shall chair the Foreign Affairs Council, shall contribute through his proposals towards the preparation of the common foreign and security policy and shall ensure implementation of the decisions adopted by the European Council and the Council.2. The High Representative shall represent the Union for matters relating to the common foreign and security policy. He shall conduct political dialogue with third parties on the Union’s behalf and shall express the Union’s position in international organisations and at international conferences.3. In fulfilling his mandate, the High Representative shall be assisted by a European External Action Service. This service shall work in cooperation with the diplomatic services of the Member States and shall comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. The organisation and functioning of the European External Action Service shall be established by a decision of the Council. The Council shall act on a proposal from the High Representative after consulting the European Parliament and after obtaining the consent of the Commission.”.31) Article 14 shall be amended as follows:(a) in paragraph 1, the first two sentences shall be replaced by the following sentence: “Where the international situation requires operational action by the Union, the Council shall adopt the necessary decisions.”;(b) paragraph 2 shall become the second subparagraph of paragraph 1, and the other paragraphs shall be renumbered accordingly. In the first sentence, the words “to joint action,” shall be replaced by “to such a decision,” and the words “that action” shall be replaced by “that decision”. The last sentence shall be deleted;(c) in paragraph 3, renumbered 2, the words “Joint actions” shall be replaced by “Decisions referred to in paragraph 1″;(d) the current paragraph 4 shall be deleted and the remaining paragraphs shall be renumbered accordingly;(e) in the first sentence of paragraph 5, renumbered 3, the words “pursuant to a joint action, information shall be provided in time to allow,” shall be replaced by “pursuant to a decision as referred to in paragraph 1, information shall be provided by the Member State concerned in time to allow,”;(f) in the first sentence of paragraph 6, renumbered 4, the words “failing a Council decision,” shall be replaced by “failing a review of the Council decision as referred to in paragraph 1,” and the words “of the joint action” shall be replaced by “of that decision”;(g) in paragraph 7, renumbered 5, the words “joint action” in the first sentence shall be replaced by “decision as referred to in this Article” and in the second sentence by “decision referred to in paragraph 1″.32) At the beginning of Article 15, the words “The Council shall adopt common positions. Common positions shall define” shall be replaced by “The Council shall adopt decisions which shall define” and at the end of the Article the words “common positions” shall be replaced by “Union positions”.33) An Article 15a shall be inserted, with the text of Article 22, with the following amendments:(a) in paragraph 1, the words “Any Member State or the Commission may refer to the Council any question relating to the common foreign and security policy” shall be replaced by “Any Member State, the High Representative of the Union for Foreign Affairs and Security Policy, or the High Representative with the Commission’s support, may refer any question relating to the common foreign and security policy to the Council” and the words “submit proposals to the Council” shall be replaced by “submit to it initiatives or proposals as appropriate”;(b) in paragraph 2, the words “the Presidency, of its own motion,” shall be replaced by “the High Representative, of his own motion” and the words “, or at the request of the Commission or a Member State,” shall be replaced by “, or at the request of a Member State,”.34) An Article 15b shall be inserted, with the text of Article 23, with the following amendments:(a) in paragraph 1, the first subparagraph shall be replaced by the following: “Decisions under this Chapter shall be taken by the European Council and the Council acting unanimously, except where this Chapter provides otherwise. The adoption of legislative acts shall be excluded.” and the last sentence in the second subparagraph shall be replaced by the following: “If the members of the Council qualifying their abstention in this way represent at least one third of the Member States comprising at least one third of the population of the Union, the decision shall not be adopted.”;(b) paragraph 2 shall be amended as follows:(i) the first indent shall be replaced by the following two indents:”– when adopting a decision defining a Union action or position on the basis of a decision of the European Council relating to the Union’s strategic interests and objectives, as referred to in Article 10 B(1),– when adopting a decision defining a Union action or position, on a proposal which the High Representative of the Union for Foreign Affairs and Security Policy has presented following a specific request from the European Council, made on its own initiative or that of the High Representative,”;(ii) in the second indent, which shall become the third indent, the words “a joint action or a common position,” shall be replaced by “a decision defining a Union action or position,”;(iii) in the second subparagraph, first sentence, the word “important” shall be replaced by “vital”; the last sentence shall be replaced by the following: “The High Representative will, in close consultation with the Member State involved, search for a solution acceptable to it. If he does not succeed, the Council may, acting by a qualified majority, request that the matter be referred to the European Council for a decision by unanimity.”;(iv) the third subparagraph shall be replaced by the following new paragraph 3, the last subparagraph shall become paragraph 4 and paragraph 3 shall be renumbered 5:”3. The European Council may unanimously adopt a decision stipulating that the Council shall act by a qualified majority in cases other than those referred to in paragraph 2.”;(c) in the paragraph now numbered 4, the words “This paragraph shall not apply” shall be replaced by “Paragraphs 2 and 3 shall not apply”.35) Article 16 shall be amended as follows:(a) the words “inform and” shall be deleted, the words “within the Council” shall be replaced by “within the European Council and the Council” and the words “in order to ensure that the Union’s influence is exerted as effectively as possible by means of concerted and convergent action” shall be replaced by “in order to determine a common approach”;(b) the following sentences shall be added after the first sentence: “Before undertaking any action on the international scene or entering into any commitment which could affect the Union’s interests, each Member State shall consult the others within the European Council or the Council. Member States shall ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene. Member States shall show mutual solidarity.”;(c) the following two paragraphs shall be added:”When the European Council or the Council has defined a common approach of the Union within the meaning of the first paragraph, the High Representative of the Union for Foreign Affairs and Security Policy and the Ministers for Foreign Affairs of the Member States shall coordinate their activities within the Council.The diplomatic missions of the Member States and the Union delegations in third countries and at international organisations shall cooperate and shall contribute to formulating and implementing the common approach.”.36) The text of Article 17 shall become Article 28 A, it shall be amended as set out below in point 49.37) Article 18 shall be amended as follows:(a) paragraphs 1 to 4 shall be deleted;(b) in paragraph 5, which shall not be numbered, the words “whenever it deems it necessary,” shall be replaced by “on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy” and the following sentence shall be added at the end: “The special representative shall carry out his mandate under the authority of the High Representative.”.38) Article 19 shall be amended as follows:(a) in paragraph 1, the words “the common positions” shall be replaced by “the Union’s positions” in the first and second subparagraphs and the following sentence shall be added at the end of the first subparagraph: “The High Representative of the Union for Foreign Affairs and Security Policy shall organise this coordination.”;(b) paragraph 2 shall be amended as follows:(i) in the first subparagraph, the words “Without prejudice to paragraph 1 and Article 14(3),” shall be replaced by “In accordance with Article 11(3),” and the words “the latter” shall be replaced by “the other Member States and the High Representative”;(ii) in the second subparagraph, first sentence, the words “and the High Representative” shall be inserted after “the other Member States”; in the second sentence, the word “permanent” shall be deleted and the words “ensure the defence of the positions” shall be replaced by “defend the positions”;(iii) the following new third subparagraph shall be added:”When the Union has defined a position on a subject which is on the United Nations Security Council agenda, those Member States which sit on the Security Council shall request that the High Representative be invited to present the Union’s position.”39) Article 20 shall be amended as follows:(a) in the first paragraph, the words “Commission delegations” shall be replaced by “Union delegations” and the words “the common positions and joint actions adopted by the Council” shall be replaced by “decisions defining Union positions and actions adopted pursuant to this Chapter”;(b) in the second paragraph, the words “information, carrying out joint assessments” shall be replaced by “information and carrying out joint assessments” and the words “and contributing to the implementation of the provisions referred to in Article 20 of the Treaty establishing the European Community” shall be deleted;(c) the following new paragraph shall be added:”They shall contribute to the implementation of the right of citizens of the Union to protection in the territory of third countries as referred to in Article 17(2)(c) of the Treaty on the Functioning of the European Union and of the measures adopted pursuant to Article 20 of that Treaty.”.40) Article 21 shall be amended as follows:(a) the first paragraph shall be replaced by the following:”The High Representative of the Union for Foreign Affairs and Security Policy shall regularly consult the European Parliament on the main aspects and the basic choices of the common foreign and security policy and the common security and defence policy and inform it of how those policies evolve. He shall ensure that the views of the European Parliament are duly taken into consideration. Special representatives may be involved in briefing the European Parliament.”;(b) in the second paragraph, first sentence, the words “and to the High Representative” shall be inserted at the end; in the second sentence, the words “It shall hold an annual debate” shall be replaced by “Twice a year it shall hold a debate” and the words “, including the common security and defence policy” shall be inserted at the end.41) The text of Article 22 shall become Article 15a; it shall be amended as set out above in point 33.42) The text of Article 23 shall become Article 15b; it shall be amended as set out above in point 34.43) Article 24 shall be replaced by the following:”Article 24The Union may conclude agreements with one or more States or international organisations in areas covered by this Chapter.”.44) Article 25 shall be amended as follows:(a) in the first paragraph, first sentence, the reference to the Treaty establishing the European Community shall be replaced by a reference to the Treaty on the functioning of the European Union and the words “or of the High Representative of the Union for Foreign Affairs and Security Policy” shall be inserted after “at the request of the Council”; in the second sentence, the words “without prejudice to the responsibility of the Presidency and the Commission” shall be replaced by “without prejudice to the powers of the High Representative”;(b) the text of the second paragraph shall be replaced by the following: “Within the scope of this Chapter, the Political and Security Committee shall exercise, under the responsibility of the Council and of the High Representative, the political control and strategic direction of the crisis management operations referred to in Article 28 B.”;(c) in the third paragraph, the words “, without prejudice to Article 47″ shall be deleted.45) Articles 26 and 27 shall be repealed. The following Articles 25a and 25b shall be inserted, with Article 25b replacing Article 47:”Article 25aIn accordance with Article 16 B of the Treaty on the Functioning of the European Union and by way of derogation from paragraph 2 thereof, the Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities.Article 25bThe implementation of the common foreign and security policy shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Treaties for the exercise of the Union competences referred to in Articles 2 B to 2 E of the Treaty on the Functioning of the European Union.Similarly, the implementation of the policies listed in those Articles shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Treaties for the exercise of the Union competences under this Chapter.”.46) Articles 27 A to 27 E, on enhanced cooperation, shall be replaced by Article 10 in accordance with point 22 above.47) Article 28 shall be amended as follows:(a) paragraph 1 shall be deleted and the remaining paragraphs shall be renumbered accordingly; throughout the Article the words “budget of the European Communities” shall be replaced by “Union budget”;(b) in paragraph 2, renumbered 1, the words “which the provisions relating to the areas referred to in this Title entail” shall be replaced by “to which the implementation of this Chapter gives rise”;(c) in paragraph 3, renumbered 2, the words “the implementation of those provisions” in the first subparagraph shall be replaced by “the implementation of this Chapter”;(d) the following new paragraph 3 shall be added and paragraph 4 deleted:”3. The Council shall adopt a decision establishing the specific procedures for guaranteeing rapid access to appropriations in the Union budget for urgent financing of initiatives in the framework of the common foreign and security policy, and in particular for preparatory activities for the tasks referred to in Article 28 A(1) and Article 28 B. It shall act after consulting the European Parliament.Preparatory activities for the tasks referred to in Article 28 A(1) and Article 28 B which are not charged to the Union budget shall be financed by a start-up fund made up of Member States’ contributions.The Council shall adopt by a qualified majority, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, decisions establishing:(a) the procedures for setting up and financing the start-up fund, in particular the amounts allocated to the fund;(b) the procedures for administering the start-up fund;(c) the financial control procedures.When the task planned in accordance with Article 28 A(1) and Article 28 B cannot be charged to the Union budget, the Council shall authorise the High Representative to use the fund. The High Representative shall report to the Council on the implementation of this remit.”.The common security and defence policy48) The following new section 2 shall be inserted:”SECTION 2PROVISIONS ON THE COMMON SECURITYAND DEFENCE POLICY”49) An Article 28 A shall be inserted, taking over the wording of Article 17, with the following amendments:(a) the following new paragraph 1 shall be inserted and the next paragraph shall be renumbered 2:”1. The common security and defence policy shall be an integral part of the common foreign and security policy. It shall provide the Union with an operational capacity drawing on civilian and military assets. The Union may use them on missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. The performance of these tasks shall be undertaken using capabilities provided by the Member States.”;(b) paragraph 1, renumbered 2, shall be amended as follows:(i) the first subparagraph shall be replaced by the following:”2. The common security and defence policy shall include the progressive framing of a common Union defence policy. This will lead to a common defence, when the European Council, acting unanimously, so decides. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements.”;(ii) in the second subparagraph, the words “in accordance with this Article” shall be replaced by “in accordance with this Section”;(iii) the third subparagraph shall be deleted.(c) the present paragraphs 2, 3, 4 and 5 shall be replaced by the following paragraphs 3 to 7:”3. Member States shall make civilian and military capabilities available to the Union for the implementation of the common security and defence policy, to contribute to the objectives defined by the Council. Those Member States which together establish multinational forces may also make them available to the common security and defence policy.Member States shall undertake progressively to improve their military capabilities. The Agency in the field of defence capabilities development, research, acquisition and armaments (hereinafter referred to as “the European Defence Agency”) shall identify operational requirements, shall promote measures to satisfy those requirements, shall contribute to identifying and, where appropriate, implementing any measure needed to strengthen the industrial and technological base of the defence sector, shall participate in defining a European capabilities and armaments policy, and shall assist the Council in evaluating the improvement of military capabilities.4. Decisions relating to the common security and defence policy, including those initiating a mission as referred to in this Article, shall be adopted by the Council acting unanimously on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy or an initiative from a Member State. The High Representative may propose the use of both national resources and Union instruments, together with the Commission where appropriate.5. The Council may entrust the execution of a task, within the Union framework, to a group of Member States in order to protect the Union’s values and serve its interests. The execution of such a task shall be governed by Article 28 C.6. Those Member States whose military capabilities fulfil higher criteria and which have made more binding commitments to one another in this area with a view to the most demanding missions shall establish permanent structured cooperation within the Union framework. Such cooperation shall be governed by Article 28 E. It shall not affect the provisions of Article 28 B.7. If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the United Nations Charter. This shall not prejudice the specific character of the security and defence policy of certain Member States.Commitments and cooperation in this area shall be consistent with commitments under the North Atlantic Treaty Organisation, which, for those States which are members of it, remains the foundation of their collective defence and the forum for its implementation.”.50) The following new Articles 28 B to 28 E shall be inserted:”Article 28 B1. The tasks referred to in Article 28 A(1), in the course of which the Union may use civilian and military means, shall include joint disarmament operations, humanitarian and rescue tasks, military advice and assistance tasks, conflict prevention and peace-keeping tasks, tasks of combat forces in crisis management, including peace-making and post-conflict stabilisation. All these tasks may contribute to the fight against terrorism, including by supporting third countries in combating terrorism in their territories.2. The Council shall adopt decisions relating to the tasks referred to in paragraph 1, defining their objectives and scope and the general conditions for their implementation. The High Representative of the Union for Foreign Affairs and Security Policy, acting under the authority of the Council and in close and constant contact with the Political and Security Committee, shall ensure coordination of the civilian and military aspects of such tasks.Article 28 C1. Within the framework of the decisions adopted in accordance with Article 28 B, the Council may entrust the implementation of a task to a group of Member States which are willing and have the necessary capability for such a task. Those Member States, in association with the High Representative of the Union for Foreign Affairs and Security Policy, shall agree among themselves on the management of the task.2. Member States participating in the task shall keep the Council regularly informed of its progress on their own initiative or at the request of another Member State. Those States shall inform the Council immediately should the completion of the task entail major consequences or require amendment of the objective, scope and conditions determined for the task in the decisions referred to in paragraph 1. In such cases, the Council shall adopt the necessary decisions.Article 28 D1. The European Defence Agency referred to in Article 28 A(3), subject to the authority of the Council, shall have as its task to:(a) contribute to identifying the Member States’ military capability objectives and evaluating observance of the capability commitments given by the Member States;(b) promote harmonisation of operational needs and adoption of effective, compatible procurement methods;(c) propose multilateral projects to fulfil the objectives in terms of military capabilities, ensure coordination of the programmes implemented by the Member States and management of specific cooperation programmes;(d) support defence technology research, and coordinate and plan joint research activities and the study of technical solutions meeting future operational needs;(e) contribute to identifying and, if necessary, implementing any useful measure for strengthening the industrial and technological base of the defence sector and for improving the effectiveness of military expenditure.2. The European Defence Agency shall be open to all Member States wishing to be part of it. The Council, acting by a qualified majority, shall adopt a decision defining the Agency’s statute, seat and operational rules. That decision should take account of the level of effective participation in the Agency’s activities. Specific groups shall be set up within the Agency bringing together Member States engaged in joint projects. The Agency shall carry out its tasks in liaison with the Commission where necessary.Article 28 E1. Those Member States which wish to participate in the permanent structured cooperation referred to in Article 28 A(6), which fulfil the criteria and have made the commitments on military capabilities set out in the Protocol on permanent structured cooperation, shall notify their intention to the Council and to the High Representative of the Union for Foreign Affairs and Security Policy.2. Within three months following the notification referred to in paragraph 1 the Council shall adopt a decision establishing permanent structured cooperation and determining the list of participating Member States. The Council shall act by a qualified majority after consulting the High Representative.3. Any Member State which, at a later stage, wishes to participate in the permanent structured cooperation shall notify its intention to the Council and to the High Representative.The Council shall adopt a decision confirming the participation of the Member State concerned which fulfils the criteria and makes the commitments referred to in Articles 1 and 2 of the Protocol on permanent structured cooperation. The Council shall act by a qualified majority after consulting the High Representative. Only members of the Council representing the participating Member States shall take part in the vote.A qualified majority shall be defined in accordance with Article 205(3)(a) of the Treaty on the Functioning of the European Union.4. If a participating Member State no longer fulfils the criteria or is no longer able to meet the commitments referred to in Articles 1 and 2 of the Protocol on permanent structured cooperation, the Council may adopt a decision suspending the participation of the Member State concerned.The Council shall act by a qualified majority. Only members of the Council representing the participating Member States, with the exception of the Member State in question, shall take part in the vote.A qualified majority shall be defined in accordance with Article 205(3)(a) of the Treaty on the Functioning of the European Union.5. Any participating Member State which wishes to withdraw from permanent structured cooperation shall notify its intention to the Council, which shall take note that the Member State in question has ceased to participate.6. The decisions and recommendations of the Council within the framework of permanent structured cooperation, other than those provided for in paragraphs 2 to 5, shall be adopted by unanimity. For the purposes of this paragraph, unanimity shall be constituted by the votes of the representatives of the participating Member States only.”.51) Articles 29 to 39 of Title VI, which relate to judicial cooperation in criminal matters and to police cooperation, shall be replaced by the provisions of Chapters 1, 4 and 5 of Title IV of Part Three of the Treaty on the Functioning of the European Union. As set out below, in Article 2, points 64, 67 and 68 of this Treaty, Article 29 shall be replaced by Article 61 of the Treaty on the Functioning of the European Union, Article 30 shall be replaced by Articles 69 F and 69 G thereof, Article 31 shall be replaced by Articles 69 A, 69 B and 69 D thereof, Article 32 shall be replaced by Article 69 H thereof, Article 33 shall be replaced by Article 61 E thereof and Article 36 shall be replaced by Article 61 D thereof. The heading of the Title shall be deleted and its number shall become the number of the Title on final provisions.52) Articles 40 to 40 B of Title VI and Articles 43 to 45 of Title VII, relating to enhanced cooperation, shall be replaced by Article 10 in accordance with point 22 above, and Title VII shall be repealed.53) Articles 41 and 42 shall be repealed.Final provisions54) Title VIII, on final provisions, shall be renumbered VI; this Title and Articles 48, 49 and 53 shall be amended as set out respectively in points 56, 57 and 61 below. Article 47 shall be replaced by Article 25b, as indicated above in point 45, and Articles 46 and 50 shall be repealed.55) The following new Article 46 A shall be inserted:”Article 46 AThe Union shall have legal personality.”.56) Article 48 shall be replaced by the following:”Article 481. The Treaties may be amended in accordance with an ordinary revision procedure. They may also be amended in accordance with simplified revision procedures.Ordinary revision procedure2. The Government of any Member State, the European Parliament or the Commission may submit to the Council proposals for the amendment of the Treaties. These proposals may, inter alia, serve either to increase or to reduce the competences conferred on the Union in the Treaties. These proposals shall be submitted to the European Council by the Council and the national Parliaments shall be notified.3. If the European Council, after consulting the European Parliament and the Commission, adopts by a simple majority a decision in favour of examining the proposed amendments, the President of the European Council shall convene a Convention composed of representatives of the national Parliaments, of the Heads of State or Government of the Member States, of the European Parliament and of the Commission. The European Central Bank shall also be consulted in the case of institutional changes in the monetary area. The Convention shall examine the proposals for amendments and shall adopt by consensus a recommendation to a conference of representatives of the governments of the Member States as provided for in paragraph 4.The European Council may decide by a simple majority, after obtaining the consent of the European Parliament, not to convene a Convention should this not be justified by the extent of the proposed amendments. In the latter case, the European Council shall define the terms of reference for a conference of representatives of the governments of the Member States.4. A conference of representatives of the governments of the Member States shall be convened by the President of the Council for the purpose of determining by common accord the amendments to be made to the Treaties.The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.5. If, two years after the signature of a treaty amending the Treaties, four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council.Simplified revision procedures6. The Government of any Member State, the European Parliament or the Commission may submit to the European Council proposals for revising all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union relating to the internal policies and action of the Union.The European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union. The European Council shall act by unanimity after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.The decision referred to in the second subparagraph shall not increase the competences conferred on the Union in the Treaties.7. Where the Treaty on the Functioning of the European Union or Title V of this Treaty provides for the Council to act by unanimity in a given area or case, the European Council may adopt a decision authorising the Council to act by a qualified majority in that area or in that case. This subparagraph shall not apply to decisions with military implications or those in the area of defence.Where the Treaty on the Functioning of the European Union provides for legislative acts to be adopted by the Council in accordance with a special legislative procedure, the European Council may adopt a decision allowing for the adoption of such acts in accordance with the ordinary legislative procedure.Any initiative taken by the European Council on the basis of the first or the second subparagraph shall be notified to the national Parliaments. If a national Parliament makes known its opposition within six months of the date of such notification, the decision referred to in the first or the second subparagraph shall not be adopted. In the absence of opposition, the European Council may adopt the decision.For the adoption of the decisions referred to in the first and second subparagraphs, the European Council shall act by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.”.57) The first paragraph of Article 49 shall be amended as follows:(a) in the first sentence, the words “which respects the principles set out in Article 6(1) may apply” shall be replaced by “which respects the values referred to in Article 1a and is committed to promoting them may apply”;(b) in the second sentence, the words “It shall address its application to the Council, which shall act unanimously” shall be replaced by “The European Parliament and national Parliaments shall be notified of this application. The applicant State shall address its application to the Council, which shall act unanimously”; the word “assent” shall be replaced by “consent” and the words “an absolute majority” shall be replaced by “a majority”;(c) the following sentence shall be added at the end of the paragraph: “The conditions of eligibility agreed upon by the European Council shall be taken into account.”.58) The following new Article 49 A shall be inserted:”Article 49 A1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 188 N(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.A qualified majority shall be defined in accordance with Article 205(3)(b) of the Treaty on the Functioning of the European Union.5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.”.59) The following Article 49 B shall be inserted:”Article 49 BThe Protocols and Annexes to the Treaties shall form an integral part thereof.”.60) An Article 49 C shall be inserted:”Article 49 C1. The Treaties shall apply to the Kingdom of Belgium, Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.2. The territorial scope of the Treaties is specified in Article 311a of the Treaty on the Functioning of the European Union.”.61) Article 53 shall be amended as follows:(a) the first paragraph shall be numbered 1, the languages listed in the second paragraph of the current Article 53 of the Treaty on European Union shall be added to the list in this paragraph and the second paragraph shall be deleted;(b) the following new paragraph 2 shall be added:”2. This Treaty may also be translated into any other languages as determined by Member States among those which, in accordance with their constitutional order, enjoy official status in all or part of their territory. A certified copy of such translations shall be provided by the Member States concerned to be deposited in the archives of the Council.”.Article 2The Treaty establishing the European Community shall be amended in accordance with the provisions of this Article.1) The title of the Treaty shall be replaced by “Treaty on the Functioning of the European Union”.A. HORIZONTAL AMENDMENTS2) Throughout the Treaty:(a) the words “Community” and “European Community” shall be replaced by “Union” and any necessary grammatical changes shall be made, the words “European Communities” shall be replaced by “European Union”, except in paragraph 6(c) of Article 299, renumbered paragraph 5(c) of Article 311a. In respect of Article 136, this amendment shall apply only to the mention of “The Community” at the beginning of the first paragraph;(b) the words “this Treaty” and “the present Treaty” shall be replaced by “the Treaties”, the verb, where applicable, shall be put in the plural and any necessary grammatical changes shall be made; this point shall not apply to the third paragraph of Article 182 and to Articles 312 and 313;(c) the words “the Council [shall], acting in accordance with the procedure referred to in Article 251″ shall be replaced by “the European Parliament and the Council [shall], acting in accordance with the ordinary legislative procedure”, and the words “procedure referred to in Article 251″ shall be replaced by “ordinary legislative procedure”;(d) the words “acting by a qualified majority” and “by a qualified majority” shall be deleted;(e) the words “Council meeting in the composition of the Heads of State or Government” shall be replaced by “European Council”;(f) the words “institutions or bodies” and “institutions and bodies” shall be replaced by “institutions, bodies, offices or agencies”, except in the first paragraph of Article 193;(g) the words “common market” shall be replaced by “internal market”;(h) the word “ecu” shall be replaced by “euro”;(i) the words “Member States without a derogation” shall be replaced by “Member States whose currency is the euro”;(j) the abbreviation “ECB” shall be replaced by “European Central Bank”;(k) the words “Statute of the ESCB” shall be replaced by “Statute of the ESCB and of the ECB”;(l) The words “Committee provided for in Article 114″ and “Committee referred to in Article 114″ shall be replaced by “Economic and Financial Committee”;(m) the words “Statute of the Court of Justice” or “Statute of the Court” shall be replaced by “Statute of the Court of Justice of the European Union”;(n) the words “Court of First Instance” shall be replaced by “General Court”;(o) the words “judicial panel” and “judicial panels” shall be replaced by “specialised court” and “specialised courts” respectively and any necessary grammatical changes shall be made.3) In the following Articles, the words “acting unanimously on a proposal from the Commission” shall be replaced by “acting unanimously in accordance with a special legislative procedure”:

– Article 13, renumbered 16 E, first paragraph– Article 19(1)– Article 19(2)– Article 22, second paragraph

– Article 93– Article 94, renumbered 95– Article 104(14), second subparagraph– Article 175(2), first subparagraph

4) In the following Articles, the words “acting by a simple majority” shall be inserted after “the Council”:

– Article 130, first paragraph– Article 144, first paragraph– Article 208– Article 209

– Article 213, final paragraph, third sentence– Article 216– Article 284

5) In the following Articles, the words “consulting the European Parliament” shall be replaced by “obtaining the consent of the European Parliament”:

– Article 13, renumbered 16 E, first paragraph– Article 22, second paragraph

6) In the following Articles, the word “institution” or “institutions” shall be replaced by “institution, body, office or agency” or “institutions, bodies, offices or agencies”, as appropriate, and any grammatical changes necessary shall be made:

– Article 195(1), second subparagraph– Article 232, second paragraph– Article 233, first paragraph:– Article 234, point (b)– Article 255(3) which shall become Article 16 A(3), third subparagraph

7) In the following Articles, the words “Court of Justice” shall be replaced by “Court of Justice of the European Union”.

– Article 83(2)(d)– Article 88(2), second subparagraph– Article 95, renumbered 94(9)– Article 195(1)– Article 225a, sixth paragraph– Article 226, second paragraph– Article 227, first paragraph– Article 228(1), first instance– Article 229– Article 229a– Article 230, first paragraph– Article 231, first paragraph– Article 232, first and third paragraphs– Article 233, first paragraph

– Article 234, first paragraph– Article 235– Article 236– Article 237, introductory sentence– Article 238– Article 240– Article 242, first sentence– Article 243– Article 244– Article 247(9), renumbered (8)– Article 256, second paragraph

In the following Articles, the words “of Justice” shall be deleted after “Court”:

– Article 227, fourth paragraph– Article 228(1), second instance andArticle 228(2), second subparagraph– Article 230, third paragraph– Article 231, second paragraph

– Article 232, third paragraph– Article 234, second and third paragraphs– Article 237, point (d), third sentence– Article 242, second sentence– Article 256, fourth paragraph

8) In the following Articles, the reference to another Article of the Treaty shall be replaced by the following reference to an Article of the Treaty on European Union:

– Article 21, third, now fourth, paragraph– Article 97b– Article 98– Article 105(1), second sentence– Article 215, third, now fourth, paragraph

– reference to Article 9 (first reference)and to Article 53(1) (second reference)– reference to Article 2– reference to Article 2 (first reference)– reference to Article 2– reference to Article 9 D(7), firstsubparagraph.

9) (Does not apply to the English version.)B. SPECIFIC AMENDMENTSPreamble10) In the second recital, the word “countries” shall be replaced by “States” and in the last recital, the words “HAVE DECIDED to create a EUROPEAN COMMUNITY and to this end have designated” shall be replaced by “and to this end HAVE DESIGNATED”.Common provisions11) Articles 1 and 2 shall be repealed. The following Article 1a shall be inserted:”Article 1a1. This Treaty organises the functioning of the Union and determines the areas of, delimitation of, and arrangements for exercising its competences.2. This Treaty and the Treaty on European Union constitute the Treaties on which the Union is founded. These two Treaties, which have the same legal value, shall be referred to as “the Treaties”.”.Categories and areas of competence12) The following new Title and new Articles 2 A to 2 E shall be inserted:”TITLE ICATEGORIES AND AREAS OF UNION COMPETENCEArticle 2 A1. When the Treaties confer on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union or for the implementation of Union acts.2. When the Treaties confer on the Union a competence shared with the Member States in a specific area, the Union and the Member States may legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the Union has not exercised its competence. The Member States shall again exercise their competence to the extent that the Union has decided to cease exercising its competence.3. The Member States shall coordinate their economic and employment policies within arrangements as determined by this Treaty, which the Union shall have competence to provide.4. The Union shall have competence, in accordance with the provisions of the Treaty on European Union, to define and implement a common foreign and security policy, including the progressive framing of a common defence policy.5. In certain areas and under the conditions laid down in the Treaties, the Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States, without thereby superseding their competence in these areas.Legally binding acts of the Union adopted on the basis of the provisions of the Treaties relating to these areas shall not entail harmonisation of Member States’ laws or regulations.6. The scope of and arrangements for exercising the Union’s competences shall be determined by the provisions of the Treaties relating to each area.Article 2 B1. The Union shall have exclusive competence in the following areas:(a) customs union;(b) the establishing of the competition rules necessary for the functioning of the internal market;(c) monetary policy for the Member States whose currency is the euro;(d) the conservation of marine biological resources under the common fisheries policy;(e) common commercial policy.2. The Union shall also have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or insofar as its conclusion may affect common rules or alter their scope.Article 2 C1. The Union shall share competence with the Member States where the Treaties confer on it a competence which does not relate to the areas referred to in Articles 2 B and 2 E.2. Shared competence between the Union and the Member States applies in the following principal areas:(a) internal market;(b) social policy, for the aspects defined in this Treaty;(c) economic, social and territorial cohesion;(d) agriculture and fisheries, excluding the conservation of marine biological resources;(e) environment;(f) consumer protection;(g) transport;(h) trans-European networks;(i) energy;(j) area of freedom, security and justice;(k) common safety concerns in public health matters, for the aspects defined in this Treaty.3. In the areas of research, technological development and space, the Union shall have competence to carry out activities, in particular to define and implement programmes; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.4. In the areas of development cooperation and humanitarian aid, the Union shall have competence to carry out activities and conduct a common policy; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.Article 2 D1. The Member States shall coordinate their economic policies within the Union. To this end, the Council shall adopt measures, in particular broad guidelines for these policies.Specific provisions shall apply to those Member States whose currency is the euro.2. The Union shall take measures to ensure coordination of the employment policies of the Member States, in particular by defining guidelines for these policies.3. The Union may take initiatives to ensure coordination of Member States’ social policies.Article 2 EThe Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be:(a) protection and improvement of human health;(b) industry;(c) culture;(d) tourism;(e) education, vocational training, youth and sport;(f) civil protection;(g) administrative cooperation.”.Provisions having general application13) The following title and Article 2 F shall be inserted:”TITLE IIPROVISIONS HAVING GENERAL APPLICATIONArticle 2 FThe Union shall ensure consistency between its policies and activities, taking all of its objectives into account and in accordance with the principle of conferral of powers.”.14) Paragraph 1 of Article 3 shall be repealed. Paragraph 2 shall be left unnumbered, and the words “the activities referred to in this Article,” shall be replaced by “its activities, “.15) The text of Article 4 shall become Article 97b. It shall be amended as set out below in point 85.16) Article 5 shall be repealed; it shall be replaced by Article 3b of the Treaty on European Union.17) The following Article 5a shall be inserted:”Article 5aIn defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.”.18) The following Article 5b shall be inserted:”Article 5bIn defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.”.19) In Article 6, the words “referred to in Article 3″ shall be deleted.20) An Article 6a shall be inserted, with the wording of Article 153(2).21) An Article 6b shall be inserted, with the wording of the enacting terms of the Protocol on the protection and welfare of animals; the word “fisheries” shall be inserted after “agriculture”, the words “and research” shall be replaced by “research and technological development and space”, and the words “, since animals are sentient beings,” shall be inserted after “Member States shall”.22) Articles 7 to 10 shall be repealed. Articles 11 and 11a shall be replaced by Article 10 of the Treaty on European Union and by Articles 280 A and 280 I of the Treaty on the Functioning of the European Union, as set out in this Treaty in point 22 of Article 1 above and in point 278 below.23) The text of Article 12 shall become Article 16 D.24) The text of Article 13 shall become Article 16 E. It shall be amended as set out below at point 33.25) The text of Article 14 shall become Article 22a. It shall be amended as set out below at point 41.26) The text of Article 15 shall become Article 22b. It shall be amended as set out below at point 42.27) Article 16 shall be amended as follows:(a) at the beginning, the words “Without prejudice to Articles 73, 86 and 87,” shall be replaced by “Without prejudice to Article 3a of the Treaty on European Union or to Articles 73, 86 and 87 of this Treaty,”;(b) at the end of the sentence, the words “and conditions which enable them to fulfil their missions” shall be replaced by “and conditions, particularly economic and financial conditions, which enable them to fulfil their missions.”;(c) the following new sentence shall be added:”The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish these principles and set these conditions without prejudice to the competence of Member States, in compliance with the Treaties, to provide, to commission and to fund such services.”.28) An Article 16 A shall be inserted, with the wording of Article 255; it shall be amended as follows:(a) paragraph 1 shall be preceded by the following text, paragraph 1 being renumbered 3 and paragraphs 2 and 3 becoming subparagraphs:”1. In order to promote good governance and ensure the participation of civil society, the Union institutions, bodies, offices and agencies shall conduct their work as openly as possible.2. The European Parliament shall meet in public, as shall the Council when considering and voting on a draft legislative act.”;(b) in paragraph 1, renumbered 3, which shall become the first subparagraph of paragraph 3, a change shall be made to the French which does not concern the English version. The words “European Parliament, Council and Commission documents” shall be replaced by “documents of the Union institutions, bodies, offices and agencies, whatever their medium” and the words “paragraphs 2 and 3″ shall be replaced by the words “this paragraph”;(c) in paragraph 2, which shall become the second subparagraph of paragraph 1, renumbered 3, the words “by means of regulations” shall be inserted after “shall be determined by the Council” and the words “within two years of the entry into force of the Treaty of Amsterdam” shall be deleted;(d) in paragraph 3, which shall become the third subparagraph of paragraph 1, renumbered 3, the words “referred to above shall elaborate” shall be replaced by “shall ensure that its proceedings are transparent and shall elaborate”, the words “, in accordance with the regulations referred to in the second subparagraph” shall be inserted at the end of the subparagraph and the following two new subparagraphs shall be added:”The Court of Justice of the European Union, the European Central Bank and the European Investment Bank shall be subject to this paragraph only when exercising their administrative tasks.The European Parliament and the Council shall ensure publication of the documents relating to the legislative procedures under the terms laid down by the regulation referred to in the second subparagraph.”.29) An Article 16 B shall be inserted, replacing Article 286:”Article 16 B1. Everyone has the right to the protection of personal data concerning them.2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall lay down the rules relating to the protection of individuals with regard to the processing of personal data by Union institutions, bodies, offices and agencies, and by the Member States when carrying out activities which fall within the scope of Union law, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities.The rules adopted on the basis of this Article shall be without prejudice to the specific rules laid down in Article 25a of the Treaty on European Union.”.30) The following new Article 16 C shall be inserted:”Article 16 C1. The Union respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States.2. The Union equally respects the status under national law of philosophical and non‑confessional organisations.3. Recognising their identity and their specific contribution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations.”.NON-DISCRIMINATION AND CITIZENSHIP31) The heading of Part Two shall be replaced by the following heading: “NON‑DISCRIMINATION AND CITIZENSHIP OF THE UNION”.32) An Article 16 D shall be inserted, with the wording of Article 12.33) An Article 16 E shall be inserted, with the wording of Article 13; in paragraph 2, the words “when the Council adopts Community” shall be replaced by “the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt the basic principles of the Union’s” and the words at the end of the paragraph “it shall act in accordance with the procedure referred to in Article 251″ shall be deleted.34) Article 17 shall be amended as follows:(a) in paragraph 1, the word “complement” shall be replaced by “be additional to”; (b) paragraph 2 shall be replaced by the following:”2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia a) the right to move and reside freely within the territory of the Member States;(b) the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State;(c) the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State;(d) the right to petition the European Parliament, to apply to the European Ombudsman, and to address the institutions and advisory bodies of the Union in any of the Treaty languages and to obtain a reply in the same language.These rights shall be exercised in accordance with the conditions and limits defined by the Treaties and by the measures adopted thereunder.”.35) Article 18 shall be amended as follows:(a) in paragraph 2, the words “the Council may adopt” shall be replaced by “the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt” and the last sentence shall be deleted;(b) paragraph 3 shall be replaced by the following:”3. For the same purposes as those referred to in paragraph 1 and if the Treaties have not provided the necessary powers, the Council, acting in accordance with a special legislative procedure, may adopt measures concerning social security or social protection. The Council shall act unanimously after consulting the European Parliament.”.36) In Article 20, the words “establish the necessary rules among themselves and” shall be replaced by “adopt the necessary provisions and”. The following new paragraph shall be added:”The Council, acting in accordance with a special legislative procedure and after consulting the European Parliament, may adopt directives establishing the coordination and cooperation measures necessary to facilitate such protection.”.37) In Article 21, the following new first paragraph shall be inserted:”The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the provisions for the procedures and conditions required for a citizens’ initiative within the meaning of Article 8 B of the Treaty on European Union, including the minimum number of Member States from which such citizens must come.”.38) In Article 22, second paragraph, the words “the rights laid down in this Part, which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements” shall be replaced by “the rights listed in Article 17(2). These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.”.39) In the heading of Part Three, the words “AND INTERNAL ACTIONS” shall be inserted after “POLICIES”.Internal market40) A Title I, with the heading “THE INTERNAL MARKET” shall be inserted at the beginning of Part Three.41) An Article 22a shall be inserted, with the wording of Article 14. Paragraph 1 shall be replaced by the following:”1. The Union shall adopt measures with the aim of establishing or ensuring the functioning of the internal market, in accordance with the relevant provisions of the Treaties.”.42) An Article 22b shall be inserted, with the wording of Article 15. In the first paragraph, the words “during the period of establishment” shall be replaced by “for the establishment”.43) Title I on the free movement of goods shall become Title Ia.44) In Article 23(1), the words “shall be based upon” shall be replaced by “shall comprise”.45) A Chapter Ia entitled “CUSTOMS COOPERATION” shall be inserted after Article 27, and an Article 27a shall be inserted with the wording of Article 135, the last sentence of that Article being deleted.Agriculture and fisheries46) In the heading of Title II, the words “AND FISHERIES” shall be added.47) Article 32 shall be amended as follows:(a) in paragraph 1, the following new first subparagraph shall be inserted: “1. The Union shall define and implement a common agriculture and fisheries policy.”, the current text of paragraph 1 shall become the second subparagraph.In the second subparagraph, the word “, fisheries” shall be inserted after “agriculture” in the first sentence and the following sentence shall be added as the last sentence of the subparagraph: “References to the common agricultural policy or to agriculture, and the use of the term “agricultural”, shall be understood as also referring to fisheries, having regard to the specific characteristics of this sector.”(b) in paragraph 2, the words “and functioning” shall be inserted after the word “establishment”.(c) in paragraph 3, the words “to this Treaty” shall be deleted.48) Article 36 shall be amended as follows:(a) in the first paragraph, the words “the European Parliament and” shall be inserted before “the Council” and the words “and (3)” shall be deleted;(b) in the second paragraph, the introductory sentence shall be replaced by the following: “The Council, on a proposal from the Commission, may authorise the granting of aid:”.49) Article 37 shall be amended as follows:(a) paragraph 1 shall be deleted;(b) paragraph 2 shall be renumbered 1; the words “Having taken into account the work of the Conference provided for in paragraph 1, after consulting the Economic and Social Committee and within two years of the entry into force of the Treaty, the Commission shall submit proposals” shall be replaced by “The Commission shall submit proposals”, and the third subparagraph shall be deleted;(c) the following paragraphs shall be inserted as new paragraphs 2 and 3, and the remaining paragraphs shall be renumbered accordingly:”2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall establish the common organisation of agricultural markets provided for in Article 34(1) and the other provisions necessary for the pursuit of the objectives of the common agricultural policy and the common fisheries policy;3. The Council, on a proposal from the Commission, shall adopt measures on fixing prices, levies, aid and quantitative limitations and on the fixing and allocation of fishing opportunities.”;(d) in the introductory words to paragraph 3 renumbered 4, the words “The Council may, acting by a qualified majority and in accordance with paragraph 2, replace the national market organisations by the common organisation” shall be replaced by “In accordance with paragraph 2, the national market organisations may be replaced by the common organisation”;(e) at the beginning of paragraph 4 renumbered 5, a change shall be made to the French which does not concern the English version.Free movement of workers50) In Article 39(3)(d), the word “implementing” shall be deleted.51) Article 42 shall be amended as follows:(a) in the first paragraph, the words “migrant workers and their dependants:” shall be replaced by “employed and self-employed migrant workers and their dependants:”;(b) the last paragraph shall be replaced by the following:”Where a member of the Council declares that a draft legislative act referred to in the first subparagraph would affect important aspects of its social security system, including its scope, cost or financial structure, or would affect the financial balance of that system, it may request that the matter be referred to the European Council. In that case, the ordinary legislative procedure shall be suspended. After discussion, the European Council shall, within four months of this suspension, either:(a) refer the draft back to the Council, which shall terminate the suspension of the ordinary legislative procedure; or(b) take no action or request the Commission to submit a new proposal; in that case, the act originally proposed shall be deemed not to have been adopted.”.Freedom of establishment52) In Article 44(2), the words “The European Parliament,” shall be inserted at the beginning of the paragraph.53) In Article 45, second paragraph, the words “The Council may, acting by a qualified majority on a proposal from the Commission,” shall be replaced by “The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may”.54) Article 47 shall be amended as follows:(a) the following phrase shall be added at the end of paragraph 1: “and for the coordination of the provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed persons.”;(b) paragraph 2 shall be deleted and paragraph 3 shall be renumbered 2; a change shall be made to the French which does not concern the English version.55) An Article 48a shall be inserted, with the wording of Article 294.Services56) Article 49 shall be amended as follows:(a) in the first paragraph, the words “State of the Community” shall be replaced by “Member State”;(b) in the second paragraph, the words “The Council may, acting by a qualified majority on a proposal from the Commission, extend” shall be replaced by “The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may extend”.57) In Article 50, third paragraph, the words “the State” shall be replaced by “the Member State”.58) In Article 52(1), the words “the Council shall, on a proposal from the Commission and after consulting the Economic and Social Committee and the European Parliament, issue” shall be replaced by “the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall issue”.59) In Article 53, the words “declare their readiness to” shall be replaced by “shall endeavour to”.Capital60) In Article 57(2), the words “the Council may, acting by a qualified majority on a proposal from the Commission, adopt measures” shall be replaced by “the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures” and the last sentence of paragraph 2 shall become paragraph 3, reading as follows:”3. Notwithstanding paragraph 2, only the Council, acting in accordance with a special legislative procedure, may unanimously, and after consulting the European Parliament, adopt measures which constitute a step backwards in Union law as regards the liberalisation of the movement of capital to or from third countries.”61) In Article 58, the following new paragraph 4 shall be added:”4. In the absence of measures pursuant to Article 57(3), the Commission or, in the absence of a Commission decision within three months from the request of the Member State concerned, the Council, may adopt a decision stating that restrictive tax measures adopted by a Member State concerning one or more third countries are to be considered compatible with the Treaties insofar as they are justified by one of the objectives of the Union and compatible with the proper functioning of the internal market. The Council shall act unanimously on application by a Member State.”.62) Article 60 shall become Article 61 H. It shall be amended as set out below in point 64.Area of freedom, security and justice;63) A Title IV, with the heading “AREA OF FREEDOM, SECURITY AND JUSTICE”, shall replace the Title IV on visas, asylum, immigration, and other policies related to free movement of persons. Title IV shall contain the following Chapters:Chapter 1: General provisionsChapter 2: Policies on border checks, asylum and immigrationChapter 3: Judicial cooperation in civil mattersChapter 4: Judicial cooperation in criminal mattersChapter 5: Police cooperation.General provisions64) Article 61 shall be replaced by the following Chapter 1and Articles 61 to 61 I. Article 61 shall also replace the current Article 29 of the Treaty on European Union, Article 61 D shall replace Article 36 thereof, Article 61 E shall replace Article 64(1) of the Treaty establishing the European Community and the current Article 33 of the Treaty on European Union, Article 61G shall replace Article 66 of the Treaty establishing the European Community and Article 61 H shall take over Article 60 thereof, as set out in point 62 above:”CHAPTER 1GENERAL PROVISIONSArticle 611. The Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States.2. It shall ensure the absence of internal border controls for persons and shall frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third-country nationals. For the purpose of this Title, stateless persons shall be treated as third-country nationals.3. The Union shall endeavour to ensure a high level of security through measures to prevent and combat crime, racism and xenophobia, and through measures for coordination and cooperation between police and judicial authorities and other competent authorities, as well as through the mutual recognition of judgments in criminal matters and, if necessary, through the approximation of criminal laws.4. The Union shall facilitate access to justice, in particular through the principle of mutual recognition of judicial and extrajudicial decisions in civil matters.Article 61 AThe European Council shall define the strategic guidelines for legislative and operational planning within the area of freedom, security and justice.Article 61 BNational Parliaments ensure that the proposals and legislative initiatives submitted under Chapters 4 and 5 comply with the principle of subsidiarity, in accordance with the arrangements laid down by the Protocol on the application of the principles of subsidiarity and proportionality.Article 61 CWithout prejudice to Articles 226, 227 and 228, the Council may, on a proposal from the Commission, adopt measures laying down the arrangements whereby Member States, in collaboration with the Commission, conduct objective and impartial evaluation of the implementation of the Union policies referred to in this Title by Member States’ authorities, in particular in order to facilitate full application of the principle of mutual recognition. The European Parliament and national Parliaments shall be informed of the content and results of the evaluation.Article 61 DA standing committee shall be set up within the Council in order to ensure that operational cooperation on internal security is promoted and strengthened within the Union. Without prejudice to Article 207, it shall facilitate coordination of the action of Member States’ competent authorities. Representatives of the Union bodies, offices and agencies concerned may be involved in the proceedings of this committee. The European Parliament and national Parliaments shall be kept informed of the proceedings.Article 61 EThis 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 61 FIt shall be open to Member States to organise between themselves and under their responsibility such forms of cooperation and coordination as they deem appropriate between the competent departments of their administrations responsible for safeguarding national security.Article 61 GThe Council shall adopt measures to ensure administrative cooperation between the relevant departments of the Member States in the areas covered by this Title, as well as between those departments and the Commission. It shall act on a Commission proposal, subject to Article 61 I, and after consulting the European Parliament.Article 61 HWhere necessary to achieve the objectives set out in Article 61, as regards preventing and combating terrorism and related activities, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall define a framework for administrative measures with regard to capital movements and payments, such as the freezing of funds, financial assets or economic gains belonging to, or owned or held by, natural or legal persons, groups or non‑State entities.The Council, on a proposal from the Commission, shall adopt measures to implement the framework referred to in the first paragraph.The acts referred to in this Article shall include necessary provisions on legal safeguards.Article 61 IThe acts referred to in Chapters 4 and 5, together with the measures referred to in Article 61 G which ensure administrative cooperation in the areas covered by these Chapters, shall be adopted:(a) on a proposal from the Commission, or(b) on the initiative of a quarter of the Member States.”.Border checks, asylum and immigration65) Articles 62 to 64 shall be replaced by the following Chapter 2 and Articles 62 to 63b. Article 62 shall replace Article 62, paragraphs 1 and 2 of Article 63 shall replace points 1 and 2 of Article 63, paragraph 3 of Article 63 shall replace paragraph 2 of Article 64 and Article 63a shall replace points 3 and 4 of Article 63:”CHAPTER 2POLICIES ON BORDER CHECKS,ASYLUM AND IMMIGRATIONArticle 621. The Union shall develop a policy with a view to:(a) ensuring the absence of any controls on persons, whatever their nationality, when crossing internal borders;(b) carrying out checks on persons and efficient monitoring of the crossing of external borders;(c) the gradual introduction of an integrated management system for external borders.2. For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures concerning:(a) the common policy on visas and other short-stay residence permits;(b) the checks to which persons crossing external borders are subject;(c) the conditions under which nationals of third countries shall have the freedom to travel within the Union for a short period;(d) any measure necessary for the gradual establishment of an integrated management system for external borders;(e) the absence of any controls on persons, whatever their nationality, when crossing internal borders.3. If action by the Union should prove necessary to facilitate the exercise of the right referred to in Article 17(2)(a), and if the Treaties have not provided the necessary powers, the Council, acting in accordance with a special legislative procedure, may adopt provisions concerning passports, identity cards, residence permits or any other such document. The Council shall act unanimously after consulting the European Parliament.4. This Article shall not affect the competence of the Member States concerning the geographical demarcation of their borders, in accordance with international law.Article 631. The Union shall develop a common policy on asylum, subsidiary protection and temporary protection with a view to offering appropriate status to any third‑country national requiring international protection and ensuring compliance with the principle of non‑refoulement. This policy must be in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees, and other relevant treaties.2. For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures for a common European asylum system comprising:(a) a uniform status of asylum for nationals of third countries, valid throughout the Union;(b) a uniform status of subsidiary protection for nationals of third countries who, without obtaining European asylum, are in need of international protection;(c) a common system of temporary protection for displaced persons in the event of a massive inflow;(d) common procedures for the granting and withdrawing of uniform asylum or subsidiary protection status;(e) criteria and mechanisms for determining which Member State is responsible for considering an application for asylum or subsidiary protection;(f) standards concerning the conditions for the reception of applicants for asylum or subsidiary protection;(g) partnership and cooperation with third countries for the purpose of managing inflows of people applying for asylum or subsidiary or temporary protection.3. In the event of one or more Member States being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission, may adopt provisional measures for the benefit of the Member State(s) concerned. It shall act after consulting the European Parliament.Article 63a1. The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings.2. For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures in the following areas:(a) the conditions of entry and residence, and standards on the issue by Member States of long-term visas and residence permits, including those for the purpose of family reunification;(b) the definition of the rights of third-country nationals residing legally in a Member State, including the conditions governing freedom of movement and of residence in other Member States;(c) illegal immigration and unauthorised residence, including removal and repatriation of persons residing without authorisation;(d) combating trafficking in persons, in particular women and children.3. The Union may conclude agreements with third countries for the readmission to their countries of origin or provenance of third-country nationals who do not or who no longer fulfil the conditions for entry, presence or residence in the territory of one of the Member States.4. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures to provide incentives and support for the action of Member States with a view to promoting the integration of third-country nationals residing legally in their territories, excluding any harmonisation of the laws and regulations of the Member States.5. This Article shall not affect the right of Member States to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, whether employed or self-employed.Article 63bThe policies of the Union set out in this Chapter and their implementation shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between the Member States. Whenever necessary, the Union acts adopted pursuant to this Chapter shall contain appropriate measures to give effect to this principle.”.Judicial cooperation in civil matters66) Article 65 shall be replaced by the following Chapter 3 and Article 65:”CHAPTER 3JUDICIAL COOPERATION IN CIVIL MATTERSArticle 651. The Union shall develop judicial cooperation in civil matters having cross-border implications, based on the principle of mutual recognition of judgments and of decisions in extrajudicial cases. Such cooperation may include the adoption of measures for the approximation of the laws and regulations of the Member States.2. For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures, particularly when necessary for the proper functioning of the internal market, aimed at ensuring:(a) the mutual recognition and enforcement between Member States of judgments and of decisions in extrajudicial cases;(b) the cross-border service of judicial and extrajudicial documents;(c) the compatibility of the rules applicable in the Member States concerning conflict of laws and of jurisdiction;(d) cooperation in the taking of evidence;(e) effective access to justice;(f) the elimination of obstacles to the proper functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States;(g) the development of alternative methods of dispute settlement;(h) support for the training of the judiciary and judicial staff.3. Notwithstanding paragraph 2, measures concerning family law with cross-border implications shall be established by the Council, acting in accordance with a special legislative procedure. The Council shall act unanimously after consulting the European Parliament.The Council, on a proposal from the Commission, may adopt a decision determining those aspects of family law with cross-border implications which may be the subject of acts adopted by the ordinary legislative procedure. The Council shall act unanimously after consulting the European Parliament.The proposal referred to in the second subparagraph shall be notified to the national Parliaments. If a national Parliament makes known its opposition within six months of the date of such notification, the decision shall not be adopted. In the absence of opposition, the Council may adopt the decision.”.Judicial cooperation in criminal matters67) Article 66 shall be replaced by Article 61 G, as set out in point 64 above, and Articles 67 to 69 shall be repealed. The following Chapter 4 and Articles 69 A to 69 E shall be inserted. Articles 69 A, 69 B and 69 D shall replace the current Article 31 of the Treaty on European Union, as set out above in point 51 of Article 1 of this Treaty:”CHAPTER 4JUDICIAL COOPERATION IN CRIMINAL MATTERSArticle 69 A1. Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions and shall include the approximation of the laws and regulations of the Member States in the areas referred to in paragraph 2 and in Article 69 B.The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures to:(a) lay down rules and procedures for ensuring recognition throughout the Union of all forms of judgments and judicial decisions;(b) prevent and settle conflicts of jurisdiction between Member States;(c) support the training of the judiciary and judicial staff;(d) facilitate cooperation between judicial or equivalent authorities of the Member States in relation to proceedings in criminal matters and the enforcement of decisions.2. To the extent necessary to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension, the European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules. Such rules shall take into account the differences between the legal traditions and systems of the Member States.They shall concern:(a) mutual admissibility of evidence between Member States;(b) the rights of individuals in criminal procedure;(c) the rights of victims of crime;(d) any other specific aspects of criminal procedure which the Council has identified in advance by a decision; for the adoption of such a decision, the Council shall act unanimously after obtaining the consent of the European Parliament.Adoption of the minimum rules referred to in this paragraph shall not prevent Member States from maintaining or introducing a higher level of protection for individuals.3. Where a member of the Council considers that a draft directive as referred to in paragraph 2 would affect fundamental aspects of its criminal justice system, it may request that the draft directive be referred to the European Council. In that case, the ordinary legislative procedure shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council, which shall terminate the suspension of the ordinary legislative procedure.Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft directive concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 10(2) of the Treaty on European Union and Article 280 D(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.Article 69 B1. The European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis.These areas of crime are the following: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.On the basis of developments in crime, the Council may adopt a decision identifying other areas of crime that meet the criteria specified in this paragraph. It shall act unanimously after obtaining the consent of the European Parliament.2. If the approximation of criminal laws and regulations of the Member States proves essential to ensure the effective implementation of a Union policy in an area which has been subject to harmonisation measures, directives may establish minimum rules with regard to the definition of criminal offences and sanctions in the area concerned. Such directives shall be adopted by the same ordinary or special legislative procedure as was followed for the adoption of the harmonisation measures in question, without prejudice to Article 61 I.3. Where a member of the Council considers that a draft directive as referred to in paragraph 1 or 2 would affect fundamental aspects of its criminal justice system, it may request that the draft directive be referred to the European Council. In that case, the ordinary legislative procedure shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council, which shall terminate the suspension of the ordinary legislative procedure.Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft directive concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 10(2) of the Treaty on European Union and Article 280 D(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.Article 69 CThe European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures to promote and support the action of Member States in the field of crime prevention, excluding any harmonisation of the laws and regulations of the Member States.Article 69 D1. Eurojust’s mission shall be to support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States’ authorities and by Europol.In this context, the European Parliament and the Council, by means of regulations adopted in accordance with the ordinary legislative procedure, shall determine Eurojust’s structure, operation, field of action and tasks. These tasks may include:(a) the initiation of criminal investigations, as well as proposing the initiation of prosecutions conducted by competent national authorities, particularly those relating to offences against the financial interests of the Union;(b) the coordination of investigations and prosecutions referred to in point (a);(c) the strengthening of judicial cooperation, including by resolution of conflicts of jurisdiction and by close cooperation with the European Judicial Network.These regulations shall also determine arrangements for involving the European Parliament and national Parliaments in the evaluation of Eurojust’s activities.2. In the prosecutions referred to in paragraph 1, and without prejudice to Article 69 E, formal acts of judicial procedure shall be carried out by the competent national officials.Article 69 E1. In order to combat crimes affecting the financial interests of the Union, the Council, by means of regulations adopted in accordance with a special legislative procedure, may establish a European Public Prosecutor’s Office from Eurojust. The Council shall act unanimously after obtaining the consent of the European Parliament.In the absence of unanimity, a group of at least nine Member States may request that the draft regulation be referred to the European Council. In that case, the procedure in the Council shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council for adoption.Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft regulation concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 10(2) of the Treaty on European Union and Article 280 D(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.2. The European Public Prosecutor’s Office shall be responsible for investigating, prosecuting and bringing to judgment, where appropriate in liaison with Europol, the perpetrators of, and accomplices in, offences against the Union’s financial interests, as determined by the regulation provided for in paragraph 1. It shall exercise the functions of prosecutor in the competent courts of the Member States in relation to such offences.3. The regulations referred to in paragraph 1 shall determine the general rules applicable to the European Public Prosecutor’s Office, the conditions governing the performance of its functions, the rules of procedure applicable to its activities, as well as those governing the admissibility of evidence, and the rules applicable to the judicial review of procedural measures taken by it in the performance of its functions.4. The European Council may, at the same time or subsequently, adopt a decision amending paragraph 1 in order to extend the powers of the European Public Prosecutor’s Office to include serious crime having a cross-border dimension and amending accordingly paragraph 2 as regards the perpetrators of, and accomplices in, serious crimes affecting more than one Member State. The European Council shall act unanimously after obtaining the consent of the European Parliament and after consulting the Commission.”.Police cooperation68) The following Chapter 5 and Articles 69 F, 69 G and 69 H shall be inserted. Articles 69 F and 69 G shall replace the current Article 30 of the Treaty on European Union, and Article 69 H shall replace Article 32 thereof, as set out above in point 51 of Article 1 of this Treaty:”CHAPTER 5POLICE COOPERATIONArticle 69 F1. The Union shall establish police cooperation involving all the Member States’ competent authorities, including police, customs and other specialised law enforcement services in relation to the prevention, detection and investigation of criminal offences.2. For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures concerning:(a) the collection, storage, processing, analysis and exchange of relevant information;(b) support for the training of staff, and cooperation on the exchange of staff, on equipment and on research into crime-detection;(c) common investigative techniques in relation to the detection of serious forms of organised crime.3. The Council, acting in accordance with a special legislative procedure, may establish measures concerning operational cooperation between the authorities referred to in this Article. The Council shall act unanimously after consulting the European Parliament.In case of the absence of unanimity in the Council, a group of at least nine Member States may request that the draft measures be referred to the European Council. In that case, the procedure in the Council shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council for adoption.Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft measures concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 10(2) of the Treaty on European Union and Article 280 D(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.The specific procedure provided for in the second and third subparagraphs shall not apply to acts which constitute a development of the Schengen acquis.Article 69 G1. Europol’s mission shall be to support and strengthen action by the Member States’ police authorities and other law enforcement services and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy.2. The European Parliament and the Council, by means of regulations adopted in accordance with the ordinary legislative procedure, shall determine Europol’s structure, operation, field of action and tasks. These tasks may include:(a) the collection, storage, processing, analysis and exchange of information, in particular that forwarded by the authorities of the Member States or third countries or bodies;(b) the coordination, organisation and implementation of investigative and operational action carried out jointly with the Member States’ competent authorities or in the context of joint investigative teams, where appropriate in liaison with Eurojust.These regulations shall also lay down the procedures for scrutiny of Europol’s activities by the European Parliament, together with national Parliaments.3. Any operational action by Europol must be carried out in liaison and in agreement with the authorities of the Member State or States whose territory is concerned. The application of coercive measures shall be the exclusive responsibility of the competent national authorities.Article 69 HThe Council, acting in accordance with a special legislative procedure, shall lay down the conditions and limitations under which the competent authorities of the Member States referred to in Articles 69 A and 69 F may operate in the territory of another Member State in liaison and in agreement with the authorities of that State. The Council shall act unanimously after consulting the European Parliament.”.Transport69) In Article 70, the words “of this Treaty” shall be replaced by “of the Treaties” and the words “by Member States” shall be deleted.70) In Article 71, paragraph 2 shall be replaced by the following:”2. When the measures referred to in paragraph 1 are adopted, account shall be taken of cases where their application might seriously affect the standard of living and level of employment in certain regions, and the operation of transport facilities.”.71) At the beginning of Article 72, the words “, without the unanimous approval of the Council,” shall be replaced by “, unless the Council has unanimously adopted a measure granting a derogation,”.72) Article 75 shall be amended as follows:(a) in paragraph 1, the words “shall be abolished” shall be replaced by “shall be prohibited”;(b) in paragraph 2, the words “the Council” shall be replaced by “the European Parliament and the Council”;(c) in the first subparagraph of paragraph 3, the words “the Economic and Social Committee” shall be replaced by “the European Parliament and the Economic and Social Committee”.73) In Article 78, the following sentence shall be added:”Five years after the entry into force of the Treaty of Lisbon, the Council, acting on a proposal from the Commission, may adopt a decision repealing this Article.”.74) In Article 79, the phrase “without prejudice to the powers of the Economic and Social Committee” shall be deleted.75) In Article 80, paragraph 2 shall be replaced by the following:”2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may lay down appropriate provisions for sea and air transport. They shall act after consulting the Economic and Social Committee and the Committee of the Regions.”.Rules on competition76) In Article 85, the following new paragraph 3 shall be added:”3. The Commission may adopt regulations relating to the categories of agreement in respect of which the Council has adopted a regulation or a directive pursuant to Article 83(2)(b).”.77) Article 87 shall be amended as follows:(a) in paragraph 2, the following sentence shall be added at the end of point (c):”Five years after the entry into force of the Treaty of Lisbon, the Council, acting on a proposal from the Commission, may adopt a decision repealing this point.”;(b) in paragraph 3, the following words shall be added at the end of point (a): “, and of the regions referred to in Article 299, in view of their structural, economic and social situation;”.78) In Article 88, the following new paragraph 4 shall be added:”4. The Commission may adopt regulations relating to the categories of State aid that the Council has, pursuant to Article 89, determined may be exempted from the procedure provided for by paragraph 3 of this Article.”.Tax provisions79) At the end of Article 93, the words “within the time limit laid down in Article 14″ shall be replaced by “and to avoid distortion of competition.”.Approximation of laws80) The order of Articles 94 and 95 shall be reversed. Article 94 shall be renumbered 95 and Article 95 shall be renumbered 94.81) Article 95, renumbered 94, shall be amended as follows:(a) at the beginning of paragraph 1, the words “By way of derogation from Article 94 and” shall be deleted;(b) at the beginning of paragraph 4, the words “If, after the adoption by the Council or by the Commission of a harmonisation measure,” shall be replaced by “If, after the adoption of a harmonisation measure by the European Parliament and the Council, by the Council or by the Commission,”;(c) at the beginning of paragraph 5, the words “Moreover, without prejudice to paragraph 4, if, after the adoption by the Council or by the Commission of a harmonisation measure, ” shall be replaced by “Moreover, without prejudice to paragraph 4, if, after the adoption of a harmonisation measure by the European Parliament and the Council, by the Council or by the Commission,”;(d) in paragraph 10, the words “Community control procedure” shall be replaced by “Union control procedure”.82) In Article 94, renumbered 95, the words “Without prejudice to Article 94,” shall be inserted at the beginning.83) In Article 96, second paragraph, first sentence, the words “, the Council shall, on a proposal from the Commission, acting by a qualified majority, issue” shall be replaced by “, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall issue”. The second sentence shall be replaced by “Any other appropriate measures provided for in the Treaties may be adopted.”.Intellectual property84) The following new Article 97a shall be inserted as the final article of Title VI:”Article 97aIn the context of the establishment and functioning of the internal market, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish measures for the creation of European intellectual property rights to provide uniform protection of intellectual property rights throughout the Union and for the setting up of centralised Union-wide authorisation, coordination and supervision arrangements.The Council, acting in accordance with a special legislative procedure, shall by means of regulations establish language arrangements for the European intellectual property rights. The Council shall act unanimously after consulting the European Parliament.”.Economic and monetary policy85) An Article 97b shall be inserted as the first article of Title VII, with the wording of Article 4; it shall be amended as follows:(a) in paragraph 1, the words “and in accordance with the timetable set out therein” shall be deleted;(b) in paragraph 2, the words “Concurrently with the foregoing, and as provided in this Treaty and in accordance with the timetable and the procedures set out therein, these activities shall include the irrevocable fixing of exchange rates leading to the introduction of a single currency, the ecu,” shall be replaced by “Concurrently with the foregoing, and as provided in the Treaties and in accordance with the procedures set out therein, these activities shall include a single currency, the euro,”.86) Article 99 shall be amended as follows:(a) in paragraph 4, the first sentence of the first subparagraph shall be replaced by the following two sentences:”Where it is established, under the procedure referred to in paragraph 3, that the economic policies of a Member State are not consistent with the broad guidelines referred to in paragraph 2 or that they risk jeopardising the proper functioning of economic and monetary union, the Commission may address a warning to the Member State concerned. The Council, on a recommendation from the Commission, may address the necessary recommendations to the Member State concerned.”;(b) the second subparagraph of paragraph 4 shall become paragraph 5 and the current paragraph 5 shall be renumbered 6;(c) the following two new subparagraphs shall be inserted in paragraph 4:”Within the scope of this paragraph, the Council shall act without taking into account the vote of the member of the Council representing the Member State concerned.A qualified majority of the other members of the Council shall be defined in accordance with Article 205(3)(a).”;(d) in paragraph 5, renumbered 6, the words “The Council, acting in accordance with the procedure referred to in Article 252, may adopt detailed rules” shall be replaced by the following: “The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, may adopt detailed rules”, the words “of this Article” shall be deleted.Difficulties in the supply of certain products (energy)87) In Article 100, paragraph 1 shall be replaced by the following:”1. Without prejudice to any other procedures provided for in the Treaties, the Council, on a proposal from the Commission, may decide, in a spirit of solidarity between Member States, upon the measures appropriate to the economic situation, in particular if severe difficulties arise in the supply of certain products, notably in the area of energy.”.Other provisions – economic and monetary policy88) In Article 102, paragraph 2 shall be deleted and paragraph 1 shall not be numbered;89) In Article 103, paragraph 2 shall be replaced by the following:”2. The Council, on a proposal from the Commission and after consulting the European Parliament, may, as required, specify definitions for the application of the prohibitions referred to in Articles 101 and 102 and in this Article.”.Excessive deficit procedure90) Article 104 shall be amended as follows:(a) paragraph 5 shall be replaced by the following:”5. If the Commission considers that an excessive deficit in a Member State exists or may occur, it shall address an opinion to the Member State concerned and shall inform the Council accordingly.”;(b) in paragraph 6, the word “recommendation” shall be replaced by “proposal”;(c) in paragraph 7, the first sentence shall be replaced by “Where the Council decides, in accordance with paragraph 6, that an excessive deficit exists, it shall adopt, without undue delay, on a recommendation from the Commission, recommendations addressed to the Member State concerned with a view to bringing that situation to an end within a given period.”;(d) in the introductory words of the first subparagraph of paragraph 11, there is a change to the French which does not affect the English version;(e) in paragraph 12, at the beginning of the first sentence, the words “its decisions” shall be replaced by “its decisions or recommendations”;(f) paragraph 13 shall be replaced by the following:”13. When taking the decisions or recommendations referred to in paragraphs 8, 9, 11 and 12, the Council shall act on a recommendation from the Commission.When the Council adopts the measures referred to in paragraphs 6 to 9, 11 and 12, it shall act without taking into account the vote of the member of the Council representing the Member State concerned.A qualified majority of the other members of the Council shall be defined in accordance with Article 205(3)(a).”;(g) in paragraph 14, third subparagraph, the words “, before 1 January 1994″ shall be deleted.Monetary policy91) Article 105 shall be amended as follows:(a) in the first sentence of paragraph 1, “ESCB” shall be replaced by “European System of Central Banks, hereinafter referred to as “ESCB”,”;(b) in the second indent of paragraph 2, the reference to Article 111 shall be replaced by a reference to Article 188 O;(c) The text of paragraph 6 shall be replaced by the following:”6. The Council, acting by means of regulations in accordance with a special legislative procedure, may unanimously, and after consulting the European Parliament and the European Central Bank, confer specific tasks upon the European Central Bank concerning policies relating to the prudential supervision of credit institutions and other financial institutions with the exception of insurance undertakings.”.92) Article 106 shall be amended as follows:(a) in paragraph 1, first sentence, the word “euro” shall be inserted before “banknotes”;(b) in paragraph 2, first sentence, the word “euro” shall be inserted before “coins”; at the beginning of the second sentence, the words “The Council may, acting in accordance with the procedure referred to in Article 252 and after consulting the ECB” shall be replaced by: “The Council, on a proposal from the Commission and after consulting the European Parliament and the European Central Bank, may”.93) Article 107 shall be amended as follows:(a) paragraphs 1 and 2 shall be deleted and paragraphs 3, 4, 5 and 6 shall be renumbered 1, 2, 3 and 4 respectively;(b) in paragraph 4, renumbered 2, the words “Statute of the ESCB” shall be replaced by the following: “Statute of the European System of Central Banks and of the European Central Bank, hereinafter referred to as ‘Statute of the ESCB and of the ECB’”;(c) paragraph 5, renumbered 3, shall be replaced by the following:”3. Articles 5.1, 5.2, 5.3, 17, 18, 19.1, 22, 23, 24, 26, 32.2, 32.3, 32.4, 32.6, 33.1(a) and 36 of the Statute of the ESCB and of the ECB may be amended by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure. They shall act either on a recommendation from the European Central Bank and after consulting the Commission or on a proposal from the Commission and after consulting the European Central Bank.”.94) In Article 109, the words “, at the latest at the date of the establishment of the ESCB,” shall be deleted.95) In Article 110, the first four subparagraphs of paragraph 2 shall be deleted.Measures relating to use of the euro96) In Article 111, paragraphs 1 to 3 and 5 shall become, respectively, paragraphs 1 to 4 of Article 188 O; they shall be amended as set out below in point 174. The text of paragraph 4 shall become paragraph 1 of Article 115 C; it shall be amended as set out below in point 100.97) The following Article 111a shall be inserted:”Article 111aWithout prejudice to the powers of the European Central Bank, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall lay down the measures necessary for the use of the euro as the single currency. Such measures shall be adopted after consultation of the European Central Bank.”.Institutional provisions (EMU)98) The text of Article 112 shall become Article 245b, and shall be amended as set out in point 228 below. The text of Article 113 shall become Article 245c.99) Article 114 shall be amended as follows:(a) in paragraph 1, first subparagraph, the words “a Monetary Committee with advisory status” shall be replaced by “an Economic and Financial Committee”;(b) in paragraph 1, the second and third subparagraphs shall be deleted;(c) in paragraph 2, the first subparagraph shall be deleted; in the third indent, the reference to paragraphs 2, 3, 4 and 5 of Article 99 shall be replaced by a reference to paragraphs 2, 3, 4 and 6 of Article 99, and the references to paragraph 2 of Article 122 and to paragraphs 4 and 5 of Article 123 shall be replaced by a reference to paragraphs 2 and 3 of Article 117a;(d) in paragraph 4, the reference to Articles 122 and 123 shall be replaced by a reference to Article 116a.Provisions specific to Member States whose currency is the euro100) The following new Chapter 3a and new Articles 115 A, 115 B and 115 C shall be inserted:”CHAPTER 3aPROVISIONS SPECIFIC TO MEMBER STATESWHOSE CURRENCY IS THE EUROArticle 115 A1. In order to ensure the proper functioning of economic and monetary union, and in accordance with the relevant provisions of the Treaties, the Council shall, in accordance with the relevant procedure from among those referred to in Articles 99 and 104, with the exception of the procedure set out in Article 104(14), adopt measures specific to those Member States whose currency is the euro:(a) to strengthen the coordination and surveillance of their budgetary discipline;(b) to set out economic policy guidelines for them, while ensuring that they are compatible with those adopted for the whole of the Union and are kept under surveillance.2. For those measures set out in paragraph 1, only members of the Council representing Member States whose currency is the euro shall take part in the vote.A qualified majority of the said members shall be defined in accordance with Article 205(3)(a).Article 115 BArrangements for meetings between ministers of those Member States whose currency is the euro are laid down by the Protocol on the Euro Group.Article 115 C1. In order to secure the euro’s place in the international monetary system, the Council, on a proposal from the Commission, shall adopt a decision establishing common positions on matters of particular interest for economic and monetary union within the competent international financial institutions and conferences. The Council shall act after consulting the European Central Bank.2. The Council, on a proposal from the Commission, may adopt appropriate measures to ensure unified representation within the international financial institutions and conferences. The Council shall act after consulting the European Central Bank.3. For the measures referred to in paragraphs 1 and 2, only members of the Council representing Member States whose currency is the euro shall take part in the vote.A qualified majority of the said members shall be defined in accordance with Article 205(3)(a).”.Transitional provisions relating to Member States with a derogation101) Article 116 shall be repealed, and the following Article 116a shall be inserted:”Article 116a1. Member States in respect of which the Council has not decided that they fulfil the necessary conditions for the adoption of the euro shall hereinafter be referred to as “Member States with a derogation”.2. The following provisions of the Treaties shall not apply to Member States with a derogation:(a) adoption of the parts of the broad economic policy guidelines which concern the euro area generally (Article 99(2));(b) coercive means of remedying excessive deficits (Article 104(9) and (11));(c) the objectives and tasks of the ESCB (Article 105(1), (2), (3) and (5));(d) issue of the euro (Article 106);(e) acts of the European Central Bank (Article 110);(f) measures governing the use of the euro (Article 111a);(g) monetary agreements and other measures relating to exchange-rate policy(Article 188 O);(h) appointment of members of the Executive Board of the European Central Bank(Article 245b(2));(i) decisions establishing common positions on issues of particular relevance for economic and monetary union within the competent international financial institutions and conferences (Article 115 C(1));(j) measures to ensure unified representation within the international financial institutions and conferences (Article 115 C(2)).In the Articles referred to in points (a) to (j), “Member States” shall therefore mean Member States whose currency is the euro.3. Under Chapter IX of the Statute of the ESCB and of the ECB, Member States with a derogation and their national central banks are excluded from rights and obligations within the SCB.4. The voting rights of members of the Council representing Member States with a derogation shall be suspended for the adoption by the Council of the measures referred to in the Articles listed in paragraph 2, and in the following instances:(a) recommendations made to those Member States whose currency is the euro in the framework of multilateral surveillance, including on stability programmes and warnings (Article 99(4));(b) measures relating to excessive deficits concerning those Member States whose currency is the euro (Article 104(6), (7), (8), (12) and (13)).A qualified majority of the other members of the Council shall be defined in accordance with Article 205(3)(a).”.102) Article 117 shall be repealed, with the exception of the first five indents of paragraph 2 thereof, which shall become the first five indents of paragraph 2 of Article 118a; they shall be amended as set out in point 103 below. A new Article 117a shall be inserted as follows:(a) paragraph 1 thereof shall take over the wording of Article 121(1), with the following amendments:(i) throughout the paragraph, the words “the EMI” shall be replaced by “the European Central Bank” ;(ii) at the beginning of the first subparagraph, the following shall be inserted: “At least once every two years, or at the request of a Member State with a derogation,”;(iii) in the first subparagraph, first sentence, the words “the progress made in the fulfilment by the Member States of their obligations” shall be replaced by “the progress made by the Member States with a derogation in fulfilling their obligations”;(iv) in the first subparagraph, second sentence, the words “each Member State’s national legislation” shall be replaced by “the national legislation of each of these Member States” and the words “of this Treaty” shall be deleted;(v) in the third indent of the first subparagraph, the words “against the currency of any other Member State” shall be replaced by “against the euro;”;(vi) in the fourth indent of the first subparagraph, the words “the Member State” shall be replaced by “the Member State with a derogation” and the words “of the European Monetary System” shall be deleted;(vii) in the second subparagraph, the words “the development of the ecu” shall be deleted;(b) paragraph 2 thereof shall take over the wording of the second sentence of Article 122(2), with the following amendments:(i) at the end of the text, the words “set out in Article 121(1)” shall be replaced by “set out in paragraph 1″;(ii) the following new second and third subparagraphs shall be added:”The Council shall act having received a recommendation of a qualified majority of those among its members representing Member States whose currency is the euro. These members shall act within six months of the Council receiving the Commission’s proposal.The qualified majority of the said members, as referred to in the second subparagraph, shall be defined in accordance with Article 205(3)(a).”;(c) paragraph 3 thereof shall take over the wording of Article 123(5), with the following amendments:(i) at the beginning of the paragraph, the words “If it is decided, according to the procedure set out in Article 122(2), to abrogate a derogation,” shall be replaced by “If it is decided, in accordance with the procedure set out in paragraph 2, to abrogate a derogation,”;(ii) the words “adopt the rate” shall be replaced by “irrevocably fix the rate”.103) Article 118 shall be repealed. A new Article 118a shall be inserted as follows:(a) paragraph 1 thereof shall take over the text of Article 123(3); the words “of this Treaty” shall be deleted;(b) paragraph 2 thereof shall take over the text of the first five indents of Article 117(2); the five indents shall be amended as set out below and shall be preceded by the following introductory words:”If and as long as there are Member States with a derogation, the European Central Bank shall, as regards those Member States:”(i) in the third indent, the words “European Monetary System” shall be replaced by “exchange-rate mechanism”;(ii) the fifth indent shall be replaced by the following:”– carry out the former tasks of the European Monetary Cooperation Fund which had subsequently been taken over by the European Monetary Institute.”.104) An Article 118b shall be inserted, with the wording of Article 124(1); it shall be amended as follows:(a) the words “Until the beginning of the third stage, each Member State shall treat” shall be replaced by “Each Member State with a derogation shall treat”;(b) the words “of the European Monetary System (EMS) and in developing the ecu, and shall respect existing powers in this field” shall be replaced by “of the exchange-rate mechanism.”.105) Article 119 shall be amended as follows:(a) in paragraph 1, the words “with a derogation” shall be inserted after “Member State” in the first and second subparagraphs and the word “progressive” in the first subparagraph shall be deleted;(b) in paragraph 2(a), the words “with a derogation” shall be inserted after “Member States” and in paragraph 2(b), the words “the State which is in difficulties” shall be replaced by “the Member State with a derogation which is in difficulties,”;(c) in paragraph 3, the words “the Commission shall authorise the State which is in difficulties” shall be replaced by “the Commission shall authorise the Member State with a derogation, which is in difficulties,”;(d) paragraph 4 shall be deleted.106) Article 120 shall be amended as follows:(a) in paragraph 1, the words “the Member State concerned” shall be replaced by “a Member State with a derogation”;(b) in paragraph 3, the words “an opinion” shall be replaced by “a recommendation” and the word “Member” shall be inserted before “State”;(c) paragraph 4 shall be deleted.107) Article 121(1) shall become Article 117a(1); it shall be amended as set out above in point 102. The rest of Article 121 shall be repealed.108) In Article 122(2), the second sentence shall become the first subparagraph of Article 117a(2); it shall be amended as set out above in point 102. The rest of Article 122 shall be repealed.109) Article 123(3) shall become Article 118a(1) and Article 123(5) shall become Article 117a(3); they shall be amended as set out above in points 103 and 102 respectively. The rest of Article 123 shall be repealed.110) Article 124(1) shall become the new Article 118b; it shall be amended as set out above in point 104. The rest of Article 124 shall be repealed.Employment111) In Article 125, the words “and in Article 2 of this Treaty” shall be deleted.Titles which are to be moved112) Title IX “COMMON COMMERCIAL POLICY” shall become Title II in Part Five on the Union’s external action and Articles 131 and 133 shall become Articles 188 B and 188 C respectively. Article 131 shall be amended as set out below in point 157 and Article 133 shall be replaced by Article 188 C.Articles 132 and 134 shall be repealed.113) Title X “CUSTOMS COOPERATION” shall become Chapter 1a in Title Ia, “Free movement of goods” and Article 135 shall become Article 27a, as set out above in point 45.Social policy114) The heading of Title XI “SOCIAL POLICY, EDUCATION, VOCATIONAL TRAINING AND YOUTH” shall be replaced by the heading “SOCIAL POLICY”, renumbered IX; the heading “Chapter 1 – Social provisions” shall be deleted.115) The following new Article 136a shall be inserted:”Article 136aThe Union recognises and promotes the role of the social partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between the social partners, respecting their autonomy.The Tripartite Social Summit for Growth and Employment shall contribute to social dialogue.”.116) Article 137 shall be amended as follows:(a) in paragraph 2, in the introductory words of the first subparagraph, the words “the Council:” shall be replaced by “the European Parliament and the Council:” and the first sentence of the second subparagraph shall be split into two subparagraphs which shall read as follows:”The European Parliament and the Council shall act in accordance with the ordinary legislative procedure after consulting the Economic and Social Committee and the Committee of the Regions.In the fields referred to in paragraph 1(c), (d), (f) and (g), the Council shall act unanimously, in accordance with a special legislative procedure, after consulting the European Parliament and the said Committees.”.The second sentence of the second subparagraph shall become the last subparagraph, and the words “of this Article” shall be deleted;(b) in paragraph 3, at the end of the first subparagraph, the following words shall be added “or, where appropriate, with the implementation of a Council decision adopted in accordance with Article 139″; in the second subparagraph, the words “a directive must be transposed in accordance with Article 249″ shall be replaced by “a directive or a decision must be transposed or implemented,” and the words “or that decision” shall be added at the end of the subparagraph.117) In Article 138(4), first sentence, the words “On the occasion of such consultation,” shall be replaced by “On the occasion of the consultation referred to in paragraphs 2 and 3,” and, in the second sentence, the words “the procedure” shall be replaced by “this process”.118) Article 139(2) shall be amended as follows:(a) at the end of the first subparagraph, the following sentence shall be added: “The European Parliament shall be informed.”;(b) in the second subparagraph, at the beginning of the first sentence, “The Council shall act by qualified majority, except where the agreement” shall be replaced by “The Council shall act unanimously where the agreement” and the second sentence shall be deleted.119) In Article 140, the following words shall be added at the end of the second subparagraph: “, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.”.120) In Article 143, the second paragraph shall be deleted.European Social Fund121) Chapter 2 shall be renumbered TITLE X.122) In Article 148, the words “implementing decisions” shall be replaced by “implementing regulations”.Education, vocational training, youth and sport123) Chapter 3 shall be renumbered TITLE XI and the words “AND YOUTH” at the end of the heading shall be replaced by “, YOUTH and SPORT”.124) Article 149 shall be amended as follows:(a) in paragraph 1, the following subparagraph shall be inserted:”The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function.”;(b) in paragraph 2, fifth indent, the words “and encouraging the participation of young people in democratic life in Europe,” shall be added at the end; the following shall be inserted as the last indent:”– developing the European dimension in sport, by promoting fairness and openness in sporting competitions and cooperation between bodies responsible for sports, and by protecting the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen and sportswomen.”;(c) in paragraph 3, the words “and sport” shall be added after “in the field of education”;(d) in paragraph 4, the words “the Council” shall be deleted from the introductory phrase and the first indent shall begin with the words “the European Parliament and the Council, acting”; the second indent shall begin with the words “the Council, on a proposal”.125) In Article 150(4), the following words shall be added at the end: “, and the Council, on a proposal from the Commission, shall adopt recommendations”.Culture126) Article 151(5) shall be amended as follows:(a) in the introductory phrase, the words “the Council” shall be deleted;(b) in the first indent, the first sentence shall begin with the words “the European Parliament and the Council, acting”, and the second sentence shall be deleted;(c) in the second indent, the words “acting unanimously” shall be deleted and the indent shall begin with the words “the Council, on a proposal”.Public Health127) Article 152 shall be amended as follows:(a) in paragraph 1, second subparagraph, the word “human” shall be replaced by “physical and mental” and, at the end of that subparagraph, the following shall be added: “, and monitoring, early warning of and combating serious cross-border threats to health”;(b) in paragraph 2, at the end of the first subparagraph, the following sentence shall be added: “It shall in particular encourage cooperation between the Member States to improve the complementarity of their health services in cross-border areas.”;(c) In paragraph 2, the following shall be added at the end of the second subparagraph: “, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.”;(d) paragraph 4 shall be amended as follows:(i) in the introductory wording to the first subparagraph, the following words shall be inserted at the beginning: “By way of derogation from Article 2 A(5) and Article 2 E(a) and in accordance with Article 2 C(2)(k)” and the following shall be added at the end: “in order to meet common safety concerns:”;(ii) in point (b), the words “by way of derogation from Article 37,” shall be deleted;(iii) the following new point (c) shall be inserted:”(c) measures setting high standards of quality and safety for medicinal products and devices for medical use.”;(iv) the current point (c) shall be renumbered paragraph 5 and replaced by the following:”5. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions , may also adopt incentive measures designed to protect and improve human health and in particular to combat the major cross-border health scourges, measures concerning monitoring, early warning of and combating serious cross-border threats to health, and measures which have as their direct objective the protection of public health regarding tobacco and the abuse of alcohol, excluding any harmonisation of the laws and regulations of the Member States.”;(e) the second subparagraph of the current paragraph 4 shall become paragraph 6 and paragraph 5, renumbered 7, shall be replaced by the following:”7. Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care. The responsibilities of the Member States shall include the management of health services and medical care and the allocation of the resources assigned to them. The measures referred to in paragraph 4(a) shall not affect national provisions on the donation or medical use of organs and blood.”.Consumer protection128) Article 153(2) shall become Article 6a and paragraphs 3, 4 and 5 shall be renumbered 2, 3 and 4 respectively.Industry129) Article 157 shall be amended as follows:(a) at the end of paragraph 2, the following shall be added: “, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.”;(b) in paragraph 3, first subparagraph, the following phrase shall be added at the end of the second sentence: “, excluding any harmonisation of the laws and regulations of the Member States”.Economic, social and territorial cohesion130) The heading of Title XVII shall be replaced by: “ECONOMIC, SOCIAL AND TERRITORIAL COHESION”.131) Article 158 shall be amended as follows:(a) in the first paragraph, the words “economic and social cohesion” shall be replaced by “economic, social and territorial cohesion”;(b) in the second paragraph, the words “or islands, including rural areas” shall be deleted;(c) the following new paragraph shall be added:”Among the regions concerned, particular attention shall be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island, cross-border and mountain regions.”.132) In Article 159, second paragraph, the words “economic and social” shall be replaced by “economic, social and territorial”.133) Article 161 shall be amended as follows:(a) at the beginning of the first paragraph, first sentence, the words “Without prejudice to Article 162, the Council, acting unanimously on a proposal from the Commission and after obtaining the assent of the European Parliament” shall be replaced by “Without prejudice to Article 162, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure”. In the second sentence the words “The Council, acting by the same procedure, shall also define” shall be deleted at the beginning and the words “shall also be defined by the same procedure” added at the end;(b) in the second paragraph the words “by the Council ” shall be deleted;(c) the third paragraph shall be deleted.134) In Article 162, first paragraph, the words “implementing decisions” shall be replaced by “implementing regulations”.Research and technological development135) The words “AND SPACE” shall be added to the heading of Title XVIII.136) Article 163 shall be amended as follows:(a) paragraph 1 shall be replaced by the following:”1. The Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties.”;(b) in paragraph 2, the words “enabling undertakings to exploit the internal market potential to the full,” shall be replaced by “permitting researchers to cooperate freely across borders and at enabling undertakings to exploit the internal market potential to the full,”.137) The following shall be added at the end of Article 165(2): “, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.”.138) Article 166 shall be amended as follows:(a) in paragraph 4, the words “The Council, acting by a qualified majority on a proposal from the Commission” shall be replaced by “The Council, acting in accordance with a special legislative procedure”;(b) the following new paragraph 5 shall be added:”5. As a complement to the activities planned in the multiannual framework programme, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall establish the measures necessary for the implementation of the European research area.”.139) In Article 167, the words “the Council” shall be replaced by “the Union”.140) In Article 168, second paragraph, the words “the Council” shall be replaced by “the Union”.141) In the second paragraph of Article 170, the words “, which shall be negotiated and concluded in accordance with Article 300″ shall be deleted.Space142) The following new Article 172a shall be inserted:”Article 172a1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.2. To contribute to attaining the objectives referred to in paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the necessary measures, which may take the form of a European space programme, excluding any harmonisation of the laws and regulations of the Member States.3. The Union shall establish any appropriate relations with the European Space Agency.4. This Article shall be without prejudice to the other provisions of this Title.”.Environment (climate change)143) Article 174 shall be amended as follows:(a) in paragraph 1, the fourth indent shall be replaced by the following:”– promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.”;(b) in paragraph 2, second subparagraph, the words “Community inspection procedure” shall be replaced by “a procedure of inspection by the Union”;(c) in paragraph 4, first subparagraph, the last phrase “, which shall be negotiated and concluded in accordance with Article 300″ shall be deleted.144) Article 175 shall be amended as follows:(a) in paragraph 2, the second subparagraph shall be replaced by the following:”The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, may make the ordinary legislative procedure applicable to the matters referred to in the first subparagraph.”;(b) in the first subparagraph of paragraph 3, the words “In other areas,” shall be deleted and the second subparagraph shall be replaced by the following:”The measures necessary for the implementation of these programmes shall be adopted under the terms of paragraph 1 or 2, as the case may be.”;(c) in paragraph 4, the words “certain measures of a Community nature,” shall be replaced by “certain measures adopted by the Union”;(d) in paragraph 5, the words “the Council shall, in the act adopting that measure, lay down” shall be replaced by “such measure shall lay down”.Titles which are to be moved145) Title XX “DEVELOPMENT COOPERATION” shall become Chapter I of Title III of Part Five on the Union’s external action, and Articles 177, 179, 180 and 181 shall become Articles 188 D to 188 G respectively; those articles shall be amended as set out below in points 161 to 164. Article 178 shall be repealed.146) Title XXI “ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES” shall become Chapter 2 of Title III of Part Five on the Union’s external action and Article 181a shall become the new Article 188 H; that Article shall be amended as set out below in point 166.Energy147) Title XX shall be replaced by the following new Title and new Article 176 A:”TITLE XXENERGYArticle 176 A1. In the context of the establishment and functioning of the internal market and with regard for the need to preserve and improve the environment, Union policy on energy shall aim, in a spirit of solidarity between Member States, to:(a) ensure the functioning of the energy market;(b) ensure security of energy supply in the Union; and(c) promote energy efficiency and energy saving and the development of new and renewable forms of energy; and(d) promote the interconnection of energy networks.2. Without prejudice to the application of other provisions of the Treaties, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures necessary to achieve the objectives in paragraph 1. Such measures shall be adopted after consultation of the Economic and Social Committee and the Committee of the Regions.Such measures shall not affect a Member State’s right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article 175(2)(c).3. By way of derogation from paragraph 2, the Council, acting in accordance with a special legislative procedure, shall unanimously and after consulting the European Parliament, establish the measures referred to therein when they are primarily of a fiscal nature.”.Tourism148) Title XXI shall be replaced by the following new Title and new Article 176 B:”TITLE XXITOURISMArticle 176 B1. The Union shall complement the action of the Member States in the tourism sector, in particular by promoting the competitiveness of Union undertakings in that sector.To that end, Union action shall be aimed at:(a) encouraging the creation of a favourable environment for the development of undertakings in this sector;(b) promoting cooperation between the Member States, particularly by the exchange of good practice.2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish specific measures to complement actions within the Member States to achieve the objectives referred to in this Article, excluding any harmonisation of the laws and regulations of the Member States.”.Civil protection149) The following new Title XXII and new Article 176 C shall be inserted:”TITLE XXIICIVIL PROTECTIONArticle 176 C1. The Union shall encourage cooperation between Member States in order to improve the effectiveness of systems for preventing and protecting against natural or man-made disasters.Union action shall aim to:(a) support and complement Member States’ action at national, regional and local level in risk prevention, in preparing their civil-protection personnel and in responding to natural or man-made disasters within the Union;(b) promote swift, effective operational cooperation within the Union between national civil-protection services;(c) promote consistency in international civil-protection work.2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures necessary to help achieve the objectives referred to in paragraph 1, excluding any harmonisation of the laws and regulations of the Member States.”.Administrative cooperation150) The following new Title XXIII and new Article 176 D shall be inserted:”TITLE XXIIIADMINISTRATIVE COOPERATIONArticle 176 D1. Effective implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest.2. The Union may support the efforts of Member States to improve their administrative capacity to implement Union law. Such action may include facilitating the exchange of information and of civil servants as well as supporting training schemes. No Member State shall be obliged to avail itself of such support. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish the necessary measures to this end, excluding any harmonisation of the laws and regulations of the Member States.3. This Article shall be without prejudice to the obligations of the Member States to implement Union law or to the prerogatives and duties of the Commission. It shall also be without prejudice to other provisions of the Treaties providing for administrative cooperation among the Member States and between them and the Union.”.Association of the overseas countries and territories151) At the end of Article 182, first paragraph, the words “to this Treaty” shall be deleted.152) At the end of Article 186, the words “shall be governed by agreements to be concluded subsequently with the unanimous approval of Member States” shall be replaced by “shall be regulated by acts adopted in accordance with Article 187″.153) In Article 187, the words “acting unanimously” shall be replaced by “acting unanimously on a proposal from the Commission” and the following sentence shall be added at the end of the Article: “Where the provisions in question are adopted by the Council in accordance with a special legislative procedure, it shall act unanimously on a proposal from the Commission and after consulting the European Parliament.”.External action by the Union154) A new Part Five shall be inserted. Its heading shall be “EXTERNAL ACTION BY THE UNION” and it shall contain the following Titles and Chapters:Title I: General provisions on the Union’s external actionTitle II: Common commercial policyTitle III: Cooperation with third countries and humanitarian aidChapter 1: Development cooperationChapter 2: Economic, financial and technical cooperation with third countriesChapter 3: Humanitarian aidTitle IV: Restrictive measuresTitle V: International agreementsTitle VI: The Union’s relations with international organisations and third countriesand Union delegationsTitle VII: Solidarity clause.General provisions155) The following new Title I and new Article 188 A shall be inserted:”TITLE IGENERAL PROVISONS ONTHE UNION’S EXTERNAL ACTIONArticle 188 AThe Union’s action on the international scene, pursuant to this Part, shall be guided by the principles, pursue the objectives and be conducted in accordance with the general provisions laid down in Chapter 1 of Title V of the Treaty on European Union.”.Common commercial policy156) A Title II “COMMON COMMERCIAL POLICY” shall be inserted, taking over the heading of Title IX of Part 3.157) An Article 188 B shall be inserted, with the wording of Article 131; it shall be amended as follows:(a) the first paragraph shall be replaced by the following:”By establishing a customs union in accordance with Articles 23 to 27, the Union shall contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.”;(b) the second paragraph shall be deleted.158) An Article 188 C shall be inserted, replacing Article 133:”Article 188 C1. The common commercial policy shall be based on uniform principles, particularly with regard to changes in tariff rates, the conclusion of tariff and trade agreements relating to trade in goods and services, and the commercial aspects of intellectual property, foreign direct investment, the achievement of uniformity in measures of liberalisation, export policy and measures to protect trade such as those to be taken in the event of dumping or subsidies. The common commercial policy shall be conducted in the context of the principles and objectives of the Union’s external action.2. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the measures defining the framework for implementing the common commercial policy.3. Where agreements with one or more third countries or international organisations need to be negotiated and concluded, Article 188 N shall apply, subject to the special provisions of this Article.The Commission shall make recommendations to the Council, which shall authorise it to open the necessary negotiations. The Council and the Commission shall be responsible for ensuring that the agreements negotiated are compatible with internal Union policies and rules.The Commission shall conduct these negotiations in consultation with a special committee appointed by the Council to assist the Commission in this task and within the framework of such directives as the Council may issue to it. The Commission shall report regularly to the special committee and to the European Parliament on the progress of negotiations.4. For the negotiation and conclusion of the agreements referred to in paragraph 3, the Council shall act by a qualified majority.For the negotiation and conclusion of agreements in the fields of trade in services and the commercial aspects of intellectual property, as well as foreign direct investment, the Council shall act unanimously where such agreements include provisions for which unanimity is required for the adoption of internal rules.The Council shall also act unanimously for the negotiation and conclusion of agreements:(a) in the field of trade in cultural and audiovisual services, where these agreements risk prejudicing the Union’s cultural and linguistic diversity;(b) in the field of trade in social, education and health services, where these agreements risk seriously disturbing the national organisation of such services and prejudicing the responsibility of Member States to deliver them.5. The negotiation and conclusion of international agreements in the field of transport shall be subject to Title V of Part Three and to Article 188 N.6. The exercise of the competences conferred by this Article in the field of the common commercial policy shall not affect the delimitation of competences between the Union and the Member States, and shall not lead to harmonisation of legislative or regulatory provisions of the Member States insofar as the Treaties exclude such harmonisation.”.Development cooperation159) A Title III “COOPERATION WITH THIRD COUNTRIES AND HUMANITARIAN AID” shall be inserted.160) A Chapter 1 “DEVELOPMENT COOPERATION” shall be inserted, taking over the heading of Title XX of Part 3.161) An Article 188 D shall be inserted, with the wording of Article 177; it shall be amended as follows:(a) paragraphs 1 and 2 shall be replaced by the following:”1. Union policy in the field of development cooperation shall be conducted within the framework of the principles and objectives of the Union’s external action. The Union’s development cooperation policy and that of the Member States complement and reinforce each other.Union development cooperation policy shall have as its primary objective the reduction and, in the long term, the eradication of poverty. The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries.”;(b) paragraph 3 shall be renumbered “2″.162) An Article 188 E shall be inserted, with the wording of Article 179; it shall be amended as follows:(a) paragraph 1 shall be replaced by the following:”1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of development cooperation policy, which may relate to multiannual cooperation programmes with developing countries or programmes with a thematic approach.”;(b) the following new paragraph 2 shall be inserted:”2. The Union may conclude with third countries and competent international organisations any agreement helping to achieve the objectives referred to in Article 10 A of the Treaty on European Union and in Article 188 D of this Treaty.The first subparagraph shall be without prejudice to Member States’ competence to negotiate in international bodies and to conclude agreements.”;(c) the current paragraph 2 shall be renumbered “3″ and the current paragraph 3 shall be deleted.163) An Article 188 F shall be inserted, with the wording of Article 180; it shall be amended as follows:At the beginning of paragraph 1, the following words shall be inserted: “In order to promote the complementarity and efficiency of their action, “.164) An Article 188 G shall be inserted, with the wording of Article 181; the second sentence of the first paragraph and the second paragraph shall be deleted.Economic, financial and technical cooperation with third countries165) A Chapter 2 “ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES” shall be inserted, taking over the heading of Title XXI of Part 3.166) An Article 188 H shall be inserted, with the wording of Article 181a; it shall be amended as follows:(a) paragraph 1 shall be replaced by the following:”1. Without prejudice to the other provisions of the Treaties, and in particular Articles 188 D to 188 G, the Union shall carry out economic, financial and technical cooperation measures, including assistance, in particular financial assistance, with third countries other than developing countries. Such measures shall be consistent with the development policy of the Union and shall be carried out within the framework of the principles and objectives of its external action. The Union’s operations and those of the Member States shall complement and reinforce each other.”;(b) paragraph 2 shall be replaced by the following:”2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of paragraph 1.”;(c) at the end of the second sentence of the first subparagraph of paragraph 3, the words “, which shall be negotiated and concluded in accordance with Article 300″ shall be deleted.167) The following new Article 188 I shall be inserted:”Article 188 IWhen the situation in a third country requires urgent financial assistance from the Union, the Council shall adopt the necessary decisions on a proposal from the Commission.”.Humanitarian aid168) The following new Chapter 3 and new Article 188 J shall be inserted:”CHAPTER 3HUMANITARIAN AIDArticle 188 J1. The Union’s operations in the field of humanitarian aid shall be conducted within the framework of the principles and objectives of the external action of the Union. Such operations shall be intended to provide ad hoc assistance and relief and protection for people in third countries who are victims of natural or man-made disasters, in order to meet the humanitarian needs resulting from these different situations. The Union’s measures and those of the Member States shall complement and reinforce each other.2. Humanitarian aid operations shall be conducted in compliance with the principles of international law and with the principles of impartiality, neutrality and non-discrimination.3. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures defining the framework within which the Union’s humanitarian aid operations shall be implemented.4. The Union may conclude with third countries and competent international organisations any agreement helping to achieve the objectives referred to in paragraph 1 and in Article 10 A of the Treaty on European Union.The first subparagraph shall be without prejudice to Member States’ competence to negotiate in international bodies and to conclude agreements.5. In order to establish a framework for joint contributions from young Europeans to the humanitarian aid operations of the Union, a European Voluntary Humanitarian Aid Corps shall be set up. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall determine the rules and procedures for the operation of the Corps.6. The Commission may take any useful initiative to promote coordination between actions of the Union and those of the Member States, in order to enhance the efficiency and complementarity of Union and national humanitarian aid measures.7. The Union shall ensure that its humanitarian aid operations are coordinated and consistent with those of international organisations and bodies, in particular those forming part of the United Nations system.”.Restrictive measures169) The following Title IV and Article 188 K shall be inserted, replacing Article 301:”TITLE IVRESTRICTIVE MEASURESArticle 188 K1. Where a decision, adopted in accordance with Chapter 2 of Title V of the Treaty on European Union, provides for the interruption or reduction, in part or completely, of economic and financial relations with one or more third countries, the Council, acting by a qualified majority on a joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission, shall adopt the necessary measures. It shall inform the European Parliament thereof.2. Where a decision adopted in accordance with Chapter 2 of Title V of the Treaty on European Union so provides, the Council may adopt restrictive measures under the procedure referred to in paragraph 1 against natural or legal persons and groups or non-State entities.3. The acts referred to in this Article shall include necessary provisions on legal safeguards.”.International agreements170) A Title V “INTERNATIONAL AGREEMENTS” shall be inserted after Article 188 K.171) The following Article 188 L shall be inserted:”Article 188 L1. The Union may conclude an agreement with one or more third countries or international organisations where the Treaties so provide or where the conclusion of an agreement is necessary in order to achieve, within the framework of the Union’s policies, one of the objectives referred to in the Treaties, or is provided for in a legally binding Union act or is likely to affect common rules or alter their scope.2. Agreements concluded by the Union are binding upon the institutions of the Union and on its Member States.”.172) An Article 188 M shall be inserted, with the wording of Article 310. The word “States” shall be replaced by “third countries”.173) An Article 188 N shall be inserted, replacing Article 300:”Article 188 N1. Without prejudice to the specific provisions laid down in Article 188 C, agreements between the Union and third countries or international organisations shall be negotiated and concluded in accordance with the following procedure.2. The Council shall authorise the opening of negotiations, adopt negotiating directives, authorise the signing of agreements and conclude them.3. The Commission, or the High Representative of the Union for Foreign Affairs and Security Policy where the agreement envisaged relates exclusively or principally to the common foreign and security policy, shall submit recommendations to the Council, which shall adopt a decision authorising the opening of negotiations and, depending on the subject of the agreement envisaged, nominating the Union negotiator or the head of the Union’s negotiating team.4. The Council may address directives to the negotiator and designate a special committee in consultation with which the negotiations must be conducted.5. The Council, on a proposal by the negotiator, shall adopt a decision authorising the signing of the agreement and, if necessary, its provisional application before entry into force.6. The Council, on a proposal by the negotiator, shall adopt a decision concluding the agreement.Except where agreements relate exclusively to the common foreign and security policy, the Council shall adopt the decision concluding the agreement:(a) after obtaining the consent of the European Parliament in the following cases:(i) association agreements;(ii) agreement on Union accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms;(iii) agreements establishing a specific institutional framework by organising cooperation procedures;(iv) agreements with important budgetary implications for the Union;(v) agreements covering fields to which either the ordinary legislative procedure applies, or the special legislative procedure where consent by the European Parliament is required.The European Parliament and the Council may, in an urgent situation, agree upon a time-limit for consent.(b) after consulting the European Parliament in other cases. The European Parliament shall deliver its opinion within a time-limit which the Council may set depending on the urgency of the matter. In the absence of an opinion within that time-limit, the Council may act.7. When concluding an agreement, the Council may, by way of derogation from paragraphs 5, 6 and 9, authorise the negotiator to approve on the Union’s behalf modifications to the agreement where it provides for them to be adopted by a simplified procedure or by a body set up by the agreement. The Council may attach specific conditions to such authorisation.8. The Council shall act by a qualified majority throughout the procedure.However, it shall act unanimously when the agreement covers a field for which unanimity is required for the adoption of a Union act as well as for association agreements and the agreements referred to in Article 188 H with the States which are candidates for accession. The Council shall also act unanimously for the agreement on accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms; the decision concluding this agreement shall enter into force after it has been approved by the Member States in accordance with their respective constitutional requirements.9. The Council, on a proposal from the Commission or the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt a decision suspending application of an agreement and establishing the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.10. The European Parliament shall be immediately and fully informed at all stages of the procedure.11. A Member State, the European Parliament, the Council or the Commission may obtain the opinion of the Court of Justice as to whether an agreement envisaged is compatible with the Treaties. Where the opinion of the Court is adverse, the agreement envisaged may not enter into force unless it is amended or the Treaties are revised.”.174) An Article 188 O shall be inserted, with the wording of paragraphs 1 to 3 and 5 of Article 111 and paragraph 1 shall be split into two subparagraphs, the last two sentences becoming the second subparagraph; the Article shall be amended as follows:(a) paragraph 1, first subparagraph, shall be replaced by the following: “1. By way of derogation from Article 188 N(1), the Council, either on a recommendation from the European Central Bank or on a recommendation from the Commission and after consulting the European Central Bank, in an endeavour to reach a consensus consistent with the objective of price stability, may conclude formal agreements on an exchange-rate system for the euro in relation to the currencies of third States. The Council shall act unanimously after consulting the European Parliament and in accordance with the procedure provided for in paragraph 3.”.In the second subparagraph, the words “on a recommendation from the ECB or from the Commission and after consulting the ECB in an endeavour to” shall be replaced by the following: “either on a recommendation from the European Central Bank or on a recommendation from the Commission, and after consulting the European Central Bank, in an endeavour to”;(b) in paragraph 2, the words “non-Community currencies” shall be replaced by “currencies of third States”;(c) in paragraph 3, in the first sentence of the first subparagraph, the reference to Article 300 shall be replaced by a reference to Article 188 N and the word “States” shall be replaced by “third States”, and the second subparagraph shall be deleted;(d) paragraph 5 shall be renumbered “4″.The Union’s relations with international organisations and third countries and Union delegations175) The following Title VI and Articles 188 P and 188 Q shall be inserted, with Article 188 P replacing Articles 302 to 304:”TITLE VITHE UNION’S RELATIONS WITH INTERNATIONAL ORGANISATIONSAND THIRD COUNTRIES AND UNION DELEGATIONSArticle 188 P1. The Union shall establish all appropriate forms of cooperation with the organs of the United Nations and its specialised agencies, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development.The Union shall also maintain such relations as are appropriate with other international organisations.2. The High Representative of the Union for Foreign Affairs and Security Policy and the Commission shall be instructed to implement this Article.Article 188 Q1. Union delegations in third countries and at international organisations shall represent the Union.2. Union delegations shall be placed under the authority of the High Representative of the Union for Foreign Affairs and Security Policy. They shall act in close cooperation with Member States’ diplomatic and consular missions.”.Solidarity clause176) The following new Title VII and new Article 188 R shall be inserted:”TITLE VIISOLIDARITY CLAUSEArticle 188 R1. The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States, to:(a) – prevent the terrorist threat in the territory of the Member States;– protect democratic institutions and the civilian population from any terrorist attack;– assist a Member State in its territory, at the request of its political authorities, in the event of a terrorist attack;(b) assist a Member State in its territory, at the request of its political authorities, in the event of a natural or man-made disaster.2. Should a Member State be the object of a terrorist attack or the victim of a natural or man-made disaster, the other Member States shall assist it at the request of its political authorities. To that end, the Member States shall coordinate between themselves in the Council.3. The arrangements for the implementation by the Union of the solidarity clause shall be defined by a decision adopted by the Council acting on a joint proposal by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy. The Council shall act in accordance with Article 15b(1) of the Treaty on European Union where this decision has defence implications. The European Parliament shall be informed.For the purposes of this paragraph and without prejudice to Article 207, the Council shall be assisted by the Political and Security Committee with the support of the structures developed in the context of the common security and defence policy and by the Committee referred to in Article 61 D; the two committees shall, if necessary, submit joint opinions.4. The European Council shall regularly assess the threats facing the Union in order to enable the Union and its Member States to take effective action.”.Institutional and financial provisions177) Part Five shall be renumbered “PART SIX” and its heading shall be replaced by “INSTITUTIONAL AND FINANCIAL PROVISIONS”.European Parliament178) Article 189 shall be repealed.179) Article 190 shall be amended as follows:(a) paragraphs 1, 2 and 3 shall be deleted and paragraphs 4 and 5 shall be renumbered 1 and 2 respectively;(b) paragraph 4, renumbered 1, shall be amended as follows: (i) in the first subparagraph, the words “for elections by direct universal suffrage” shall be replaced by the following: “to lay down the provisions necessary for the election of its members by direct universal suffrage”;(ii) the second subparagraph shall be replaced by the following: “The Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, which shall act by a majority of its component members, shall lay down the necessary provisions. These provisions shall enter into force following their approval by the Member States in accordance with their respective constitutional requirements.”; (c) in paragraph 5, renumbered 2, the words “, acting by means of regulations on its own initiative in accordance with a special legislative procedure” shall be inserted after “The European Parliament”.180) In Article 191, the first paragraph shall be deleted. In the second paragraph, the words “, by means of regulations,” shall be inserted before “shall lay down” and the words “referred to in Article 8 A(4) of the Treaty on European Union” shall be inserted after “at European level”.181) In Article 192, the first paragraph shall be deleted; in the second paragraph, the words “of its Members” shall be replaced by “of its component members” and the following sentence shall be added at the end of the paragraph: “If the Commission does not submit a proposal, it shall inform the European Parliament of the reasons.”.182) Article 193 shall be amended as follows:(a) in the first paragraph, the words “of its Members” shall be replaced by “of its component Members”;(b) the third paragraph shall be replaced by the following:”The detailed provisions governing the exercise of the right of inquiry shall be determined by the European Parliament, acting by means of regulations on its own initiative in accordance with a special legislative procedure, after obtaining the consent of the Council and the Commission.”.183) Article 195 shall be amended as follows:(a) in the first subparagraph of paragraph 1, the words at the beginning “The European Parliament shall appoint an Ombudsman, empowered to receive complaints” shall be replaced by “A European Ombudsman, elected by the European Parliament, shall be empowered to receive complaints”; in the last part of the sentence, the words “and the Court of First Instance acting in their judicial role” shall be replaced by: “acting in its judicial role” and the following final sentence shall be added: “He or she shall examine such complaints and report on them.”;(b) in the first subparagraph of paragraph 2, the word “appointed” shall be replaced by “elected”;(c) in paragraph 3, the words “from any body” shall be replaced by “from any Government, institution, body, office or entity”;(d) in paragraph 4, the words “acting by means of regulations on its own initiative in accordance with a special legislative procedure” shall be inserted after “The European Parliament”.184) In the second paragraph of Article 196, the words “in extraordinary session” shall be replaced by “in extraordinary part-session” and the words “of its Members” shall be replaced by “of its component members”.185) Article 197 shall be amended as follows:(a) the first paragraph shall be deleted;(b) the second paragraph shall be replaced by the following:”The Commission may attend all the meetings and shall, at its request, be heard.”;(c) the fourth paragraph shall be replaced by the following:”The European Council and the Council shall be heard by the European Parliament in accordance with the conditions laid down in the Rules of Procedure of the European Council and those of the Council.”.186) In the first paragraph of Article 198, the word “absolute” shall be deleted.187) In the second paragraph of Article 199, the words “manner laid down in its Rules of Procedure” shall be replaced by “manner laid down in the Treaties and in its Rules of Procedure”.188) In Article 201, the second paragraph shall be replaced by the following:”If the motion of censure is carried by a two-thirds majority of the votes cast, representing a majority of the component members of the European Parliament, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from duties that he or she carries out in the Commission. They shall remain in office and continue to deal with current business until they are replaced in accordance with Article 9 D of the Treaty on European Union. In this case, the term of office of the members of the Commission appointed to replace them shall expire on the date on which the term of office of the members of the Commission obliged to resign as a body would have expired.”.European Council189) The following new Section 1a and new Articles 201a and 201b shall be inserted:”SECTION 1aTHE EUROPEAN COUNCILArticle 201a1. Where a vote is taken, any member of the European Council may also act on behalf of not more than one other member.Article 9 C(4) of the Treaty on European Union and Article 205(2) of this Treaty shall apply to the European Council when it is acting by a qualified majority. Where the European Council decides by vote, its President and the President of the Commission shall not take part in the vote.Abstentions by members present in person or represented shall not prevent the adoption by the European Council of acts which require unanimity.2. The President of the European Parliament may be invited to be heard by the European Council.3. The European Council shall act by a simple majority for procedural questions and for the adoption of its Rules of Procedure.4. The European Council shall be assisted by the General Secretariat of the Council.Article 201bThe European Council shall adopt by a qualified majority:(a) a decision establishing the list of Council configurations, other than those of the General Affairs Council and of the Foreign Affairs Council, in accordance with Article 9 C(6) of the Treaty on European Union;(b) a decision on the Presidency of Council configurations, other than that of Foreign Affairs, in accordance with Article 9 C(9) of the Treaty on European Union.”.Council190) Articles 202 and 203 shall be repealed.191) Article 205 shall be amended as follows:(a) paragraphs 1 and 2 shall be replaced by the following:”1. Where it is required to act by a simple majority, the Council shall act by a majority of its component members.2. By way of derogation from Article 9 C(4) of the Treaty on European Union, as from 1 November 2014 and subject to the provisions laid down in the Protocol on transitional provisions, where the Council does not act on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, the qualified majority shall be defined as at least 72 % of the members of the Council, representing Member States comprising at least 65 % of the population of the Union.3. As from 1 November 2014 and subject to the provisions laid down in the Protocol on transitional provisions, in cases where, under the Treaties, not all the members of the Council participate in voting, a qualified majority shall be defined as follows:(a) A qualified majority shall be defined as at least 55 % of the members of the Council representing the participating Member States, comprising at least 65 % of the population of these States.A blocking minority must include at least the minimum number of Council members representing more than 35 % of the population of the participating Member States, plus one member, failing which the qualified majority shall be deemed attained;(b) By way of derogation from point (a), where the Council does not act on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, the qualified majority shall be defined as at least 72 % of the members of the Council representing the participating Member States, comprising at least 65 % of the population of these States.”.(b) paragraph 4 shall be deleted and paragraph 3 shall be renumbered 4.192) Article 207 shall be replaced by the following:”Article 2071. A committee consisting of the Permanent Representatives of the Governments of the Member States shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the latter. The Committee may adopt procedural decisions in cases provided for in the Council’s Rules of Procedure.2. The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary-General appointed by the Council.The Council shall decide on the organisation of the General Secretariat by a simple majority.3. The Council shall act by a simple majority regarding procedural matters and for the adoption of its Rules of Procedure.”.193) In Article 208, the following sentence shall be added at the end of the Article: “If the Commission does not submit a proposal, it shall inform the Council of the reasons.”.194) In Article 209, the words “receiving an opinion from” shall be replaced by “consulting”.195) Article 210 shall be replaced by the following:”Article 210The Council shall determine the salaries, allowances and pensions of the President of the European Council, the President of the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, the members of the Commission, the Presidents, members and Registrars of the Court of Justice of the European Union, and the Secretary‑General of the Council. It shall also determine any payment to be made instead of remuneration.”.Commission196) Article 211 shall be repealed. The following Article 211a shall be inserted:”Article 211aIn accordance with Article 9 D(5) of the Treaty on European Union, the members of the Commission shall be chosen on the basis of a system of rotation established unanimously by the European Council and on the basis of the following principles:(a) Member States shall be treated on a strictly equal footing as regards determination of the sequence of, and the time spent by, their nationals as members of the Commission; consequently, the difference between the total number of terms of office held by nationals of any given pair of Member States may never be more than one;(b) subject to point (a), each successive Commission shall be so composed as to reflect satisfactorily the demographic and geographical range of all the Member States.”.197) Article 212 shall become a new paragraph 2 of Article 218.198) In Article 213, paragraph 1 shall be deleted and paragraph 2 shall not be numbered; its first two paragraphs shall be merged and shall read as follows:”The Members of the Commission shall refrain from any action incompatible with their duties. Member States shall respect their independence and shall not seek to influence them in the performance of their tasks.”.199) Article 214 shall be repealed.200) Article 215 shall be amended as follows:(a) the second paragraph shall be replaced by the following two paragraphs:”A vacancy caused by resignation, compulsory retirement or death shall be filled for the remainder of the member’s term of office by a new member of the same nationality appointed by the Council, by common accord with the President of the Commission, after consulting the European Parliament and in accordance with the criteria set out in the second subparagraph of Article 9 D(3) of the Treaty on European Union.The Council may, acting unanimously on a proposal from the President of the Commission, decide that such a vacancy need not be filled, in particular when the remainder of the member’s term of office is short.”;(b) the following new fifth paragraph shall be inserted:”In the event of resignation, compulsory retirement or death, the High Representative of the Union for Foreign Affairs and Security Policy shall be replaced, for the remainder of his or her term of office, in accordance with Article 9 E(1) of the Treaty on European Union”;(c) the last paragraph shall be replaced by the following:”In the case of the resignation of all the members of the Commission, they shall remain in office and continue to deal with current business until they have been replaced, for the remainder of their term of office, in accordance with Article 9 D of the Treaty on European Union.”.201) In Article 217, paragraphs 1, 3 and 4 shall be deleted and paragraph 2 shall not be numbered. Its first sentence shall be replaced by the following: “Without prejudice to Article 9 E(4) of the Treaty on European Union, the responsibilities incumbent upon the Commission shall be structured and allocated among its members by its President, in accordance with Article 9 D(6) of that Treaty”.202) In Article 218, paragraph 1 shall be deleted; paragraph 2 shall be renumbered 1 and the words “in accordance with the provisions of this Treaty” shall be deleted. A paragraph 2 shall be inserted, with the wording of Article 212.203) In Article 219, first paragraph, the words “of the number of Members provided for in Article 213″ shall be replaced by “of its members” and the second paragraph shall be replaced by “Its Rules of Procedure shall determine the quorum.”.Court of Justice204) In the heading of Section 4, the words “OF THE EUROPEAN UNION” shall be added.205) Article 220 shall be repealed.206) In Article 221, the first paragraph shall be deleted.207) In Article 223, the words “, after consultation of the panel provided for in Article 224a” shall be added at the end of the first paragraph.208) In Article 224, first paragraph, the first sentence shall be deleted and the words “of the Court” shall be inserted after “The number of Judges”. In the second paragraph, the words “, after consultation of the panel provided for in Article 224a” shall be inserted at the end of the second sentence.209) The following new Article 224a shall be inserted:”Article 224aA panel shall be set up in order to give an opinion on candidates’ suitability to perform the duties of Judge and Advocate-General of the Court of Justice and the General Court before the governments of the Member States make the appointments referred to in Articles 223 and 224.The panel shall comprise seven persons chosen from among former members of the Court of Justice and the General Court, members of national supreme courts and lawyers of recognised competence, one of whom shall be proposed by the European Parliament. The Council shall adopt a decision establishing the panel’s operating rules and a decision appointing its members. It shall act on the initiative of the President of the Court of Justice.”.210) In Article 225, paragraph 1, first subparagraph, first sentence, the words “assigned to a judicial panel and those” shall be replaced by “assigned to a specialised court set up under Article 225a and those” and in paragraph 2, first subparagraph, the words “set up under Article 225a” shall be deleted.211) Article 225a shall be amended as follows:(a) the first paragraph shall be replaced by the following text:”The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish specialised courts attached to the General Court to hear and determine at first instance certain classes of action or proceeding brought in specific areas. The European Parliament and the Council shall act by means of regulations either on a proposal from the Commission after consultation of the Court of Justice or at the request of the Court of Justice after consultation of the Commission.”;(b) in the second paragraph, the words “the decision” shall be replaced by “the regulation” and the words “the panel” shall be replaced by “the court”;(c) in the third paragraph, the words “the decision establishing the panel” shall be replaced by “the regulation establishing the specialised court”;(d) in the sixth paragraph, the words “the decision” shall be replaced by “the regulation” and the following sentence shall be added at the end: “Title I of the Statute and Article 64 thereof shall in any case apply to the specialised courts.”.212) Article 228 shall be amended as follows:(a) in paragraph 2, the first and second subparagraphs shall be replaced by the following wording, which shall become the first subparagraph:”2. If the Commission considers that the Member State concerned has not taken the necessary measures to comply with judgment of the Court, it may bring the case before the Court after giving that State the opportunity to submit its observations. It shall specify the amount of the lump sum or penalty payment to be paid by the Member State concerned which it considers appropriate in the circumstances.” In the third subparagraph, which shall become the second, the words “of Justice” shall be deleted after “Court”; (b) the following new paragraph 3 shall be added:”3. When the Commission brings a case before the Court pursuant to Article 226 on the grounds that the Member State concerned has failed to fulfil its obligation to notify measures transposing a directive adopted under a legislative procedure, it may, when it deems appropriate, specify the amount of the lump sum or penalty payment to be paid by the Member State concerned which it considers appropriate in the circumstances.If the Court finds that there is an infringement it may impose a lump sum or penalty payment on the Member State concerned not exceeding the amount specified by the Commission. The payment obligation shall take effect on the date set by the Court in its judgment.”.213) In Article 229a, the words “the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament,” shall be replaced by “the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament,” and the words “Community industrial property rights” shall be replaced by “European intellectual property rights”. The last sentence shall be replaced by the following: “These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.”.214) Article 230 shall be amended as follows:(a) in the first paragraph, the words “acts adopted jointly by the European Parliament and the Council,” shall be replaced by “legislative acts,” the words “and of the European Council” shall be inserted after “European Parliament” and the following sentence shall be added at the end: “It shall also review the legality of acts of bodies, offices or agencies of the Union intended to produce legal effects vis-à-vis third parties.”;(b) in the third paragraph, the words “by the Court of Auditors and by the ECB for the purpose of protecting their prerogatives” shall be replaced by “by the Court of Auditors, by the European Central Bank and by the Committee of the Regions for the purpose of protecting their prerogatives”;(c) the fourth paragraph shall be replaced by the following:”Any natural or legal person may, under the conditions laid down in the first and second paragraphs, institute proceedings against an act addressed to that person or which is of direct and individual concern to them, and against a regulatory act which is of direct concern to them and does not entail implementing measures.”;(d) the following new fifth paragraph shall be inserted, and the present fifth paragraph shall become the sixth paragraph:”Acts setting up bodies, offices and agencies of the Union may lay down specific conditions and arrangements concerning actions brought by natural or legal persons against acts of these bodies, offices or agencies intended to produce legal effects in relation to them.”.215) In Article 231, the second paragraph shall be replaced by the following: “However, the Court shall, if it considers this necessary, state which of the effects of the act which it has declared void shall be considered as definitive.”.216) Article 232 shall be amended as follows:(a) in the first paragraph, the words “the European Council,” shall be inserted after “European Parliament”, the words “or the European Central Bank” shall be inserted after “Commission”, the word “or” before “the Commission” shall be replaced by a comma and the following sentence shall be added at the end of the paragraph: “This Article shall apply, under the same conditions, to bodies, offices and agencies of the Union which fail to act.”;(b) in the third paragraph, the words “, body, office or agency” shall be inserted after “an institution”;(c) the fourth paragraph shall be deleted.217) In Article 233, first paragraph, the words “or institutions” shall be deleted; the third paragraph shall be deleted.218) In Article 234, first paragraph, point (b), the words “and of the ECB” shall be deleted and point (c) shall be deleted. The following paragraph shall be added at the end of the Article: “If such a question is raised in a case pending before a court or tribunal of a Member State with regard to a person in custody, the Court of Justice of the European Union shall act with the minimum of delay.”.219) In Article 235, the reference to the second paragraph of Article 288 shall be replaced by a reference to the second and third paragraphs of Article 288.220) The following new Article 235a shall be inserted:”Article 235aThe Court of Justice shall have jurisdiction to decide on the legality of an act adopted by the European Council or by the Council pursuant to Article 7 of the Treaty on European Union solely at the request of the Member State concerned by a determination of the European Council or of the Council and in respect solely of the procedural stipulations contained in that Article.Such a request must be made within one month from the date of such determination. The Court shall rule within one month from the date of the request.”.221) In Article 236, the words “in the Staff Regulations or the Conditions of Employment” shall be replaced by “in the Staff Regulations of Officials and the Conditions of Employment of other servants of the Union”.222) In Article 237(d), at the beginning of the second sentence, the word “Governing” shall be inserted before “Council”.223) The following two new Articles 240a and 240b shall be inserted:”Article 240aThe Court of Justice of the European Union shall not have jurisdiction with respect to the provisions relating to the common foreign and security policy nor with respect to acts adopted on the basis of those provisions.However, the Court shall have jurisdiction to monitor compliance with Article 25b of the Treaty on European Union and to rule on proceedings, brought in accordance with the conditions laid down in the fourth paragraph of Article 230 of this Treaty, reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council on the basis of Chapter 2 of Title V of the Treaty on European Union.Article 240bIn exercising its powers regarding the provisions of Chapters 4 and 5 of Title IV of Part Three relating to the area of freedom, security and justice, the Court of Justice of the European Union shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law-enforcement services of a Member State or the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.”.224) Article 241 shall be replaced by the following:”Article 241Notwithstanding the expiry of the period laid down in Article 230, fifth paragraph, any party may, in proceedings in which an act of general application adopted by an institution, body, office or agency of the Union is at issue, plead the grounds specified in Article 230, second paragraph, in order to invoke before the Court of Justice of the European Union the inapplicability of that act.”.225) In Article 242, second sentence, the words “of Justice” after “Court” shall be deleted.226) In Article 245, the second paragraph shall be replaced by the following:”The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may amend the provisions of the Statute, with the exception of Title I and Article 64. The European Parliament and the Council shall act either at the request of the Court of Justice and after consultation of the Commission, or on a proposal from the Commission and after consultation of the Court of Justice.”.European Central Bank227) The following Section 4a and Article 245a shall be inserted:”SECTION 4aTHE EUROPEAN CENTRAL BANKArticle 245a1. The European Central Bank, together with the national central banks, shall constitute the European System of Central Banks (ESCB). The European Central Bank, together with the national central banks of the Member States whose currency is the euro, which constitute the Eurosystem, shall conduct the monetary policy of the Union.2. The ESCB shall be governed by the decision-making bodies of the European Central Bank. The primary objective of the ESCB shall be to maintain price stability. Without prejudice to that objective, it shall support the general economic policies in the Union in order to contribute to the achievement of the latter’s objectives.3. The European Central Bank shall have legal personality. It alone may authorise the issue of the euro. It shall be independent in the exercise of its powers and in the management of its finances. Union institutions, bodies, offices and agencies and the governments of the Member States shall respect that independence.4. The European Central Bank shall adopt such measures as are necessary to carry out its tasks in accordance with Articles 105 to 111a, with Article 115 C, and with the conditions laid down in the Statute of the ESCB and of the ECB. In accordance with these same Articles, those Member States whose currency is not the euro, and their central banks, shall retain their powers in monetary matters.5. Within the areas falling within its responsibilities, the European Central Bank shall be consulted on all proposed Union acts, and all proposals for regulation at national level, and may give an opinion.”.228) An Article 245b shall be inserted, with the wording of Article 112; it shall be amended as follows:(a) in paragraph 1, the words “of the Member States whose currency is the euro” shall be inserted at the end after “national central banks”;(b) in paragraph 2 the numbering (a) and (b) shall be deleted, the present point (a) shall become the first subparagraph and the three subparagraphs of the present point (b) shall respectively become the second, third and fourth subparagraphs of the paragraph; in the second subparagraph, the words “from among persons of recognised standing and professional experience in monetary or banking matters by common accord of the governments of the Member States at the level of Heads of State or Government,” shall be replaced by “by the European Council, acting by a qualified majority, from among persons of recognised standing and professional experience in monetary or banking matters,”.229) An Article 245c shall be inserted, with the wording of Article 113.Court of Auditors230) In Article 246, the word “Union’s” shall be inserted before “audit” and the following new paragraph shall be added as a second paragraph:”It shall consist of one national of each Member State. Its members shall be completely independent in the performance of their duties, in the Union’s general interest.”.231) Article 247 shall be amended as follows:(a) paragraph 1 and the first subparagraph of paragraph 4 shall be deleted. Paragraphs 2 to 9 shall be renumbered 1 to 8 respectively;(b) in paragraph 2, renumbered 1, the word “countries” shall be replaced by “States”;(c) in paragraph 4, renumbered 3, the word “they” shall be replaced by “the Members of the Court of Auditors”.232) In Article 248, the word “bodies” shall be replaced by “bodies, offices or agencies”, singular or plural as the case may be, except in the expression “national audit bodies” and except in the final sentence of the first subparagraph of Article 248(3).Legal acts of the Union233) The heading of Chapter 2 shall be replaced by the following “LEGAL ACTS OF THE UNION, ADOPTION PROCEDURES AND OTHER PROVISIONS”.234) A Section 1 shall be inserted above Article 249:”SECTION 1THE LEGAL ACTS OF THE UNION”.235) Article 249 shall be amended as follows:(a) the first paragraph shall be replaced by the following:”To exercise the Union’s competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.”;(b) the fourth paragraph shall be replaced by the following:”A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.”.236) The following new Articles 249 A to 249 D shall be inserted:”Article 249 A1. The ordinary legislative procedure shall consist in the joint adoption by the European Parliament and the Council of a regulation, directive or decision on a proposal from the Commission. This procedure is defined in Article 251.2. In the specific cases provided for by the Treaties, the adoption of a regulation, directive or decision by the European Parliament with the participation of the Council, or by the latter with the participation of the European Parliament, shall constitute a special legislative procedure.3. Legal acts adopted by legislative procedure shall constitute legislative acts.4. In the specific cases provided for by the Treaties, legislative acts may be adopted on the initiative of a group of Member States or of the European Parliament, on a recommendation from the European Central Bank or at the request of the Court of Justice or the European Investment Bank.Article 249 B1. A legislative act may delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act.The objectives, content, scope and duration of the delegation of power shall be explicitly defined in the legislative acts. The essential elements of an area shall be reserved for the legislative act and accordingly shall not be the subject of a delegation of power.2. Legislative acts shall explicitly lay down the conditions to which the delegation is subject; these conditions may be as follows:(a) the European Parliament or the Council may decide to revoke the delegation;(b) the delegated act may enter into force only if no objection has been expressed by the European Parliament or the Council within a period set by the legislative act.For the purposes of (a) and (b), the European Parliament shall act by a majority of its component members, and the Council by a qualified majority.3. The adjective “delegated” shall be inserted in the title of delegated acts.Article 249 C1. Member States shall adopt all measures of national law necessary to implement legally binding Union acts.2. Where uniform conditions for implementing legally binding Union acts are needed, those acts shall confer implementing powers on the Commission, or, in duly justified specific cases and in the cases provided for in Articles 11 and 13 of the Treaty on European Union, on the Council.3. For the purposes of paragraph 2, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall lay down in advance the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.4. The word “implementing” shall be inserted in the title of implementing acts.Article 249 DThe Council shall adopt recommendations. It shall act on a proposal from the Commission in all cases where the Treaties provide that it shall adopt acts on a proposal from the Commission. It shall act unanimously in those areas in which unanimity is required for the adoption of a Union act. The Commission, and the European Central Bank in the specific cases provided for in the Treaties, shall adopt recommendations.”.Procedures for the adoption of acts and other provisions237) A Section 2 “PROCEDURES FOR THE ADOPTION OF ACTS AND OTHER PROVISIONS” shall be inserted before Article 250.238) In Article 250, paragraph 1 shall be replaced by the following:”1. Where, pursuant to the Treaties, the Council acts on a proposal from the Commission, the Council may amend that proposal only by acting unanimously, except in the cases referred to in paragraphs 10 and 13 of Article 251, in Articles 268, 270a and 272 and in the second paragraph of Article 273.”.239) Article 251 shall be amended as follows:(a) in paragraph 1 the words “to this Article” shall be replaced by “to the ordinary legislative procedure”;(b) the second and third subparagraphs of paragraph 2, and paragraphs 3 to 7 shall be replaced by the following:”First reading3. The European Parliament shall adopt its position at first reading and communicate it to the Council.4. If the Council approves the European Parliament’s position, the act concerned shall be adopted in the wording which corresponds to the position of the European Parliament.5. If the Council does not approve the European Parliament’s position, it shall adopt its position at first reading and communicate it to the European Parliament.6. The Council shall inform the European Parliament fully of the reasons which led it to adopt its position at first reading. The Commission shall inform the European Parliament fully of its position.Second reading7. If, within three months of such communication, the European Parliament:(a) approves the Council’s position at first reading or has not taken a decision, the act concerned shall be deemed to have been adopted in the wording which corresponds to the position of the Council;(b) rejects, by a majority of its component members, the Council’s position at first reading, the proposed act shall be deemed not to have been adopted;(c) proposes, by a majority of its component members, amendments to the Council’s position at first reading, the text thus amended shall be forwarded to the Council and to the Commission, which shall deliver an opinion on those amendments.8. If, within three months of receiving the European Parliament’s amendments, the Council, acting by a qualified majority:(a) approves all those amendments, the act in question shall be deemed to have been adopted;(b) does not approve all the amendments, the President of the Council, in agreement with the President of the European Parliament, shall within six weeks convene a meeting of the Conciliation Committee.9. The Council shall act unanimously on the amendments on which the Commission has delivered a negative opinion.Conciliation10. The Conciliation Committee, which shall be composed of the members of the Council or their representatives and an equal number of members representing the European Parliament, shall have the task of reaching agreement on a joint text, by a qualified majority of the members of the Council or their representatives and by a majority of the members representing the European Parliament within six weeks of its being convened, on the basis of the positions of the European Parliament and the Council at second reading.11. The Commission shall take part in the Conciliation Committee’s proceedings and shall take all necessary initiatives with a view to reconciling the positions of the European Parliament and the Council.12. If, within six weeks of its being convened, the Conciliation Committee does not approve the joint text, the proposed act shall be deemed not to have been adopted.Third reading13. If, within that period, the Conciliation Committee approves a joint text, the European Parliament, acting by a majority of the votes cast, and the Council, acting by a qualified majority, shall each have a period of six weeks from that approval in which to adopt the act in question in accordance with the joint text. If they fail to do so, the proposed act shall be deemed not to have been adopted.14. The periods of three months and six weeks referred to in this Article shall be extended by a maximum of one month and two weeks respectively at the initiative of the European Parliament or the Council.Special provisions15. Where, in the cases provided for in the Treaties, a legislative act is submitted to the ordinary legislative procedure on the initiative of a group of Member States, on a recommendation by the European Central Bank, or at the request of the Court of Justice, paragraph 2, the second sentence of paragraph 6, and paragraph 9 shall not apply.In such cases, the European Parliament and the Council shall communicate the proposed act to the Commission with their positions at first and second readings. The European Parliament or the Council may request the opinion of the Commission throughout the procedure, which the Commission may also deliver on its own initiative. It may also, if it deems it necessary, take part in the Conciliation Committee in accordance with paragraph 11.”.240) Article 252 shall be repealed. The following new Article 252a shall be inserted:”Article 252aThe European Parliament, the Council and the Commission shall consult each other and by common agreement make arrangements for their cooperation. To that end, they may, in compliance with the Treaties, conclude interinstitutional agreements which may be of a binding nature.”.241) Article 253 shall be replaced by the following:”Article 253Where the Treaties do not specify the type of act to be adopted, the institutions shall select it on a case-by-case basis, in compliance with the applicable procedures and with the principle of proportionality.Legal acts shall state the reasons on which they are based and shall refer to any proposals, initiatives, recommendations, requests or opinions required by the Treaties.When considering draft legislative acts, the European Parliament and the Council shall refrain from adopting acts not provided for by the relevant legislative procedure in the area in question.”.242) Article 254 shall be replaced by the following:”Article 2541. Legislative acts adopted under the ordinary legislative procedure shall be signed by the President of the European Parliament and by the President of the Council.Legislative acts adopted under a special legislative procedure shall be signed by the President of the institution which adopted them.Legislative acts shall be published in the Official Journal of the European Union. They shall enter into force on the date specified in them or, in the absence thereof, on the twentieth day following that of their publication.2. Non-legislative acts adopted in the form of regulations, directives or decisions, when the latter do not specify to whom they are addressed, shall be signed by the President of the institution which adopted them.Regulations and directives which are addressed to all Member States, as well as decisions which do not specify to whom they are addressed, shall be published in the Official Journal of the European Union. They shall enter into force on the date specified in them or, in the absence thereof, on the twentieth day following that of their publication.Other directives, and decisions which specify to whom they are addressed, shall be notified to those to whom they are addressed and shall take effect upon such notification.”.243) The following new Article 254a shall be inserted:”Article 254a1. In carrying out their missions, the institutions, bodies, offices and agencies of the Union shall have the support of an open, efficient and independent European administration.2. In compliance with the Staff Regulations and the Conditions of Employment adopted on the basis of Article 283, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish provisions to that end.”.244) Article 255 shall become Article 16 A; it shall be amended as set out above in point 28.245) In Article 256, first paragraph, the words “Decisions of the Council or of the Commission which impose” shall be replaced by “Acts of the Council, the Commission or the European Central Bank which impose”.Advisory bodies246) The following new Chapter 3 and Article 256a shall be inserted; Chapters 3 and 4 shall become Section 1 and Section 2 respectively and Chapter 5 shall be renumbered 4:”CHAPTER 3THE UNION’S ADVISORY BODIESArticle 256a1. The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions, exercising advisory functions.2. The Economic and Social Committee shall consist of representatives of organisations of employers, of the employed, and of other parties representative of civil society, notably in socio-economic, civic, professional and cultural areas.3. The Committee of the Regions shall consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.4. The members of the Economic and Social Committee and of the Committee of the Regions shall not be bound by any mandatory instructions. They shall be completely independent in the performance of their duties, in the Union’s general interest.5. The rules referred to in paragraphs 2 and 3 governing the nature of the composition of the Committees shall be reviewed at regular intervals by the Council to take account of economic, social and demographic developments within the Union. The Council, on a proposal from the Commission, shall adopt decisions to that end.”.Economic and Social Committee247) Articles 257 and 261 shall be repealed.248) In Article 258, the second and third paragraphs shall be replaced by the following paragraph:”The Council, acting unanimously on a proposal from the Commission, shall adopt a decision determining the Committee’s composition.”.249) Article 259 shall be amended as follows:(a) in paragraph 1, the first sentence shall be replaced by the following sentence: “The members of the Committee shall be appointed for five years.”;(b) paragraph 2 shall be replaced by the following:”2. The Council shall act after consulting the Commission. It may obtain the opinion of European bodies which are representative of the various economic and social sectors and of civil society to which the Union’s activities are of concern.”.250) In Article 260, in the first paragraph, the words “two years” shall be replaced by “two and a half years” and in the third paragraph, the words “of the European Parliament,” shall be inserted before “of the Council”.251) Article 262 shall be amended as follows:(a) a reference to the European Parliament shall be inserted before the reference to the Council in the first, second and third paragraphs;(b) in the first paragraph, the word “must” shall be replaced by “shall”;(c) in the third paragraph, the words “and that of the specialised section” shall be deleted.(d) the fourth paragraph shall be deleted.Committee of the Regions252) Article 263 shall be amended as follows:(a) the first paragraph shall be deleted;(b) the third paragraph, which shall become the second, shall be replaced by the following:”The Council, acting unanimously on a proposal from the Commission, shall adopt a decision determining the Committee’s composition.”;(c) in the fourth paragraph, which shall become the third, in the first sentence, the words “on proposals from the respective Member States” shall be deleted and the figure “four” shall be replaced by “five”; in the fourth sentence, the words “the first paragraph” shall be replaced by the words “Article 256a(3),”;(d) the last paragraph shall be deleted.253) In Article 264, first paragraph, the words “two years” shall be replaced by “two and a half years” and in the third paragraph, the words “of the European Parliament,” shall be inserted before “of the Council”.254) Article 265 shall be amended as follows:(a) a reference to the European Parliament shall be inserted before the reference to the Council in the first, second, third and last paragraphs;(b) in the first paragraph, the word “two” shall be deleted;(c) the fourth paragraph shall be deleted ;European Investment Bank255) In Article 266, third paragraph, the words “at the request of the Commission” shall be replaced by “on a proposal from the Commission” and the words “in accordance with a special legislative procedure” shall be inserted after “unanimously” and the words “Articles 4, 11, and 12 and Article 18(5) of” shall be deleted.256) In Article 267(b), the word “progressive” shall be deleted and the words “or functioning” shall be inserted after “establishment”.Financial provisions257) Article 268 shall be amended as follows:(a) in the first paragraph, the words “, including those relating to the European Social Fund,” shall be deleted and the three paragraphs shall become paragraph 1;(b) the second subparagraph shall be replaced by the following:”The Union’s annual budget shall be established by the European Parliament and the Council in accordance with Article 272.”;(c) the following new paragraphs 2 to 6 shall be added:”2. The expenditure shown in the budget shall be authorised for the annual budgetary period in accordance with the regulation referred to in Article 279.3. The implementation of expenditure shown in the budget shall require the prior adoption of a legally binding Union act providing a legal basis for its action and for the implementation of the corresponding expenditure in accordance with the regulation referred to in Article 279, except in cases for which that law provides.4. With a view to maintaining budgetary discipline, the Union shall not adopt any act which is likely to have appreciable implications for the budget without providing an assurance that the expenditure arising from such an act is capable of being financed within the limit of the Union’s own resources and in compliance with the multiannual financial framework referred to in Article 270a.5. The budget shall be implemented in accordance with the principle of sound financial management. Member States shall cooperate with the Union to ensure that the appropriations entered in the budget are used in accordance with this principle.6. The Union and the Member States, in accordance with Article 280, shall counter fraud and any other illegal activities affecting the financial interests of the Union.”.The Union’s own resources258) A Chapter 1 “THE UNION’S OWN RESOURCES” shall be inserted before Article 269.259) Article 269 shall be amended as follows:(a) the following new first paragraph shall be inserted:”The Union shall provide itself with the means necessary to attain its objectives and carry through its policies.”;(b) the last paragraph shall be replaced by the following two paragraphs:”The Council, acting in accordance with a special legislative procedure, shall unanimously and after consulting the European Parliament adopt a decision laying down the provisions relating to the system of own resources of the Union. In this context it may establish new categories of own resources or abolish an existing category. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.The Council, acting by means of regulations in accordance with a special legislative procedure, shall lay down implementing measures for the Union’s own resources system insofar as this is provided for in the decision adopted on the basis of the third paragraph. The Council shall act after obtaining the consent of the European Parliament.”.260) Article 270 shall be repealed.Multiannual financial framework261) The following new Chapter 2 and new Article 270a shall be inserted:”CHAPTER 2THE MULTIANNUAL FINANCIAL FRAMEWORKArticle 270a1. The multiannual financial framework shall ensure that Union expenditure develops in an orderly manner and within the limits of its own resources.It shall be established for a period of at least five years.The annual budget of the Union shall comply with the multiannual financial framework.2. The Council, acting in accordance with a special legislative procedure, shall adopt a regulation laying down the multiannual financial framework. The Council shall act unanimously after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.The European Council may, unanimously, adopt a decision authorising the Council to act by a qualified majority when adopting the regulation referred to in the first paragraph.3. The financial framework shall determine the amounts of the annual ceilings on commitment appropriations by category of expenditure and of the annual ceiling on payment appropriations. The categories of expenditure, limited in number, shall correspond to the Union’s major sectors of activity.The financial framework shall lay down any other provisions required for the annual budgetary procedure to run smoothly.4. Where no Council regulation determining a new financial framework has been adopted by the end of the previous financial framework, the ceilings and other provisions corresponding to the last year of that framework shall be extended until such time as that act is adopted.5. Throughout the procedure leading to the adoption of the financial framework, the European Parliament, the Council and the Commission shall take any measure necessary to facilitate its adoption.”.The Union’s annual budget262) A Chapter 3 “THE UNION’S ANNUAL BUDGET” shall be inserted after Article 270a.263) An Article 270b shall be inserted, with the wording of Article 272(1).264) Article 271 shall become the new Article 273a; it shall be amended as set out below in point 267.265) Article 272(1) shall become Article 270b and paragraphs 2 to 10 of Article 272 shall be replaced by the following:”Article 272The European Parliament and the Council, acting in accordance with a special legislative procedure, shall establish the Union’s annual budget in accordance with the following provisions.1. With the exception of the European Central Bank, each institution shall, before 1 July, draw up estimates of its expenditure for the following financial year. The Commission shall consolidate these estimates in a draft budget which may contain different estimates.The draft budget shall contain an estimate of revenue and an estimate of expenditure.2. The Commission shall submit a proposal containing the draft budget to the European Parliament and to the Council not later than 1 September of the year preceding that in which the budget is to be implemented.The Commission may amend the draft budget during the procedure until such time as the Conciliation Committee, referred to in paragraph 5, is convened.3. The Council shall adopt its position on the draft budget and forward it to the European Parliament not later than 1 October of the year preceding that in which the budget is to be implemented. The Council shall inform the European Parliament in full of the reasons which led it to adopt its position.4. If, within forty-two days of such communication, the European Parliament:(a) approves the position of the Council, the budget shall be adopted;(b) has not taken a decision, the budget shall be deemed to have been adopted;(c) adopts amendments by a majority of its component members, the amended draft shall be forwarded to the Council and to the Commission. The President of the European Parliament, in agreement with the President of the Council, shall immediately convene a meeting of the Conciliation Committee. However, if within ten days of the draft being forwarded the Council informs the European Parliament that it has approved all its amendments, the Conciliation Committee shall not meet.5. The Conciliation Committee, which shall be composed of the members of the Council or their representatives and an equal number of members representing the European Parliament, shall have the task of reaching agreement on a joint text, by a qualified majority of the members of the Council or their representatives and by a majority of the representatives of the European Parliament within twenty-one days of its being convened, on the basis of the positions of the European Parliament and the Council.The Commission shall take part in the Conciliation Committee’s proceedings and shall take all the necessary initiatives with a view to reconciling the positions of the European Parliament and the Council.6. If, within the twenty-one days referred to in paragraph 5, the Conciliation Committee agrees on a joint text, the European Parliament and the Council shall each have a period of fourteen days from the date of that agreement in which to approve the joint text.7. If, within the period of fourteen days referred to in paragraph 6:(a) the European Parliament and the Council both approve the joint text or fail to take a decision, or if one of these institutions approves the joint text while the other one fails to take a decision, the budget shall be deemed to be definitively adopted in accordance with the joint text; or(b) the European Parliament, acting by a majority of its component members, and the Council both reject the joint text, or if one of these institutions rejects the joint text while the other one fails to take a decision, a new draft budget shall be submitted by the Commission; or(c) the European Parliament, acting by a majority of its component members, rejects the joint text while the Council approves it, a new draft budget shall be submitted by the Commission; or(d) the European Parliament approves the joint text whilst the Council rejects it, the European Parliament may, within fourteen days from the date of the rejection by the Council and acting by a majority of its component members and three-fifths of the votes cast, decide to confirm all or some of the amendments referred to in paragraph 4(c). Where a European Parliament amendment is not confirmed, the position agreed in the Conciliation Committee on the budget heading which is the subject of the amendment shall be retained. The budget shall be deemed to be definitively adopted on this basis.8. If, within the twenty-one days referred to in paragraph 5, the Conciliation Committee does not agree on a joint text, a new draft budget shall be submitted by the Commission.9. When the procedure provided for in this Article has been completed, the President of the European Parliament shall declare that the budget has been definitively adopted.10. Each institution shall exercise the powers conferred upon it under this Article in compliance with the Treaties and the acts adopted thereunder, with particular regard to the Union’s own resources and the balance between revenue and expenditure.”.266) Article 273 shall be amended as follows:(a) in the first paragraph, the word “voted” shall be replaced by “definitively adopted”, the words “or other subdivision” shall be deleted and, at the end of the sentence, the words “this arrangement shall not, however, have the effect of placing at the disposal of the Commission appropriations in excess of one twelfth of those provided for in the draft budget in course of preparation” shall be replaced by “that sum shall not, however, exceed one twelfth of the appropriations provided for in the same chapter of the draft budget.”;(b) in the second paragraph, the words “on a proposal from the Commission,” shall be inserted after “The Council” and the following shall be added at the end: “in accordance with the regulations made pursuant to Article 279. The Council shall forward the decision immediately to the European Parliament.”;(c) the third paragraph shall be deleted;(d) the last paragraph shall be replaced by the following:”The decision referred to in the second paragraph shall lay down the necessary measures relating to resources to ensure application of this Article, in accordance with the acts referred to in Article 269.It shall enter into force thirty days following its adoption if the European Parliament, acting by a majority of its component members, has not decided to reduce this expenditure within that time-limit.”.267) An Article 273a shall be inserted, with the wording of Article 271; it shall be amended as follows:(a) the first paragraph shall be deleted;(b) In the third paragraph, which has become the second, the words “as far as may be necessary” shall be deleted;(c) in the last paragraph, the words “the Council, the Commission and the Court of Justice” shall be replaced by “the European Council and the Council, the Commission and the Court of Justice of the European Union”.Implementation of the budget and discharge268) A Chapter 4 “IMPLEMENTATION OF THE BUDGET AND DISCHARGE”, shall be inserted before Article 274, which shall be amended as follows:(a) in the first paragraph, the words at the beginning “The Commission shall implement the budget” shall be replaced by “The Commission shall implement the budget in cooperation with the Member States”;(b) the second paragraph shall be replaced by the following:”The regulations shall lay down the control and audit obligations of the Member States in the implementation of the budget and the resulting responsibilities. They shall also lay down the responsibilities and detailed rules for each institution concerning its part in effecting its own expenditure.”.269) In Article 275 the order of the Council and the European Parliament shall be reversed. The following new second paragraph shall be added:”The Commission shall also submit to the European Parliament and to the Council an evaluation report on the Union’s finances based on the results achieved, in particular in relation to the indications given by the European Parliament and the Council pursuant to Article 276″.270) In Article 276(1), the words “the accounts and the financial statement referred to in Article 275″ shall be replaced by “the accounts, the financial statement and the evaluation report referred to in Article 275.”.Common financial provisions271) A Chapter 5 “COMMON PROVISIONS” shall be inserted before Article 277.272) Article 277 shall be replaced by the following:”Article 277The multiannual financial framework and the annual budget shall be drawn up in euro.”.273) Article 279 shall be amended as follows:(a) paragraph 1 shall be replaced by the following:”1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, and after consulting the Court of Auditors, shall adopt by means of regulations:(a) the financial rules which determine in particular the procedure to be adopted for establishing and implementing the budget and for presenting and auditing accounts;(b) rules providing for checks on the responsibility of financial actors, in particular authorising officers and accounting officers.”;(b) in paragraph 2, the word “unanimously” and the words “obtaining the opinion of” shall be deleted.274) The following new Articles 279a and 279b shall be inserted:”Article 279aThe European Parliament, the Council and the Commission shall ensure that the financial means are made available to allow the Union to fulfil its legal obligations in respect of third parties.Article 279bRegular meetings between the Presidents of the European Parliament, the Council and the Commission shall be convened, on the initiative of the Commission, under the budgetary procedures referred to in this Chapter. The Presidents shall take all the necessary steps to promote consultation and the reconciliation of the positions of the institutions over which they preside in order to facilitate the implementation of this Title.”.Combating fraud275) A Chapter 6 “COMBATING FRAUD” shall be inserted before Article 280.276) Article 280 shall be amended as follows:(a) the following words shall be added at the end of paragraph 1: “, and in all the Union’s institutions, bodies, offices and agencies.”;(b) in paragraph 4, the following words: “and in all the Union’s institutions, bodies, offices and agencies” shall be inserted after the words: “in the Member States”, and the last sentence shall be deleted.Enhanced cooperation277) A Title III “ENHANCED COOPERATION” shall be inserted after Article 280.278) The following new Articles 280 A to 280 I shall be inserted, which, with Article 10 of the Treaty on European Union, shall replace the current Articles 27a to 27e, Articles 40 to 40b and Articles 43 to 45 of the Treaty on European Union and Articles 11 and 11a of the Treaty establishing the European Community:”Article 280 AAny enhanced cooperation shall comply with the Treaties and the law of the Union.Such cooperation shall not undermine the internal market or economic, social and territorial cohesion. It shall not constitute a barrier to or discrimination in trade between Member States, nor shall it distort competition between them.Article 280 BAny enhanced cooperation shall respect the competences, rights and obligations of those Member States which do not participate in it. Those Member States shall not impede its implementation by the participating Member States.Article 280 C1. When enhanced cooperation is being established, it shall be open to all Member States, subject to compliance with any conditions of participation laid down by the authorising decision. It shall also be open to them at any other time, subject to compliance with the acts already adopted within that framework, in addition to those conditions.The Commission and the Member States participating in enhanced cooperation shall ensure that they promote participation by as many Member States as possible.2. The Commission and, where appropriate, the High Representative of the Union for Foreign Affairs and Security Policy shall keep the European Parliament and the Council regularly informed regarding developments in enhanced cooperation.Article 280 D1. Member States which wish to establish enhanced cooperation between themselves in one of the areas covered by the Treaties, with the exception of fields of exclusive competence and the common foreign and security policy, shall address a request to the Commission, specifying the scope and objectives of the enhanced cooperation proposed. The Commission may submit a proposal to the Council to that effect. In the event of the Commission not submitting a proposal, it shall inform the Member States concerned of the reasons for not doing so.Authorisation to proceed with the enhanced cooperation referred to in the first subparagraph shall be granted by the Council, on a proposal from the Commission and after obtaining the consent of the European Parliament.2. The request of the Member States which wish to establish enhanced cooperation between themselves within the framework of the common foreign and security policy shall be addressed to the Council. It shall be forwarded to the High Representative of the Union for Foreign Affairs and Security Policy, who shall give an opinion on whether the enhanced cooperation proposed is consistent with the Union’s common foreign and security policy, and to the Commission, which shall give its opinion in particular on whether the enhanced cooperation proposed is consistent with other Union policies. It shall also be forwarded to the European Parliament for information.Authorisation to proceed with enhanced cooperation shall be granted by a decision of the Council acting unanimously.Article 280 EAll members of the Council may participate in its deliberations, but only members of the Council representing the Member States participating in enhanced cooperation shall take part in the vote.Unanimity shall be constituted by the votes of the representatives of the participating Member States only.A qualified majority shall be defined in accordance with Article 205(3).Article 280 F1. Any Member State which wishes to participate in enhanced cooperation in progress in one of the areas referred to in Article 280 D(1) shall notify its intention to the Council and the Commission.The Commission shall, within four months of the date of receipt of the notification, confirm the participation of the Member State concerned. It shall note where necessary that the conditions of participation have been fulfilled and shall adopt any transitional measures necessary with regard to the application of the acts already adopted within the framework of enhanced cooperation.However, if the Commission considers that the conditions of participation have not been fulfilled, it shall indicate the arrangements to be adopted to fulfil those conditions and shall set a deadline for re-examining the request. On the expiry of that deadline, it shall re-examine the request, in accordance with the procedure set out in the second subparagraph. If the Commission considers that the conditions of participation have still not been met, the Member State concerned may refer the matter to the Council, which shall decide on the request. The Council shall act in accordance with Article 280 E. It may also adopt the transitional measures referred to in the second subparagraph on a proposal from the Commission.2. Any Member State which wishes to participate in enhanced cooperation in progress in the framework of the common foreign and security policy shall notify its intention to the Council, the High Representative of the Union for Foreign Affairs and Security Policy and the Commission.The Council shall confirm the participation of the Member State concerned, after consulting the High Representative of the Union for Foreign Affairs and Security Policy and after noting, where necessary, that the conditions of participation have been fulfilled. The Council, on a proposal from the High Representative, may also adopt any transitional measures necessary with regard to the application of the acts already adopted within the framework of enhanced cooperation. However, if the Council considers that the conditions of participation have not been fulfilled, it shall indicate the arrangements to be adopted to fulfil those conditions and shall set a deadline for re-examining the request for participation.For the purposes of this paragraph, the Council shall act unanimously and in accordance with Article 280 E.Article 280 GExpenditure resulting from implementation of enhanced cooperation, other than administrative costs entailed for the institutions, shall be borne by the participating Member States, unless all members of the Council, acting unanimously after consulting the European Parliament, decide otherwise.Article 280 H1. Where a provision of the Treaties which may be applied in the context of enhanced cooperation stipulates that the Council shall act unanimously, the Council, acting unanimously in accordance with the arrangements laid down in Article 280 E, may adopt a decision stipulating that it will act by a qualified majority.2. Where a provision of the Treaties which may be applied in the context of enhanced cooperation stipulates that the Council shall adopt acts under a special legislative procedure, the Council, acting unanimously in accordance with the arrangements laid down in Article 280 E, may adopt a decision stipulating that it will act under the ordinary legislative procedure. The Council shall act after consulting the European Parliament.3. Paragraphs 1 and 2 shall not apply to decisions having military or defence implications.Article 280 IThe Council and the Commission shall ensure the consistency of activities undertaken in the context of enhanced cooperation and the consistency of such activities with the policies of the Union, and shall cooperate to that end.”.General and final provisions279) Part Six shall be renumbered “PART SEVEN”.280) Articles 281, 293, 305 and 314 shall be repealed. Article 286 shall be replaced by Article 16 B.281) In Article 282, the following sentence shall be added at the end: “However, the Union shall be represented by each of the institutions, by virtue of their administrative autonomy, in matters relating to their respective operation.”.282) At the beginning of Article 283, the words “The Council shall, acting by a qualified majority on a proposal from the Commission and after consulting” shall be replaced by “The European Parliament and the Council shall, acting by means of regulations in accordance with the ordinary legislative procedure on a proposal from the Commission and after consulting” and at the end the words “servants of those Communities” shall be replaced by the words “servants of the Union”.283) In Article 288, the third paragraph shall be replaced by the following:”Notwithstanding the second paragraph, the European Central Bank shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or by its servants in the performance of their duties.”.284) In Article 290, the words “by means of regulations” shall be added at the end.285) In Article 291, the words “, the European Monetary Institute” shall be deleted.286) Article 294 shall become Article 48a.287) Article 299 shall be amended as follows:(a) paragraph 1 shall be deleted. The first subparagraph of paragraph 2 and paragraphs 3 to 6 shall become Article 311a; they shall be amended as set out below in point 293.Paragraph 2 shall not be numbered;(b) at the beginning of the first paragraph, the word “However,” shall be deleted and the words “the French overseas departments” shall be replaced by “Guadeloupe, French Guiana, Martinique, Réunion, Saint‑Barthélemy, Saint‑Martin”; the following sentence shall be added at the end of the paragraph: “Where the specific measures in question are adopted by the Council in accordance with a special legislative procedure, it shall also act on a proposal from the Commission and after consulting the European Parliament.”;(c) at the beginning of the second paragraph, the words “The Council shall, when adopting the relevant measures referred to in the second subparagraph, take into account areas such as” shall be replaced by “The measures referred to in the first paragraph concern in particular areas such as”;(d) at the beginning of the third paragraph, the reference to the second subparagraph shall be replaced by a reference to the first paragraph.288) Articles 300 and 301 shall be replaced by Articles 188 N and 188 K respectively and Articles 302 to 304 shall be replaced by Article 188 P.289) Article 308 shall be replaced by the following:”Article 3081. If action by the Union should prove necessary, within the framework of the policies defined in the Treaties, to attain one of the objectives set out in the Treaties, and the Treaties have not provided the necessary powers, the Council, acting unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament, shall adopt the appropriate measures. Where the measures in question are adopted by the Council in accordance with a special legislative procedure, it shall also act unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament.2. Using the procedure for monitoring the subsidiarity principle referred to in Article 3b(3) of the Treaty on European Union, the Commission shall draw national Parliaments’ attention to proposals based on this Article.3. Measures based on this Article shall not entail harmonisation of Member States’ laws or regulations in cases where the Treaties exclude such harmonisation.4. This Article cannot serve as a basis for attaining objectives pertaining to the common foreign and security policy and any acts adopted pursuant to this Article shall respect the limits set out in Article 25b, second paragraph, of the Treaty on European Union.”.290) The following new Article 308a shall be inserted:”Article 308aArticle 48(7) of the Treaty on European Union shall not apply to the following Articles:- Article 269, third and fourth paragraphs,- Article 270a(2), first subparagraph,- Article 308, and- Article 309.”.291) Article 309 shall be replaced by the following:”Article 309For the purposes of Article 7 of the Treaty on European Union on the suspension of certain rights resulting from Union membership, the member of the European Council or of the Council representing the Member State in question shall not take part in the vote and the Member State in question shall not be counted in the calculation of the one third or four fifths of Member States referred to in paragraphs 1 and 2 of that Article. Abstentions by members present in person or represented shall not prevent the adoption of decisions referred to in paragraph 2 of that Article.For the adoption of the decisions referred to in paragraphs 3 and 4 of Article 7 of the Treaty on European Union, a qualified majority shall be defined in accordance with Article 205(3)(b) of this Treaty.Where, following a decision to suspend voting rights adopted pursuant to paragraph 3 of Article 7 of the Treaty on European Union, the Council acts by a qualified majority on the basis of a provision of the Treaties, that qualified majority shall be defined in accordance with Article 205(3)(b) of this Treaty, or, where the Council acts on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, in accordance with Article 205(3)(a).For the purposes of Article 7 of the Treaty on European Union, the European Parliament shall act by a two-thirds majority of the votes cast, representing the majority of its component members.”.292) Article 310 shall become Article 188 M.293) Article 311 shall be repealed. A new Article 311a shall be inserted, with the wording of Article 299(2), first subparagraph, and Article 299(3) to (6); the text shall be amended as follows:(a) the first subparagraph of paragraph 2 and paragraphs 3 to 6 shall be renumbered 1 to 5 and the following new introductory wording shall be inserted at the beginning of the Article:”In addition to the provisions of Article 49 C of the Treaty on European Union relating to the territorial scope of the Treaties, the following provisions shall apply:”;(b) at the beginning of the first subparagraph of paragraph 2, renumbered 1, the words “the French overseas departments, ” shall be replaced by “Guadeloupe, French Guiana, Martinique, Réunion, Saint‑Barthélemy, Saint‑Martin” and the words “in accordance with Article 299″ shall be added at the end;(c) in paragraph 3, renumbered 2, the words “of this Treaty” shall be deleted;(d) in paragraph 6, renumbered 5, the introductory words “Notwithstanding the preceding paragraphs:” shall be replaced by “Notwithstanding Article 49 C of the Treaty on European Union and paragraphs 1 to 4 of this Article:”;(e) the following new paragraph shall be added at the end of the Article:”6. The European Council may, on the initiative of the Member State concerned, adopt a decision amending the status, with regard to the Union, of a Danish, French or Netherlands country or territory referred to in paragraphs 1 and 2. The European Council shall act unanimously after consulting the Commission.”.294) The heading “FINAL PROVISIONS” before Article 313 shall be deleted.295) The following Article 313a shall be inserted:”Article 313aThe provisions of Article 53 of the Treaty on European Union shall apply to this Treaty.”. FINAL PROVISIONSArticle 3This Treaty is concluded for an unlimited period.Article 41. Protocol No 1 annexed to this Treaty contains the amendments to the Protocols annexed to the Treaty on European Union, to the Treaty establishing the European Community and/or to the Treaty establishing the European Atomic Energy Community.2. Protocol No 2 annexed to this Treaty contains the amendments to the Treaty establishing the European Atomic Energy Community.Article 51. The articles, sections, chapters, titles and parts of the Treaty on European Union and of the Treaty establishing the European Community, as amended by this Treaty, shall be renumbered in accordance with the tables of equivalences set out in the Annex to this Treaty, and which form an integral part of this Treaty.2. The cross‑references to the articles, sections, chapters, titles and parts of the Treaty on European Union and of the Treaty on the Functioning of the European Union, as well as between them, shall be adapted pursuant to paragraph 1 and the references to paragraphs of the said articles as renumbered or re-ordered by the provisions of this Treaty shall be adapted in accordance with those provisions.References to the articles, sections, chapters, titles and parts of the Treaty on European Union and of the Treaty establishing the European Community contained in the other treaties and acts of primary legislation on which the Union is founded shall be adapted pursuant to paragraph 1 of this Article. References to recitals of the Treaty on European Union or to paragraphs or articles of the Treaty on European Union or of the Treaty establishing the European Community as renumbered or re-arranged by the provisions of this Treaty shall be adapted pursuant to this latter.Such adaptations shall, where necessary, also apply in the event that the provision in question has been repealed.3. The references to the recitals, articles, sections, chapters, titles and parts of the Treaty on European Union and of the Treaty establishing the European Community, as amended by this Treaty, contained in other instruments or acts shall be understood as referring to the recitals, articles, sections, chapters, titles and parts of those Treaties as renumbered pursuant to paragraph 1 and, respectively, to the paragraphs of the said articles, as renumbered or re-arranged by certain provisions of this Treaty.Article 61. This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.2. This Treaty shall enter into force on 1 January 2009, provided that all the instruments of ratification have been deposited, or, failing that, on the first day of the month following the deposit of the instrument of ratification by the last signatory State to take this step.Article 7This Treaty, referred to as the Treaty of Lisbon, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, the texts in each of these languages being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which will transmit a certified copy to each of the governments of the other signatory States.IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.PROTOCOLSA. PROTOCOLS TO BE ANNEXED TO THE TREATY ON EUROPEAN UNION, TO THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION AND, WHERE APPLICABLE, TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITYPROTOCOLON THE ROLE OF NATIONAL PARLIAMENTSIN THE EUROPEAN UNIONTHE HIGH CONTRACTING PARTIES,RECALLING that the way in which national Parliaments scrutinise their governments in relation to the activities of the European Union is a matter for the particular constitutional organisation and practice of each Member State;DESIRING to encourage greater involvement of national Parliaments in the activities of the European Union and to enhance their ability to express their views on draft legislative acts of the European Union as well as on other matters which may be of particular interest to them,HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community:TITLE IINFORMATION FOR NATIONAL PARLIAMENTSArticle 1Commission consultation documents (green and white papers and communications) shall be forwarded directly by the Commission to national Parliaments upon publication. The Commission shall also forward the annual legislative programme as well as any other instrument of legislative planning or policy to national Parliaments, at the same time as to the European Parliament and the Council.Article 2Draft legislative acts sent to the European Parliament and to the Council shall be forwarded to national Parliaments.For the purposes of this Protocol, “draft legislative acts” shall mean proposals from the Commission, initiatives from a group of Member States, initiatives from the European Parliament, requests from the Court of Justice, recommendations from the European Central Bank and requests from the European Investment Bank for the adoption of a legislative act.Draft legislative acts originating from the Commission shall be forwarded to national Parliaments directly by the Commission, at the same time as to the European Parliament and the Council.Draft legislative acts originating from the European Parliament shall be forwarded to national Parliaments directly by the European Parliament.Draft legislative acts originating from a group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank shall be forwarded to national Parliaments by the Council.Article 3National Parliaments may send to the Presidents of the European Parliament, the Council and the Commission a reasoned opinion on whether a draft legislative act complies with the principle of subsidiarity, in accordance with the procedure laid down in the Protocol on the application of the principles of subsidiarity and proportionality.If the draft legislative act originates from a group of Member States, the President of the Council shall forward the reasoned opinion or opinions to the governments of those Member States.If the draft legislative act originates from the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the reasoned opinion or opinions to the institution or body concerned.Article 4An eight-week period shall elapse between a draft legislative act being made available to national Parliaments in the official languages of the Union and the date when it is placed on a provisional agenda for the Council for its adoption or for adoption of a position under a legislative procedure. Exceptions shall be possible in cases of urgency, the reasons for which shall be stated in the act or position of the Council. Save in urgent cases for which due reasons have been given, no agreement may be reached on a draft legislative act during those eight weeks. Save in urgent cases for which due reasons have been given, a ten-day period shall elapse between the placing of a draft legislative act on the provisional agenda for the Council and the adoption of a position.Article 5The agendas for and the outcome of meetings of the Council, including the minutes of meetings where the Council is deliberating on draft legislative acts, shall be forwarded directly to national Parliaments, at the same time as to Member States’ governments.Article 6When the European Council intends to make use of the first or second subparagraphs of Article 48(7) of the Treaty on European Union, national Parliaments shall be informed of the initiative of the European Council at least six months before any decision is adopted.Article 7The Court of Auditors shall forward its annual report to national Parliaments, for information, at the same time as to the European Parliament and to the Council.Article 8Where the national Parliamentary system is not unicameral, Articles 1 to 7 shall apply to the component chambers.TITLE IIINTERPARLIAMENTARY COOPERATIONArticle 9The European Parliament and national Parliaments shall together determine the organisation and promotion of effective and regular interparliamentary cooperation within the Union.Article 10A conference of Parliamentary Committees for Union Affairs may submit any contribution it deems appropriate for the attention of the European Parliament, the Council and the Commission. That conference shall in addition promote the exchange of information and best practice between national Parliaments and the European Parliament, including their special committees. It may also organise interparliamentary conferences on specific topics, in particular to debate matters of common foreign and security policy, including common security and defence policy. Contributions from the conference shall not bind national Parliaments and shall not prejudge their positions.PROTOCOLON THE APPLICATION OF THE PRINCIPLESOF SUBSIDIARITY AND PROPORTIONALITYTHE HIGH CONTRACTING PARTIES,WISHING to ensure that decisions are taken as closely as possible to the citizens of the Union,RESOLVED to establish the conditions for the application of the principles of subsidiarity and proportionality, as laid down in Article 3b of the Treaty on European Union, and to establish a system for monitoring the application of those principles,HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:Article 1Each institution shall ensure constant respect for the principles of subsidiarity and proportionality, as laid down in Article 3b of the Treaty on European Union.Article 2Before proposing legislative acts, the Commission shall consult widely. Such consultations shall, where appropriate, take into account the regional and local dimension of the action envisaged. In cases of exceptional urgency, the Commission shall not conduct such consultations. It shall give reasons for its decision in its proposal.Article 3For the purposes of this Protocol, “draft legislative acts” shall mean proposals from the Commission, initiatives from a group of Member States, initiatives from the European Parliament, requests from the Court of Justice, recommendations from the European Central Bank and requests from the European Investment Bank for the adoption of a legislative act.Article 4The Commission shall forward its draft legislative acts and its amended drafts to national Parliaments at the same time as to the Union legislator.The European Parliament shall forward its draft legislative acts and its amended drafts to national Parliaments.The Council shall forward draft legislative acts originating from a group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank and amended drafts to national Parliaments.Upon adoption, legislative resolutions of the European Parliament and positions of the Council shall be forwarded by them to national Parliaments.Article 5Draft legislative acts shall be justified with regard to the principles of subsidiarity and proportionality. Any draft legislative act should contain a detailed statement making it possible to appraise compliance with the principles of subsidiarity and proportionality. This statement should contain some assessment of the proposal’s financial impact and, in the case of a directive, of its implications for the rules to be put in place by Member States, including, where necessary, the regional legislation. The reasons for concluding that a Union objective can be better achieved at Union level shall be substantiated by qualitative and, wherever possible, quantitative indicators. Draft legislative acts shall take account of the need for any burden, whether financial or administrative, falling upon the Union, national governments, regional or local authorities, economic operators and citizens, to be minimised and commensurate with the objective to be achieved.Article 6Any national Parliament or any chamber of a national Parliament may, within eight weeks from the date of transmission of a draft legislative act, in the official languages of the Union, send to the Presidents of the European Parliament, the Council and the Commission a reasoned opinion stating why it considers that the draft in question does not comply with the principle of subsidiarity. It will be for each national Parliament or each chamber of a national Parliament to consult, where appropriate, regional parliaments with legislative powers.If the draft legislative act originates from a group of Member States, the President of the Council shall forward the opinion to the governments of those Member States.If the draft legislative act originates from the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the opinion to the institution or body concerned.Article 71. The European Parliament, the Council and the Commission, and, where appropriate, the group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank, if the draft legislative act originates from them, shall take account of the reasoned opinions issued by national Parliaments or by a chamber of a national Parliament.Each national Parliament shall have two votes, shared out on the basis of the national Parliamentary system. In the case of a bicameral Parliamentary system, each of the two chambers shall have one vote.2. Where reasoned opinions on a draft legislative act’s non-compliance with the principle of subsidiarity represent at least one third of all the votes allocated to the national Parliaments in accordance with the second subparagraph of paragraph 1, the draft must be reviewed. This threshold shall be a quarter in the case of a draft legislative act submitted on the basis of Article 61 I of the Treaty on the Functioning of the European Union on the area of freedom, security and justice.After such review, the Commission or, where appropriate, the group of Member States, the European Parliament, the Court of Justice, the European Central Bank or the European Investment Bank, if the draft legislative act originates from them, may decide to maintain, amend or withdraw the draft. Reasons must be given for this decision.3. Furthermore, under the ordinary legislative procedure, where reasoned opinions on the non‑compliance of a proposal for a legislative act with the principle of subsidiarity represent at least a simple majority of the votes allocated to the national Parliaments in accordance with the second subparagraph of paragraph 1, the proposal must be reviewed. After such review, the Commission may decide to maintain, amend or withdraw the proposal.If it chooses to maintain the proposal, the Commission will have, in a reasoned opinion, to justify why it considers that the proposal complies with the principle of subsidiarity. This reasoned opinion, as well as the reasoned opinions of the national Parliaments, will have to be submitted to the Union legislator, for consideration in the procedure:(a) before concluding the first reading, the legislator (the European Parliament and the Council) shall consider whether the legislative proposal is compatible with the principle of subsidiarity, taking particular account of the reasons expressed and shared by the majority of national Parliaments as well as the reasoned opinion of the Commission;(b) if, by a majority of 55 % of the members of the Council or a majority of the votes cast in the European Parliament, the legislator is of the opinion that the proposal is not compatible with the principle of subsidiarity, the legislative proposal shall not be given further consideration.Article 8The Court of Justice of the European Union shall have jurisdiction in actions on grounds of infringement of the principle of subsidiarity by a legislative act, brought in accordance with the rules laid down in Article 230 of the Treaty on the Functioning of the European Union by Member States, or notified by them in accordance with their legal order on behalf of their national Parliament or a chamber thereof .In accordance with the rules laid down in the said Article, the Committee of the Regions may also bring such actions against legislative acts for the adoption of which the Treaty on the Functioning of the European Union provides that it be consulted.Article 9The Commission shall submit each year to the European Council, the European Parliament, the Council and national Parliaments a report on the application of Article 3b of the Treaty on European Union. This annual report shall also be forwarded to the Economic and Social Committee and the Committee of the Regions.PROTOCOLON THE EURO GROUPTHE HIGH CONTRACTING PARTIES,DESIRING to promote conditions for stronger economic growth in the European Union and, to that end, to develop ever-closer coordination of economic policies within the euro area,CONSCIOUS of the need to lay down special provisions for enhanced dialogue between the Member States whose currency is the euro, pending the euro becoming the currency of all Member States of the Union,HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:Article 1The Ministers of the Member States whose currency is the euro shall meet informally. Such meetings shall take place, when necessary, to discuss questions related to the specific responsibilities they share with regard to the single currency. The Commission shall take part in the meetings. The European Central Bank shall be invited to take part in such meetings, which shall be prepared by the representatives of the Ministers with responsibility for finance of the Member States whose currency is the euro and of the Commission.Article 2The Ministers of the Member States whose currency is the euro shall elect a president for two and a half years, by a majority of those Member States.PROTOCOLON PERMANENT STRUCTURED COOPERATIONESTABLISHED BY ARTICLE 28 A OF THE TREATY ON EUROPEAN UNIONTHE HIGH CONTRACTING PARTIES,HAVING REGARD TO Article 28 A(6) and Article 28 E of the Treaty on European Union,RECALLING that the Union is pursuing a common foreign and security policy based on the achievement of growing convergence of action by Member States;RECALLING that the common security and defence policy is an integral part of the common foreign and security policy; that it provides the Union with operational capacity drawing on civil and military assets; that the Union may use such assets in the tasks referred to in Article 28 B of the Treaty on European Union outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter; that the performance of these tasks is to be undertaken using capabilities provided by the Member States in accordance with the principle of a single set of forces;RECALLING that the common security and defence policy of the Union does not prejudice the specific character of the security and defence policy of certain Member States;RECALLING that the common security and defence policy of the Union respects the obligations under the North Atlantic Treaty of those Member States which see their common defence realised in the North Atlantic Treaty Organisation, which remains the foundation of the collective defence of its members, and is compatible with the common security and defence policy established within that framework;CONVINCED that a more assertive Union role in security and defence matters will contribute to the vitality of a renewed Atlantic Alliance, in accordance with the Berlin Plus arrangements;DETERMINED to ensure that the Union is capable of fully assuming its responsibilities within the international community;RECOGNISING that the United Nations Organisation may request the Union’s assistance for the urgent implementation of missions undertaken under Chapters VI and VII of the United Nations Charter;RECOGNISING that the strengthening of the security and defence policy will require efforts by Member States in the area of capabilities;CONSCIOUS that embarking on a new stage in the development of the European security and defence policy involves a determined effort by the Member States concerned;RECALLING the importance of the High Representative of the Union for Foreign Affairs and Security Policy being fully involved in proceedings relating to permanent structured cooperation,HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:Article 1The permanent structured cooperation referred to in Article 28 A(6) of the Treaty on European Union shall be open to any Member State which undertakes, from the date of entry into force of the Treaty of Lisbon, to:(a) proceed more intensively to develop its defence capacities through the development of its national contributions and participation, where appropriate, in multinational forces, in the main European equipment programmes, and in the activity of the Agency in the field of defence capabilities development, research, acquisition and armaments (European Defence Agency), and(b) have the capacity to supply by 2010 at the latest, either at national level or as a component of multinational force groups, targeted combat units for the missions planned, structured at a tactical level as a battle group, with support elements including transport and logistics, capable of carrying out the tasks referred to in Article 28 B of the Treaty on European Union, within a period of 5 to 30 days, in particular in response to requests from the United Nations Organisation, and which can be sustained for an initial period of 30 days and be extended up to at least 120 days.Article 2To achieve the objectives laid down in Article 1, Member States participating in permanent structured cooperation shall undertake to:(a) cooperate, as from the entry into force of the Treaty of Lisbon, with a view to achieving approved objectives concerning the level of investment expenditure on defence equipment, and regularly review these objectives, in the light of the security environment and of the Union’s international responsibilities;(b) bring their defence apparatus into line with each other as far as possible, particularly by harmonising the identification of their military needs, by pooling and, where appropriate, specialising their defence means and capabilities, and by encouraging cooperation in the fields of training and logistics;(c) take concrete measures to enhance the availability, interoperability, flexibility and deployability of their forces, in particular by identifying common objectives regarding the commitment of forces, including possibly reviewing their national decision-making procedures;(d) work together to ensure that they take the necessary measures to make good, including through multinational approaches, and without prejudice to undertakings in this regard within the North Atlantic Treaty Organisation, the shortfalls perceived in the framework of the “Capability Development Mechanism”;(e) take part, where appropriate, in the development of major joint or European equipment programmes in the framework of the European Defence Agency.Article 3The European Defence Agency shall contribute to the regular assessment of participating Member States’ contributions with regard to capabilities, in particular contributions made in accordance with the criteria to be established, inter alia, on the basis of Article 2, and shall report thereon at least once a year. The assessment may serve as a basis for Council recommendations and decisions adopted in accordance with Article 28 E of the Treaty on European Union.PROTOCOLRELATING TO ARTICLE 6(2)OF THE TREATY ON EUROPEAN UNIONON THE ACCESSION OF THE UNION TO THE EUROPEAN CONVENTIONON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMSTHE HIGH CONTRACTING PARTIESHAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:Article 1The agreement relating to the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the “European Convention”) provided for in Article 6(2) of the Treaty on European Union shall make provision for preserving the specific characteristics of the Union and Union law, in particular with regard to:(a) the specific arrangements for the Union’s possible participation in the control bodies of the European Convention;(b) the mechanisms necessary to ensure that proceedings by non-Member States and individual applications are correctly addressed to Member States and/or the Union as appropriate.Article 2The agreement referred to in Article 1 shall ensure that accession of the Union shall not affect the competences of the Union or the powers of its institutions. It shall ensure that nothing therein affects the situation of Member States in relation to the European Convention, in particular in relation to the Protocols thereto, measures taken by Member States derogating from the European Convention in accordance with Article 15 thereof and reservations to the European Convention made by Member States in accordance with Article 57 thereof.Article 3Nothing in the agreement referred to in Article 1 shall affect Article 292 of the Treaty on the Functioning of the European Union.PROTOCOLON THE INTERNAL MARKET AND COMPETITIONTHE HIGH CONTRACTING PARTIES,CONSIDERING that the internal market as set out in Article 2 of the Treaty on European Union includes a system ensuring that competition is not distorted,HAVE AGREED that:to this end, the Union shall, if necessary, take action under the provisions of the Treaties, including under Article 308 of the Treaty on the Functioning of the European Union.This protocol shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.PROTOCOLON THE APPLICATION OF THE CHARTER OF FUNDAMENTAL RIGHTSOF THE EUROPEAN UNION TO POLAND AND TO THE UNITED KINGDOMTHE HIGH CONTRACTING PARTIES,WHEREAS in Article 6 of the Treaty on European Union, the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union;WHEREAS the Charter is to be applied in strict accordance with the provisions of the aforementioned Article 6 and Title VII of the Charter itself;WHEREAS the aforementioned Article 6 requires the Charter to be applied and interpreted by the courts of Poland and of the United Kingdom strictly in accordance with the explanations referred to in that Article;WHEREAS the Charter contains both rights and principles;WHEREAS the Charter contains both provisions which are civil and political in character and those which are economic and social in character;WHEREAS the Charter reaffirms the rights, freedoms and principles recognised in the Union and makes those rights more visible, but does not create new rights or principles;RECALLING the obligations devolving upon Poland and the United Kingdom under the Treaty on European Union, the Treaty on the Functioning of the European Union, and Union law generally;NOTING the wish of Poland and the United Kingdom to clarify certain aspects of the application of the Charter;DESIROUS therefore of clarifying the application of the Charter in relation to the laws and administrative action of Poland and of the United Kingdom and of its justiciability within Poland and within the United Kingdom;REAFFIRMING that references in this Protocol to the operation of specific provisions of the Charter are strictly without prejudice to the operation of other provisions of the Charter;REAFFIRMING that this Protocol is without prejudice to the application of the Charter to other Member States;REAFFIRMING that this Protocol is without prejudice to other obligations devolving upon Poland and the United Kingdom under the Treaty on European Union, the Treaty on the Functioning of the European Union, and Union law generally,HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:Article 11. The Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms.2. In particular, and for the avoidance of doubt, nothing in Title IV of the Charter creates justiciable rights applicable to Poland or the United Kingdom except in so far as Poland or the United Kingdom has provided for such rights in its national law.Article 2To the extent that a provision of the Charter refers to national laws and practices, it shall only apply to Poland or the United Kingdom to the extent that the rights or principles that it contains are recognised in the law or practices of Poland or of the United Kingdom.PROTOCOLON THE EXERCISE OF SHARED COMPETENCETHE HIGH CONTRACTING PARTIESHAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:Sole ArticleWith reference to Article 2 A of the Treaty on the Functioning of the European Union on shared competence, when the Union has taken action in a certain area, the scope of this exercise of competence only covers those elements governed by the Union act in question and therefore does not cover the whole area.PROTOCOLON SERVICES OF GENERAL INTERESTTHE HIGH CONTRACTING PARTIES,WISHING to emphasise the importance of services of general interest,HAVE AGREED UPON the following interpretative provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:Article 1The shared values of the Union in respect of services of general economic interest within the meaning of Article 16 of the Treaty on the Functioning of the European Union include in particular:– the essential role and the wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest as closely as possible to the needs of the users;– the diversity between various services of general economic interest and the differences in the needs and preferences of users that may result from different geographical, social or cultural situations;– a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights.Article 2The provisions of the Treaties do not affect in any way the competence of Member States to provide, commission and organise non-economic services of general interest.PROTOCOLON THE DECISION OF THE COUNCILRELATING TO THE IMPLEMENTATION OF ARTICLE 9c(4) OF THE TREATY ON EUROPEAN UNION AND ARTICLE 205(2) OF THE TREATY ON THE FUNCTIONNING OF THE EUROPEAN UNION BETWEEN 1 NOVEMBER 2014 AND 31 MARCH 2017 ON THE ONE HAND, AND AS FROM 1 APRIL 2017 ON THE OTHERTHE HIGH CONTRACTING PARTIES,TAKING INTO ACCOUNT the fundamental importance that agreeing on the Decision of the Council relating to the implementation of Article 9 C(4) of the Treaty on European Union and Article 205(2) of the Treaty on the Functioning of the European Union between 1 November 2014 and 31 March 2017 on the one hand, and as from 1 April 2017 on the other (hereinafter “the Decision”), had when approving the Treaty of Lisbon,HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:Sole ArticleBefore the examination by the Council of any draft which would aim either at amending or abrogating the Decision or any of its provisions, or at modifying indirectly its scope or its meaning through the modification of another legal act of the Union, the European Council shall hold a preliminary deliberation on the said draft, acting by consensus in accordance with Article 9 B(4) of the Treaty on European Union.PROTOCOLON TRANSITIONAL PROVISIONSTHE HIGH CONTRACTING PARTIES,WHEREAS, in order to organise the transition from the institutional provisions of the Treaties applicable prior to the entry into force of the Treaty of Lisbon to the provisions contained in that Treaty, it is necessary to lay down transitional provisions,HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community:Article 1In this Protocol, the words “the Treaties” shall mean the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community.TITLE IPROVISIONS CONCERNING THE EUROPEAN PARLIAMENTArticle 2In accordance with the second subparagraph of Article 9 A(2) of the Treaty on European Union, the European Council shall adopt a decision determining the composition of the European Parliament in good time before the 2009 European Parliament elections.Until the end of the 2004‑2009 parliamentary term, the composition and the number of representatives elected to the European Parliament shall remain the same as on the date of the entry into force of the Treaty of Lisbon.TITLE IIPROVISIONS CONCERNING THE QUALIFIED MAJORITYArticle 31. In accordance with Article 9 C(4) of the Treaty on European Union, the provisions of that paragraph and of Article 205(2) of the Treaty on the Functioning of the European Union relating to the definition of the qualified majority in the European Council and the Council shall take effect on 1 November 2014.2. Between 1 November 2014 and 31 March 2017, when an act is to be adopted by qualified majority, a member of the Council may request that it be adopted in accordance with the qualified majority as defined in paragraph 3. In that case, paragraphs 3 and 4 shall apply.3. Until 31 October 2014, the following provisions shall remain in force, without prejudice to the second subparagraph of Article 201a(1) of the Treaty on the Functioning of the European Union.For acts of the European Council and of the Council requiring a qualified majority, members’ votes shall be weighted as follows:

Belgium	12
Bulgaria	10
Czech Republic	12
Denmark	7
Germany	29
Estonia	4
Ireland	7
Greece	12
Spain	27
France	29
Italy	29
Cyprus	4
Latvia	4
Lithuania	7
Luxembourg	4
Hungary	12
Malta	3
Netherlands	13
Austria	10
Poland	27
Portugal	12
Romania	14
Slovenia	4
Slovakia	7
Finland	7
Sweden	10
United Kingdom	29

Acts shall be adopted if there are at least 255 votes in favour representing a majority of the members where, under the Treaties, they must be adopted on a proposal from the Commission. In other cases decisions shall be adopted if there are at least 255 votes in favour representing at least two thirds of the members.A member of the European Council or the Council may request that, where an act is adopted by the European Council or the Council by a qualified majority, a check is made to ensure that the Member States comprising the qualified majority represent at least 62 % of the total population of the Union. If that proves not to be the case, the act shall not be adopted.4. Until 31 October 2014, the qualified majority shall, in cases where, under the Treaties, not all the members of the Council participate in voting, namely in the cases where reference is made to the qualified majority as defined in Article 205(3) of the Treaty on the Functioning of the European Union, be defined as the same proportion of the weighted votes and the same proportion of the number of the Council members and, if appropriate, the same percentage of the population of the Member States concerned as laid down in paragraph 3 of this Article.TITLE IIIPROVISIONS CONCERNING THE CONFIGURATIONS OF THE COUNCILArticle 4Until the entry into force of the decision referred to in the first subparagraph of Article 9 C(6) of the Treaty on European Union, the Council may meet in the configurations laid down in the second and third subparagraphs of that paragraph and in the other configurations on the list established by a decision of the General Affairs Council, acting by a simple majority.TITLE IVPROVISIONS CONCERNING THE COMMISSION, INCLUDINGTHE HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRSAND SECURITY POLICYArticle 5The members of the Commission in office on the date of entry into force of the Treaty of Lisbon shall remain in office until the end of their term of office. However, on the day of the appointment of the High Representative of the Union for Foreign Affairs and Security Policy, the term of office of the member having the same nationality as the High Representative shall end.TITLE VPROVISIONS CONCERNING THE SECRETARY-GENERAL OF THE COUNCIL, HIGHREPRESENTATIVE FOR THE COMMON FOREIGN AND SECURITY POLICY, ANDTHE DEPUTY SECRETARY-GENERAL OF THE COUNCILArticle 6The terms of office of the Secretary-General of the Council, High Representative for the common foreign and security policy, and the Deputy Secretary-General of the Council shall end on the date of entry into force of the Treaty of Lisbon. The Council shall appoint a Secretary-General in conformity with Article 207(2) of the Treaty on the Functioning of the European Union.TITLE VIPROVISIONS CONCERNING ADVISORY BODIESArticle 7Until entry into force of the decision referred to in Article 258 of the Treaty on the Functioning of the European Union, the allocation of members of the Economic and Social Committee shall be as follows:

Belgium 12	Luxembourg 6
Bulgaria 12	Hungary 12
Czech Republic 12	Malta 5
Denmark 9	Netherlands 12
Germany 24	Austria 12
Estonia 7	Poland 21
Ireland 9	Portugal 12
Greece 12	Romania 15
Spain 21	Slovenia 7
France 24	Slovakia 9
Italy 24	Finland 9
Cyprus 6	Sweden 12
Latvia 7	United Kingdom 24
Lithuania 9

Article 8Until entry into force of the decision referred to in Article 263 of the Treaty on the Functioning of the European Union, the allocation of members of the Committee of the Regions shall be as follows:

Belgium 12	Luxembourg 6
Bulgaria 12	Hungary 12
Czech Republic 12	Malta 5
Denmark 9	Netherlands 12
Germany 24	Austria 12
Estonia 7	Poland 21
Ireland 9	Portugal 12
Greece 12	Romania 15
Spain 21	Slovenia 7
France 24	Slovakia 9
Italy 24	Finland 9
Cyprus 6	Sweden 12
Latvia 7	United Kingdom 24
Lithuania 9

TITLE VIITRANSITIONAL PROVISIONS CONCERNING ACTS ADOPTED ON THE BASIS OFTITLES V AND VI OF THE TREATY ON EUROPEAN UNIONPRIOR TO THE ENTRY INTO FORCE OF THE TREATY OF LISBONArticle 9The legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted on the basis of the Treaty on European Union prior to the entry into force of the Treaty of Lisbon shall be preserved until those acts are repealed, annulled or amended in implementation of the Treaties. The same shall apply to agreements concluded between Member States on the basis of the Treaty on European Union.Article 101. As a transitional measure, and with respect to acts of the Union in the field of police cooperation and judicial cooperation in criminal matters which have been adopted before the entry into force of the Treaty of Lisbon, the powers of the institutions shall be the following at the date of entry into force of that Treaty: the powers of the Commission under Article 226 of the Treaty on the Functioning of the European Union shall not be applicable and the powers of the Court of Justice of the European Union under Title VI of the Treaty on European Union, in the version in force before the entry into force of the Treaty of Lisbon, shall remain the same, including where they have been accepted under Article 35(2) of the said Treaty on European Union.2. The amendment of an act referred to in paragraph 1 shall entail the applicability of the powers of the institutions referred to in that paragraph as set out in the Treaties with respect to the amended act for those Member States to which that amended act shall apply.3. In any case, the transitional measure mentioned in paragraph 1 shall cease to have effect five years after the date of entry into force of the Treaty of Lisbon.4. At the latest six months before the expiry of the transitional period referred to in paragraph 3, the United Kingdom may notify to the Council that it does not accept, with respect to the acts referred to in paragraph 1, the powers of the institutions referred to in paragraph 1 as set out in the Treaties. In case the United Kingdom has made that notification, all acts referred to in paragraph 1 shall cease to apply to it as from the date of expiry of the transitional period referred to in paragraph 3. This subparagraph shall not apply with respect to the amended acts which are applicable to the United Kingdom as referred to in paragraph 2.The Council, acting by a qualified majority on a proposal from the Commission, shall determine the necessary consequential and transitional arrangements. The United Kingdom shall not participate in the adoption of this decision. A qualified majority of the Council shall be defined in accordance with Article 205(3)(a) of the Treaty on the Functioning of the European Union.The Council, acting by a qualified majority on a proposal from the Commission, may also adopt a decision determining that the United Kingdom shall bear the direct financial consequences, if any, necessarily and unavoidably incurred as a result of the cessation of its participation in those acts.5. The United Kingdom may, at any time afterwards, notify the Council of its wish to participate in acts which have ceased to apply to it pursuant to paragraph 4, first subparagraph. In that case, the relevant provisions of the Protocol on the Schengen acquis integrated into the framework of the European Union or of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, as the case may be, shall apply. The powers of the institutions with regard to those acts shall be those set out in the Treaties. When acting under the relevant Protocols, the Union institutions and the United Kingdom shall seek to re-establish the widest possible measure of participation of the United Kingdom in the acquis of the Union in the area of freedom, security and justice without seriously affecting the practical operability of the various parts thereof, while respecting their coherence.B. PROTOCOLS TO BE ANNEXED TO THE TREATY OF LISBONPROTOCOL No 1AMENDING THE PROTOCOLS ANNEXED TO THE TREATY ON EUROPEAN UNION, TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITYAND/OR TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITYTHE HIGH CONTRACTING PARTIES,DESIRING to amend the Protocols annexed to the Treaty on European Union, to the Treaty establishing the European Community and/or to the Treaty establishing the European Atomic Energy Community, in order to adapt them to the new rules laid down by the Treaty of Lisbon,HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty of Lisbon:Article 11) The protocols in force on the date of entry into force of this Treaty and annexed to the Treaty on European Union, to the Treaty establishing the European Community and/or to the Treaty establishing the European Atomic Energy Community shall be amended in accordance with the provisions of this Article.A. HORIZONTAL AMENDMENTS2) The horizontal amendments laid down in Article 2(2) of the Treaty of Lisbon shall apply to the Protocols referred to in this Article, with the exception of points (d), (e) and (j). Where point 5(a) or point 12(a) below specifically provides otherwise, the horizontal amendment laid down in Article 2(3)(b) of that Treaty shall not apply to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank or to the Protocol on the Statute of the European Investment Bank, respectively.3) In the Protocols referred to in point 1 of this Article:(a) the last paragraph of their respective preambles, referring to the Treaty or Treaties to which the Protocol in question is annexed, shall be replaced by “HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union”. This subparagraph shall apply neither to the Protocol on economic and social cohesion nor to the Protocol on the system of public broadcasting in the Member States.The Protocol on the Statute of the Court of Justice of the European Union, the Protocol on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union, the Protocol on Article 40.3.3 of the Constitution of Ireland and the Protocol on the privileges and immunities of the European Union shall also be annexed to the Treaty establishing the European Atomic Energy Community;(b) the word “Communities” shall be replaced by “Union” and any necessary grammatical changes shall be made .4) In the following Protocols, the words “the Treaty” and “this Treaty” shall be replaced by “the Treaties” and “these Treaties” respectively, and references to the Treaty on European Union and/or to the Treaty establishing the European Community shall be replaced by a reference to the Treaties, and any necessary grammatical changes shall be made:(a) Protocol on the Statute of the Court of Justice of the European Union:- Article 1 (including the references to the EU and EC Treaty, respectively);(b) Protocol on the Statute of the European System of Central Banks and of the European Central Bank:- Article 1.1, new second subparagraph;- Article 12.1, first subparagraph;- Article 14.1 (second instance);- Article 14.2, second subparagraph;- Article 34.1, second indent;- Article 35.1;(c) Protocol on the excessive deficit procedure:- Article 3, second sentence;(d) Protocol on certain provisions relating to Denmark:- point 2, renumbered 1, second sentence;(e) Protocol integrating the Schengen acquis into the framework of the European Union:- sixth, renumbered fifth, recital;- Article 1;(f) Protocol on asylum for nationals of Member States of the European Union:- sixth, renumbered seventh recital;(g) Protocol on the acquisition of property in Denmark:- sole provision;(h) Protocol on the system of public broadcasting in the Member States:- sole provision;(i) Protocol on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel:- Article 3.5) In the following Protocols and Annexes, references to “this Treaty” and “the Treaty” shall be replaced by references to “the Treaty on the Functioning of the European Union”:(a) Protocol on the Statute of the European System of Central Banks and of the European Central Bank:

– Article 2– Article 3– Article 4– Article 6.3– Article 7– Article 9.2– Article 9.3– Article 11– Article 14.1 (first instance of “This Treaty”– Article 15– Article 16

– Article 21– Article 25– Article 27– Article 34.1 (first instance)– Article 35– Article 41.1– Article 42 (renumbered 41)– Article 43 (renumbered 42)– Article 44 (renumbered 43) second subparagraph– Article 45 (renumbered 44)– Article 47 (renumbered 46)

(b) Protocol on the excessive deficit procedure:- Article 1, introductory phrase;(c) Protocol on the convergence criteria referred to in Article 121 of the Treaty establishing the European Community:- sole recital- Article 1, first sentence;(d) Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland:- paragraph 6, renumbered 5, second subparagraph;- paragraph 9, renumbered 8, introductory phrase;- paragraph 10, renumbered 9, second sentence of (a);- paragraph 11, renumbered 10;(e) Protocol on economic and social cohesion:- fifteenth, renumbered eleventh, recital(f) Annexes I and II:- titles of both Annexes.6) In the following Protocols, the words “of this Treaty” shall be replaced by “of the said Treaty”:(a) (Does not apply to the English version.);(b) Protocol on the excessive deficit procedure:- Article 2, introductory phrase;(c) Protocol on the convergence criteria referred to in Article 121 of the Treaty establishing the European Community:

– Article 2;– Article 3;

– Article 4, first sentence;– Article 6;

(d) Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland:- paragraph 7, renumbered 6, second subparagraph;- paragraph 10, renumbered 9, point (c).7) In the following Protocols, the words “acting by a simple majority” shall be inserted after “the Council”:(a) Protocol on the Statute of the Court of Justice of the European Union:- Article 4, second paragraph;- Article 13, second paragraph;(b) Protocol on the privileges and immunities of the European Communities:- Article 7, renumbered 6, paragraph 1, first subparagraph, first sentence.8) In the following Protocols, the words “Court of Justice of the European Communities”, “Court of Justice” or “Court” shall be replaced by “Court of Justice of the European Union”:(a) Protocol on the Statute of the Court of Justice of the European Union:

– Article 1;– Article 3, fourth paragraph;

– Article 1 of the Annex;

(b) Protocol on the Statute of the European System of Central Banks and of the European Central Bank:- Article 35.1, 35.2, 35.4, 35.5 and 35.6;- Article 36.2;(c) Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol:- Sole Article, point (d);(d) Protocol on the privileges and immunities of the European Communities:- Article 12, renumbered 11, point (a);- Article 21, renumbered 20, first occurrence;(e) Protocol on the position of the United Kingdom and Ireland:- Article 2;(f) Protocol on asylum for nationals of Member States of the European Union:- second, renumbered third, recital.B. SPECIFIC AMENDMENTSProtocols repealed9) The following Protocols shall be repealed:(a) Protocol on Italy (1957);(b) Protocol on goods originating in and coming from certain countries and enjoying special treatment when imported into a Member State (1957);(c) Protocol on the Statute of the European Monetary Institute (1992);(d) Protocol on the transition to the third stage of economic and monetary union (1992);(e) Protocol on Portugal (1992);(f) Protocol on the role of national parliaments in the European Union (1997), which shall be replaced by a new Protocol with the same title;(g) Protocol on the application of the principles of subsidiarity and proportionality (1997), which shall be replaced by a new Protocol with the same title;(h) Protocol on protection and welfare of animals (1997), the text of which shall become Article 6b of the Treaty on the Functioning of the European Union;(i) Protocol on the enlargement of the European Union (2001);(j) Protocol on Article 67 of the Treaty establishing the European Community (2001).Statute of the Court of Justice of the European Union10) The Protocol on the Statute of the Court of Justice of the European Union shall be amended as follows:(a) in the preamble, first recital, the reference to the Treaty establishing the European Community shall be replaced by a reference to the Treaty on the Functioning of the European Union. In the rest of the Protocol, the words “of the EC Treaty” shall be replaced by “of the Treaty on the Functioning of the European Union”; throughout the Protocol, references to articles of the EAEC Treaty which are repealed by Protocol No 2 annexed to this Treaty shall be deleted and necessary grammatical changes shall be made;(b) in the following Articles, the word “Court”, where it refers specifically to the Court of Justice, shall be replaced by “Court of Justice”:

– Article 3, second paragraph, beginning of the sentence;– Article 4, fourth paragraph– Article 5, second paragraph;– Article 6, first paragraph;– Articles 10, 11, 12 and 14;– Article 13, first paragraph, first instance– Article 15, first sentence;– Article 16, first paragraph;– Article 17, first paragraph;– Article 18, third paragraph;– Article 19, first paragraph;– Article 20, first paragraph;– Article 21, first paragraph;– Article 22, first paragraph;– Article 23, first paragraph;– Article 24, first paragraph, beginning of the sentence;– Articles 25 and 27;– Article 29, first paragraph;– Articles 30 to 32, 35, 38, 41 and 43;– Article 39, first paragraph– Article 40, first paragraph– Article 44, first paragraph, first instance;– Article 46, first paragraph;

– Article 52: does not apply to the English version;– Article 54: does not apply to the English version;– Article 56: does not apply to the English version;– Article 57: does not apply to the English version;– Article 58: does not apply to the English version;– Article 59: does not apply to the English version;– Article 60: does not apply to the English version;– Article 61: does not apply to the English version;– Article 62: does not apply to the English version;– Article 62a: does not apply to the English version;– Article 62b: does not apply to the English version;– Article 63: does not apply to the English version;– Article 64: does not apply to the English version;– Article 3(2) of the Annex, second sentence;– Article 6(1) of the Annex: does not apply to the English version;– Article 8(1) of the Annex: does not apply to the English version;

(c) in Article 2, the words “in open court” shall be replaced by “before the Court of Justice sitting in open court”;(d) in Article 3, second paragraph, and Article 4, fourth paragraph, the following sentence shall be added: “If the decision concerns a member of the General Court or of a specialised court, the Court shall decide after consulting the court concerned.”;(e) in Article 6, first paragraph, the following sentence shall be added: “If the person concerned is a member of the General Court or of a specialised court, the Court shall decide after consulting the court concerned.”;(f) in the heading of Title II, the words “of the Court of Justice” shall be added;(g) in Article 13, first paragraph, first sentence, the words “On a proposal from” shall be replaced by “At the request of”, and the words “the Council may, acting unanimously, provide for” shall be replaced by “the European Parliament and the Council may, acting in accordance with the ordinary legislative procedure, provide for”;(h) in the heading of Title III, the words “before the Court of Justice” shall be added;(i) Article 23 shall be amended as follows:(i) in the first paragraph, first, sentence, the words “by Article 35(1) of the EU Treaty,” shall be deleted. In the second sentence, the words “and also to the Council or to the European Central Bank if the act the validity or interpretation of which is in dispute originates from one of them, and to the European Parliament and the Council if the act the validity or interpretation of which is in dispute was adopted jointly by those two institutions” shall be replaced by “and to the institution, body, office or agency of the Union which adopted the act the validity or interpretation of which is in dispute”;(ii) in the second paragraph, the words “and, where appropriate, the European Parliament, the Council and the European Central Bank, shall be entitled” shall be replaced by “and, where appropriate, the institution, body, office or agency which adopted the act the validity or interpretation of which is in dispute, shall be entitled”;(j) in Article 24, second paragraph, the words “, bodies, offices and agencies” shall be inserted after “institutions”;(k) in Article 40 the second paragraph shall be replaced by the following:”The same right shall be open to the bodies, offices and agencies of the Union and to any other person which can establish an interest in the result of a case submitted to the Court of Justice. Natural or legal persons shall not intervene in cases between Member States, between institutions of the Union or between Member States and institutions of the Union.”;(l) in Article 42, the words “, bodies, offices and agencies” shall be inserted after “institutions”;(m) in Article 46, the following new paragraph shall be added: “This Article shall also apply to proceedings against the European Central Bank regarding non-contractual liability.”;(n) the heading of Title IV shall be replaced by “GENERAL COURT”;(o) in Article 47, the first paragraph shall be replaced by “The first paragraph of Article 9, Articles 14 and 15, the first, second, fourth and fifth paragraphs of Article 17 and Article 18 shall apply to the General Court and its members.”;(p) in Article 51, first paragraph, in the third indent of point (a), the reference to the third indent of Article 202 shall be replaced by a reference to the second paragraph of Article 249 , and the reference in point (b) to Article 11a shall be replaced by a reference to the first paragraph of Article 280 F. In the second paragraph, the words “or by the European Central Bank” shall be deleted;(q) Article 64 shall be amended as follows:(i) the following new first paragraph shall be inserted:”The rules governing the language arrangements applicable at the Court of Justice of the European Union shall be laid down by a regulation of the Council acting unanimously. This regulation shall be adopted either at the request of the Court of Justice and after consultation of the Commission and the European Parliament, or on a proposal from the Commission and after consultation of the Court of Justice and of the European Parliament.”;(ii) in the first sentence of the first paragraph which shall become the second paragraph, the words “Until the rules governing the language arrangements applicable at the Court of Justice and the Court of First Instance have been adopted in this Statute” shall be replaced by “Until those rules have been adopted”; the second sentence shall be replaced by the following: “By way of derogation from Articles 223 and 224 of the Treaty on the Functioning of the European Union, those provisions may only be amended or repealed with the unanimous consent of the Council.”;(r) in Annex I to the Protocol, Article 3(1), second sentence, the words “Civil Service” shall be inserted before “Tribunal”; in paragraphs 2 and 3, the words “by a qualified majority” shall be deleted;(s) (Does not apply to the English version.).Statute of the ESCB and of the ECB11) The Protocol on the Statute of the European System of Central Banks and of the European Central Bank shall be amended as follows:(a) in the preamble, first recital, the reference to Article 8 of the Treaty establishing the European Community shall be replaced by a reference to the second paragraph of Article 107 of the Treaty on the Functioning of the European Union;(b) The title of Chapter I shall be replaced by the following: “THE EUROPEAN SYSTEM OF CENTRAL BANKS”;(c) Article 1.1 shall be split at the semi-colon into two unnumbered subparagraphs. The first subparagraph shall be replaced by the following: “In accordance with Article 245a(1) of the Treaty on the Functioning of the European Union, the European Central Bank (ECB) and the national central banks shall constitute the European System of Central Banks (ESCB). The ECB and the national central banks of those Member States whose currency is the euro shall constitute the Eurosystem.”; at the beginning of the second subparagraph, the words “they shall perform” shall be replaced by “The ESCB and the ECB shall perform”;(d) Article 1.2 shall be deleted;(e) in Article 2, the words “In accordance with Article 105(1) of this Treaty” shall be replaced by “In accordance with Article 105(1) and Article 245a(2) of the Treaty on the Functioning of the European Union”;(f) in the second indent of Article 3.1, the words “Article 111 of this Treaty” shall be replaced by “Article 188 O of that Treaty”;(g) in Article 4, point (b), the word “appropriate” shall be deleted;(h) at the beginning of Article 9.1, the words “in accordance with Article 107(2) of this Treaty” shall be replaced by “in accordance with Article 245a(3) of the Treaty on the Functioning of the European Union”;(i) Article 10 shall be amended as follows:(i) in Article 10.1, the words “of the Member States whose currency is the euro” shall be inserted at the end;(ii) in Article 10.2, first indent, at the end of the first sentence, the words “Member States which have adopted the euro” shall be replaced by “Member States whose currency is the euro”; at the end of the third subparagraph, the words “under Articles 10.3, 10.6 and 41.2″ shall be replaced by “under Articles 10.3, 40.2 and 40.3″;(iii) Article 10.6 shall be deleted;(j) in Article 11.2, first subparagraph, the words “shall be appointed from among persons of recognised standing and professional experience in monetary or banking matters by common accord of the governments of the Member States at the level of Heads of State or Government” shall be replaced by “shall be appointed by the European Council, acting by a qualified majority, from among persons of recognised standing and professional experience in monetary or banking matters”;(k) in Article 14.1, the words “, at the latest at the date of the establishment of the ESCB,” shall be deleted;(l) in Article 16, first sentence, the word “euro” shall be inserted before “banknotes”;(m) in Article 18.1, first indent, the words “whether in Community or non-Community currencies” shall be replaced by “whether in euro or other currencies”;(n) in Article 25.2, the words “any decision of the Council” shall be replaced by “any regulation of the Council”;(o) in Article 28.1, the words “, which shall become operational upon its establishment,” shall be deleted;(p) in Article 29.1, the introductory wording shall be replaced by the following: “The key for subscription of the ECB’s capital, fixed for the first time in 1998 when the ESCB was established, shall be determined by assigning to each national central bank a weighting in this key equal to the sum of:”; the second subparagraph shall be replaced by the following: “The percentages shall be rounded up or down to the nearest multiple of 0,0001 percentage points.”;(q) in Article 32.2, the words “Subject to Article 32.3,” shall be deleted and in Article 32.3 the words “, after the start of the third stage,” shall be replaced by “after the introduction of the euro”;(r) in Article 34.2, the first four subparagraphs shall be deleted;(s) in Article 35.6, the words “the Treaties and” shall be inserted before “this Statute”;(t) Article 37 shall be repealed and the remaining Articles shall be renumbered accordingly;(u) Article 41, renumbered 40, shall be amended as follows:(i) in Article 41.1, renumbered 40.1, the words “may be amended by the Council, acting either by a qualified majority on a recommendation” shall be replaced by “may be amended by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure either on a recommendation”, the word “unanimously” shall be deleted, and the last sentence shall be deleted;(ii) the following new Article 40.2 shall be inserted, and the current paragraph 41.2 shall be renumbered 40.3:”40.2. Article 10.2 may be amended by a decision of the European Council, acting unanimously, either on a recommendation from the European Central Bank and after consulting the European Parliament and the Commission, or on a recommendation from the Commission and after consulting the European Parliament and the European Central Bank. These amendments shall not enter into force until they are approved by the Member States in accordance with their respective constitutional requirements.”;(v) in Article 42, renumbered 41, the words “immediately after the decision on the date for the beginning of the third stage,” shall be deleted and the words “acting by a qualified majority” shall be deleted;(w) in Articles 43.1, 43.2 and 43.3, renumbered Articles 42.1, 42.2 and 42.3 respectively, the reference to Article 122 shall be replaced by a reference to Article 116a; in Article 43.3, renumbered 42.3, the reference to Articles 34.2 and 50 shall be deleted and in Article 43.4, renumbered 42.4, the reference to Article 10.1 shall be replaced by a reference to Article 10.2;(x) in Article 44, renumbered 43, first paragraph, the words “those tasks of the EMI” shall be replaced by “the former tasks of the EMI referred to in Article 118a(2) of the Treaty on the Functioning of the European Union” and the words “in the third stage” shall be replaced by “after the introduction of the euro”; in the second paragraph, the reference to Article 122 shall be replaced by a reference to Article 117a;(y) in Article 47.3, renumbered 46.3, the words “against the currencies, or the single currency, of the Member States without a derogation,” shall be replaced by “against the euro”;(z) Articles 50 and 51 shall be repealed and the remaining Articles shall be renumbered accordingly;(aa) in Article 52, renumbered 49, the words “in accordance with Article 116a(3) of the Treaty on the Functioning of the European Union” shall be inserted after the words “Following the irrevocable fixing of exchange rates”.(ab) (Does not apply to the English version.).Statute of the EIB12) The Protocol on the Statute of the European Investment Bank shall be amended as follows:(a) throughout the Protocol, references to an Article of “the Treaty” shall be replaced by references to an Article of “the Treaty on the Functioning of the European Union” and references to “this Treaty” shall be replaced by references to an Article of “the Treaty on the Functioning of the European Union” in Article 1 (first occurrence), Article 3, Article 18 (renumbered 16), Article 19 (renumbered 17), and Article 25 (renumbered 23);(b) at the end of the preamble, the words “to this Treaty” shall be replaced by “to the Treaty on European Union and to the Treaty on the Functioning of the European Union”;(c) in Article 1, the second paragraph shall be deleted;(d) in Article 3, the introductory phrase shall be replaced by “In accordance with Article 266 of the Treaty on the Functioning of the European Union, the Bank’s members shall be the Member States” and the list of States shall be deleted;(e) in Article 4(1), the figure for the capital of the Bank shall be replaced by “EUR 164 808 169 000″, the figures for the following Member States shall read as follows and the second subparagraph shall be deleted;

Poland	3 411 263 500	Bulgaria	290 917 500
Czech Republic	1 258 785 500	Lithuania	249 617 500
Hungary	1 190 868 500	Cyprus	183 382 000
Romania	863 514 500	Latvia	152 335 000
Slovakia	428 490 500	Estonia	117 640 000
Slovenia	397 815 000	Malta	69 804 000

(f) Article 5 shall be amended as follows:(i) in paragraph 2, the following new sentence shall be added: “Cash payments shall be made exclusively in euro.”;(ii) in paragraph 3, first subparagraph, the words “towards those who have made loans to it” shall be deleted, and in the second subparagraph the words “in the currencies required by the Bank to meet these obligations” shall be deleted;(g) Articles 6 and 7 shall be repealed and the remaining Articles shall be renumbered accordingly;(h) Article 9, renumbered 7, shall be amended as follows:(i) in paragraph 2, the words “with particular reference to the objectives to be pursued as progress is made in the attainment of the common market” shall be replaced by “in accordance with the Union’s objectives”;(ii) in paragraph 3, the text of point (b) shall be replaced by “(b) for the purposes of Article 9(1), determine the principles applicable to financing operations undertaken within the framework of the Bank’s task;”, the text of point (d) shall be replaced by “take decisions in respect of the granting of finance for investment operations to be carried out, in whole or in part, outside the territories of the Member States in accordance with Article 16(1);” and, in point (g), the word “other” shall be inserted before “powers” and the words “provided in Articles 4, 7, 14, 17, 26 and 27″ shall be replaced by “conferred by this Statute”;(i) Article 10, renumbered 8, shall be amended as follows:(i) the third sentence shall be deleted;(ii) the following two new paragraphs shall be inserted:”A qualified majority shall require eighteen votes in favour and 68 % of the subscribed capital.Abstentions by members present in person or represented shall not prevent the adoption of decisions requiring unanimity.”(j) Article 11, renumbered 9, shall be amended as follows:(i) paragraph 1, first subparagraph, shall be replaced by the following:”1. The Board of Directors shall take decisions in respect of granting finance, in particular in the form of loans and guarantees, and raising loans; it shall fix the interest rates on loans granted and the commission and other charges. It may, on the basis of a decision taken by a qualified majority, delegate some of its functions to the Management Committee. It shall determine the terms and conditions for such delegation and shall supervise its execution.The Board of Directors shall see that the Bank is properly run; it shall ensure that the Bank is managed in accordance with the provisions of the Treaties and of this Statute and with the general directives laid down by the Board of Governors.”;(ii) in paragraph 2, the sixth subparagraph shall be replaced by the following:”The Rules of Procedure shall lay down the arrangements for participating in the meetings of the Board of Directors and the provisions applicable to alternates and co-opted experts.”(iii) in paragraph 5, second sentence, the words “, acting unanimously,” shall be deleted.(k) Article 13, renumbered 11, shall be amended as follows:(i) in paragraph 3, second subparagraph, the words “the granting of loans” shall be replaced by “the granting of finance, in particular in the form of loans”;(ii) in paragraph 4, the words “on proposals for raising loans or granting loans and guarantees” shall be replaced by “on proposals for raising loans or granting finance, in particular in the form of loans and guarantees”;(iii) in paragraph 7, first sentence, the words “officials and other employees” shall be replaced by “staff”. The following sentence shall be added at the end: “The Rules of Procedure shall determine which organ is competent to adopt the provisions applicable to staff.”;(l) Article 14, renumbered 12, shall be amended as follows:(i) in paragraph 1, the words “three members” shall be replaced by “six members” and the words “shall annually verify that the operations of the Bank have been conducted and its books kept in a proper manner” shall be replaced by “shall verify that the activities of the Bank conform to best banking practice and shall be responsible for the auditing of its accounts”;(ii) paragraph 2 shall be replaced by the following three new paragraphs:”2. The Committee referred to in paragraph 1 shall annually ascertain that the operations of the Bank have been conducted and its books kept in a proper manner. To this end, it shall verify that the Bank’s operations have been carried out in compliance with the formalities and procedures laid down by this Statute and the Rules of Procedure.3. The Committee referred to in paragraph 1 shall confirm that the financial statements, as well as any other financial information contained in the annual accounts drawn up by the Board of Directors, give a true and fair view of the financial position of the Bank in respect of its assets and liabilities, and of the results of its operations and its cash flows for the financial year under review.4. The Rules of Procedure shall specify the qualifications required of the members of the Committee and lay down the terms and conditions for the Committee’s activity.”(m) in Article 15, renumbered 13, the words “the bank of issue” shall be replaced by “the national central bank”;(n) Article 18, renumbered 16, shall be amended as follows:(i) in the first subparagraph of paragraph 1, the words “shall grant loans” shall be replaced by “shall grant finance, in particular in the form of loans and guarantees”, the words “investment projects” shall be replaced by “investments” and the word “European” shall be deleted; in the second subparagraph, the words “by way of derogation authorised by the Board of Governors, acting unanimously” shall be replaced by “by decision of the Board of Governors, acting by a qualified majority”, the words “loans for investment projects” shall be replaced by “financing for investment” and the word “European” shall be deleted;(ii) in paragraph 3, the words “the project” shall be replaced by “the investment”, the following shall be added at the end of the sentence: “, or on the financial strength of the debtor” and the following new second subparagraph shall be added:”Furthermore, in accordance with the principles established by the Board of Governors pursuant to Article 7(3)(b), and where the implementation of projects provided for in Article 267 of the Treaty on the Functioning of the European Union so requires, the Board of Directors shall, acting by a qualified majority, lay down the terms and conditions of any financing operation presenting a specific risk profile and thus considered to be a special activity.”(iii) paragraph 5 shall be replaced by the following:”5. The aggregate amount outstanding at any time of loans and guarantees granted by the Bank shall not exceed 250 % of its subscribed capital, reserves, non‑allocated provisions and profit and loss account surplus. The latter aggregate amount shall be reduced by an amount equal to the amount subscribed (whether or not paid in) for any equity participation of the Bank.The amount of the Bank’s disbursed equity participations shall not exceed at any time an amount corresponding to the total of its paid-in subscribed capital, reserves, non-allocated provisions and profit and loss account surplus.By way of exception, the special activities of the Bank, as decided by the Board of Governors and the Board of Directors in accordance with paragraph 3, will have a specific allocation of reserve.This paragraph shall also apply to the consolidated accounts of the Bank.”(o) in paragraph 1 of Article 19, renumbered 17, the words “commission on guarantees” shall be replaced by “commission and other charges” and the words “and risks” shall be inserted after “to cover its expenses”; in paragraph 2, the words “the project” shall be replaced by “the investment”;(p) Article 20, renumbered 18, shall be amended as follows:(i) in the introductory phrase, the words “loan and guarantee operations” shall be replaced by “financing operations”;(ii) in paragraph 1, point (a), the words “projects carried out by” shall be replaced by “investments by”, the words “in other cases” shall be replaced by “in the case of other investments” and the words “in which the project is carried out” shall be replaced by “in which the investment is made”; in point (b), the words “of the project” shall be replaced by “of the investment”;(iii) in paragraph 2, the following new second subparagraph shall be added:”However, in accordance with the principles determined by the Board of Governors pursuant to Article 7(3)(b), and where the implementation of operations provided for in Article 267 of the Treaty on the Functioning of the European Union so requires, the Board of Directors shall, acting by a qualified majority, lay down the terms and conditions for taking an equity participation in a commercial undertaking, normally as a complement to a loan or a guarantee, insofar as this is required to finance an investment or programme.”;(iv) in paragraph 6, the words “any project” shall be replaced by “any investment”;(v) the following new paragraph 7 shall be added:”7. As a complement to its lending activity, the Bank may provide technical assistance services in accordance with the terms and conditions laid down by the Board of Governors, acting by a qualified majority, and in compliance with this Statute.”(q) Article 21, renumbered 19, shall be amended as follows:(i) paragraph 1 shall be replaced by the following:”1. Any undertaking or public or private entity may apply directly to the Bank for financing. Applications to the Bank may also be made either through the Commission or through the Member State on whose territory the investment will be carried out.”;(ii) in paragraph 2, the words “the project” shall be replaced by “the investment”;(iii) in paragraph 3 and in the first sentence of paragraph 4, the words “applications for loans or guarantees” shall be replaced by “financing operations”;(iv) in paragraph 4, the reference in the first sentence to Article 20 shall be replaced by a reference to Articles 18 and 20, renumbered 16 and 18 respectively; in the second sentence, the words “granting the loan or guarantee” shall be replaced by “the financing operation” and the words “draft contract” shall be replaced by “corresponding proposal”; in the last sentence, the words “loan or guarantee” shall be replaced by “finance”;(v) in paragraphs 5, 6 and 7, the words “loan or guarantee” shall be replaced by “finance”;(vi) the following new paragraph 8 shall be added:”8. In the event that a financing operation relating to an approved investment has to be restructured in order to safeguard the Bank’s rights and interests, the Management Committee shall take without delay the emergency measures which it deems necessary, subject to immediate reporting thereon to the Board of Directors.”(r) in Article 22, renumbered 20, the word “international” shall be deleted from paragraph 1 and paragraph 2 shall be replaced by the following:”2. The Bank may borrow on the capital markets of the Member States in accordance with the legal provisions applying to those markets.The competent authorities of a Member State with a derogation within the meaning of Article 116a(1) of the Treaty on the Functioning of the European Union may oppose this only if there is reason to fear serious disturbances on the capital market of that State.”;(s) in paragraph 1(b) of Article 23, renumbered 21, the words “issued by itself or by those who have borrowed from it” shall be deleted and in paragraph 3 the words “the bank of issue” shall be replaced by “the national central bank”;(t) in Article 25, renumbered 23, the words “a Member State whose currency is not the euro” shall be inserted to replace “one Member State” in paragraph 1, first sentence, and to replace “a Member State” in paragraph 2; in paragraph 1, first sentence, the words “into the currency of another Member State” shall be deleted, in paragraph 3 the words “in gold or convertible currency and” shall be deleted and in paragraph 4 the word “projects” shall be replaced by “investment”;(u) in Article 26, renumbered 24, the words “, to grant its special loans” shall be deleted;(v) in paragraph 2 of Article 27, renumbered 25, the following sentence shall be added at the end: “It shall ensure that the rights of the members of staff are safeguarded.”;(w) in the first paragraph of Article 29, renumbered 27, the words “of the European Union” shall be added at the end and the following sentence shall be added: “The Bank may provide for arbitration in any contract.”; in the second paragraph the words “or provide for arbitration” shall be deleted;(x) Article 30, renumbered 28, shall be replaced by the following:”Article 281. The Board of Governors may, acting unanimously, decide to establish subsidiaries or other entities, which shall have legal personality and financial autonomy.2. The Board of Governors shall establish the Statutes of the bodies referred to in paragraph 1. The Statutes shall define, in particular, their objectives, structure, capital, membership, the location of their seat, their financial resources, means of intervention and auditing arrangements, as well as their relationship with the organs of the Bank.3. The Bank shall be entitled to participate in the management of these bodies and contribute to their subscribed capital up to the amount determined by the Board of Governors, acting unanimously.4. The Protocol on the privileges and immunities of the European Union shall apply to the bodies referred to in paragraph 1 insofar as they are incorporated under Union law, to the members of their organs in the performance of their duties as such and to their staff, under the same terms and conditions as those applicable to the Bank.Those dividends, capital gains or other forms of revenue stemming from such bodies to which the members, other than the European Union and the Bank, are entitled, shall however remain subject to the fiscal provisions of the applicable legislation.5. The Court of Justice of the European Union shall, within the limits hereinafter laid down, have jurisdiction in disputes concerning measures adopted by organs of a body incorporated under Union law. Proceedings against such measures may be instituted by any member of such a body in its capacity as such or by Member States under the conditions laid down in Article 230 of the Treaty on the Functioning of the European Union.6. The Board of Governors may, acting unanimously, decide to admit the staff of bodies incorporated under Union law to joint schemes with the Bank, in compliance with the respective internal procedures.”Protocol on the location of seats13) The Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol shall be amended as follows:(a) in the title of the Protocol, and in the preamble, the words “, offices, agencies” shall be inserted before “and departments”; in the title of the Protocol words “and of Europol” shall be deleted;(b) in the first citation in the preamble, the reference to the Treaty establishing the European Community shall be replaced by a reference to the Treaty on the Functioning of the European Union and the reference to Article 77 of the Treaty establishing the European Coal and Steel Community shall be d