Error 503 Service Unavailable Service Unavailable Guru Meditation: XID: 1071392110 __________________________________________________________________ Varnish cache server Amazon * Your Amazon.co.uk * Today's Deals * Gift Cards * Sell * Help January Deals Shop by Department Search All [All Departments_____________] ____________________ Go Hello. Sign in Your Account Join Prime Basket 0 Wish List * Help * Warehouse Deals * Subscribe & Save * Amazon Family * Outlet * Amazon Prime * Mobile Apps * Amazon Toolbar Help > Security, Privacy & Accessibility > Conditions of Use & Sale Topics Security, Privacy & Accessibility Conditions of Use & Sale * (Prior Version) Conditions of Use & Sale, September 5, 2012 * Changes to the Conditions of Use & Sale, June 29, 2012 * Changes to the Conditions of Use & Sale, February 22, 2012 * Changes to the Conditions of Use & Sale, January 27, 2012 * Changes to the Conditions of Use & Sale, March 3, 2011 * Changes to the Conditions of Use & Sale, May 1, 2007 * Changes to the Conditions of Use & Sale, February 24, 2007 Other Help Areas * Dispatch & Delivery * Returns and Refunds * Ordering * Manage Your Account * Kindle * Amazon MP3 Downloads * Amazon Cloud Drive * Amazon Appstore for Android * Gifts, Gift Certificates and Registries * Amazon.co.uk Marketplace * Publisher & Vendor Guides * Products & Services * Security, Privacy & Accessibility * Technical Information Search Help: ____________________ Search Help AMAZON.CO.UK CONDITIONS OF USE AND SALE Last updated on September 5, 2012 Welcome to Amazon.co.uk. Amazon EU SARL and/or its affiliates ("Amazon") provide website features and other products and services to you when you visit or shop at Amazon.co.uk (the "website"), use Amazon products or services, use Amazon applications for mobile, or use software provided by Amazon in connection with any of the foregoing (collectively "Amazon Services"). Amazon provides the Amazon Services and sells our products to you subject to the conditions set out on this page. Conditions of Use Conditions of Sale CONDITIONS OF USE Please read these conditions carefully before using Amazon Services. By using Amazon Services, you signify your agreement to be bound by these conditions. We offer a wide range of Amazon Services, and sometimes additional terms may apply. When you use an Amazon Service (for example Your Profile, Gift Cards or Amazon applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Amazon Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. Notice and Procedure for Making Claims of Right Infringements Notice and Procedure for Notifying Amazon of Defamatory Content 1 PRIVACY Please review our Privacy Notice and Cookies & Internet Advertising Policy, which also govern your use of Amazon Services, to understand our practices. 2 ELECTRONIC COMMUNICATIONS When you use any Amazon Service or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website or through the other Amazon Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication. 3 COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS All content included in or made available through any Amazon Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Amazon or its content suppliers and is protected by Luxembourg and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Amazon Service is the exclusive property of Amazon and is protected by Luxembourg and international copyright and database right laws. You may not extract and/or re-utilise parts of the content of any Amazon Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Amazon Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Amazon Service (e.g. our prices and product listings) without our express written consent. 4 TRADEMARKS Click here to see a non-exhaustive list of Amazon trademarks. In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Amazon Service are trademarks or trade dress of Amazon. Amazon's trademarks and trade dress may not be used in connection with any product or service that is not Amazon's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Amazon. All other trademarks not owned by Amazon that appear in any Amazon Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Amazon. 5 PATENTS One or more patents owned by Amazon apply to the Amazon Services and to the features and services accessible via the Amazon Services. Portions of the Amazon Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Amazon patents and applicable licensed patents. 6 LICENCE AND ACCESS Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Amazon or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Amazon Services. This licence does not include any resale or commercial use of any Amazon Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Amazon Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Amazon or its licensors, suppliers, publishers, rights holders, or other content providers. No Amazon Service, nor any part of any Amazon Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Amazon without our express written consent. You may not use any meta tags or any other "hidden text" utilising Amazon's names or trademarks without our express written consent. You may not misuse the Amazon Services. You may use the Amazon Services only as permitted by law. The licenses granted by Amazon terminate if you do not comply with these Conditions of Use or any Service Terms. 7 YOUR ACCOUNT If you use any Amazon Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Your Account area of the website. You must not use any Amazon Service: (i) in any way that causes, or is likely to cause, any Amazon Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety. We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies. 8 REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid Notice Form, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on any Amazon Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Amazon Service, please notify us by completing and submitting the appropriate Notice Form and we will respond. If you post content or submit material, and unless we indicate otherwise, you grant: (a) Amazon a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Amazon, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Amazon including the execution of deeds and documents, at our request. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Amazon for all claims brought by a third party against Amazon arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (Notice Form) arising out of or on the grounds of, or originating from the content that you have communicated to us. 9 INTELLECTUAL PROPERTY CLAIMS Amazon respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements. 10 AMAZON SOFTWARE TERMS In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Amazon Services (the "Amazon Software"). 11 OTHER BUSINESSES Parties other than Amazon operate stores, provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Amazon does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use. 12 AMAZON'S ROLE Amazon allows third party sellers to list and sell their products at Amazon.co.uk. In each such case this is indicated on the respective product detail page. While Amazon as a platform provider helps facilitate transactions that are carried out on the Amazon platform, Amazon is neither the buyer nor the seller of the seller's items. Amazon provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. Amazon is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Because Amazon wants the buyer to have a safer buying experience, Amazon provides the Amazon a-to-z guarantee in addition to any contractual or other rights. For conditions relating to the sale by third parties to you on Amazon.co.uk see the Participation Agreement. 13 OUR LIABILITY We will do our utmost to ensure that availability of the Amazon Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Amazon Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. Amazon will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Amazon Services. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights. Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct. 14 APPLICABLE LAW These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Luxembourg or in the EU country in which you live. 15 ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE We reserve the right to make changes to any Amazon Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Amazon Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. 16 WAIVER If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use. 17 CHILDREN We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may use the Amazon Services only with the involvement of a parent or guardian. 18 OUR CONTACT DETAILS Amazon.co.uk is the trading name for Amazon EU SARL, Amazon Services Europe SARL and Amazon Media EU SARL. This website (excluding the Amazon.co.uk Marketplace and MP3 Music Service) is owned and operated by Amazon EU SARL. The Amazon.co.uk Marketplace, together with any other third-party seller programmes operated on the website from time to time are operated by Amazon Services Europe SARL. The MP3 Music Service is operated by Amazon Media EU SARL. For Amazon EU SARL: Amazon EU SARL, Société à responsabilité limitée, 5 Rue Plaetis, L-2338 Luxembourg Share capital: EUR 37,500 Registered in Luxembourg RCS Luxembourg No: B-101818 Business Licence Number: 104408 Luxembourg VAT Registration Number: LU 20260743 For Amazon Services Europe SARL: Amazon Services Europe SARL, Société à responsabilité limitée, 5 Rue Plaetis, L-2338 Luxembourg Share capital: EUR 12,500 Registered in Luxembourg RCS Luxembourg No: B-93815 Business Licence Number: 100416 Luxembourg VAT Registration Number: LU 19647148 For Amazon Media EU SARL: Amazon Media EU SARL, Société à responsabilité limitée, 5 Rue Plaetis, L-2338 Luxembourg Share capital: EUR 12,500 Registered in Luxembourg RCS Luxembourg No: 112767 Business Licence Number: 110001 Luxembourg VAT Registration Number: LU 20944528 19 NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement. Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Amazon the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Amazon for all claims brought by a third party against Amazon arising out of or in connection with the submission of a Notice Form. Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on Amazon.co.uk and are posted solely at the direction of Third Party Sellers who may be contacted via their "Seller Information" page, accessible from any of their listings. ASIN and ISBN-10, Defined: "ASIN" stands for Amazon Standard Item (or Identification) Number and is a ten (10) character identifier. It can be found below any listing under "Product Details". "ISBN-10" stands for International Standard Book Number and is a ten (10) digit identifier that can be found on some book listings under "Product Details". Important Warning: giving false, misleading or inaccurate information in the Notice Form to Amazon may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions. 20 NOTICE AND PROCEDURE FOR NOTIFYING AMAZON OF DEFAMATORY CONTENT Because millions of products are listed and many thousands of comments are hosted on Amazon.co.uk, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, we operate on a "notice and action" basis. If you believe that any content on or advertised for sale on, the website contains a defamatory statement, please notify us immediately by completing and submitting a Notice. Follow the instructions in the Notice and send a printed and signed copy to: Defamation Notices, Legal Department, c/o Patriot Court, 1-9 The Grove, Slough, Berkshire, SL1 1QP. Important Warning: giving false, misleading or inaccurate information in the Notice to Amazon may result in civil and/or criminal liability. ADDITIONAL AMAZON SOFTWARE TERMS 1. Use of the Amazon Software.You may use Amazon Software solely for purposes of enabling you to use and enjoy the Amazon Services as provided by Amazon, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Amazon Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Amazon Software or otherwise assign any rights to the Amazon Software in whole or in part. You may not use the Amazon Software for any illegal purpose. We may cease providing any Amazon Software and we may terminate your right to use any Amazon Software at any time. Your rights to use the Amazon Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Amazon Software that are specifically identified in related documentation may apply to that Amazon Software (or software incorporated with the Amazon Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Amazon Service is the property of Amazon or its software suppliers and protected by Luxembourg and international copyright laws. 2. Use of Third Party Services. When you use the Amazon Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. 3. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Amazon Software, whether in whole or in part, or create any derivative works from or of the Amazon Software. 4. Updates. In order to keep the Amazon Software up-to-date, we may offer automatic or manual updates at any time and without notice to you. CONDITIONS OF SALE These Conditions of Sale govern the sale of products by Amazon EU SARL to you. Amazon.co.uk is a trading name of Amazon EU SARL. For conditions relating to the sale by third parties to you on Amazon.co.uk see the Participation Agreement. We offer a wide range of Amazon Services, and sometimes additional terms may apply. When you use an Amazon Service (for example Your Profile, Gift Cards or Amazon applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Amazon Service ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control. Please read these conditions carefully before placing an order with Amazon EU SARL. By placing an order with Amazon EU SARL, you signify your agreement to be bound by these conditions. 1 OUR CONTRACT Your order is an offer to Amazon to buy the product(s) in your order. When you place an order to purchase a product from Amazon, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Disptach Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with Amazon EU SARL. Without affecting your right of withdrawal set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household. 2 RETURNS Please review our Returns Policy which applies to products sold by Amazon. In addition to your 30-days returns guarantee, customers in the European Union are entitled to a statutory withdrawal right of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy. Amazon does not take title to returned items until the items arrive at the returns address destination. At our discretion, a refund may be issued without requiring a return. In this situation, Amazon does not take title to the refunded item. 3 PRICING AND AVAILABILITY All prices are inclusive of legally applicable VAT. We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products. Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such. Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. 4 PRODUCT INFORMATION Unless expressly indicated otherwise, Amazon is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use. For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. Amazon accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights. 5 CUSTOMS When ordering products from Amazon for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Amazon, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information see Customs Information. 6 1-CLICK ORDERING 1-Click ordering is the fastest and easiest way to order products safely and securely from Amazon. If you are using a public or shared computer terminal, we strongly recommend that you deactivate 1-Click ordering when you are not at the computer. 7 OUR LIABILITY Amazon and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights. Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch. 8 APPLICABLE LAW These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the District of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in Luxembourg or in the EU country in which you live. 9 AMENDMENTS TO THE CONDITIONS OF SALE We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. 10 WAIVER If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale. 11 CHILDREN We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use Amazon.co.uk with the involvement of a parent or guardian. 12 OUR CONTACT DETAILS Amazon.co.uk is the trading name of Amazon EU SARL. Our contact details are: Amazon EU SARL, Société à responsabilité limitée, 5 Rue Plaetis, L2338 Luxembourg Share Capital: EUR 37,500 Registered in Luxembourg RCS Luxembourg No: B-101818 Business Licence Number: 104408 Luxembourg VAT Registration Number: LU 20260743 Please read these conditions of use and sale carefully before using the Amazon.co.uk website. By using the Amazon.co.uk website, you signify your agreement to be bound by these conditions. 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Check out m.twitter.com! * Skip to navigation * Skip to sign in form Loader Terms of Service These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the "Services" or “Twitter”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. 1. Basic Terms You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to the account settings page to control who sees your Content). You should only provide Content that you are comfortable sharing with others under these Terms. Tip What you say on Twitter may be viewed all around the world instantly. You are what you Tweet! You may use the Services only if you can form a binding contract with Twitter and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that Twitter provides are always evolving and the form and nature of the Services that Twitter provides may change from time to time without prior notice to you. In addition, Twitter may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Twitter on the Services are subject to change. In consideration for Twitter granting you access to and use of the Services, you agree that Twitter and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. 2. Privacy Any information that you provide to Twitter is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Twitter. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Twitter account, which you may not be able to opt-out from receiving. Tip You can opt-out of most communications from Twitter including our newsletter, new follower emails, etc. Please see the Notifications tab of Settings for more. 3. Passwords You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Twitter cannot and will not be liable for any loss or damage arising from your failure to comply with the above. 4. Content on the Services All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Twitter be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. 5. Your Rights You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Tip This license is you authorizing us to make your Tweets available to the rest of the world and to let others do the same. You agree that this license includes the right for Twitter to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Twitter for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Tip Twitter has an evolving set of rules for how ecosystem partners can interact with your Content. These rules exist to enable an open ecosystem with your rights in mind. But what’s yours is yours – you own your Content (and your photos are part of that Content). Such additional uses by Twitter, or other companies, organizations or individuals who partner with Twitter, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Twitter will not be responsible or liable for any use of your Content by Twitter in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. 6. Your License To Use the Services Twitter gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Twitter as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Twitter, in the manner permitted by these Terms. 7. Twitter Rights All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Twitter and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Twitter name or any of the Twitter trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Twitter, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. 8. Restrictions on Content and Use of the Services Please review the Twitter Rules (which are part of these Terms) to better understand what is prohibited on the Service. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Twitter, its users and the public. Tip Twitter does not disclose personally identifying information to third parties except in accordance with our Privacy Policy. Except as permitted through the Services, these Terms, or the terms provided on dev.twitter.com, you have to use the Twitter API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services. Tip We encourage and permit broad re-use of Content. The Twitter API exists to enable this. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Twitter’s computer systems, or the technical delivery systems of Twitter’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Twitter (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Twitter (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Twitter is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. 9. Copyright Policy Twitter respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Twitter will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: Twitter, Inc. Attn: Copyright Agent 1355 Market Street, Suite 900 San Francisco, CA 94103 Reports: https://support.twitter.com/forms/dmca Email: copyright@twitter.com 10. Ending These Terms The Terms will continue to apply until terminated by either you or Twitter as follows. You may end your legal agreement with Twitter at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Twitter when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Twitter Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12. Nothing in this section shall affect Twitter’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1. 11.Disclaimers and Limitations of Liability Please read this section carefully since it limits the liability of Twitter and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Twitter Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. A. The Services are Available "AS-IS" Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE TWITTER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Twitter Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Twitter Entities or through the Services, will create any warranty not expressly made herein. B. Links The Services may contain links to third-party websites or resources. You acknowledge and agree that the Twitter Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Twitter Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. C. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TWITTER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TWITTER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TWITTER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TWITTER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 12. General Terms A. Waiver and Severability The failure of Twitter to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. B. Controlling Law and Jurisdiction These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law). C. Entire Agreement These Terms, the Twitter Rules and our Privacy Policy are the entire and exclusive agreement between Twitter and you regarding the Services (excluding any services for which you have a separate agreement with Twitter that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Twitter and you regarding the Services. Other than members of the group of companies of which Twitter, Inc. is the parent, no other person or company will be third party beneficiaries to the Terms. We may revise these Terms from time to time, the most current version will always be at twitter.com/tos. If the revision, in our sole discretion, is material we will notify you via an @Twitter update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. These Services are operated and provided by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103. If you have any questions about these Terms, please contact us. Effective: June 25, 2012 Archive of Previous Terms Footer * © 2013 Twitter * About Us * Contact * Blog * Status * Resources * API * Business * Help * Jobs * Terms * Privacy * Apple * Store * Mac * iPod * iPhone * iPad * iTunes * Support Search ____________________ TERMS AND CONDITIONS A. ITUNES STORE, MAC APP STORE, APP STORE, AND IBOOKSTORE TERMS OF SALE B. ITUNES STORE TERMS AND CONDITIONS C. MAC APP STORE, APP STORE AND IBOOKSTORE TERMS AND CONDITIONS THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE ITUNES STORE, MAC APP STORE, APP STORE, AND IBOOKSTORE SERVICES ("SERVICES"). TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICES. A. ITUNES STORE, MAC APP STORE, APP STORE, AND IBOOKSTORE TERMS OF SALE PAYMENTS, TAXES, AND REFUND POLICY You agree that you will pay for all products you purchase through the Services, and that Apple may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING APPLE WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. For details of how purchases are billed please visit support.apple.com/kb/HT5582. Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable. All sales and rentals of products are final. Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering. If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Apple. 1-Click® 1-Click is a registered service mark of Amazon.com, Inc., used under license. 1-Click is a convenient feature that allows you to make a purchase from the Services with a single click of your mouse or other input device. When accessing the Services on your computer, 1-Click purchasing may be activated via the dialog that appears when you click a Buy button. (You may reset this selection at any time by clicking Reset Warnings in your Account information). When accessing the Services on your Apple-branded products running iOS such as an iPad, iPod touch, or iPhone (“iOS Device”), 1-Click is activated for each transaction by tapping the button showing the price of the product, which reveals the Buy button. When 1-Click is activated, clicking or tapping the Buy button starts the download immediately and completes your transaction without any further steps. GIFT CERTIFICATES, ITUNES CARDS, ALLOWANCES, AND CONTENT CODES Gift Certificates, iTunes Cards, and Allowances are issued and managed by Apple Value Services, LLC (“Issuer”). Gift Certificates, iTunes Cards, Content Codes, and Allowances, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gifts, Gift Certificates, or iTunes Cards; used to provide Allowances; used for purchases on the Apple Online Store; or used in Apple Retail Stores. Unused balances are not transferable. Gift Certificates, iTunes Cards, Content Codes, and Allowances purchased in the United States may be redeemed through the Services only in the United States, its territories, and possessions. The Gift Certificate/iTunes Card cash value is 1/10 of one cent. Neither Issuer nor Apple is responsible for lost or stolen Gift Certificates, iTunes Cards, Content Codes, or Allowances. Risk of loss and title for Gift Certificates, iTunes Cards, and Allowances transmitted electronically pass to the purchaser in Virginia upon electronic transmission to the recipient. Risk of loss and title for Content Codes transmitted electronically pass in California upon electronic transmission from Apple; for avoidance of doubt, such recipient may not always be you. Apple reserves the right to close accounts and request alternative forms of payment if a Gift Certificate, iTunes Card, Content Code, or Allowance is fraudulently obtained or used on the Service. APPLE, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, ITUNES CARDS, CONTENT CODES, ALLOWANCES, OR THE ITUNES STORE, APP STORE, MAC APP STORE, OR IBOOKSTORE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, ITUNES CARD, CONTENT CODE, OR ALLOWANCE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE, ITUNES CARD, CONTENT CODE, OR ALLOWANCE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS. GIFTS Gifts purchased from the Services may be purchased only for, and redeemed only by, persons in the United States, its territories, and possessions. Gift recipients must have compatible hardware and parental control settings to utilize some gifts. PRE-ORDERS By pre-ordering products, you are authorizing the Services to automatically charge your account and download the product when it becomes available. You may cancel your pre-order prior to the time the item becomes available. ELECTRONIC CONTRACTING Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. Apple is not responsible for typographic errors. B. ITUNES STORE TERMS AND CONDITIONS THIS LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") GOVERNS YOUR USE OF THE ITUNES STORE SERVICE (THE “ITUNES SERVICE”). THE ITUNES STORE SERVICE Apple is the provider of the iTunes Service, which permits you to purchase or rent digital content ("iTunes Products") for end user use only under the terms and conditions set forth in this Agreement. REQUIREMENTS FOR USE OF THE ITUNES SERVICE This iTunes Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. The iTunes Service is available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the iTunes Service from outside these locations. Apple may use technologies to verify your compliance. Use of the iTunes Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the iTunes Service and may be required for certain transactions or features and to download iTunes Products previously purchased from the iTunes Service. You agree that meeting these requirements, which may change from time to time, is your responsibility. The iTunes Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the iTunes Service. YOUR ACCOUNT As a registered user of the iTunes Service, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Apple of any security breach of your Account. Apple shall not be responsible for any losses arising out of the unauthorized use of your Account. In order to purchase and download iTunes Products from the iTunes Service, you must enter your Apple ID and password to authenticate your Account. Once you have authenticated your Account, you will not need to authenticate again for fifteen minutes. During this time, you will be able to purchase and download iTunes Products without re-entering your password. You can turn off the ability to make iTunes Product purchases by adjusting the settings on your computer or iOS Device. For more information, please see http://support.apple.com/kb/HT1904 or http://support.apple.com/kb/HT4213. You agree to provide accurate and complete information when you register with, and as you use, the iTunes Service ("iTunes Registration Data"), and you agree to update your iTunes Registration Data to keep it accurate and complete. You agree that Apple may store and use the iTunes Registration Data you provide for use in maintaining and billing fees to your Account. AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES When you first acquire music iTunes Products and music video iTunes Products (collectively, “iTunes Auto-Delivery Content”), you may elect to automatically receive (“auto-download”) copies of such iTunes Auto-Delivery Content on additional compatible iOS Devices and iTunes-authorized computers with compatible software by associating such iOS Devices and computers subject to the association rules below (each, an “Associated Device”). For each Associated Device, you may specify which type of iTunes Auto-Delivery Content, if any, may be auto-downloaded to it. On an Associated Device that is capable of receiving push notifications (“Push-Enabled”), including iOS Devices, the iTunes Auto-Delivery Content will auto-download to that Associated Device when it has an Internet connection; on an Associated Device that is not Push-Enabled, including those running on the Windows operating system, iTunes Auto-Delivery Content will automatically appear in the download queue and you may manually initiate the download within iTunes. As an accommodation to you, subsequent to acquiring iTunes Auto-Delivery Content, purchased (i.e. not rented) movies iTunes Products and TV show iTunes Products (each, “iTunes Eligible Content”), you may download certain of such previously-purchased iTunes Eligible Content onto any Associated Device. Some iTunes Eligible Content that you previously purchased may not be available for subsequent download at any given time, and Apple shall have no liability to you in such event. As you may not be able to subsequently download certain previously-purchased iTunes Eligible Content, once you download an item of iTunes Eligible Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up. Association of Associated Devices is subject to the following terms: (i) You may auto-download iTunes Auto-Delivery Content or download previously-purchased iTunes Eligible Content from an Account on up to 10 Associated Devices, provided no more than 5 are iTunes-authorized computers. (ii) An Associated Device can be associated with only one Account at any given time. (iii) You may switch an Associated Device to a different Account only once every 90 days. (iv) You may download previously-purchased free content onto an unlimited number of devices while it is free on the iTunes Service, but on no more than 5 iTunes-authorized computers. An Apple TV is not an “Associated Device.” However, TV show iTunes Products and purchased (i.e. not rented) movies iTunes Products may be played back on compatible Apple TVs, provided that you may only play back any such TV show or movie on a limited number of Apple TVs at the same time. Some pieces of iTunes Eligible Content may be large, and significant data charges may result from delivery of such iTunes Eligible Content over a data connection. ITUNES MATCH iTunes Match permits you to remotely access your matched or uploaded songs, and music videos you have purchased with your Account, along with related metadata, playlists, and other information about your iTunes Library (“iTunes Match Content”). You may subscribe to iTunes Match for an annual fee. You must have a valid credit card on file with iTunes to subscribe. The subscription is non-refundable (except as required by applicable law), and will automatically renew for one-year periods until you cancel. Your account will be charged no more than 24 hours prior to the expiration of the current subscription period. You may cancel automatic renewal by adjusting the iTunes Store account settings on your computer. You will no longer be able to access your iTunes Match Content from iTunes Match after the end of your subscription period. iTunes Match works with libraries that contain up to 25,000 songs which are either (i) not currently available on the iTunes Service, or (ii) not purchased from the iTunes Service with your Account. Songs that do not meet certain quality criteria or that are not authorized for your computer are not eligible for iTunes Match. iTunes Match will automatically scan the song files and collect other information that may be used to identify media in your iTunes library, such as the names of songs, song artists or song durations. iTunes Match will use this information to match songs to those currently available on the iTunes Store, and will make matched songs available to you in a format then available on the iTunes Store. If the song is not successfully matched, your copy of the song will be uploaded to Apple in the same format or a format determined by Apple. Apple reserves the right to limit types of content uploaded (for example, excessively large files). Matched or uploaded songs and related metadata will be available for access from an Associated Device that has been enabled for iTunes Match. Association of Associated Devices for iTunes Match is subject to the same terms as Automatic Delivery and Downloading Previous Purchases, and uploaded or matched songs and related information are deemed to be “iTunes Eligible Content.” You may also access iTunes Match Content from compatible Apple TVs, provided that you may only do so on a limited number of Apple TVs at the same time. When you use iTunes Match, Genius will begin associating information about the media in your iTunes library with your Account; the association with your Account will continue for a period of time after your subscription ends. Apple will otherwise use this information as described in the Privacy Section of this Agreement. You will not be able to disable Genius while using iTunes Match, so if you prefer that we do not collect and use information from your iTunes library in this manner, you should not use iTunes Match. You hereby agree to use iTunes Match only for lawfully acquired content. Any use for illegitimate content infringes the rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement. iTunes Match is provided on an “AS IS” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information, including music, playlist, and play history, from your computer or device and from peripherals (including, without limitation, servers and other computers) connected thereto. You should back up all data and information on your computer or device and any peripherals prior to using iTunes Match. You expressly acknowledge and agree that all use of iTunes Match is at your sole risk. To the extent permitted by law, Apple shall have no liability with respect to your use of iTunes Match, including the inability to access matched or uploaded content. PRIVACY The iTunes Service is subject to Apple's Privacy Policy at http://www.apple.com/privacy/. When you opt in to the Genius feature, Apple will, from time to time, automatically collect information that can be used to identify media in your iTunes library on this computer, such as your play history and playlists. This includes media purchased through iTunes and media obtained from other sources. This information will be stored anonymously and will not be associated with your name or Account. When you use the Genius feature, Apple will use this information and the contents of your iTunes library, as well as other information, to give personalized recommendations to you. Apple may only use this information and combine it with aggregated information from the iTunes libraries of other users who also opt in to this feature, your iTunes Store purchase history data, aggregated purchase history data from other iTunes Store users, and other information obtained from third parties, to: • Create personalized playlists for you from your iTunes library. • Provide you with recommendations regarding media and other products and services that you may wish to purchase. • Provide recommendations regarding products and services to other users. At all times your information will be treated in accordance with Apple’s Privacy Policy. Once you opt in to the Genius feature in iTunes, you will be able to create Genius playlists on Genius-capable devices. To enable the Genius feature on a device, you must sync it with your iTunes library after you have opted in. If you prefer that we do not collect and use information from your iTunes library in this manner, you should not enable the Genius feature. You can revoke your opt-in choice at any time by turning off the Genius feature from the Store menu in iTunes on your computer. After you opt out, iTunes will no longer send information about your iTunes library to Apple. If you have elected to share your library from multiple computers, you need to turn off the Genius feature from each computer. The Genius feature cannot be enabled or disabled from your device. By opting in to the Genius feature, you consent to the use of your information as described above and as described in Apple’s Privacy Policy. CONTENT AVAILABILITY Apple reserves the right to change content options (including eligibility for particular features) without notice. For further information or concerns about closed captioning in specific content within the iTunes Store, please emailaccessibility@apple.com. You may also contact Thomas Montgomery, Accessibility Response Engineer, 1 Infinite Loop, Cupertino, California 95014, Phone/Fax: 408-783-5512. USE OF PURCHASED OR RENTED CONTENT You agree that the iTunes Service and certain iTunes Products include security technology that limits your use of iTunes Products and that, whether or not iTunes Products are limited by security technology, you shall use iTunes Products in compliance with the applicable usage rules established by Apple and its licensors (“Usage Rules”), and that any other use of the iTunes Products may constitute a copyright infringement. Any security technology is an inseparable part of the iTunes Products. Apple reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Apple for compliance purposes, and Apple reserves the right to enforce the Usage Rules without notice to you. You agree not to access the iTunes Service by any means other than through software that is provided by Apple for accessing the iTunes Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the iTunes Service. Violations of system or network security may result in civil or criminal liability. USAGE RULES (i) You shall be authorized to use iTunes Products only for personal, noncommercial use. (ii) You shall be authorized to use iTunes Products on five iTunes-authorized devices at any time, except for Content Rentals (see below). (iii) You shall be able to store iTunes Products from up to five different Accounts at a time on compatible devices, provided that each iPhone may sync tone iTunes Products with only a single iTunes-authorized device at a time, and syncing an iPhone with a different iTunes-authorized device will cause tone iTunes Products stored on that iPhone to be erased. (iv) You shall be authorized to burn an audio playlist up to seven times. (v) You shall not be entitled to burn video iTunes Products or tone iTunes Products. (vi) iTunes Plus Products do not contain security technology that limits your usage of such products, and Usage Rules (ii) – (v) do not apply to iTunes Plus Products. You may copy, store, and burn iTunes Plus Products as reasonably necessary for personal, noncommercial use. (vii) You shall be able to manually sync a movie from at least one iTunes-authorized device to devices that have manual sync mode, provided that the movie is associated with an Account on the primary iTunes-authorized device, where the primary iTunes-authorized device is the one that was first synced with the device or the one that you subsequently designate as primary using iTunes. (viii) An HDCP connection is required to view content transmitted over HDMI. (ix) Content Rentals (a) Content rentals are viewable on only one device at a time. You must be connected to the iTunes Service when moving rentals, and you may do so only between your computer and other compatible devices. Content rented using your Apple TV, iPad, iPhone 4, or iPod touch (4th generation) may not be moved. If you move a rental to a compatible device and then use the iTunes Service to restore that device, or choose Settings > Reset > Erase all content and settings on that device, the rental will be permanently deleted. (b) Once you purchase a rental, you must fully download the rental within thirty (30) days. You have thirty (30) days after downloading a rental to begin viewing. Once you begin viewing, you have twenty-four (24) hours to finish viewing a movie. Stopping, pausing, or restarting a rental does not extend the available time for viewing. Some iTunes Products, including but not limited to Content rentals, may be downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage iTunes Products once downloaded, and you may wish to back them up. The delivery of iTunes Products does not transfer to you any commercial or promotional use rights in the iTunes Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any iTunes Product. You acknowledge that, because some aspects of the iTunes Service, iTunes Products, and administration of the Usage Rules entails the ongoing involvement of Apple, if Apple changes any part of or discontinues the iTunes Service, which Apple may do at its election, you may not be able to use iTunes Products to the same extent as prior to such change or discontinuation, and that Apple shall have no liability to you in such case. SEASON PASS, MULTI-PASS, ITUNES PASS The full price of the Season Pass, Multi-Pass, or iTunes Pass is charged upon purchase. You must connect to the iTunes Service and download any remaining Pass content within 90 days after the final Pass content becomes available (or such other time period as may be specified on the purchase page), after which that content may no longer be available for download as part of the purchase. If automatic renewal is selected when you purchase a Multi-Pass, you will be charged the full price of each subsequent Multi-Pass cycle, unless and until you cancel automatic renewal prior to the beginning of the subsequent Multi-Pass cycle (in the Manage Passes section of your Account information). If a network or studio delivers fewer TV episodes than planned when you purchased a Season Pass, we will credit to your Account the retail value of the corresponding number of episodes. HIGH-DEFINITION (HD) ITUNES PRODUCTS HD iTunes Products are viewable only on HD capable devices; however, HD iTunes Products purchased (not rented) include a standard-definition version for use on non-HD devices. SUBMISSIONS TO THE ITUNES SERVICE The iTunes Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the iTunes Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the iTunes Service. You hereby grant Apple a worldwide, royalty-free, nonexclusive license to use such materials as part of the iTunes Service, and in relation to iTunes Products, without any compensation or obligation to you. Apple reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. Apple has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the iTunes Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Apple in its sole discretion deems appropriate, including, without limitation, termination hereunder or under Apple’s Copyright Policy (http://www.apple.com/legal/copyright.html). THIRD-PARTY MATERIALS Certain content, iTunes Products, and services available via the iTunes Service may include materials from third parties. Apple may provide links to third-party websites as a convenience to you. You agree that Apple is not responsible for examining or evaluating the content or accuracy and Apple does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Apple is not in any way responsible for any such use by you. OBJECTIONABLE MATERIAL You understand that by using the iTunes Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the iTunes Service at your sole risk and Apple shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. iTunes Product types and descriptions are provided for convenience, and you agree that Apple does not guarantee their accuracy. IMPORTANT SAFETY INFORMATION To avoid muscle, joint, or eye strain during your use of the products offered through the iTunes Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the iTunes Service if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products. Parents should monitor their children’s use of the products offered through the iTunes Service for signs of symptoms. INTELLECTUAL PROPERTY You agree that the iTunes Service, including but not limited to iTunes Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the iTunes Service, contains proprietary information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the iTunes Service in compliance with this Agreement. No portion of the iTunes Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the iTunes Service in any manner, and you shall not exploit the iTunes Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of this Agreement, Apple and its licensors reserve the right to change, suspend, remove, or disable access to any iTunes Products, content, or other materials comprising a part of the iTunes Service at any time without notice. In no event will Apple be liable for making these changes. Apple may also impose limits on the use of or access to certain features or portions of the iTunes Service, in any case and without notice or liability. All copyrights in and to the iTunes Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Apple and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE ITUNES SERVICE, EXCEPT FOR USE OF THE ITUNES SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. Apple, the Apple logo, iTunes, and other Apple trademarks, service marks, graphics, and logos used in connection with the iTunes Service are trademarks or registered trademarks of Apple Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the iTunes Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. As an Account holder of the iTunes Service in good standing, you may be provided with limited access to download certain album cover art for music stored in the iTunes Library of your iTunes application. Such access is provided as an accommodation only, and Apple does not warrant, and will not have any liability or responsibility for, such album cover art or your use thereof. You may access album cover art only for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any other party, and that Apple is not in any way responsible for any such use by you. TERMINATION If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this Agreement, Apple, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the iTunes Service (or any part thereof). Apple reserves the right to modify, suspend, or discontinue the iTunes Service (or any part or content thereof) at any time with or without notice to you, and Apple will not be liable to you or to any third party should it exercise such rights. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ITUNES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE ITUNES SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE ITUNES SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE ITUNES SERVICE IS AT YOUR SOLE RISK. THE ITUNES SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE ITUNES SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE ITUNES SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE ITUNES SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ITUNES SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE ITUNES SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND APPLE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE ITUNES SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY ITUNES PRODUCTS PURCHASED OR RENTED FROM THE ITUNES STORE. WAIVER AND INDEMNITY BY USING THE ITUNES SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE ITUNES SERVICE, OR ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE ITUNES SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. CHANGES Apple reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the iTunes Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the iTunes Service will be deemed acceptance thereof. MISCELLANEOUS This Agreement constitutes the entire agreement between you and Apple and governs your use of the iTunes Service, superseding any prior agreements between you and Apple. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Apple's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control. The iTunes Service is operated by Apple from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the iTunes Service. All transactions on the iTunes Service are governed by California law, without giving effect to its conflict of law provisions. Your use of the iTunes Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Apple or relating in any way to your use of the iTunes Service resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No Apple employee or agent has the authority to vary this Agreement. Apple may notify you with respect to the iTunes Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the iTunes Service. Notices shall become effective immediately. Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Apple has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Apple's right to cooperate with any legal process relating to your use of the iTunes Service and/or iTunes Products, and/or a third-party claim that your use of the iTunes Service and/or iTunes Products is unlawful and/or infringes such third party's rights). C. MAC APP STORE, APP STORE AND IBOOKSTORE TERMS AND CONDITIONS THIS LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") GOVERNS YOUR USE OF THE MAC APP STORE, APP STORE AND IBOOKSTORE SERVICES (THE “APP AND BOOK SERVICES”). THE MAC APP STORE, APP STORE AND IBOOKSTORE SERVICES Apple is the provider of the App and Book Services that permit you to license software products and digital content (the “App and Book Products”) for end user use only under the terms and conditions set forth in this Agreement. For App Store Products (defined below), end users may be individuals acting in their own capacities, commercial enterprises or educational institutions. REQUIREMENTS FOR USE OF THE APP AND BOOK SERVICES These App and Book Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. The App and Book Services are available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the App and Book Services from outside these locations. Apple may use technologies to verify your compliance. Use of the App and Book Services requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software (including, but not limited to iTunes and/or Mac App Store software) is recommended to access the App and Book Services and may be required for certain transactions or features and to download App and Book Products previously purchased from the App and Book Services. You agree that meeting these requirements, which may change from time to time, is your responsibility. The App and Book Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the App and Book Services. YOUR ACCOUNT As a registered user of the App and Book Services, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify Apple of any security breach of your Account. Apple shall not be responsible for any losses arising out of the unauthorized use of your Account. In order to purchase and download App and Book Products from the App and Book Services, you must enter your Apple ID and password to authenticate your Account. Once you have authenticated your Account, you will not need to authenticate again for fifteen minutes. During this time, you will be able to purchase and download App and Book Products without re-entering your password. You can turn off the ability to make App and Book Product purchases by adjusting the settings on your computer or iOS Device. For more information, please see http://support.apple.com/kb/HT1904 or http://support.apple.com/kb/HT4213. You agree to provide accurate and complete information when you register with, and as you use, the App and Book Services ("App and Book Registration Data"), and you agree to update your App and Book Registration Data to keep it accurate and complete. You agree that Apple may store and use the App and Book Registration Data you provide for use in maintaining and billing fees to your Account. AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES When you first acquire App Store Products, as defined below, (excluding products acquired from the Mac App Store) or iBookstore Products, as defined below, through the App and Book Services (collectively, “Eligible Content”), you may elect to automatically receive (“auto-download”) copies of such Eligible Content on additional compatible iOS Devices and iTunes-authorized computers with compatible software by associating such iOS Devices and computers subject to the association rules below (each, an “Associated Device”). For each Associated Device, you may specify which type of Eligible Content, if any, may be auto-downloaded to it. On an Associated Device that is capable of receiving push notifications (“Push-Enabled”), including iOS Devices, the Eligible Content will auto-download to that Associated Device when it has an Internet connection; on an Associated Device that is not Push-Enabled, including those running on the Windows operating system, Eligible Content will automatically appear in the download queue and you may manually initiate the download within iTunes. As an accommodation to you, subsequent to acquiring Eligible Content, you may download certain of such previously-purchased Eligible Content onto any Associated Device. Some Eligible Content that you previously purchased may not be available for subsequent download at any given time, and Apple shall have no liability to you in such event. As you may not be able to subsequently download certain previously-purchased Eligible Content, once you download an item of Eligible Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up. Association of Associated Devices is subject to the following terms: (i) You may auto-download Eligible Content or download previously-purchased Eligible Content from an Account on up to 10 Associated Devices, provided no more than 5 are iTunes-authorized computers. (ii) An Associated Device can be associated with only one Account at any given time. (iii) You may switch an Associated Device to a different Account only once every 90 days. (iv) You may download previously-purchased free content onto an unlimited number of devices while it is free on the App and Book Services, but on no more than 5 iTunes-authorized computers. The above terms (i) to (iv) do not apply to App Store Products. Some pieces of Eligible Content may be large, and significant data charges may result from delivery of such Eligible Content over a data connection. PRIVACY The App and Book Services are subject to Apple's Privacy Policy at http://www.apple.com/privacy/. USE OF APP AND BOOK PRODUCTS AND THE APP AND BOOK SERVICES You agree that the App and Book Services and certain App and Book Products include security technology that limits your use of App and Book Products and that, whether or not App and Book Products are limited by security technology, you shall use App and Book Products in compliance with the applicable usage rules established by Apple and its principals (“Usage Rules”), and that any other use of the App and Book Products may constitute a copyright infringement. Any security technology is an inseparable part of the App and Book Products. Apple reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Apple for compliance purposes, and Apple reserves the right to enforce the Usage Rules without notice to you. You agree not to access the App and Book Services by any means other than through software that is provided by Apple for accessing the App and Book Services. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the App and Book Services. Violations of system or network security may result in civil or criminal liability. The delivery of App and Book Products does not transfer to you any promotional use rights in the App and Book Products. You acknowledge that, because some aspects of the App and Book Services, App and Book Products, and administration of the Usage Rules entails the ongoing involvement of Apple, if Apple changes any part of or discontinues the App and Book Services, which Apple may do at its election, you may not be able to use App and Book Products to the same extent as prior to such change or discontinuation, and that Apple shall have no liability to you in such case. SUBMISSIONS TO THE APP AND BOOK SERVICES The App and Book Services may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the App and Book Services accessible and viewable by other users of the App and Book Services and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the App and Book Services. You hereby grant Apple a worldwide, royalty-free, nonexclusive license to use such materials as part of the App and Book Services, and in relation to App and Book Products, without any compensation or obligation to you. Apple reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. You may not submit reviews or ratings for App Store Products downloaded using a promotional Content Code. Apple has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the App and Book Services, to investigate any reported or apparent violation of this Agreement, and to take any action that Apple in its sole discretion deems appropriate, including, without limitation, termination hereunder or under Apple’s Copyright Policy (http://www.apple.com/legal/copyright.html). THIRD-PARTY MATERIALS Certain content, App and Book Products, and services available via the App and Book Services may include materials from third parties. Apple may provide links to third-party websites as a convenience to you. You agree that Apple is not responsible for examining or evaluating the content or accuracy and Apple does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Apple is not in any way responsible for any such use by you. OBJECTIONABLE MATERIAL You understand that by using the App and Book Services, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the App and Book Services at your sole risk and Apple shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. App and Book Product types and descriptions are provided for convenience, and you agree that Apple does not guarantee their accuracy. INTELLECTUAL PROPERTY You agree that the App and Book Services, including but not limited to App and Book Products, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the App and Book Services, contain proprietary information and material that is owned by Apple and/or its principals, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the App and Book Services in compliance with this Agreement. No portion of the App and Book Services may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the App and Book Services in any manner, and you shall not exploit the App and Book Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of this Agreement, Apple and its principals reserve the right to change, suspend, remove, or disable access to any App and Book Products, content, or other materials comprising a part of the App and Book Services at any time without notice. In no event will Apple be liable for making these changes. Apple may also impose limits on the use of or access to certain features or portions of the App and Book Services, in any case and without notice or liability. All copyrights in and to the App and Book Services (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Apple and/or its principals, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE APP AND BOOK SERVICES, EXCEPT FOR USE OF THE APP AND BOOK SERVICES AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. Apple, the Apple logo, iTunes, App Store, and other Apple trademarks, service marks, graphics, and logos used in connection with the App and Book Services are trademarks or registered trademarks of Apple Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the App and Book Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. TERMINATION If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this Agreement, Apple, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the App and Book Services (or any part thereof). Apple reserves the right to modify, suspend, or discontinue the App and Book Services (or any part or content thereof) at any time with or without notice to you, and Apple will not be liable to you or to any third party should it exercise such rights. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APP AND BOOK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE APP AND BOOK SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE APP AND BOOK SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APP AND BOOK SERVICES IS AT YOUR SOLE RISK. THE APP AND BOOK SERVICES AND ALL PRODUCTS AND APP AND BOOK SERVICES DELIVERED TO YOU THROUGH THE APP AND BOOK SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE APP AND BOOK SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APP AND BOOK SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP AND BOOK SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE APP AND BOOK SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND APPLE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE APP AND BOOK SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY APP AND BOOK PRODUCTS PURCHASED FROM THE APP AND BOOK SERVICES. WAIVER AND INDEMNITY BY USING THE APP AND BOOK SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE APP AND BOOK SERVICES, OR ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE APP AND BOOK SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. CHANGES Apple reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the App and Book Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the App and Book Services will be deemed acceptance thereof. MISCELLANEOUS This Agreement constitutes the entire agreement between you and Apple and governs your use of the App and Book Services, superseding any prior agreements between you and Apple. You also may be subject to additional terms and conditions that may apply when you use affiliate services, certain App and Book Products, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Apple's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control. The App and Book Services are operated by Apple from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the App and Book Services. All transactions on the App and Book Services are governed by California law, without giving effect to its conflict of law provisions. Your use of the App and Book Services may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Apple or relating in any way to your use of the App And Book Services resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No Apple employee or agent has the authority to vary this Agreement. Apple may notify you with respect to the App and Book Services by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the App and Book Services. Notices shall become effective immediately. Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Apple has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Apple's right to cooperate with any legal process relating to your use of the App and Book Services and/or App and Book Products, and/or a third-party claim that your use of the App and Book Services and/or App and Book Products is unlawful and/or infringes such third party's rights). STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law. If California law is precluded, this Agreement shall be construed under the laws of the state in which your public educational or government institution is located. ADDITIONAL MAC APP STORE AND APP STORE TERMS AND CONDITIONS LICENSE OF MAC APP STORE AND APP STORE PRODUCTS The software products made available through the Mac App Store and App Store (collectively, the “App Store Products”) are licensed, not sold, to you. There are two (2) categories of App Store Products, as follows: (i) those App Store Products that have been developed, and are licensed to you, by Apple ( “Apple Products”); and (ii) those App Store Products that have been developed, and are licensed to you, by a third-party developer ( “Third-Party Products”). The category of a particular App Store Product (Apple Product or Third-Party Product) is identified on the Mac App Store application or App Store application. Your license to each App Store Product is subject to the Licensed Application End User License Agreement set forth below, and you agree that such terms will apply unless the App Store Product is covered by a valid end user license agreement entered into between you and the licensor of that App Store Product (the “Application Provider”), in which case the Application Provider’s end user license agreement will apply to that App Store Product. The Application Provider reserves all rights in and to the App Store Product not expressly granted to you. You acknowledge that the license to each Apple Product that you obtain through the App Store Services, as defined below, is a binding agreement between you and Apple. You acknowledge that: you are acquiring the license to each Third-Party Product from the Application Provider; Apple is acting as agent for the Application Provider in providing each such Third-Party Product to you; and Apple is not a party to the license between you and the Application Provider with respect to that Third-Party Product. The Application Provider of each Third-Party Product is solely responsible for that Third-Party Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party Product. You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of the Licensed Application End User License Agreement or the Application Provider’s end user license agreement, as the case may be, for each Third-Party Product. You also agree that, upon your acceptance of the terms and conditions of the license to any such Third-Party Product, Apple will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third-party beneficiary thereof. IN-APP PURCHASES Certain App Store Products may include functionality that enables you to receive additional services, or licenses to additional functionality or content for use within the App Store Product ("In App Purchases"). In App Purchases that are consumed during the use of the App Store Product (for example, virtual ammunition) cannot be transferred among devices; can be downloaded only once; and after being downloaded, cannot be replaced. Once a consumable In App Purchase is acquired and received by you, Apple shall be without liability to you in the event of any loss, destruction, or damage. All In App Purchases are deemed App Store Products, and In App Purchases received within Third-Party Products are deemed Third-Party Products, and treated as such, for purposes of these terms and conditions. You must authenticate to acquire In-App Purchases separately from any authentication to obtain App Store Products by entering your password when prompted, but once you have authenticated to obtain an In-App Purchase, you will be able to acquire additional In-App Purchases for fifteen minutes without re-entering your password. You can turn off the ability to acquire In-App Purchases on your iOS Device by following the steps outlined at http://support.apple.com/kb/HT4213. IN-APP SUBSCRIPTIONS Certain App Store Products may include functionality that enables you to acquire content on a subscription basis (“In App Subscriptions”). Paid In App Subscriptions are non-refundable. In App Subscriptions will automatically renew for the applicable time period you have selected, and, where applicable, your Account will be charged no more than 24-hours prior to the expiration of the current In App Subscription. You may cancel automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your Account and selecting the subscription you want to modify. The auto-renew feature of the subscription will be turned off if the Application Provider increases the price of the subscription. You may cancel free In App Subscriptions by deleting the App Store Product from your device. Certain paid In App Subscriptions may offer a free trial period prior to charging your Account. If you decide you do not want to purchase the In App Subscription, turn off auto-renewal in your Account settings during the free trial period. Certain In App Subscriptions may be designated as “Newsstand” products, in which case they will appear only within the Newsstand application on your device after download. You should also review additional information about the paid In App Subscription offer at the point of sale within the App Store Product. We may ask for your permission to provide the name, email address and zip code listed in your Account to the Application Provider so that the Application Provider can send you marketing messages about its own products in accordance with its publicly posted privacy policy. Once the Application Provider has this information, it will be treated in accordance with the Application Provider’s privacy policy. We encourage you to learn about the privacy practices of the Application Provider before agreeing to give it your personal information. For more information, please review the Application Provider’s privacy policy or contact the Application Provider directly. GENIUS FOR APPS When you opt in to the Genius for Apps feature, Apple will, from time to time, automatically collect information related to certain of your App Store Products, such as your time spent with each App Store Product and the number of times each App Store Product is launched. This information will be stored anonymously and will not be associated with your name or Account. When you use the Genius for Apps feature, Apple will use this information, as well as other information, such as your App Store Product download history, to give personalized recommendations to you. Apple may use this information and combine it with aggregated information from other users who opt in to this feature, your iTunes Store purchase history data, your App Store download data, aggregated App Store Product download data from other users, and other information like customer ratings of App Store Products, to: • Provide you with recommendations regarding App Store Products, media, and other products and services that you may wish to purchase, download, or use. • Provide recommendations to other users. At all times your information will be treated in accordance with Apple’s Privacy Policy. Once you opt in to the Genius for Apps feature on a Genius-capable system, you will be able to create Genius recommendations on that system. If you prefer that we do not collect and use information from your device or system in this manner, you should not enable the Genius feature. You can opt out at any time by turning off the Genius feature from the App Store Account page on your device and/or system. If you have elected to share Genius for Apps information from multiple devices and/or systems, you need to turn off the Genius feature from each device and system to opt out. MAC APP STORE PRODUCT USAGE RULES Except as otherwise set forth herein, (i) If you are an individual acting in your personal capacity, you may download and use an application from the Mac App Store (“Mac App Store Product”) for personal, non-commercial use on any Apple-branded products running Mac OS X (“Mac Computer”) that you own or control. (ii) If you are a commercial enterprise or educational institution, you may download a Mac App Store Product for use by either (a) a single individual on each of the Mac Computer(s) used by that individual that you own or control or (b) multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use a Mac App Store Product on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use a Mac App Store Product on a single Mac Computer located at a resource center or library. For the sake of clarity, each Mac Computer used serially by multiple users requires a separate license. (iii) Use may require sign-in with the Apple ID used to download the Mac App Store Product from the Mac App Store. Mac App Store Products can be updated through the Mac App Store only. APP STORE PRODUCT USAGE RULES (i) If you are an individual acting in your personal capacity, you may download and sync an App Store Product for personal, noncommercial use on any iOS Device you own or control. (ii) If you are a commercial enterprise or educational institution, you may download and sync an App Store Product for use by either (a) a single individual on one or more iOS Devices used by that individual that you own or control or (b) multiple individuals, on a single shared iOS Device you own or control. For example, a single employee may use an App Store Product on both the employee's iPhone and iPad, or multiple students may serially use an App Store Product on a single iPad located at a resource center or library. For the sake of clarity, each iOS Device used serially by multiple users requires a separate license. (iii) You shall be able to store App Store Products from up to five different Accounts at a time on a compatible iOS Device. (iv) You shall be able to manually sync App Store Products from at least one iTunes-authorized device to iOS Devices that have manual sync mode, provided that the App Store Product is associated with an Account on the primary iTunes-authorized device, where the primary iTunes-authorized device is the one that was first synced with the iOS Device or the one that you subsequently designate as primary using the iTunes application. IMPORTANT SAFETY INFORMATION To avoid muscle, joint, or eye strain during video game play, you should always take frequent breaks from playing, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing video games if you have ever suffered these or similar symptoms, and stop playing immediately and see a doctor if they occur during game play. Parents should monitor their children’s video game play for signs of symptoms. IPOD GAMES Updates to your existing compatible iPod device’s firmware may render your purchased version of an iPod Game incompatible. Games purchased from the iTunes Store may not be compatible with future generations of the iPod. MAC APP STORE AND APP STORE PRODUCT MAINTENANCE AND SUPPORT Apple will be responsible for providing any maintenance and support services with respect to the Apple Products only, as specified in the Licensed Application End User License Agreement or the separate end user license agreement, as the case may be, or as required under applicable law. The Application Provider of any Third-Party Product will be solely responsible for providing maintenance and support services with respect to that Product, as specified in the Licensed Application End User License Agreement or the Application Provider end user license agreement, as the case may be, or as required under applicable law. LICENSED APPLICATION END USER LICENSE AGREEMENT The Mac App Store Products and App Store Products (collectively, “App Store Product(s)”) made available through the Mac App Store Service and App Store Service (collectively, “App Store Service(s)”) are licensed, not sold, to you. Your license to each App Store Product that you obtain through the App Store Services is subject to your prior acceptance of this Licensed Application End User License Agreement (“Standard EULA”), and you agree that the terms of this Standard EULA will apply to each App Store Product that you license through the App Store Service, unless that App Store Product is covered by a valid end user license agreement between you and the Application Provider of that App Store Product, in which case the terms of that separate end user license agreement will govern. Your license to any Apple Product under this Standard EULA or separate end user license agreement is granted by Apple, and your license to any Third-Party Product under this Standard EULA or separate end user license agreement is granted by the Application Provider of that Third-Party Product. Any App Store Product that is subject to the license granted under this Standard EULA is referred to herein as the “Licensed Application”. The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA. a. Scope of License: This license granted to you for the Licensed Application by Licensor is limited to a nontransferable license to use the Licensed Application on any Apple-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) (“iOS Devices”) or Mac OS X (“Mac Computers”), as applicable (collectively, “Apple Device(s)”) that you own or control and as permitted by the usage rules set forth in the Mac App Store, App Store and iBookstore Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on any Apple Device that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Application and, if you sell your Mac Computer or iOS Device to a third party, you must remove the Licensed Application from the Mac Computer or iOS Device before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. c. Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application. d. External Services; Third-Party Materials. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). Use of the External Services requires Internet access and use of certain External Services requires you to accept additional terms. By using this software in connection with an iTunes Store account, you agree to the latest iTunes Store Terms and Conditions and Usage Rules, which you may access and review at http://www.apple.com/legal/itunes/ww/. You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither the Licensor nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable. Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you acknowledge and agree that neither the Licensor nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither the Licensor nor its agents warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any External Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the External Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor its agents, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any External Services. You agree that the External Services contain proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Standard EULA or that infringes any intellectual property rights of a third party or Apple. No portion of the External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services. In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the Apple Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External Services. Licensor may also impose limits on the use of or access to certain External Services, in any case and without notice or liability. e. 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High: 9 Low: 5 map site index Student & Academic Services Admissions Graduate Admissions © 2013 Cornell University facebook twitter 400 Bad Request __________________________________________________________________ nginx 400 Bad Request __________________________________________________________________ nginx/1.1.19 Join Us On Facebook English Teaching College - New Zealands Most Multicultural Language School Home ETCAbout ETC What is ETC? Staff Palmerston North Campus Wellington Campus Make an enquiry School Policies FAQ Friends of ETC▶ Links Partners and Pathways▶ Join the Alumni ETC and Euroasia Our agents InternationalStudents Courses and Programmes▶ Enrolment Accommodation Download ETC Forms & Info Online Application Fees Calculator Visa Information Make an enquiry General English Academic English▶ OET Work & Study English and Farm Group Programmes English and Business Development English and Conservation (ZEALANDIA) Demi Pair Programme IELTS Preparation TOEIC Preparation FCE and CAE PermanentResidents Courses & Costs Make an enquiry Enrolment Online Application Job Placement Service StudentLife Testimonials▶ Further Studies Travel In NZ Work in NZ Immigration Activities Academic Support Pastoral Care Interviews ContactUs Become An Agent Contact Details Latest News EUROASIACourses Online Application * Please select your language: * العربية * 繁体中文 * English * Deutsch * 日本語 * 한국어 * Tiếng Việt content border ETC House Rules and Policies Attendance * You must attend all classes. * You must telephone before class starts if you are late, sick or going to be absent. If you are sick for more than three days your tutor may request a medical certificate from a doctor. * All appointments should be made outside class time. If you have an appointment during class time, your tutor may request written proof of the appointment. * To keep your enrolment at ETC it is necessary to maintain an average attendance of 90%. * Certificates issued by ETC will include information about individual attendance. Changes of Address of Telephone Number * Tell us if you move to another address; we need to keep your contact details updated. * If you change your type of accommodation or phone number, please let us know. Dress Code * Clean and tidy clothing is required when you are attending the course. * When you are on work experience, visiting outside agencies or you are attending a job interview, you must wear appropriate clothing. Behaviour * A high standard of behaviour and respect for others is expected at all times in and out of the classroom. This includes class trips away from the school. Housekeeping * You are responsible for keeping the kitchen and common room areas tidy. * There is a roster system for cleaning. You are expected to participate in these duties. Cell phones Please make sure your cell phone is turned off in the classrooms at all times. Personal Property & Insurance You are responsible for your own property such as money, bikes, cell-phones, MP3, books and electric dictionaries. ETC takes no responsibility for your own property. __________________________________________________________________ ETC Equipment and Property * All ETC property must be used carefully and any damage reported as soon as possible. * Students may be required to pay for any wilful damage No Smoking * No smoking in or near the building any time. * No Spitting - it is very unhealthy to spit, and in New Zealand, it is very disrespectful to spit in public. Alcohol and Drugs * Alcohol and drugs are not to be used or brought to ETC. * You must not attend classes under the influence of drugs or alcohol. Computers * No food or drink is allowed in the computer area. * No computer games are to be played during class time. * Do not use the Internet for any illegal purposes or for viewing pornographic material. * Downloading of games, movies, programmes, music or other non-course related material is not permitted. * Storage devices like memory cards cannot be used without the approval of the course co-ordinator. __________________________________________________________________ PAYMENT OF FEES * All fees are calculated in complete weeks and any part week is counted as a complete week. * No compensation is given for public holidays when the school is closed. * For domestic students, government fees will assist in the payment of course costs such as materials, NZQA fees, tutorial expenses, and computer costs. CANCELLATION AND REFUNDS POLICY * For domestic students who withdraw from the course up until the end of the eighth day, the director at his discretion may transfer the balance of tuition to another course at ETC (in either Wellington or Palmerston North). No cash refunds will be given except in exceptional circumstances at the discretion of the Director. * No refunds will be made where domestic or international students are asked to leave the school because they fail to comply with either the school, community or homestay regulations or for poor attendance or behaviour. * In the no refund situations identified in the table, the Director reserves the right to make part refunds in exceptional circumstances. ETC Refund Policy Refund Policy COURSE CLOSURE If ETC Learning Centre is no longer delivering or is capable of delivering a course, the student enrolled will be entitled to receive a refund of the balance of the student fees held by the trustee, which have not already been paid to ETC. For a domestic student with a student loan, the loan provider will be paid the appropriate portion of the student's fees. If the student transfers to another course provider, then the trustee will transfer that student's fees to the other course provider's student fee protection arrangement. TRUST ACCOUNT ETC Learning Centre has arranged for Pritchard Dilks & Associates, Cnr. Broadway Ave & Vivian Street, Palmerston North to hold fees in accordance with s236A(2)(a) Education Act 1989. PUBLIC LIABILITY ETC Learning Centre holds public liability and contents insurance with NZI. ETC LIABILITY The school shall not be liable if the services we state we offer cannot be provided for reasons beyond our control. __________________________________________________________________ GRIEVANCE & COMPLAINTS PROCEDURES Minor complaints and issues related to course assessment, should first be directed towards the tutor or person concerned. All other complaints can be directed to the Centre Manager Wellington, PO Box 9787, Newtown Wellington or the Director at Head Office, PO Box 995, Palmerston North. If there is no resolution of the complaint, then the Manager or Director will discuss the situation with the appropriate staff who will give a consensus recommendation on the most appropriate action. The complainant will be informed of the decision. If the complainant is not satisfied with this process, he/she can ask for a review. If the complainant is still not satisfied, the complainant may refer it to an independent authority, such as TEC, NZQA, PO Box 160, Wellington or the International Education Appeal Authority (IEAA) C/- Ministry of Education, PO Box 1666, Wellington. Notes: Complaints may be either written or verbal. ETC will document all formal complaints. Complainants can bring a friend (or advocate) to support them. __________________________________________________________________ CODE OF PRACTICE (copy is available at the office or MOE website) CODE: ETC English Teaching College has agreed to observe and be bound by the Code of Practice for the Pastoral Care of International Students published by the Minister of Education. Copies of the Code are available on request from this institution or from the New Zealand Ministry of Education website at http://www.minedu.govt.nz/goto/international. IMMIGRATION: Full details of visa and permit requirements, advice on rights to employment in New Zealand while studying, and reporting requirements are available through the New Zealand Immigration Service, and can be viewed on their website at http://www.immigration.govt.nz/. ELIGIBILITY FOR HEALTH SERVICES: Most international students are not entitled to publicly funded health services while in New Zealand. If you receive medical treatment during your visit, you may be liable for the full costs of that treatment. Full details on entitlements to publicly-funded health services are available through the Ministry of Health, and can be viewed on their website at http://www.moh.govt.nz. ACCIDENT INSURANCE: The Accident Compensation Corporation provides accident insurance for all New Zealand citizens, residents and temporary visitors to New Zealand, but you may still be liable for all other medical and related costs. Further information can be viewed on the ACC website at http://www.acc.co.nz. MEDICAL AND TRAVEL INSURANCE: International students must have appropriate and current medical and travel insurance while studying in New Zealand. ____________________ In This Section * What is ETC? * Staff * Palmerston North Campus * Wellington Campus * Make an enquiry * School Policies * FAQ * Friends of ETC * Links * Partners and Pathways ETC Newsletter Sign up now and stay up to date! ______________________________ Your Name___________ Your Email__________ go Username: _______________ Password: _______________ Login [X] Remember me [ Forgot password? ] Education New Zealand - Registered Member Education Wellington [toeic_logo.jpg] [ielts.gif] content border © englishteachingcollege.com | Admin Login * Terms & Conditions * Site Map * Admin Login Bad Request Skip to main content Student Manual The University of Chicago Menu University House System Discipline The University House System seeks to serve the educational objectives of the University by offering facilities which provide a setting in which individual education is furthered. The intent of the rules and regulations of the House System is to establish reasonable limits within which the greatest number of residents can work effectively and live pleasantly. These limits help to guarantee the basic rights of all residents to protection from behavior which creates excessive noise, endangers or disturbs other residents, or invites the intrusion of public authorities into the House System. The basic rights and responsibilities of residents of the House System include: 1. Each resident has the right to the use of his or her own room. Each resident has the right to visitors who abide by Guest Procedures and House System rules and regulations. Residents are responsible for the conduct of the guests they bring into the residence halls. A resident may not entertain a guest in a room over the objections of a roommate. Visitors may not take up occupancy in a room. 2. Each resident has the right to peace, quiet, and public order in the House sufficient to provide adequate conditions for study and sleep. Each resident has a responsibility to respect the possession of this right by fellow residents. Additionally, residents are responsible for working to constructively address violations of this right. 3. Each resident has a right to representation, if not actual participation, in the making of regulations by students in the House, subject to reasonable procedures for enactment and amendment. Implicit in this is the right to adequate enforcement of the House rules. Rules and Regulations 1. Noise It is impossible to set specific standards regarding levels of noise in a residence hall which will satisfy all residents. Individual levels of noise tolerance vary widely. The purpose of the House System is to offer conditions which permit reasonable order for study and sleep. At no time may a resident create excessive noise which will disturb other residents. After 11 p.m. on weeknights and 1 a.m. on weekends, residents must contain noise in their rooms and in the public areas of the Houses at levels which will not prevent other residents from studying or sleeping. Exceptions to these limits may occasionally be made on weekends for formal House events which have the prior approval of the House Council and the Resident Heads. a. Residents may not practice or play musical instruments, electronic or acoustic, in student rooms, but should use music practice rooms for those activities. b. Excessive noise is a problem not only for residents, but for people living in the buildings neighboring the residence halls. Residents must act to keep noise from unduly disturbing neighbors as well as other residents. 2. Personal Abuse The residence halls are intended to be communities where the individuality of all residents and their rights to make personal choices are respected, so long as those choices do not interfere with the rights of others. Housing staff members have the responsibility to ensure that this and all policies of the House System are observed. In protection of these rights and responsibilities, residents may not engage in personal abuse, written or oral, directed against other residents, guests, or members of the housing staff. Any form of abusive, threatening, or harassing behavior will be considered grounds for serious disciplinary action by the housing staff. Residents must also respect the personal property and assigned space of other members of the House System. 3. Dangerous Acts Residents may not engage in activities which threaten the safety of others. A list of specific acts that come under the rubric of dangerous activities could never be exhaustive; however the following is a partial list: a. Possessing or using fireworks, firearms, other explosives, or weapons; b. Setting off false fire alarms. Tampering with fire extinguishers or other fire safety equipment; c. Playing with fire in any matter, whether or not any damage or injury occurs to person or property; d. Tampering with elevators; e. Physically attacking or threatening physical attack of other residents or visitors to the Houses; f. Throwing objects from the windows of the residence halls. The size, weight, and shape of such objects—and their potential for harm—cannot be subject to exhaustive debate. The Directors in the Office of Undergraduate Student Housing will judge such cases. The rule is: no object may be thrown from the windows of the residence halls; g. Obstructing the use of any residence hall door by tampering with locks or otherwise preventing free access or egress. Residents who engage in any of the acts listed above will be subject to serious disciplinary action, including the likelihood of being removed from a House or from the House System. 1. Alcohol in the Residence Halls The State of Illinois prohibits the consumption or possession of alcohol by persons under the age of 21, and the supply of alcohol to any person under the age of 21. It is important that each resident of the University House System be aware of the state law with regard to the consumption, possession, and sale of alcoholic beverages. The use of alcoholic beverages is not permitted in the common areas of the College Houses. Common areas include lounges, corridors, stairwells, study rooms, recreation rooms, community kitchens, entry-ways, and similar spaces. The use of University funds to purchase alcohol for students under the age of 21 is prohibited. Members of the housing staff may not purchase for or serve alcohol to students under the age of 21. The University expects each resident of the House System to be responsible for his or her own conduct and the consequences of that conduct. 2. Illegal Drugs The possession, use, or distribution of illegal drugs is not permitted in the University House System. Residents in violation of this rule may face serious disciplinary consequences, including the likelihood of removal from the House System. 3. Private Parties in the Residence Halls Students are allowed to host private parties in their rooms in the residence halls with prior approval from the Resident Heads and in compliance with the House System Private Party Policy. Student hosts must assume full responsibility for the party and for the conduct of all guests at the party. Copies of the Private Party Policy are available from the Resident Heads. 4. Smoking The Illinois Clean Indoor Air Act provides that "smoking is prohibited in any portion of a building used in whole or in part as a student dormitory that is owned and operated or otherwise utilized by a public or private institution of higher education" (Illinois HB 4174). As such, smoking is forbidden in the residence halls, including student rooms, lounges, lobbies, corridors and courtyards. The City of Chicago Clean Indoor Air ordinance prohibits smoking within fifteen feet of the entrance to any building, including residence halls and dining commons. House System residents are obligated to comply with the law. Residents who violate the law will be addressed by resident staff and are subject to disciplinary action including oral warnings, formal written warnings (probation) and removal from the House or House System. 1. Visitor Procedures Most of the University House System residence halls are served by front desks at which residents' visitors must register before gaining access to the residence hall. Hosts must be present in the building to acknowledge either in person or by phone that they are willing to receive the visitor. Visitors will not be permitted to enter unless the host is present. Visitors are required to be signed in to the visitors log by the front desk clerk upon entry to the hall. The clerk will note clearly the visitor's first and last names and the time and date of entry. Failure to follow visitor procedures may be cause for disciplinary action. It is expected that visitors will remain in the company of their hosts. Visitors do not have the privilege of using House or hall amenities such as computers, game rooms, or laundry equipment, unless engaged in a shared activity with a resident. 2. Restricted Areas Residents are not permitted to go on the roofs of the residence or dining halls, or to any other areas which are designated as "off limits." Violating this policy is grounds for disciplinary action. In addition, the minimum penalty for violating this rule will be a fine of $50. Residents may also be fined for tampering with the physical plant of the residence halls including removing screens, exiting from secured alarmed doors, or tampering with electrical or phone systems, etc. Residents may not enter any residence hall room to which they are not assigned, unless they are the invited guests of the person(s) assigned to that room. 1. Pets Residents may not keep pets in any of the residence halls. This prohibition is imposed for reasons of cleanliness, health problems, and noise. Exceptions are made for fish in a small aquarium. The only other pets permitted in the residence halls are those belonging to Resident Masters, Resident Heads, and the Directors of Undergraduate Student Housing who live in the House System year-round. 2. Restricted Dining Halls The residential dining halls at Bartlett, Pierce and South Campus, are open only to individuals who have a residential meal plan and to those guests who purchase individual meals. Students must abide by the policies and procedures specified on the House System website. 3. Overnight Guests House System guest procedures are based on the premise that residents of the House System ought to be able to have occasional personal guests in the residence halls, when space is available, under reasonable limitations that protect the rights of roommates and the interests of the University community. Anyone who is not a regularly assigned resident of a room is considered a guest. Residents may not host guests overnight in their room without the consent of all assigned residents of the room. Guests may not remain for more than three nights in the student rooms without prior approval of the Housing staff. Guests who wish to reside in the residence halls for more than three days may be required to take other lodging within a hall, if available, and must register at the desk of that hall to receive these services. 4. Door-to-Door Solicitation Door-to-door solicitation in the residence halls is prohibited unless prior approval has been given by the Director of the Office of Undergraduate Student Housing. This includes but is not limited to distribution of information, electioneering or campaigning, solicitation of funds, or sales of products or services by residents or non-residents. Activity related to dorm-sponsored events such as signing up for House trips or Master’s events, or House fundraisers are not prohibited if conducted by residents or housing staff. 5. Posting Posters and flyers for House and hall activities, as well as those approved for a Registered Student Organization (RSO) are allowed on residence hall bulletin boards. Each House has at least one bulletin board that is reserved for the resident staff of the House. Postings may not be placed inside stairwells, inside elevators, on elevator doors, or on student room doors unless approved by the residents of that room. Flyers and announcements may neither advertise nor refer to the availability of alcohol at a specified event. If a posting contains obscene language and/or pictures, or if a posting is deemed to be offensive to a particular group or individual, the posting may be removed. 6. Posting and Solicitation in Dining Halls Approval for public communications made in the House System dining halls including but not limited to handbills and flyers, banners, table tents, oral announcements and performances is made by the Office of Undergraduate Student Housing. Information about the approval process is available on the Housing and Dining Services website. Enforcement of House System Rules and Regulations It would be illusory to assume that all conflicts and disputes which are likely to arise in the House System will be easily resolved by mutual understanding and agreement. Initial responsibility for settling disputes rests with individual residents and the elected House Councils. Residents are expected to attempt to resolve problems whenever possible before turning to the housing staff. The Resident Heads and Assistant Resident Heads, as University officials living in the residence halls, will strive to protect the rights of all residents by advising and assisting individual residents and House Councils. When problems cannot be settled in this manner, the housing staff will enforce the rules and regulations of the House System and will impose disciplinary action as appropriate. On those occasions when members of the housing staff find it necessary to act in the role of University authority, residents are obliged to follow their directives. If a resident believes that a member of the housing staff is acting improperly, the resident should: a. Obey the instructions of the housing staff member. b. Inform the staff member that the resident believes the staff member is acting improperly. c. Register a formal complaint with the Office of Undergraduate Student Housing. Disciplinary Procedures The goal of the Office of Undergraduate Student Housing and the housing staff is to settle problems at the lowest possible level, and to institute formal disciplinary action only when necessary. Official responses will be governed by the nature of the particular dispute or infraction. Initial action will begin at a higher level for serious offenses. House System disciplinary sanctions include: 1. An oral warning from the Assistant Resident Head or Resident Head: The student is told why a particular behavior is a problem and what must be done by the student to correct the problem. No records of oral warnings are kept outside of the House. 2. House System Probation: House System Probation is a formal, written warning that a student's behavior is unacceptable and must change. Probation is imposed because the behavioral problem is serious or because the student ignored a previous oral warning. House System Probation is usually imposed by a Resident Head, but may sometimes be initiated by the directors in the Office of Undergraduate Student Housing. Probation is normally imposed for a specific period of time, usually for the remainder of the academic year. If, after being placed on House System Probation, the student violates House System rules and regulations or engages in disruptive activity in the House System, the student is usually required to move within the House System or to leave the House System altogether. House System probation is treated as an internal, House System matter. Records of probation are kept only within the House and the Office of Undergraduate Student Housing. 3. Visiting Restriction: The directors may restrict a resident from visiting particular parts of the House System because of behavioral problems. Similarly, students living outside the House System may be restricted or "banned" from all or a part of the System for their failure to abide by House System rules and regulations. Students who violate a visiting restriction will be assessed a fine and may face further disciplinary action. 4. Moves within or Removal from the House System: A resident who engages in seriously disruptive or dangerous behavior, or who violates the terms of House System Probation will be required to move within the House System or to leave the House System altogether. The decision will be made by one of the directors of the Office of Undergraduate Student Housing, usually with the recommendation of the Resident Heads. A resident who is required to leave a House or the House System is normally forbidden to visit in that House or in any part of the House System for a specific period of time, and is normally prohibited from returning to that house or to the House System as a resident before the next academic year. When a resident is required to move within the House System or to leave the House System, the student’s area Dean of Students is notified in writing of the action. If the resident is required to leave the House System and is a first-year student in the College, the College residency requirement for first-year students is waived, and the parents of the student are notified of the action. 5. Area Discipline: The Director of the Office of Undergraduate Student Housing can recommend to the area Dean of Students in a particular academic area that a student from that academic area be brought before the College, division, or school disciplinary committee in that area. If the area Dean of Students accepts the Director's recommendation, the student will be required to appear before such a disciplinary committee. Such a committee has the power to suspend or expel a student from the University. Review Process Required Moves within the House System A student who is required to move within the House System for disciplinary reasons may request a review of the decision of the directors of the University House System by the House System Disciplinary Review Committee. This Committee consists of three students drawn from lists of residents appointed by the Residence Hall Student Councils, and two Resident Heads drawn from a list appointed by the Director of the Office of Undergraduate Student Housing. A student who seeks a review of a disciplinary decision must, within 48 hours of the decision, submit a written request and any supporting material to the Director of the Office of Undergraduate Student Housing. Upon request, the student may be granted an additional 48 hours to prepare this material. The Review Committee will be convened as soon as possible after the student files for the review. At the hearing, both the Director of the Office of Undergraduate Student Housing (or a designee) and the student are given the opportunity to present their cases and to rebut the other's presentation. A majority of three votes in the Committee is required to sustain, overturn, or modify the original decision. The decision of the Review Committee is final and binding on both the student and the University House System. Removal from the House System A student who is required by the directors of the University House System to leave the House System for disciplinary reasons may request a review of the decision by the student's Area Disciplinary Committee. A student who seeks a review must, within 48 hours of the decision, submit a written request and any supporting material to the appropriate area Dean of Students with a copy to the Director of the Office of Undergraduate Student Housing. Upon request to the area Dean of Students, the student may be granted an additional 48 hours to prepare those materials. The appropriate Area Disciplinary Committee, to which will be added one Resident Head from the housing staff, will be convened as soon as possible after the student files for a review. (In the College, the review will be conducted by one faculty member of the Committee on College Discipline, a student member of the Committee on College Discipline, a Resident Head from the Housing staff and a representative from the Dean of Student's office) In conducting a review, the Area Disciplinary Committee will follow the procedures outlined in this manual (https://studentmanual.sites.uchicago.edu/page/area-disciplinary-system s) for a broad review. The Committee will not conduct a rehearing of the case, probably will confine itself to the written record, and will consider as grounds for review (1) that prescribed procedures were not followed, (2) that the penalty will have unforeseen consequences for the student that are harsher than intended, (3) that new information bears importantly in the student's favor. The decision of the Area Disciplinary Committee is final and binding on both the student and the University House System. Questions about these rules, regulations, and procedures should be directed to one of the directors in the University House System (housesystem@uchicago.edu, 773-702-7366). Search Search _______________ Search * Home * Academic Calendar * University Policies * Academic Policies & Requirements * Administrative Policies & Requirements * Student Life & Conduct + Authority to Direct + Authority to Summon + Involuntary Leave of Absence + Outdoor Events on Campus + Protests & Demonstrations Policy + Posting Policy + Responsibility for Guests + Sanctions by Administrative Departments + University Disciplinary Systems o Area Disciplinary Systems o Review Process o University House System Discipline o All-University Disciplinary System * Student Manual PDF - 2012/13 * Student Manual Archive © 2013 The University of Chicago Student Manual 5801 S. 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Neueste Videos Video Groningen - Delfzijl Video Groningen - Roodeschool Video Leeuwarden - Groningen Neueste Artikel Document Impressum Foto Zillertalbahn Bahn Bilder auf Twitter Kontakt Privacy Policy Benutzerbedingungen Impressum Sitemap © 2007-2011 EJK Media | Bahnen im Bild.de Diese Website wird grün gehostet! Bad Request Janus * Home * About MEMCO * Elevator Products * News & Events * Literature * Careers * Contact You are here: Home > Terms of Use Terms of Use Terms of Use Agreement Effective Date: This Terms of Use Agreement was last updated on August 8, 2006. This Terms of Use Agreement sets forth the standards of use of Memco Limited website. By using the www.memco.co.ukwebsite you (the "Individual") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at http://www.memco.co.uk. Your continued use of this Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. Disclaimer of Warranties. The site is provided by Memco Limitedon an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Memco Limited makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Memco Limited shall have no liability for any interruptions in the use of this Website. Memco Limited, disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. Limitation of Liability MEMCO LIMITEDSHALL NOT be liable for any damages whatsoever, and in particular MEMCO LIMITED shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MEMCO LIMITED has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. Indemnification Individual agrees to indemnify and hold Memco Limited, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Individual's use of this Website, the violation of this Agreement, or infringement by Individual, or other user of this Website using Individual's computer, of any intellectual property or any other right of any person or entity. Third-Party Sites Our website includes links to other sites on the Internet that are owned and operated by other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. 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By Mail Jennifer Fenton Memco Limited Clyde House Reform Road Maidenhead, Berks United Kingdom By Telephone: +44(0) 1628 540100 By Email: marketing@memco.co.uk Other Terms If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Memco Limited, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as an Individual. Individual agrees that by accepting this Terms of Use Agreement, Individual is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. Latest News Memco appoints General Manager for Sales & Marketing in China More News Mailing List Mailing List Please contact us and we'll be happy to help you make the right choice. Call +44(0)1628 540100 Email us at sales@memco.co.uk Fill out our Request Form © 2011 Memco, Ltd. All rights reserved. A Halma Company Terms of Use | Privacy Policy | This site was created by Lighthaus Design. Bad Request __________________________________________________________________ HTTP Error 400. The request is badly formed. #A to Z BBC Help Terms of Use British Broadcasting Corporation BBC Home Accessibility links * Skip to content * Skip to local navigation * Skip to bbc.co.uk navigation * Skip to bbc.co.uk search * Help * Accessibility Help Terms of Use of BBC Online Services - Personal Use Terms of Use of BBC Online Services * Home * Personal Use * Business Use * Additional Terms * Help and FAQ Terms of Use of BBC Online Services - Personal Use These terms were last updated on 15 October 2012 * 1. What are these Terms of Use about? * 2. What are BBC Online Services? * 3. How can I use BBC Online Services? * 4. Who owns or has rights in BBC Online Services and BBC Content? * 5. How can I make contributions to the BBC? * 6. What are the features of BBC Online Services and how do they work? * 7. What obligations do I have under the terms? * 8. How does the BBC use my personal information? * 9. What are the BBC's legal obligations to me and how do the Terms limit the BBC's liability? * 10. How can the BBC stop making BBC Online Services available to me and what happens if it does so? * 11. What other (general) Terms of Use apply? 1. What are these Terms of Use about? 1.1 Why should I read these Terms of Use? These terms of use ("Terms of Use") tell you how you may use BBC Online Services to access, view and/or listen to BBC Content for your personal and non-business use so please read them carefully. Additional terms which vary or supplement these Terms of Use may apply to your access of some BBC Online Services ("Additional Terms"). If so, these Additional terms will be set out at the point of access to the relevant BBC Online Services. If there is any inconsistency between the Additional Terms for a particular BBC Online Service and the Terms of Use, the Additional Terms will prevail. These Terms of Use and any Additional Terms are collectively referred to as "Terms". The BBC may update the Terms from time to time so please review the relevant pages regularly. If you access BBC Online Services, you agree to be legally bound by whichever version of the Terms is in force at such time. These Terms of Use apply solely to non-business users of BBC Online Services. If you are accessing and/or using BBC Online Services in a business capacity, please read the Terms of Use of BBC Online Services for Business Users. 1.2 Who makes BBC Online Services available to me and what should I do if I have questions, comments, complaints or enquiries? BBC Online Services are made available to you by the British Broadcasting Corporation of Broadcasting House, Portland Place, London, W1A 1AA (the "BBC"). Any reference in the Terms to "you" or "your" means you as a non-business user of BBC Online Services. If you have any questions about the Terms or your use of BBC Online Services then you may find the answer at the BBC Help page or the Frequently Asked Questions. If you cannot find the answer there, or if you have any comments or complaints about BBC Online Services, you can contact the BBC. If you receive any enquiries which relate to the BBC, any BBC Online Service and/or BBC Content, you should promptly refer such enquiries to the BBC. If you think that BBC Content and/or any BBC Online Service should not be appearing on a website, blog or service then please contact us. Contact us about BBC News content or contact us about any other content. 1.3 Should I read any other information or terms? Please also read the BBC's Privacy and Cookies Policy, which explains how the BBC uses any information about you that it receives. The Privacy and Cookies Policy form part of the Terms. If there is any inconsistency between the Privacy and Cookies Policy and the Terms, the Terms will prevail. Some BBC services may ask you to agree to Additional Terms or other terms of use which will apply to your use of that particular service. Skip to top 2. What are BBC Online Services? 2.1 In the Terms: "BBC Online Service(s)" are any BBC or other BBC-authorised internet services, websites, products and/or software applications that enable you to access, view and/or listen to BBC Content on compatible devices and are identified as "BBC Online Services" in Additional Terms. BBC Online Services include the website at bbc.co.uk, BBC iPlayer, BBC Embedded Media Player and BBC RSS Feeds. "BBC Content" means audio, video, text, images or other content made available by the BBC to you through BBC Online Services and may sometimes include content which is owned or controlled by third parties which the BBC is permitted to make available to you through the relevant BBC Online Service. 2.2 Availability of BBC Content BBC Content is selected, edited, updated and made available to you by the BBC through BBC Online Services at its sole discretion. The period of time during which you may access, view and/or listen to BBC Content using BBC Online Services may vary. This is usually because of agreements which the BBC has with owners of rights in parts of BBC Content. 2.3 BBC Editorial Control of BBC Content You acknowledge that the BBC has absolute editorial control over all BBC Content at all times. Skip to top 3. How can I use BBC Online Services? 3.1 How you may use BBC Online Services * 3.1.1 If you comply with these Terms of Use and any applicable Additional Terms and with all relevant laws (for instance, copyright law), you may use BBC Online Services to access, view and/or listen to BBC Content for your personal and non-business use. * 3.1.2 As mentioned above, these Terms of Use apply solely to non-business users of BBC Online Services. If you are a business user, please read the Terms of Use of BBC Online Services for Business Users. 3.2 How you may NOT use BBC Online Services * 3.2.1 If you are outside the UK * You may not access, view and/or listen to certain parts of BBC Content (such as video or live television services) using BBC Online Services if you are outside the UK, although you may, in accordance with the Terms, access and view bbc.co.uk or other websites and listen to some (but not all) BBC radio content. The types of BBC Content that may be available outside the UK will usually depend on the BBC's agreements with the persons who own rights in such content. * 3.2.2 If you do not have a valid television licence * You may not watch television programmes using BBC Online Services on any device (including mobile phones, "smart" phones or devices, laptops, tablets and personal computers) at the same time (or virtually the same time) as the programmes are being broadcast, simulcast or otherwise made available by the BBC on television, unless you have a valid television licence. For more information on this requirement please see the Frequently Asked Questions or you can contact TV Licensing by calling 0870 241 5590 or by visiting www.tvlicensing.co.uk. * 3.2.3 General restrictions on how you may use BBC Online Services to access, view and/or listen to BBC Content + (a) You may not infringe or try to infringe the privacy or other rights of other BBC Online Services users. This includes you storing or trying to store personal data or usage details of other BBC Online Services users. + (b) You may not infringe any applicable law (for instance copyright law) when using BBC Online Services to access, view or listen to BBC Content. + (c) You may not subject the BBC Online Services and/or the BBC Content to any derogatory treatment or use them in such a way that would bring the BBC into disrepute (with reference to the BBC Guidelines), or cause the BBC to incur liability to any third party. + (d) You agree to use BBC Online Services and access, download, view and/or listen to BBC Content as supplied to you by the BBC and you may not, and you may not assist anyone to, or attempt to, reverse engineer, decompile, disassemble, adapt, modify, copy, reproduce, lend, hire, rent, perform, sub-license, make available to the public, create derivative works from, broadcast, distribute, commercially exploit, transmit or otherwise use in any way BBC Online Services and/or BBC Content in whole or in part except to the extent permitted in these Terms of Use, any relevant Additional Terms and at law. + (e) You may not directly or indirectly charge others for accessing, viewing or listening to any BBC Content, or commercialise or attempt to re-sell the BBC Content in any way, which includes advertising or selling any goods and services which offer BBC Content including any third party software applications. + (f) You may not directly or indirectly suggest any endorsement or approval by the BBC of a product or service (for instance, a personal website) or any non-BBC entity, product or content or any belief or opinion expressed within a product or service. + (g) You may not disrupt or try to disrupt BBC Online Services. You agree not to use BBC Online Services to distribute software viruses or other harmful programs, or use BBC Online Services to engage in harmful, harassing or otherwise objectionable activity, including activity inhibiting access to BBC Online Services by others. + (h) You may not harass or cause distress or inconvenience to any other person using BBC Online Services or transmit obscene or offensive content or disrupt the normal flow of dialogue within BBC Online Services, in particular, on BBC message boards and blogs. + (i) Additional Terms for particular BBC Online Services may allow you to display the BBC Content on your website, blog or other product or service, but you may not display BBC Content where it is on or in connection with Excluded Products or Services, namely products or services which: contain pornography and sexually explicit content; + contain offensive text or images; + incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote, encourage or facilitate anti-social behaviour; + contain gratuitous violence or promote, encourage or facilitate violence; + promote, encourage or facilitate terrorism or other activities that risk national security; + discriminate against any specific social group or otherwise exploit vulnerable sections of society; + promote, facilitate or encourage illegal activity; + are misleading, defamatory, or that contain illegal, or otherwise actionable content under UK law; + infringe individual privacy (based on the parameters laid down in the "Privacy" chapter of the BBC's Editorial Guidelines); + put the welfare of children at risk; + promote the tobacco industry or the armaments industry (including gun clubs); + where presence of a BBC application might be perceived as damaging the BBC's reputation for accuracy and impartiality (with reference to the BBC Guidelines); and + bring the BBC into disrepute (with reference to the BBC Guidelines). * This list is not exhaustive and may be amended by the BBC from time to time (collectively referred to as "Excluded Products or Services"). 3.4 Parental Guidance Some BBC Online Services offer a BBC Parental Guidance tool to parents who are concerned about the suitability of BBC Content for young audiences. The BBC also offers child-friendly online services such as CBeebies iPlayer and CBBC Online Services. BBC Content may contain content you consider indecent, objectionable or offensive, or which may not be suitable for young audiences. If you permit a child to use your device to access, view or listen to BBC Content on BBC Online Services you are solely responsible for deciding whether or not that BBC Content is appropriate for that child to view. If you are concerned about the suitability of BBC Content you should look at the BBC's "guidance labelling" information prior to accessing (or allowing children to access) BBC Content and/or where appropriate use the BBC Parental Guidance tool. Please be aware that if you do not set up BBC Parental Guidance anyone using your device will be able to view all available BBC Content, including guidance-labelled programmes. 3.5 Accessibility The BBC is committed to making its content accessible by as many people as possible so BBC Online Services follows the BBC Online Accessibility Standards. Skip to top 4. Who owns or has rights in BBC Online Services and BBC Content? 4.1 Rights in BBC Online Services and BBC Content All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on BBC Online Services and BBC Content belong to the BBC and/or third parties (which may include you or other users). The BBC reserves all of its rights in BBC Content and BBC Online Services. Nothing in the Terms grants you a right or licence to use any trade mark, design right or copyright owned or controlled by the BBC or any other third party except as expressly provided in the Terms. 4.2 Digital Rights Management So that the BBC can meet its obligations to third parties who own rights in BBC Content, the BBC may embed digital rights management security in BBC Online Services or BBC Content and/or use other content-protection measures. You may not adjust or circumvent or try to adjust or circumvent these technical measures. Skip to top 5. How can I make contributions to the BBC? 5.1 The BBC may invite you to make, share or submit your own, original contributions to BBC Online Services. These Terms of Use and any Additional Terms for particular BBC Online Services set out the rules governing how you may do so and how the BBC may use your contribution. Your contribution may include text, photographs, graphics, video or audio. 5.2 If you submit your contribution to the BBC you must allow the BBC to use the material in your contribution in any way it may reasonably choose on a free-of-charge basis in any media throughout the world. Any contributions you make may be moderated by the BBC which means they may be reviewed, edited and/or removed. The BBC reserves the right to remove any of your contributions if the BBC believes that they do not comply with the Terms. 5.3 You grant the BBC the right to change or edit the materials in your contribution for operational and editorial reasons. The BBC may also share your contribution with trusted third parties, for instance with other users of BBC Online Services or, in the case of news-related material, the BBC may share your contribution with its overseas partners (for instance reputable foreign news broadcasters). 5.4 Any copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material you contribute in any way including allowing others to use it. 5.5 You confirm that your contribution is your own original work, is not defamatory or unlawful and does not infringe anyone else's rights (including privacy rights) and that it complies with the Terms. You also confirm that your contribution is made in your personal (rather than business) capacity and that such contribution does not unfairly promote or further any business activities and has not been contributed for commercial gain. You also confirm that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16. 5.6 We normally show your name with your contribution, unless you request otherwise, but for operational reasons this is not always possible. 5.7 The BBC may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects. For full details of when and how we may contact you please see the BBC's Privacy and Cookies Policy plus any specific local terms, where applicable. 5.8 Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating any content you may share with the BBC. 5.9 As part of your contribution, the BBC may ask you to provide some personal information. Disclosure of this information shall be subject to terms set out in the BBC's Privacy and Cookies Policy. The BBC will keep your personal information secure and will only use it for the purposes specified in the Privacy and Cookies Policy. All personal information held by the BBC will be held in accordance with the terms of applicable data protection laws. 5.10 If you do not want to grant the BBC permission to use your contributions in accordance with the Terms, please do not share with or submit them to bbc.co.uk. 5.11 If you have any questions about contributing content to the BBC, please see our Frequently Asked Questions. Skip to top 6. What are the features of BBC Online Services and how do they work? 6.1 BBC Online Services and your device You can use BBC Online Services on a variety of compatible devices. The Terms apply to your use of BBC Online Services on any device. BBC Online Services or some of the features and functionalities may not be available on all devices. The BBC makes no guarantee that all or any features of BBC Online Services will work on any particular device. 6.2 Interacting with BBC Online Services and other BBC Online Services users If you interact with BBC Online Services and other users of BBC Online Services the BBC may need to use some of your personal information. Please read the Privacy and Cookies Policy to find out how the BBC may use your personal information. * 6.2.1 Do I need to have a BBC account to interact with BBC Online Services and other BBC Online Services users? * Some of the features and functions of BBC Online Services are only available to users who have a free BBC website login, known as "BBC iD". Having a BBC iD allows you to sign in with a username and password so that you can access more features and functions, and so that you can interact with BBC services and other users of BBC services. You can create your BBC iD here. * 6.2.2 Favourite BBC Content and Categories * BBC Online Services may give you the option to choose your favourite BBC Content and/or your favourite categories of BBC Content. Your favourites will be saved to your BBC iD if you are signed in. If you are not signed in, the BBC will use cookies (if they are enabled on your device) to keep your favourites, and they will be deleted if you delete cookies from your device. Logging in with a BBC iD will allow you to access your favourites on any device that you are logged into that supports this type of BBC Online Services functionality (e.g. on your laptop or your mobile phone). * 6.2.3 Connecting with other BBC Online Services users * Some of the BBC Online Services allow you to connect with your contacts or friends from social networking services who use BBC Online Services at the same time as you do, subject to any other terms or conditions which apply to your use of the relevant social networking services. 6.3 Advertisements International users may see advertisements on some BBC Online Services. These advertisements are provided and delivered by the BBC's commercial arm, BBC Worldwide Limited. 6.4 Links BBC Online Services and/or BBC Content may contain hyperlinks to websites and resources owned and operated by third parties. These third party websites and resources have their own terms of use and we urge you to review them. We do not accept any responsibility or liability for any third party websites and resources and your access and use of such services and content is at your own risk. Skip to top 7. What obligations do I have under the Terms? 7.1 Compliance with the Terms You must comply with the Terms, in particular the General restrictions on how you may use BBC Online Services. 7.2 Expenses, equipment and software You are solely responsible for paying all expenses you may incur when you access or use BBC Online Services or access or download BBC Content including your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to and use BBC Online Services. Accessing and using some BBC Online Services features to access, download, view or listen to BBC Content (especially video or audio) may lead to substantial bandwidth usage by you which can be expensive so you should be careful you do not exceed any 'bandwidth cap' on your account with your internet or data service provider. The BBC is not responsible if your equipment or software is not compatible with any BBC Online Service. BBC Content may be streamed or downloaded to your device from servers owned and operated by the BBC or (on behalf of the BBC) by third-party content distribution networks to enhance your experience when you watch or listen to BBC Content. 7.3 Managing your account details and activity You are solely responsible for keeping your BBC account username and password (if you have them) confidential and you are responsible for all activity that occurs under your BBC account. Please see clause 6.2.1 for more information on BBC accounts and why you might want to create one. Skip to top 8. How does the BBC use my personal information? You can read how the BBC uses your personal information in the BBC's Privacy and Cookies Policy which forms part of the Terms. Skip to top 9. What are the BBC's legal obligations to me and how do the terms limit the BBC's liability? 9.1 The basis on which BBC makes the BBC Online Services available to you The BBC does not guarantee that all BBC Content and/or BBC Online Services will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions. The BBC reserves its right to modify, suspend or discontinue all or part of any BBC Online Service or any part of the BBC Content without giving you any notice. Any commentary, opinions or other materials included in BBC Content are not intended to amount to advice on which you should rely. 9.2 Types of loss or damage the BBC is not responsible for The BBC is not responsible for the following kinds of loss or damage which may arise from your use of BBC Online Services: * 9.2.1 loss or damage suffered by you or someone else when the BBC complies with the Terms; * 9.2.2 loss or damage which is caused by the BBC when it does not comply with the Terms but which the BBC and you could not anticipate nor expect to happen when you started using BBC Online Services; * 9.2.3 any loss which is indirect or a side effect of the main loss or damage and which the BBC and you could not anticipate nor expect to happen when you started using BBC Online Services, for instance if you lose revenue or salary, profit, opportunity or reputation; * 9.2.4 provided the BBC complies with its Privacy and Cookies Policy, any loss of data or damage to your device or software; and * 9.2.5 any loss or damage if BBC Online Services are not provided to you or are interrupted or suspended or if the BBC does not comply with the Terms because of events beyond the BBC's control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion, decision of the BBC Trust, rule or order or act of Government or other act or event beyond the reasonable control of the BBC. Nothing in the Terms excludes or limits either the BBC's or your liability for death or personal injury caused by negligence or for fraud. 9.3 Your legal rights as a consumer As a consumer, you may have certain legal rights regarding claims in respect of losses caused by the BBC's negligence or the failure by the BBC to carry out its obligations. Nothing in the Terms is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau. Skip to top 10. How can the BBC stop making BBC Online Services available to me and what happens if it does so? 10.1 The BBC's right to stop making BBC Online Services available to you The BBC reserves the right to stop making all or any part of the BBC Online Services available to you with immediate effect and without notice if: * 10.1.1 in its sole reasonable opinion you are using the BBC Content, BBC Online Services and/or any other BBC service, inappropriately (for instance harassing or causing distress or inconvenience to any other person), incompetently or in any way that may constitute derogatory treatment of the BBC or might bring the BBC into disrepute or in a way that might be considered to be prejudicial to the image of the BBC (with reference to the BBC Guidelines); * 10.1.2 you breach the Terms in a way that cannot be corrected, or you fail to correct a breach within a reasonable period of time if the BBC asks you to do so; or * 10.1.3 there is, in the BBC's reasonable opinion, any reason why the BBC Online Services must be withdrawn. 10.2 What happens if the BBC stops making BBC Online Services available to me? If the BBC stops making BBC Online Services available to you, you may be asked to delete all BBC Content downloaded by you to your device(s). Skip to top 11. What other (general) Terms of Use apply? 11.1 What happens if the BBC does not enforce a right against me? If the BBC decides not to exercise or enforce any right that it has against you at a particular time, then this does not prevent the BBC from later deciding to exercise or enforce that right. 11.2 What happens if any part of the Terms is found to be ineffective? If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable. 11.3 Third parties The Terms do not create or infer any rights that are enforceable by any person who is not party to the Terms. 11.4 Transfer of rights You may not assign, sub-license or otherwise transfer any of your rights and obligations in the Terms to any other person. 11.5 What happens if there is a dispute arising out of the Terms? Any disputes arising out of the Terms will be governed by and interpreted in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you live there). If you choose to bring proceedings in connection with the Terms you must do so in the courts of England and Wales unless you live in Scotland or Northern Ireland, in which case you can choose to bring proceedings there. Skip to top Terms of Use You are in the Terms of Use section of the BBC website. Useful Links Additional terms Privacy & Cookies Policy BBC Editorial Guidelines BBC Online Accessibility Standards BBC Webwise Guides Terms of Use of BBC Online Services - Personal use (download as PDF) External Link: TV Licensing Search term: ____________________ Search bbc.co.uk navigation * News * Sport * Weather * Travel * TV * Radio * More… * CBBC * CBeebies * Comedy * Food * Health * History * Learning * Music * Science * Nature * Local * Northern Ireland * Scotland * Wales * Full A-Z of BBC sites BBC links * + Mobile site + Terms of Use + About the BBC * + Advertise With Us + Privacy + BBC Help * + Ad Choices + Cookies + Accessibility Help * + Parental Guidance + Contact Us BBC BBC © 2013 The BBC is not responsible for the content of external sites. Read more. This page is best viewed in an up-to-date web browser with style sheets (CSS) enabled. While you will be able to view the content of this page in your current browser, you will not be able to get the full visual experience. Please consider upgrading your browser software or enabling style sheets (CSS) if you are able to do so. Accessibility Links * Skip to main content * Skip to CBC accessibility page Advertisment CBC Global Header Navigation * CBC.ca * News news drop down menu * Sports sports drop down menu * Music * Radio radio drop down menu * TV tv drop down menu * My Region drop down menu * More drop down menu * Watch watch drop down menu * Listen listen drop down menu Search CBC.ca Search______________ Submit Search Submit * Sign Up * Log In CBC logo * Terms of Use * Privacy * Copyright * Policies * User Generated Content Acceptance of Terms of Use Ownership Trademarks Disclaimer of Warranties Disclaimer and Limitation of Liability No Advice Linking Software Licenses and Ownership Submissions RSS Online Commerce Notice and Procedure for Making Claims of Copyright Infringement Indemnity Registration Passwords Security Termination Governing Law and Jurisdiction General Content Feeds Acceptance of Terms of Use IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. The Canadian Broadcasting Corporation (CBC/Radio Canada) owns and operates this Web, located at http://cbc.ca (the Web site). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the Web site. By accessing and using the Web site you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Web site. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE CBC/Radio Canada OPERATING WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. CBC/Radio Canada may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement. Disclaimer of Warranties THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. CBC/Radio Canada MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED. Linking The Web site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by CBC/Radio Canada of the contents of such third-party web sites. CBC/Radio Canada is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components. While CBC/Radio Canada encourages links to the Web site, it does not wish to be linked to or from any third-party web site which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of CBC/Radio Canada or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. CBC/Radio Canada reserves the right to prohibit or refuse to accept any link to the Web site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Web site upon the request of CBC/Radio Canada. RSS Please see our Content Feeds section below. Security Please note that information sent or received over the Internet is generally unsecure and CBC/Radio Canada cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information. General Any consent by CBC/Radio Canada to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with CBC/Radio Canada that expressly reference this Agreement, this is the entire agreement between you and CBC/Radio Canada relating to the matters contained herein. Ownership All materials displayed or otherwise accessible through the Web site, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the Content) are protected under Canadian and foreign copyright or other laws, and are owned by CBC/Radio Canada, its licensors or the party accredited as the provider of the Content. In addition, the Web site is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Web site. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF CBC/Radio Canada. Limitation of Liability SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL CBC/Radio Canada, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CBC/Radio Canada KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CBC/Radio Canada, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100)EVEN IF CBC/Radio Canada HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CBC/Radio Canada, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF CBC/Radio Canada OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION. CBC/Radio Canada EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL CBC/Radio Canada AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEB SITE. IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU HEREBY RELEASE CBC/Radio Canada AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE. Software Licenses and Ownership All software embedded in or located on or at the Web site, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by CBC/Radio Canada, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Web site, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software. If the Web site provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law. Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, licence, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so. Nothing contained in the Web site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Web site or made available for download from the Web site, including, but not limited, to any intellectual property rights in the Software. All Software embedded or integrated into the Web site is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data. Online Commerce The Web site may allow you to purchase many different types of products and services online that are provided by CBC/Radio Canada (the Wares and Services). When ordering Wares and Services on the Web site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested. Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the Wares and Services. CBC/Radio Canada, in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. CBC/Radio Canada, in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason. You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability. The sale of the Wares and Services is void where prohibited by law. CBC/Radio Canada, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the Wares and Services are listed at an incorrect price, due to a typographical error or an error in pricing information, CBC/Radio Canada, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order. The Web site may allow you to purchase many different types of products and services online that are provided by third parties (the Third-Party Merchandise). CBC/Radio Canada is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the Web site or linked from the Web site, the information obtained during your visit to any third-party web site and the information that you give, such as your credit card number and contact information, is collected by the third-party web site and not by CBC/Radio Canada. You release CBC/Radio Canada and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available on the Web site or by third-party web sites through the Web site. Registration To use certain features of the Web site, you may be asked to register with the Web site. You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If CBC/Radio Canada has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CBC/Radio Canada has the right to suspend or terminate your access to and use of the Web site (or any portion thereof). CBC/Radio Canada's use of any personally identifying information you provide as part of the registration process is governed by the terms of CBC/Radio Canada's Privacy Policy. Termination CBC/Radio Canada may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web site, (or any portion thereof). CBC/Radio Canada may also terminate your right to access and use the Web site, or any part of the Web site, if you breach any term or condition of this Agreement. Trademarks CANADIAN BROADCASTING CORPORATION, SOCIÉTÉ RADIO- CANADA, CBC, SRC, CBC SRC & DESIGN, CBC NEWS & DESIGN, NEWSWORLD, NEWSWORLD DESIGN, CBC NEWSWORLD & DESIGN, NEWSWORLD BUSINESS NEWS, NEWSWORLD INTERNATIONAL, NEWSWORLD INTERNATIONAL & DESIGN, RADIO CANADA INTERNATIONAL, THE NATIONAL, CIRCLE & DESIGN, CBC RADIO ONE, C's DESIGN, CANADA'S NEWS NETWORK, CANADA'S NUMBER ONE NEWS NETWORK, CE SOIR, CBC RADIO TWO and CBC RADIO TWO & DESIGN are official marks or trademarks of the Canadian Broadcasting Corporation. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Web site may constitute registered or unregistered trademarks of CBC/Radio Canada or third parties. While certain trademarks of third parties may be used by CBC/Radio Canada under license, the display of third-party trademarks on the Web site should not be taken to imply any relationship or license between CBC/Radio Canada and the owner of said trademark or to imply that CBC/Radio Canada endorses the wares, services or business of the owner of said trademark. Nothing contained on the Web site should be construed as granting you any license or right to use any trademark logo or design of CBC/Radio Canada or any third party, without the written permission of CBC/Radio Canada or the respective owner of any third-party trademark. No Advice The information contained on the Web site is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice. Submissions The Web site may provide features that allow you to post messages and content, to interact with CBC/Radio Canada and other users and to upload files, documents or other materials (collectively, Submissions). When using any of the features of the Web site which allow you to post, upload or make Submissions, it is a condition of your use of the Web site that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Web site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of CBC/Radio Canada imposes an unreasonable or disproportionately large load on the CBC/Radio Canada website infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the Web site for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes. By posting or uploading Submissions to the Web site, you grant CBC/Radio Canada a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of CBC/Radio Canada; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that CBC/Radio Canada is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Web site will be considered non-confidential. CBC/Radio Canada may review Submissions before they are posted. CBC/Radio Canada may refuse to post any Submission to the Web site. CBC/Radio Canada reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that CBC/Radio Canada may, in its sole discretion, monitor the Web site periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Web site properly or to protect itself or other users of the Web site. Any such disclosure shall be in accordance with CBC/Radio Canada's Privacy Policy. CBC/Radio Canada is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of CBC/Radio Canada. While CBC/Radio Canada is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Web site and terminating the submitting party's right to access and use the Web site (or any portion thereof). If CBC/Radio Canada authorizes you in writing to use Content to create new content, including for example and without limitation a "mash-up" for a CBC/Radio Canada contest or promotion ("Derivative Content"), the following shall apply: (i) You may only copy and use Content that is provided specifically for creation of the Derivative Content (the "Authorized Content"), and may not use any other Content owned by the CBC/Radio Canada or found on the Website. You may only copy and use the Authorized Content to create the Derivative Content and may not otherwise use, copy, modify, distribute, transmit, transfer, sell or exploit the Authorized Content. You shall have no right, title or interest in the Authorized Content, and will erase or destroy any Authorized Content in your possession upon submission of the Derivative Content to the CBC/Radio Canada. (ii) Unless explicitly stated otherwise, the Derivative Content shall be deemed to be a Submission pursuant to this section. (iii) Upon creation, you shall immediately communicate the Derivative Content to CBC/Radio Canada, and the Derivative Content shall be CBC/Radio Canada's sole and absolute property. You irrevocably assign, transfer and abandon all of your right, title and interest in and to the Derivative Content to CBC/Radio Canada. Accordingly, CBC/Radio Canada has the exclusive right to implement and authorize any provision under any law pertaining to intellectual property, including without limitation, the right to protect in its own name, as owner and author, the Derivative Content and any of its derivatives under law. You agree that you may not use the Derivative Content except as specifically authorized in writing by CBC/Radio Canada. (iv) CBC/Radio Canada may terminate at any time your right to access and use any or all Authorized Content and/or, to the extent any right to use has been granted, Derivative Content. Notice and Procedure for Making Claims of Copyright Infringement It is the policy of CBC/Radio Canada to respond to claims of intellectual property infringement. CBC/Radio Canada will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to http://www.cbc.ca/contact/ To be effective, the notification of infringement must be a written communication that includes the following: * A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; * Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; * Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; * A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law and; * A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Passwords To use certain features of the Web site, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify CBC/Radio Canada immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. CBC/Radio Canada cannot and will not be liable for any loss or damage arising from CBC/Radio Canada'S failure or your failure to protect your password or account information. Governing Law and Jurisdiction The Web site (excluding linked Web sites) is controlled by CBC/Radio Canada from its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. Content Feeds CBC may provide content feeds on or through the Web site including but not limited to, a selection of headlines, summaries or text blurbs, links to full stories, links to audio/video streams, which are available to users in various formats such as HTML, Really Simple Syndication, other XML (eXtensible Markup Language) technology, or other syndication technology (collectively, the "Content Feeds"). The Content Feeds are available for personal, noncommercial use. You may display, excerpt from, and link to the Content Feeds on your personal web site, weblog, or similar application for personal, noncommercial purposes, provided that * the links redirect the user to the Web site when the user clicks on them, * you do not insert any intermediate page, splash page or other content between the links and the applicable Web site page, * the use or display does not suggest that CBC promotes or endorses any third party causes, ideas, web sites, products or services, * the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and * you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal web site, weblog or similar application, * you may not redistribute the Content Feed, and * you must provide attribution to CBC by including "CBC" in text adjacent to the Content Feed. Any other use of CBC's trademarks or service marks or of the Content Feeds requires the prior written permission of CBC. For commercial use of CBC content feeds, please visit our Commercial Usepage. For permission requests, please e-mail us at permissions@cbc.ca. You agree to remove any link to the Web site and/or access to a Content Feed upon the request of CBC. CBC Global Footer Navigation CBC.ca * Aboriginal * Books * Contests * Digital Archives * Documentaries * Kids * Kids' CBC Preschool * Kids' CBC Wonder World * Music * News * Parents * Program Guide * Radio * Sports * Television * CBC Member Centre * CBC Player * CBC Shop Corporate * About CBC * Transparency and Accountability * Jobs * Production Facilities * Mobile Production Rentals * Ombudsman * CBC: Get the Facts * Independent Producers * Pitch a Radio or Audio Program * Program and Content Sales * Archive Sales * Educational Sales * Image Research Library & Still Photos * Tapes & Transcripts * Digital TV Stay Connected * Mobile * RSS * Podcasts * Member Services:Newsletters & Alerts CBC Links * Terms Of Use * Reuse & Permissions * Advertise * Privacy * Site Map * Contact Us CBC Radio-Canada Copyright © CBC 2013 * cbc.radio-canada.ca * cbc.ca * radio-canada.ca craigslist > about > terms of use CRAIGSLIST TERMS OF USE Last Updated: February 14, 2012 1. GENERAL craigslist, Inc. ("CL") provides services through its websites, programs and computer servers, including but not limited to classified advertising, forums, and email forwarding. (All such services are referred to collectively herein as "craigslist.") By accessing or using craigslist, you are a "user" and you accept and agree to the terms below (the "Terms of Use" or "TOU") as a legal contract between you and CL. The TOU include and incorporate additional terms ("guidelines") applicable to particular categories or services available on craigslist as set forth to users upon access to such categories or services. CL may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of craigslist. If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of craigslist, in which case any continuing access or use of craigslist is unauthorized. You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on craigslist. craigslist is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized. The TOU grant you a limited, revocable, nonexclusive license to access craigslist and use craigslist, in whole or in part, including but not limited to CL intellectual property therein, solely in compliance with the TOU. "CRAIGSLIST" and "CL" are trademarks of CL and are protected by United States and international laws. The TOU do not authorize you to use "CRAIGSLIST," "CL" or any similar or related marks (including, for example and without limitation, "Craigs," "Craig," "Craig's" and "_______list") for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with CL. 2. MODERATION CL has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via craigslist by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of craigslist) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that CL, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). CL may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. CL action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive CL's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation. You also understand and agree that any action or inaction by CL or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "CL Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither CL nor any CL Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU. Although CL Representatives may moderate content, conduct and TOU compliance on craigslist at CL's discretion, CL Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of CL will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of CL will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any CL Representative (or by anyone else acting on behalf of CL or by anyone purportedly acting on behalf of CL) that CL (including but not limited to any CL Representative, anyone else acting on behalf of CL, or anyone purportedly acting on behalf of CL) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that CL, CL Representatives and anyone else authorized to act on behalf of CL shall in no circumstance be liable as a result of any representation that CL, a CL Representative or anyone else on behalf of CL would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by CL's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted. CL also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of craigslist at any time without notice. CL and CL Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto. 3. CONTENT AND CONDUCT a. Content CL does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content. You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account. Content prohibited from craigslist includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via craigslist); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to craigslist would violate these TOU or CL's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on craigslist and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above. You automatically grant and assign to CL, and you represent and warrant that you have the right to grant and assign to CL, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to CL all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post). You agree to indemnify and hold CL and CL Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by CL or CL Representatives. b. Conduct CL does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct. You are also responsible for your own conduct and activities on, through or related to craigslist, and, if you create an account on craigslist, you are responsible for all conduct or activities on, through or by use of your account. You agree to indemnify and hold CL and CL Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to craigslist or CL, and related to or arising out of any conduct or activities on, through or by use of your craigslist account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by CL or CL Representatives. 4. POSTING AND ACCOUNTS This section 4 applies to all uses and users of craigslist, unless CL has specifically authorized an exception to a particular term for a particular user in a written agreement. CL has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4. a. Postings craigslist is intended and designed as a local service. A user may post content only to the single specific geographic area offered on craigslist (see http://www.craigslist.org/about/sites) for which that content is most relevant. The same or substantially similar content (for example, an ad for a particular item or service, a particular offer, a particular message or a particular comment) may not be posted to or communicated via more than one such geographic area. Content that is equally relevant to multiple (i.e., more than one) geographic areas should not be posted on craigslist. The same or substantially similar content may not be posted in more than one craigslist category. A user may post content only in the single craigslist category to which it is most relevant, and must not post content to inappropriate categories. For example, content advertising classes or vocational training must be posted under the "classes" category of the "community" section and may not be posted in any "jobs" category. Likewise, content advertising auto financing must be posted under the "financial" category of the "services" sections and not under "cars/trucks" category in the "for sale" section. Similarly, services relating to real estate must be posted under "real estate" category of the "services" section and may not be posted to any category within the "housing" section. A user may post the same or substantially similar content no more than once every 48 hours. Where a craigslist category provides specific subcategories for posts by particular types of users (e.g., car sales "by-owners" versus "by-dealers," and real estate for sale "by-owner" versus "by-broker"), a user may post content only in the single user sub-category most accurate for that user. In particular, no user acting as a broker, agent or dealer may post in any "by owner" category. Users may not circumvent any technological measure implemented by CL to restrict the manner in which content may be posted on craigslist or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent craigslist accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning." It is expressly prohibited for any third party to post content to craigslist on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them. It is expressly prohibited to post content to craigslist using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to CL for each instance of access to craigslist (by any user or other third party) using that automated means. Affiliate marketing is expressly prohibited on craigslist. Users may not post content or communicate with any craigslist user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance. b. Accounts A user may maintain and use no more than one account, including a telephone or phone-verified account ("PVA"), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU. A user may create an account, including a PVA, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited. A user must only use his/her own account or PVA, and may not use any account or PVA of another. The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited. A user must create his/her account or PVA personally and manually and may not create accounts or PVAs by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any PVA using his/her own valid telephone number. The creation of a PVA using a telephone number that is not the user's own, a telephonic forwarding service or system, or a temporary/disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or PVA creation process is also expressly prohibited. c. Flagging A user shall not "flag" (or otherwise seek removal of) content on craigslist without a personal, good-faith belief that the content violates the TOU. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others. A user may flag a specific item of content only once. A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever). 5. UNAUTHORIZED ACCESS AND ACTIVITIES This section 5 applies to all uses and users of craigslist, unless CL has specifically authorized an exception to a particular term for a particular user in a written agreement. CL has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5. To maintain the integrity and functionality of craigslist for its users, access to craigslist and/or activities related to craigslist that are harmful to, inconsistent with or disruptive of craigslist and/or its users' beneficial use and enjoyment of craigslist are expressly unauthorized and prohibited. For example, without limitation: The collection of craigslist users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose. Any copying, aggregation, display, distribution, performance or derivative use of craigslist or any content posted on craigslist whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access craigslist without individual written agreements executed with CL that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant craigslist website, service, forum or content; (b) they access craigslist from a stable IP address using an easily identifiable agent; and (c) they comply with CL's robots.txt file; provided however, that CL may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access craigslist without their own written agreement executed with CL), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice. Any access to or use of craigslist to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with craigslist (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future. If you access craigslist or copy, display, distribute, perform or create derivative works from craigslist webpages or other CL intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on craigslist or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of craigslist webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. S: 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of CL pursuant to 17 U.S.C. S: 1201. Any effort to decompile, disassemble or reverse engineer all or any part of craigslist in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited. Any activities (including but not limited to posting voluminous content) that are inconsistent with use of craigslist in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of craigslist in any manner are expressly prohibited. Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU. 6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS CL and CL Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. You agree to indemnify and hold CL and CL Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by CL or CL Representatives. 7. FEES CL may charge a fee to post content or for other features, products, services or licenses. You are responsible to CL for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize CL, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees. Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by CL or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, CL reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days. 8. DISCLAIMERS YOUR ACCESS TO, USE OF AND RELIANCE ON CRAIGSLIST AND CONTENT ACCESSED THROUGH CRAIGSLIST IS ENTIRELY AT YOUR OWN RISK. CRAIGSLIST (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED. 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You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect. 15. FEEDBACK Comments on these TOU are welcome in the CL feedback forum: http://forums.craigslist.org/?forumID=8 Error 503 Service Unavailable Service Unavailable Guru Meditation: XID: 1762983293 __________________________________________________________________ Varnish cache server The Constitution Act, 1867 (THE BRITISH NORTH AMERICA ACT, 1867) 30 & 31 Victoria, c. 3. [Consolidated with amendments] An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected therewith. (29th March, 1867.) WHEREAS the Provinces of Canada, Nova Scotia and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom: And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interests of the British Empire: And whereas on the Establishment of the Union by the Authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared: And whereas it is expedient that Provision be made for the eventual Admission into the Union of other Parts of British North America: (1) I. PRELIMINARY. 1. This Act may be cited as the Constitution Act, 1867.(2) 2. Repealed(3) II. UNION. 3. It shall be lawful for the Queen, by and with the Advice of Her Majesty's Most Honourable Privy Council, to declare by Proclamation that, on and after the passing of this Act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be One Dominion under the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly.(4) 4. Unless it is otherwise expressed or implied, the Name Canada shall be taken to mean Canada as constituted under this Act.(5) 5. Canada shall be divided into Four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick.(6) 6. The Parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the Province of Upper Canada and Lower Canada shall be deemed to be severed, and shall form Two separate Provinces. The Part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario; and the Part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec. 7. The Provinces of Nova Scotia and New Brunswick shall have the same Limits as at the passing of this Act. 8. In the general Census of the Population of Canada which is hereby required to be taken in the Year One Thousand eight hundred and seventy-one, and every Tenth Year thereafter, the respective Populations of the Four Provinces shall be distinguished. III. EXECUTIVE POWER. 9. The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen. 10. The Provisions of this Act referring to the Governor General extend and apply to the Governor General for the Time being of Canada, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of Canada on behalf and in the Name of the Queen, by whatever Title he is designated. 11. There shall be a Council to aid and advise in the Government of Canada, to be styled the Queen's Privy Council for Canada; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Governor General and sworn in as Privy Councillors, and Members thereof may be from Time to Time removed by the Governor General. 12. All Powers, Authorities, and Functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, are at the Union vested in or exerciseable by the respective Governors or Lieutenant Governors of those Provinces, with the Advice, or with the Advice and Consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exerciseable by the Governor General with the Advice, or with the Advice and Consent of or in conjunction with the Queen's Privy Council for Canada, or any Member thereof, or by the Governor General individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be established or altered by the Parliament of Canada.(7) 13. The provisions of this Act referring to the Governor General in Council shall be construed as referring to the Governor General acting by and with the Advice of the Queen's Privy Council for Canada. 14. It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor General from Time to Time appoint any Person or any Persons jointly or severally to be his Deputy or Deputies within any Part or Parts of Canada, and in that Capacity exercise during the Pleasure of the Governor General such of the Powers, Authorities, and Functions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the Governor General himself of any Power, Authority, or Function. 15. The Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue to be vested in the Queen. 16. Until the Queen otherwise directs, the Seat of Government of Canada shall be Ottawa. IV. LEGISLATIVE POWER 17. There shall be One Parliament for Canada, consisting of the Queen, an Upper House styled the Senate, and the House of Commons. 18. The privileges, immunities, and powers to be held, enjoyed, and exercised by the Senate and by the House of Commons, and by the Members thereof respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that any Act of the Parliament of Canada defining such privileges, immunities, and powers shall not confer any privileges, immunities, or powers exceeding those at the passing of such Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the Members thereof.(8) 19. The Parliament of Canada shall be called together not later than Six Months after the Union.(9) 20. Repealed.(10) The Senate 21. The Senate shall, subject to the Provisions of this Act consist of One Hundred and five Members, who shall be styled Senators.(11) 22. In relation to the Constitution of the Senate Canada shall be deemed to consist of Four Divisions:-- 1. Ontario; 2. Quebec; 3. The Maritime Provinces, Nova Scotia, and New Brunswick, and Prince Edward Island; 4. The Western Provinces of Manitoba, British Columbia, Saskatchewan, and Alberta; which Four Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as follows: Ontario by twenty-four senators; Quebec by twenty-four senators; the Maritime Provinces and Prince Edward Island by twenty-four senators, ten thereof representing Nova Scotia, ten thereof representing New Brunswick, and four thereof representing Prince Edward Island; the Western Provinces by twenty-four senators, six thereof representing Manitoba, six thereof representing British Columbia, six thereof representing Saskatchewan, and six thereof representing Alberta; Newfoundland shall be entitled to be represented in the Senate by six members; the Yukon Territory and the Northwest Territories shall be entitled to be represented in the Senate by one member each. In the case of Quebec each of the Twenty-four Senators representing that Province shall be appointed for One of the Twenty-four Electoral Divisions of Lower Canada specified in Schedule A. to Chapter One of the Consolidated Statutes of Canada.(12) 23. The Qualification of a Senator shall be as follows: (1) He shall be of the full age of Thirty Years: (2) He shall be either a natural-born Subject of the Queen, or a Subject of the Queen naturalized by an Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of One of the Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, before the Union, or of the Parliament of Canada, after the Union: (3) He shall be legally or equitably seised as of Freehold for his own Use and Benefit of Lands or Tenements held in Free and Common Socage, or seised or possessed for his own Use and Benefit of Lands or Tenements held in Franc-alleu or in Roture, within the Province for which he is appointed, of the Value of Four thousand Dollars, over and above all the Rents, Dues, Debts, Charges, Mortgages, and Incumbrances due or payable out of or charged on or affecting the same: (4) His Real and Personal Property shall be together worth Four thousand Dollars over and above his Debts and Liabilities: (5) He shall be resident in the Province for which he is appointed: (6) In the case of Quebec he shall have his Real Property Qualification in the Electoral Division for which he is appointed, or shall be resident in that Division.(13) 24. The Governor General shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Senate; and, subject to the Provisions of this Act, every Person so summoned shall become and be a Member of the Senate and a Senator. 25. Repealed.(14) 26. If at any Time on the Recommendation of the Governor General the Queen thinks fit to direct that Four or Eight Members be added to the Senate, the Governor General may by Summons to Four or Eight qualified Persons (as the Case may be), representing equally the Four Divisions of Canada, add to the Senate accordingly.(15) 27. In case of such Addition being at any Time made, the Governor General shall not summon any Person to the Senate, except upon a further like Direction by the Queen on the like Recommendation, to represent one of the Four Divisions until such Division is represented by Twenty-four Senators and no more.(16) 28. The Number of Senators shall not at any Time exceed One Hundred and thirteen.(17) 29. (1) Subject to subsection (2), a Senator shall, subject to the provisions of this Act, hold his place in the Senate for life. (2) A Senator who is summoned to the Senate after the coming into force of this subsection shall, subject to this Act, hold his place in the Senate until he attains the age of seventy-five years.(18) 30. A Senator may by Writing under his Hand addressed to the Governor General resign his Place in the Senate, and Thereupon the same shall be vacant. 31. The Place of a Senator shall become vacant in any of the following Cases: (1) If for Two consecutive Sessions of the Parliament he fails to give his Attendance in the Senate: (2) If he takes an Oath or makes a Declaration or Acknowledgement of Allegiance, Obedience, or Adherence to a Foreign Power, or does an Act whereby he becomes a Subject or Citizen, or entitled to the Rights or Privileges of a Subject or Citizen, of a Foreign Power: (3) If he is adjudged Bankrupt or Insolvent, or applies for the Benefit of any Law relating to Insolvent Debtors, or becomes a public Defaulter: (4) If he is attainted of Treason or convicted of Felony or of any infamous Crime: (5) If he ceases to be qualified in respect of Property or of Residence; provided that a Senator shall not be deemed to have ceased to be qualified in respect of Residence by reason only of his residing at the Seat of the Government of Canada while holding an Office under that Government requiring his Presence there. 32. When a vacancy happens in the Senate by Resignation, Death or otherwise, the Governor General shall by Summons to a fit and qualified Person fill the Vacancy. 33. If any Question arises respecting the Qualification of a Senator or a Vacancy in the Senate the same shall be heard and determined by the Senate. 34. The Governor General may from Time to Time, by Instrument under the Great Seal of Canada, appoint a Senator to be Speaker of the Senate, and may remove him and appoint another in his Stead.(19) 35. Until the Parliament of Canada otherwise provides, the Presence of at least Fifteen Senators, including the Speaker, shall be necessary to constitute a Meeting of the Senate for the Exercise of its Powers. 36. Questions arising in the Senate shall be decided by a Majority of Voices, and the Speaker shall in all Cases have a Vote , and when the Voices are equal the Decision shall be deemed to be in the Negative. The House of Commons 37. The House of Commons shall, subject to the Provisions of this Act, consist of two hundred and eighty-two members of whom ninety-five shall be elected for Ontario, seventy-five for Quebec, eleven for Nova Scotia, ten for New Brunswick, fourteen for Manitoba, twenty-eight for British Columbia, four for Prince Edward Island, twenty-one for Alberta, fourteen for Saskatchewan, seven for Newfoundland, one for the Yukon Territory and two for the Northwest Territories.(20) 38. The Governor General shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of Canada, summon and call together the House of Commons. 39. A Senator shall not be capable of being elected or of sitting or voting as a Member of the House of Commons. 40. Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova Scotia and New Brunswick shall, for the Purposes of the Election of Members to serve in the House of Commons, be divided into Electoral districts as follows: 1. ONTARIO Ontario shall be divided into the Counties, Ridings of Counties, Cities, Parts of Cities, and Towns enumerated in the First Schedule to this Act, each whereof shall be an Electoral District, each such District as numbered in that Schedule being entitled to return One Member. 2. QUEBEC Quebec shall be divided into Sixty-five Electoral Districts, composed of the Sixty-five Electoral Divisions into which Lower Canada is at the passing of this Act divided under Chapter Two of the Consolidated Statutes of Canada, Chapter Seventy-five of the Consolidated Statutes for Lower Canada, and the Act of the Province of Canada of the Twenty-third Year of the Queen, Chapter One, or any other Act amending the same in force at the Union, so that each such Electoral Division shall be for the Purposes of this Act an Electoral District entitled to return One Member. 3. NOVA SCOTIA Each of the Eighteen Counties of Nova Scotia shall be an Electoral District. The County of Halifax shall be entitled to return Two Members, and each of the other Counties One Member. 4. NEW BRUNSWICK Each of the Fourteen Counties into which New Brunswick is divided, including the City and County of St. John shall be an Electoral District. The City of St. John shall also be a separate Electoral District. Each of those Fifteen Electoral Districts shall be entitled to return One Member.(21) 41. Until the Parliament of Canada otherwise provides, all Laws in force in the several Provinces at the Union relative to the following Matters or any of them, namely,--the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the House of Assembly or the Legislative Assembly in the several Provinces, the Voters at Elections of such Members, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which Elections may be continued, the Trial of controverted Elections, and Proceedings incident thereto, the vacating of Seats of Members, and the Execution of new Writs in case of Seats vacated otherwise than by Dissolution,--shall respectively apply to Elections of Members to serve in the House of Commons for the same several Provinces. Provided that, until the Parliament of Canada otherwise provides, at any Election for a Member of the House of Commons for the District of Algoma, in addition to Persons qualified by the Law of the Province of Canada to vote, every Male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a Vote.(22) 42. Repealed.(23) 43. Repealed.(24) 44. The House of Commons on its first assembling after a General Election shall proceed with all practicable Speed to select One of its Members to be Speaker. 45. In case of a Vacancy happening in the Office of Speaker by Death, Resignation, or otherwise, the House of Commons shall with all practicable Speed proceed to elect another of its Members to be Speaker. 46. The Speaker shall preside at all Meetings of the House of Commons. 47. Until the Parliament of Canada otherwise provides, in case of the Absence for any Reason of the Speaker from the Chair of the House of Commons for a Period of Forty-eight consecutive Hours, the House may elect another of its Members to act as Speaker, and the Member so elected shall during the Continuance of such Absence of the Speaker have and execute all the Powers, Privileges, and Duties of Speaker.(25) 48. The Presence of at least Twenty Members of the House of Commons shall be necessary to constitute a Meeting of the House for the Exercise of its Powers, and for that Purpose the Speaker shall be reckoned as a Member. 49. Questions arising in the House of Commons shall be decided by a Majority of Voices other than that of the Speaker, and when the Voices are equal, but not otherwise, the Speaker shall have a Vote. 50. Every House of Commons shall continue for Five Years from the Day of the Return of the Writs for choosing the House (subject to be sooner dissolved by the Governor General), and no longer.(26) 51. (1) The number of members of the House of Commons and the representation of the provinces therein shall, on the coming into the force of this subsection and thereafter on the completion of each decennial census, be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following rules: 1. There shall assigned to each of the provinces a number of members equal to the number obtained by dividing the total population of the population of the provinces by two hundred and seventy-nine and by dividing the population of each province by the quotient so obtained, counting any remainder in excess of 0.50 as one after the said process of division. 2. If the total number of members that would be assigned to a province by the application of rule 1 is less than the total number assigned to that province on the date of coming into force of this subsection, there shall be added to the number of members so assigned such number of members as will result in the province having the same number of members as were assigned on that date.(27) (2) The Yukon Territory as bounded and described in the schedule to chapter Y-2 of the Revised Statutes of Canada, 1985, shall be entitled to one member, and the Northwest Territories as bounded and described in section 2 of chapter N-27 of the Revised Statutes of Canada, 1985, as amended by section 77 of chapter 28 of the Statutes of Canada, 1993, shall be entitled to one member, and Nunavut as bounded and described in section 3 of chapter 28 of the Statutes of Canada, 1993, shall be entitled to one member.(28) 51A. Notwithstanding anything in this Act a province shall always be entitled to a number of members in the House of Commons not less than the number of senators representing such province.(29) 52. The Number of Members of the House of Commons may be from Time to Time increased by the Parliament of Canada, provided the proportionate Representation of the Provinces prescribed by this Act is not thereby disturbed. Money Votes; Royal Assent. 53. Bills for appropriating any Part of the Public Revenue, or for imposing any Tax or Impost, shall originate in the House of Commons. 54. It shall not be lawful for the House of Commons to adopt or pass any Vote, Resolution, Address, or Bill for the Appropriation of any Part of the Public Revenue, or of any Tax or Impost, to any Purpose that has not been first recommended to that House by Message of the Governor General in the Session in which such Vote, Resolution, Address, or Bill is proposed. 55. Where a Bill passed by the Houses of Parliament is presented to the Governor General for the Queen's Assent, he shall declare, according to his Discretion, but subject to the Provisions of this Act and to Her Majesty's Instructions, either that he assents thereto in the Queen's name, or that he withholds the Queen's Assent, or that he reserves the Bill for the Signification of the Queen's Pleasure. 56. Where the Governor General assents to a Bill in the Queen's Name, he shall by the first convenient Opportunity send an authentic Copy of the Act to one of Her Majesty's Principal Secretaries of State, and if the Queen in Council within Two Years after the Receipt thereof by the Secretary of State thinks fit to disallow the Act, such Disallowance (with a Certificate of the Secretary of State of the Day on which the Act was received by him) being signified by the Governor General, by Speech or Message to each of the Houses of the Parliament or by Proclamation, shall annul the Act from and after the Day of Such Signification. 57. A Bill reserved for the Signification of the Queen's Pleasure shall not have any Force unless and until, within Two Years from the Day on which it was presented to the Governor General for the Queen's Assent, the Governor General signifies, by Speech or Message to each of the Houses of the Parliament or by Proclamation, that it has received the Assent of the Queen in Council. An Entry of every such Speech, Message, or Proclamation shall be made in the Journal of each House, and a Duplicate thereof duly attested shall be delivered to the proper Officer to be kept among the Records of Canada. V. PROVINCIAL CONSTITUTIONS Executive Power. 58. For each Province there shall be an Officer, styled the Lieutenant Governor, appointed by the Governor General in Council by Instrument under the Great Seal of Canada. 59. A Lieutenant Governor shall hold Office during the Pleasure of the Governor General; but any Lieutenant Governor appointed after the Commencement of the First Session of the Parliament of Canada shall not be removable Within Five Years of his Appointment, except for Cause assigned, which shall be communicated to him in Writing within One Month after the Order for his Removal is made, and shall be communicated by Message to the Senate and to the House of Commons within One Week thereafter if the Parliament is then sitting, and if not then within One Week after the Commencement of the next Session of the Parliament. 60. The Salaries of the Lieutenant Governors shall be fixed and provided for by the Parliament of Canada.(30) 61. Every Lieutenant Governor shall, before assuming the Duties of his Office, make and subscribe before the Governor General or some Person authorized by him Oaths of Allegiance and Office similar to those taken by the Governor General. 62. The Provisions of this Act referring to the Lieutenant Governor extend and apply to the Lieutenant Governor for the Time being of each Province, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of the Province, by whatever Title he is designated. 63. The Executive Council of Ontario and of Quebec shall be composed of such Person as the Lieutenant Governor from Time to Time thinks fit, and in the first instance of the following Officers, namely,--the Attorney General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, with in Quebec, the Speaker of the Legislative Council and the Solicitor General.(31) 64. The Constitution of the Executive Authority in each of the Provinces of Nova Scotia and New Brunswick shall, subject to the Provisions of this Act, continue as it exists at the Union until altered under the Authority of this Act.(32) 65. All Powers, Authorities, and Functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, or Canada, were or are before or at the Union vested in or exerciseable by the respective Governors or Lieutenant Governors of those Provinces, with the Advice or Consent of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same are capable of being exercised after the Union in relation to the Government of Ontario and Quebec respectively, with the Advice or with the Advice and Consent of or in conjunction with the respective Executive Councils, or any Members thereof, or by the Lieutenant Governor individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland,) to be abolished or altered by the respective Legislatures of Ontario and Quebec.(33) 66. The Provisions of this Act referring to the Lieutenant Governor in Council shall be construed as referring to the Lieutenant Governor of the Province acting by and with the Advice the Executive Council thereof. 67. The Governor General in Council may from Time to Time appoint an Administrator to execute the office and Functions of Lieutenant Governor during his Absence, Illness, or other Inability. 68. Unless and Until the Executive Government of any Province otherwise directs with respect to that Province, the Seats of Government of the Provinces shall be as follows, namely,--of Ontario, the City of Toronto; of Quebec, the City of Quebec; of Nova Scotia, the City of Halifax; and of New Brunswick, the City of Fredericton. Legislative Power. 1.--ONTARIO. 69. There shall be a Legislature for Ontario consisting of the Lieutenant Governor and of One House, styled the Legislative Assembly of Ontario. 70. The Legislative Assembly of Ontario shall be composed of Eighty-two Members, to be elected to represent the Eighty-two Electoral Districts set forth in the First Schedule to this Act.(34) 2. QUEBEC 71. There shall be a Legislature for Quebec consisting of the Lieutenant Governor and of Two Houses, styled the Legislative Council of Quebec and the Legislative Assembly of Quebec.(35) 72. The Legislative Council of Quebec shall be composed of Twenty-four Members, to be appointed by the Lieutenant Governor, in the Queen's Name, by Instrument under the Great Seal of Quebec, One being appointed to represent each of the Twenty-four Electoral Divisions of Lower Canada in this Act referred to, and each holding Office for the Term of his Life, unless the Legislature of Quebec otherwise provides under the Provisions of this Act. 73. The Qualifications of the Legislative Councillors of Quebec shall be the same as those of the Senators for Quebec. 74. The Place of a Legislative Councillor of Quebec shall become vacant in the Cases, mutatis mutandis, in which the Place of Senator becomes vacant. 75. When a Vacancy happens in the Legislative Council of Quebec by Resignation, Death, or otherwise, the Lieutenant Governor, in the Queen's Name, by Instrument under the Great Seal of Quebec, shall appoint a fit and qualified Person to fill the Vacancy. 76. If any Question arises respecting the Qualification of a Legislative Councillor of Quebec, or a Vacancy in the Legislative Council of Quebec, the same shall be heard and determined by the Legislative Council. 77. The Lieutenant Governor may from Time to Time, by Instrument under the Great Seal of Quebec, appoint a Member of the Legislative Council of Quebec to be Speaker thereof, and may remove him and appoint another in his Stead. 78. Until the Legislature of Quebec otherwise provides, the Presence of at least Ten Members of the Legislative Council, including the Speaker, shall be necessary to constitute a Meeting for the Exercise of its Powers. 79. Questions arising in the Legislative Council of Quebec shall be decided by a Majority of Voices, and the Speaker shall in all Cases have a Vote, and when the Voices are equal the Decision shall be deemed to be in the Negative. 80. The Legislative Assembly of Quebec shall be composed of Sixty- five Members, to be elected to represent the Sixty-five Electoral Divisions or Districts of Lower Canada in this Act referred to, subject to Alteration thereof by the Legislature of Quebec: Provided that it shall not be lawful to present to the Lieutenant Governor of Quebec for Assent any Bill for altering the Limits of any of the Electoral Divisions or Districts mentioned in the Second Schedule to this Act, unless the Second and Third Readings of such Bill have been passed in the Legislative Assembly with the Concurrence of the Majority of the Members representing all those Electoral Divisions or Districts, and the Assent shall not be given to such Bill unless an Address has been presented by the Legislative Assembly to the Lieutenant Governor stating that it has been so passed.(36) 3. ONTARIO AND QUEBEC 81. Repealed.(37) 82. The Lieutenant Governor of Ontario and of Quebec shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of the Province, summon and call together the Legislative Assembly of the Province. 83. Until the Legislature of Ontario or of Quebec otherwise provides, a Person accepting or holding in Ontario or in Quebec any Office, Commission, or Employment, permanent or temporary, at the Nomination of the Lieutenant Governor, to which annual Salary, or Fee, Allowance, Emolument, or Profit of any Kind or Amount whatever from the Province is attached, shall not be eligible as a Member of the Legislative Assembly of the respective Province, nor shall he sit or vote as such; but nothing in this Section shall make ineligible any Person being a member of the Executive Council of the respective Province, or holding any of the following Offices, that is to say, the Offices of Attorney General, Secretary and Registrar of the Province, Treasurer of the Province, Commissioner of Crown Lands, and Commissioner of Agriculture and Public Works, and in Quebec Solicitor General, or shall disqualify him to sit or vote in the House for which he is elected, provided he is elected while holding such Office.(38) 84. Until the Legislatures of Ontario and Quebec respectively otherwise provide, all Laws which at the Union are in force in those Provinces respectively, relative to the following Matters, or any of them, namely, -- the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the Assembly of Canada, the Qualifications and Disqualifications of Voters, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which such Elections may be continued, and the Trial of controverted Elections and the Proceedings incident thereto, the vacating of Seats of Members and the issuing and execution of new Writs in case of Seats vacated otherwise than by Dissolution, -- shall respectively apply to Elections of Members to serve in the respective Legislative Assemblies of Ontario and Quebec. Provided that, until the Legislature of Ontario otherwise provides, at any Election for a Member of the Legislative Assembly of Ontario for the District of Algoma, in addition to Persons qualified by the Law of the Province of Canada to vote, every male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a vote.(39) 85. Every Legislative Assembly of Ontario and every Legislative Assembly of Quebec shall continue for Four Years from the Day of the Return of the Writs for choosing the same (subject nevertheless to either the Legislative Assembly of Ontario or the Legislative Assembly of Quebec being sooner dissolved by the Lieutenant Governor of the Province), and no longer.(40) 86. There shall be a Session of the Legislature of Ontario and of that of Quebec once at least in every Year, so that Twelve Months shall not intervene between the last Sitting of the Legislature in each Province in one Session and its first Sitting in the next Session.(41) 87. The following Provisions of this Act respecting the House of Commons of Canada shall extend and apply to the Legislative Assemblies of Ontario and Quebec, that is to say, -- the Provisions relating to the Election of a Speaker originally and on Vacancies, the Duties of Speaker, the Absence of the Speaker, the Quorum, and the Mode of voting, as if those Provisions were here re-enacted and made applicable in Terms to each such Legislative Assembly. 4. NOVA SCOTIA AND NEW BRUNSWICK 88. The Constitution of the Legislature of each of the Provinces of Nova Scotia and New Brunswick shall, subject to the Provision of this Act, continue as it exists at the Union until altered under the Authority of this Act.(42) 89. Repealed. (43) 6. THE FOUR PROVINCES 90. The following Provisions of this Act respecting the Parliament of Canada, namely,-- the Provisions relating to Appropriation and Tax Bills, the Recommendation of Money Votes, the Assent to Bills, the Disallowance of Acts, and the Signification of Pleasure on Bills reserved,--shall extend and apply to the Legislatures of the several Provinces as if those Provisions were here re-enacted and made applicable in Terms to the respective Provinces and the Legislatures thereof, with the Substitution of the Lieutenant Governor of the Province for the Governor General, of the Governor General for the Queen and for a Secretary of State, of One Year for Two Years, and of the Province for Canada. VI. DISTRIBUTION OF LEGISLATIVE POWERS Powers of the Parliament 91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,-- 1. Repealed. (44) 1A. The Public Debt and Property. (45) 2. The Regulation of Trade and Commerce. 2A. Unemployment insurance. (46) 3. The raising of Money by any Mode or System of Taxation. 4. The borrowing of Money on the Public Credit. 5. Postal Service. 6. The Census and Statistics. 7. Militia, Military and Naval Service, and Defence. 8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada. 9. Beacons, Buoys, Lighthouses, and Sable Island. 10. Navigation and Shipping. 11. Quarantine and the Establishment and Maintenance of Marine Hospitals. 12. Sea Coast and Inland Fisheries. 13. Ferries between a Province and any British or Foreign Country or between Two Provinces. 14. Currency and Coinage. 15. Banking, Incorporation of Banks, and the Issue of Paper Money. 16. Savings Banks. 17. Weights and Measures. 18. Bills of Exchange and Promissory Notes. 19. Interest. 20. Legal Tender. 21. Bankruptcy and Insolvency. 22. Patents of Invention and Discovery. 23. Copyrights. 24. Indians, and Lands reserved for the Indians. 25. Naturalization and Aliens. 26. Marriage and Divorce. 27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters. 28. The Establishment, Maintenance, and Management of Penitentiaries. 29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces. And any Matter coming within any of the Classes of Subjects enumerated in this section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.(47) Exclusive Powers of Provincial Legislatures. 92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subject next hereinafter enumerated; that is to say,-- 1. Repealed.(48) 2. Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes. 3. The borrowing of Money on the sole Credit of the Province. 4. The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers. 5. The Management and Sale of the Public Lands belonging to the Province and of the Timber and Wood thereon. 6. The Establishment, Maintenance, and Management of Public and Reformatory Prisons in and for the Province. 7. The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals. 8. Municipal Institutions in the Province. 9. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes. 10. Local Works and Undertakings other than such as are of the following Classes:-- (a) Lines of Steam or other Ships, Railways, Canals, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province; (b) Lines of Steam Ships between the Province and any British or Foreign Country; (c) Such Works as, although wholly situate within the Province, are before or after the Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces. 11. The Incorporation of Companies with Provincial Objects. 12. The Solemnization of Marriage in the Province. 13. Property and Civil Rights in the Province. 14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts. 15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section. 16. Generally all Matters of a merely local or private Nature in the Province. Non-Renewable Natural Resources, Forestry Resources and Electrical Energy. 92A. (1) In each province, the legislature may exclusively make laws in relation to (a) exploration for non-renewable natural resources in the province; (b) development, conservation and management of non-renewable resources natural resources and forestry resources in the province, including laws in relation to the rate of primary production therefrom; and (c) development, conservation and management of sites and facilities in the province for the generation and production of electrical energy. (2) In each province, the legislature may make laws in relation to the export from the province to another part of Canada of the primary production from non-renewable natural resources and forestry resources in the province and the production from facilities in the province for the generation of electrical energy, but such laws may not authorize or provide for discrimination in prices or in supplies exported to another part of Canada. (3) Nothing in subsection (2) derogates from the authority of Parliament to enact laws in relation to the matters referred to in that subsection and, where such a law of Parliament and a law of a province conflict, the law of Parliament prevails to the extent of the conflict. (4) In each province, the legislature may make laws in relation to the raising of money by any mode or system of taxation in respect of (a) non-renewable natural resources and forestry resources in the province and the primary production therefrom, and (b) sites and facilities in the province for the generation of electrical energy and the production therefrom, whether or not such production is exported in whole or in part from the province, but such laws may not authorize or provide for taxation that differentiates between production exported to another part of Canada and production not exported from the province. (5) The expression "primary production" has the meaning assigned by the Sixth Schedule. (6) Nothing in subsections (1) to (5) derogates from any power or rights that a legislature or government of a province had immediately before the coming into force of this section.(49) Education. 93. In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions:-- (1) Nothing in any such Law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union: (2) All the Powers, Privileges and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec: (3) Where in any Province a System of Separate or Dissentient Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen's Subjects in relation to Education: (4) In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section.(50) 93A. Paragraphs (1) to (4) of section 93 do not apply to Quebec. (50.1) Uniformity of Laws in Ontario, Nova Scotia and New Brunswick. 94. Notwithstanding anything in this Act, the Parliament of Canada may make Provision for the Uniformity of all or any of the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and of the Procedure of all or any of the Courts in Those Three Provinces, and from and after the passing of any Act in that Behalf the Power of the Parliament of Canada to make Laws in relation to any Matter comprised in any such Act shall, notwithstanding anything in this Act, be unrestricted; but any Act of the Parliament of Canada making Provision for such Uniformity shall not have effect in any Province unless and until it is adopted and enacted as Law by the Legislature thereof. Old Age Pensions. 94A. The Parliament of Canada may make laws in relation to old age pensions and supplementary benefits, including survivors, and disability benefits irrespective of age, but no such law shall affect the operation of any law present or future of a provincial legislature in relation to any such matters.(51) Agriculture and Immigration. 95. In each Province the Legislature may make Laws in relation to Agriculture in the Province, and to Immigration into the Province; and it is hereby declared that the Parliament of Canada may from Time to Time Make Laws in relation to Agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces; and any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far as it is not repugnant to any Act of the Parliament of Canada. VII. JUDICATURE 96. The Governor General shall appoint the Judges of the Superior, District, and County Courts in each Province, except those of the Courts of Probate in Nova Scotia and New Brunswick. 97. Until the laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and the Procedure of the Courts in those Provinces, are made uniform, the Judges of the Courts of those Provinces appointed by the Governor General shall be selected from the respective Bars of those Provinces. 98. The Judges of the Courts of Quebec shall be selected from the Bar of that Province. 99. (1) Subject to subsection two of section, the Judges of the Superior Courts shall hold office during good behaviour, but shall be removable by the Governor General on Address of the Senate and House of Commons. (2) A Judge of a Superior Court, whether appointed before or after the coming into force of this section, shall cease to hold office upon attaining the age of seventy-five years, or upon the coming into force of this section if at that time he has already attained that age.(52) 100. The Salaries, Allowances, and Pensions of the Judges of the Superior, District, and County Courts (except the Courts of Probate in Nova Scotia and New Brunswick), and of the Admiralty Courts in Cases where the Judges thereof are being paid by Salary, shall be fixed and provided by the Parliament of Canada.(53) 101. The Parliament of Canada may, notwithstanding anything in this Act, from Time to Time provide for the Constitution, Maintenance, and Organization of a General Court of Appeal for Canada, and for the Establishment of any additional Courts for the better Administration of the Laws of Canada.(54) VIII. REVENUES; DEBTS; ASSETS; TAXATION 102. All Duties and Revenues over which the respective Legislatures of Canada, Nova Scotia, and New Brunswick before and at the Union had and have Power of Appropriation, except such Portions thereof as are by this Act reserved to the respective Legislatures of the Provinces, or are raised by them in accordance with the special Powers conferred on them by this Act, shall form One Consolidated Revenue Fund, to be appropriated for the Public Service of Canada in the Manner and subject to the Charges of this Act provided. 103. The Consolidated Revenue Fund of Canada shall be permanently charged with the Costs, Charges, and Expenses incident to the Collection, Management, and Receipt thereof, and the same shall form the First Charge thereon, subject to be reviewed and audited in such Manner as shall be ordered by the Governor General in Council until the Parliament otherwise provides. 104. The annual Interest of the Public Debts of the several Provinces of Canada, Nova Scotia, and New Brunswick at the Union shall form the Second Charge on the Consolidated Revenue Fund of Canada. 105. Unless altered by the Parliament of Canada, the Salary of the Governor General shall be Ten thousand Pounds Sterling Money of the United Kingdom of Great Britain and Ireland, payable out of the Consolidated Revenue Fund of Canada, and the same shall form the Third Charge thereon.(55) 106. Subject to the several Payments by this Act charged on the Consolidated Revenue Fund of Canada, the same shall be appropriated by the Parliament of Canada for the Public Service. 107. All Stocks, Cash, Banker's Balances, and Securities for Money belonging to each Province at the Time of the Union, except as in this Act mentioned, shall be the Property of Canada, and shall be taken in Reduction of the Amount of the respective Debts of the Provinces at the Union. 108. The Public Works and Property of each Province, enumerated in the Third Schedule to this Act, shall be the Property of Canada. 109. All Lands, Mines, Minerals, and Royalties belonging to the several Provinces of Canada, Nova Scotia, and New Brunswick at the Union, and all Sums then due or payable for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any Trusts existing in respect thereof, and to any Interest other than that of the Province in the same.(56) 110. All Assets connected with such Portions of the Public Debt of each Province as are assumed by that Province shall belong to that Province. 111. Canada shall be liable for the Debts and Liabilities of each Province existing at the Union. 112. Ontario and Quebec conjointly shall be liable to Canada for the Amount (if any) by which the Debt of the Province of Canada exceeds at the Union Sixty-two million five hundred thousand Dollars, and shall be charged with Interest at the Rate of Five Per Centum per Annum thereon. 113. The Assets enumerated in the Fourth Schedule to this Act belonging at the Union to the Province of Canada shall be the Property of Ontario and Quebec conjointly. 114. Nova Scotia shall be liable to Canada for the Amount (if any) by which its Public Debt exceeds at the Union Eight million Dollars, and shall be charged with Interest at the Rate of Five per Centum per Annum thereon.(57) 115. New Brunswick shall be liable to Canada for the Amount (if any) by which its Public Debt exceeds at the Union Seven million Dollars, and shall be charged with Interest at the Rate of Five per Centum per Annum thereon. 116. In case the Public Debts of Nova Scotia and New Brunswick do not at the Union amount to Eight million and Seven million Dollars respectively, they shall respectively receive by half-yearly Payments in advance from the Government of Canada Interest at Five per Centum per Annum on the Difference between the actual Amounts of their respective Debts and such stipulated Amounts. 117. The several Provinces shall retain all their respective Public Property not otherwise disposed of in this Act, subject to the Right of Canada to assume any Lands or Public Property required for Fortifications or for the Defence of the Country. 118. Repealed.(58) 119. New Brunswick shall receive by half-yearly Payments in advance from Canada for the Period of Ten Years from the Union an additional Allowance of Sixty-three thousand Dollars per Annum; but as long as the Public Debt of that Province remains under Seven million Dollars, a Deduction equal to the Interest at Five per Centum per Annum on such Deficiency shall be made from that Allowance of Sixty-three thousand Dollars.(59) 120. All Payments to be made under this Act, or in discharge of Liabilities created under any Act of the Provinces of Canada, Nova Scotia, and New Brunswick respectively, and assumed by Canada, shall, until the Parliament of Canada otherwise directs, be made in such Form and Manner as may be from Time to Time be ordered by the Governor General in Council. 121. All Articles of the Growth, Produce, or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces. 122. The Customs and Excise Laws of each Province shall, subject to the provisions of this Act, continue in force until altered by the Parliament of Canada.(60) 123. Where Customs Duties are, at the Union, leviable on any Goods, Wares, or Merchandises in any Two Provinces, those Goods, Wares, or Merchandises may, from and after the Union, be imported from one of those Provinces into the other of them on Proof of Payment of the Customs Duty leviable thereon in the Province of Exportation, and on Payment of such further Amount (if any) of Customs Duty as is leviable thereon in the Province of Importation.(61) 124. Nothing in this Act shall affect the Right of New Brunswick to levy the Lumber Dues provided in Chapter Fifteen of Title Three of the Revised Statutes of New Brunswick, or in any Act amending that Act before or after the Union, and not increasing the Amount of such Dues; but the Lumber of any of the Provinces other than New Brunswick shall not be subject to such Dues.(62) 125. No Lands or Property belonging to Canada or any Province shall be liable to Taxation. 126. Such Portions of the Duties and Revenues over which the respective Legislatures of Canada, Nova Scotia, and New Brunswick had before the Union Power of Appropriation as are by this Act reserved to the respective Governments or Legislatures of the Provinces, and all Duties and Revenues raised by them in accordance with the special Powers conferred upon them by this Act, shall in each Province form One Consolidated Revenue Fund to be appropriated for the Public Service of the Province. IX. MISCELLANEOUS PROVISIONS General. 127. Repealed.(63) 128. Every Member of the Senate or House of Commons of Canada shall before taking his Seat therein take and subscribe before the Governor General or some Person Authorized by him, and every Member of a Legislative Council or Legislative Assembly of any Province shall before taking his Seat therein take and subscribe before the Lieutenant Governor of the Province or some Person authorized by him, the Oath of Allegiance contained in the Fifth Schedule to this Act; and every Member of the Senate of Canada and every Member of the Legislative Council of Quebec shall also, before taking his Seat therein, take and subscribe before the Governor General, or some other Person authorized by him, the Declaration of Qualification contained in the same Schedule. 129. Except as otherwise provided by this Act, all Laws in force in Canada, Nova Scotia, or New Brunswick at the Union, and all Courts of Civil and Criminal Jurisdiction, and all legal Commissions, Powers, and Authorities, and all Officers, Judicial, Administrative, and Ministerial, existing therein at the Union, shall continue in Ontario, Quebec, Nova Scotia, and New Brunswick respectively, as if the Union had not been made; subject nevertheless (except with respect to such as are enacted by or exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland), to be repealed, abolished, or altered by the Parliament of Canada, or by the Legislature of the respective Provinces, according to the Authority of the Parliament or of that Legislature under this Act.(64) 130. Until the Parliament of Canada otherwise provides, all Officers of the several Provinces having Duties to discharge in relation to Matters other than those coming within the Classes of Subjects by this Act assigned exclusively to the Legislature of the Provinces shall be Officers of Canada, and shall continue to discharge the Duties of their respective Offices under the same Liabilities, Responsibilities, and Penalties as if the Union had not been made.(65) 131. Until the Parliament of Canada otherwise provides, the Governor General in Council may from Time to Time such Officers as the Governor General in Council deems necessary for the Effectual Execution of this Act. 132. The Parliament and Government of Canada shall have all Powers necessary or Proper for performing the Obligations of Canada or of any Province thereof, as Part of the British Empire, towards Foreign Countries, arising under Treaties between the Empire and such Foreign Countries. 133. Either the English or the French Language may be used by any Person in the Debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses; and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec. The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages.(66) Ontario and Quebec. 134. Until the Legislature of Ontario or of Quebec otherwise provides, the Lieutenant Governors of Ontario and Quebec may each appoint under the Great Seal of the Province the following Officers, to hold Office during Pleasure, that is to say, -- the Attorney General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, and in the Case of Quebec the Solicitor General, and may, by Order of the Lieutenant Governor in Council, from Time to Time prescribe the Duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof, and may also appoint other and additional Officers to hold Office during Pleasure, and may from Time to Time prescribe the Duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof.(67) 135. Until the Legislature of Ontario or Quebec otherwise provides, all Rights, Powers, Duties, Functions, Responsibilities, or Authorities at the passing of this Act vested in or imposed on the Attorney General, Solicitor General, Secretary and Registrar of the Province of Canada, Minister of Finance, Commissioner of Crown Lands, Commissioner of Public Works, and the Minister of Agriculture and Receiver General, by any Law, Statute, or Ordinance of Upper Canada, Lower Canada, or Canada, and not repugnant to this Act, shall be vested in or imposed on any Officer to be appointed by the Lieutenant Governor for the discharge of the same any of them; and the Commissioner of Agriculture and Public Works shall perform the Duties and Functions of the Office of Minister of Agriculture at the passing of this Act imposed by the Law of the Province of Canada, as well as those of the Commissioner of Public Works.(68) 136. Until altered any the Lieutenant Governor in Council, the Great Seals of Ontario and Quebec respectively shall be the same, or of the same Design, as those used in the Provinces of Upper Canada and Lower Canada respectively before their Union as the Province of Canada. 137. The words "and from thence to the End of the then next ensuing Session of the Legislature," or Words to the same Effect, used in any temporary Act of the Province of Canada not expired before the Union, shall be construed to extend and apply to the next Session of the Parliament of Canada if the Subject Matter of the Act is within the Powers of the same as defined by this Act, or to the next Sessions of the Legislatures of Ontario and Quebec respectively if the Subject Matter of the Act is within the Powers of the same as defined by this Act. 138. From and after the Union the Use of the Words "Upper Canada", instead of "Ontario," or "Lower Canada" instead of "Quebec," in any Deed, Writ, Process, Pleading, Document, Matter, or Thing shall not invalidate the same. 139. Any Proclamation under the Great Seal of the Province of Canada issued before the Union to take effect at a Time which is subsequent to the Union, whether relating to that Province, or to Upper Canada, or to Lower Canada, and the several Matters and Things therein proclaimed, shall be and continue of like Force and Effect as if the Union had not been made.(69) 140. Any Proclamation which is authorized by any Act Of the Legislature of the Province of Canada to be issued under the Great Seal of the Province of Canada, whether relating to that Province, or to Upper Canada, or to Lower Canada, and which is not issued before the Union, may be issued by the Lieutenant Governor of Ontario or Quebec, as its Subject Matter requires, under the Great Seal thereof; and from and after the Issue of such Proclamation the same and the several Matters and Things therein proclaimed shall be and continue of the like Force and Effect in Ontario or Quebec as if the Union had not been made.(70) 141. The Penitentiary of the Province of Canada shall, until the Parliament of Canada otherwise provides, be and continue the Penitentiary of Ontario and of Quebec.(71) 142. The Division and Adjustment of the Debts, Credits, Liabilities, Properties, and Assets of Upper Canada and Lower Canada shall be referred to the Arbitrament of Three Arbitrators, One chosen by the Government of Ontario, One by the Government of Quebec, and One by the Government of Canada; and the Selection of the Arbitrators shall not be made until the Parliament of Canada and the Legislatures of Ontario and Quebec have met; and the Arbitrator chosen by the Government of Canada shall not be a Resident either in Ontario or in Quebec.(72) 143. The Governor General in Council may from Time to Time order that such and so many of the Records, Books, and Documents of the Province of Canada as he thinks fit shall be appropriated and delivered either to Ontario or to Quebec, and the same shall thenceforth be the Property of that Province; and any Copy thereof or Extract therefrom, duly certified by the Officer having charge of the Original thereof, shall be admitted as Evidence.(73) 144. The Lieutenant Governor of Quebec may from Time to Time, by Proclamation under the Great Seal of the Province, to take effect from a Day to be appointed therein, constitute Townships in those Parts of the Province of Quebec in which Townships are not then already constituted, and fix the Metes and Bounds thereof. X. INTERCOLONIAL RAILWAY 145. Repealed.(74) XI. ADMISSION OF OTHER COLONIES 146. It shall be lawful for the Queen, by and with the Advice of Her Majesty's Most Honourable Privy Council, on Addresses from the Houses of the Parliament of Canada, and from the Houses of the respective Legislatures of the Colonies or Provinces of Newfoundland, Prince Edward Island, and British Columbia, to admit those Colonies or Provinces, or any of them, into the Union, and on Address from the Houses of the Parliament of Canada to admit Rupert's Land and the North-western Territory, or either of them, into the Union, on such Terms and Conditions in each Case as are in the Addresses expressed and as the Queen thinks fit to approve, subject to the Provisions of this Act; and the Provisions of any Order in Council in that Behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland.(75) 147. In case of the Admission of Newfoundland and Prince Edward Island, or either of them, each shall be entitled to a Representation in the Senate of Canada of Four Newfoundland Members, and (notwithstanding anything in this Act) in case of the Admission of Newfoundland the normal Number Of Senators shall be Seventy-six and their maximum Number shall be Eighty-two; but Prince Edward Island when admitted shall be deemed to be comprised in the Third of Three Divisions into which Canada is, in relation to the Constitution of the Senate, divided by this Act, and accordingly, after the Admission of Prince Edward Island, whether Newfoundland is admitted or not, the Representation of Nova Scotia and New Brunswick in the Senate shall, as Vacancies occur, be reduced from Twelve to Ten Members respectively, and the Representation of each of those Provinces shall not be increased at any Time beyond Ten, except under the Provisions of this Act for the Appointment of Three or Six additional Senators under the Direction of the Queen.(76) __________________________________________________________________ SCHEDULES THE FIRST SCHEDULE.(77) Electoral Districts of Ontario. A. EXISTING ELECTORAL DIVISIONS. COUNTIES. 1. Prescott. 6. Carleton. 2. Glengarry. 7. Prince Edward. 3. Stormont. 8. Halton. 4. Dundas. 9. Essex. 5. Russell. RIDINGS OF COUNTIES. 10. North Riding of Lanark. 11. South Riding of Lanark. 12. North Riding of Leeds and North Riding of Grenville. 13. South Riding of Leeds. 14. South Riding of Grenville. 15. East Riding of Northumberland. 16. West Riding of Northumberland (excepting therefrom the Township of South Monaghan). 17. East Riding of Durham. 18. West Riding of Durham. 19. North Riding of Ontario. 20. South Riding of Ontario. 21. East Riding of York. 22. West Riding of York. 23. North Riding of York. 24. North Riding of Wentworth. 25. South Riding of Wentworth. 26. East Riding of Elgin. 27. West Riding of Elgin. 28. North Riding of Waterloo. 29. South Riding of Waterloo. 30. North Riding of Brant. 31. South Riding of Brant. 32. North Riding of Oxford. 33. South Riding of Oxford. 34. East Riding of Middlesex. CITIES, PARTS OF CITIES, AND TOWNS. 35. West Toronto. 36. East Toronto. 37. Hamilton. 38. Ottawa. 39. Kingston. 40. London. 41. Town of Brockville, with the Township of Elizabethtown thereto attached. 42. Town of Niagara, with the Township of Niagara thereto attached. 43. Town of Cornwall, with the Township of Cornwall thereto attached. B. NEW ELECTORAL DISTRICTS. 44. The Provisional Judicial District of ALGOMA. The County of BRUCE, divided into Two Ridings, to be called respectively the North and South Ridings:-- 45. The North Riding of Bruce to consist of the Townships of Bury, Lindsay, Eastnor, Albermarle, Amable, Arran, Bruce, Elderslie, and Saugeen, and the Village of Southampton. 46. The South Riding of Bruce to consist of the Townships of Kincardine (including the Village of Kincardine), Greenock, Brant, Huron, Kinloss, Culross, and Carrick. The County of HURON, divided into Two Ridings, to be called respectively the North and South Ridings:-- 47. The North Riding to consist of the Townships of Ashfield, Wawanosh, Turnberry, Howick, Morris, Grey, Colborne, Hullett, including the Village of Clinton, and McKillop. 48. The South Riding to consist of the Town of Goderich and the Townships of Goderich, Tuckersmith, Stanley, Hay, Usborne, and Stephen. The County of MIDDLESEX, divided into Three Ridings, to be called respectively the North, West, and East Ridings:-- 49. The North Riding to consist of the Townships of McGillivray and Biddulph (taken from the County of Huron), and Williams East, Williams West, Adelaide, and Lobo. 50. The West Riding to consist of the Townships of Delaware, Carradoc, Metcalfe, Mosa and Ekfrid, and the Village of Strathroy. [The East Riding to consist of the Townships now embraced therein, and be bounded as it is at present.] 51. The County of LAMBTON to consist of the Townships of Bosanquet, Warwick, Plympton, Sarnia, Moore, Enniskillen, and Brooke, and the Town of Sarnia. 52. The County of KENT to consist of the Townships of Chatham, Dover, East Tilbury, Romney, Raleigh, and Harwich, and the town of Chatham. 53. The County of BOTHWELL to consist of the Townships of Sombra, Dawn, and Euphemia (taken from the County of Lambton), and the Townships of Zone, Camden with the Gore thereof, Orford, and Howard (taken from the County of Kent). The County of GREY divided into Two Ridings to be called respectively the South and North Ridings:-- 54. The South Riding to consist of the Townships of Bentinck, Glenelg, Artemesia, Osprey, Normanby, Egremont, Proton, and Melancthon. 55. The North Riding to consist of the Townships of Collingwood, Fuphrasia, Holland, Saint-Vincent, Sydenham, Sullivan, Derby, and Keppel, Sarawak and Brooke, and the Town of Owen Sound. The County of PERTH divided into Two Ridings, to be called respectively the South and North Ridings:-- 56. The North Riding to consist of the Townships of Wallace, Elma, Logan, Ellice, Mornington, and North Easthope, and the Town of Stratford. 57. The South Riding to consist of the Townships of Blanchard, Downie, South Easthope, Fullarton, Hibbert, and the Villages of Mitchell and Ste. Marys. The County of WELLINGTON divided into Three Ridings to be called respectively North, South and Centre Ridings:-- 58. The North Riding to consist of the Townships of Amaranth, Arthur, Luther, Minto, Maryborough, Peel, and the Village of Mount Forest. 59. The Centre Riding to consist of the Townships of Garafraxa, Erin, Eramosa, Nichol, and Pilkington, and the Villages of Fergus and Elora. 60. The South Riding to consist of the Town of Guelph, and the Townships of Guelph and Puslinch. The County of NORFOLK, divided into Two Ridings, to be called respectively the South and North Ridings:-- 61. The South Riding to consist of the Townships of Charlotteville, Houghton, Walsingham, and Woodhouse, and with the Gore thereof. 62. The North Riding to consist of the Townships of Middleton, Townsend, and Windham, and the Town of Simcoe. 63. The County of HALDIMAND to consist of the Townships of Oneida, Seneca, Cayuga North, Cayuga South, Rainham, Walpole, and Dunn. 64. The County of MONCK to consist of the Townships of Canborough and Moulton, and Sherbrooke, and the Village of Dunnville (taken from the County of Haldimand), the Townships of Caister and Gainsborough (taken from the County of Lincoln), and the Townships of Pelham and Wainfleet (taken from the County of Welland) . 65. The County of LINCOLN to consist of the Townships of Clinton, Grantham, Grimsby, and Louth, and the Town of St. Catherines. 66. The County of WELLAND lO consist of the Townships of Bertie, Crowland, Humberstone, Stamford, Thorold, and Willoughby, and the Villages of Chippewa, Clifton, Fort Erie, Thorold, and Welland. 67. The County of PEEL to consist of the Townships of Chinguacousy, Toronto, and the Gore of Toronto, and the Villages of Brampton and Streetsville. 68. The County of CARDWELL to consist of the Townships of Albion and Caledon (taken from the County of Peel), and the Townships of Adjala and Mono (taken from the County of Simcoe). The County of SIMCOE, divided into Two Ridings, to be called respectively the South and North Ridings:-- 69. The South Riding to consist of the Townships of West Gwillimbury, Tecumseth, Innisfil, Essa, Tossorontio, Mulmur, and the Village of Bradford. 70. The North Riding to consist of the Townships of Nottawasaga, Sunnidale, Vespra, Flos, Oro, Medonte, Orillia and Matchedash, Tiny and Tay, Balaklava and Robinson, and the Towns of Barrie and Collingwood. The County of VICTORIA, divided into Two Ridings, to be called respectively the South and North Ridings:-- 71. The South Riding to consist of the Townships of Ops, Mariposa, Emily, Verulam, and the Town of Lindsay. 72. The North Riding to consist of the Townships of Anson, Bexley, Carden, Dalton, Digby, Eldon, Fenelon, Hindon, Laxton, Lutterworth, Macaulay and Draper, Sommerville, and Morrison, Muskoka, Monck and Watt (taken from the County of Simcoe), and any other surveyed Townships Iying to the North of the said North Riding. The County of PETERBOROUGH, divided into Two Ridings, to be called respectively the West and East Ridings:-- 73. The West Riding to consist of the Townships of South Monaghan (taken from the County of Northumberland), North Monaghan, Smith, and Ennismore, and the Town of Peterborough. 74. The East Riding to consisl of lhe Townships of Asphodel, Belmont and Methuen, Douro, Dummer, Galway, Harvey, Minden, Stanhope and Dysart, Otonabee, and Snowden, and the Village of Ashburnham, and any other surveyed Townships Iying to the North of the said East Riding. The County of HASTINGS, divided into Three Ridings, to be called respectively the West, East, and North Ridings:-- 75. The West Riding to consist of the Town of Belleville, the Township of Sydney, and the Village of Trenton. 76. The East Riding to consist of the Townships of Thurlow, Tyendinaga, and Hungerford. 77. The North Riding to consist of the Townships of Rawdon, Huntingdon, Madoc, Elzevir, Tudor, Marmora, and Lake, and the Village of Stirling, and any other surveyed Townships Iying to the North of the said North Riding. 78. The County of LENNOX, to consist of the Townships of Richmond, Adolphustown, North Fredericksburgh, South Fredericksburgh, Ernest Town, and Amherst Island, and the Village of Napanee. 79. The County of ADDINGTON to consist of the Townships of Camden, Portland, Sheffield, Hinchinbrooke, Kaladar, Kennebec, Olden, Oso, Anglesea, Barrie, Clarendon, Palmerston, Effingham, Abinger, Miller, Canonto, Denbigh, Loughborough, and Bedford. 80. The County of FRONTENAC to consist of the Townships of Kingston, Wolfe Island, Pittsburgh and Howe Island, and Storrington. The County of RENFREW, divided into Two Ridings, to be called respectively the South and North Ridings:-- 81. The South Riding to consist of the Townships of McNab, Bagot, Blithfield, Brougham, Horton, Admaston, Grattan, Matawatchan, Griffith, Lyndoch, Raglan, Radcliffe, Brudenell, Sebastopol, and the Villages of Arnprior and Renfrew. 82. The North Riding to consist of the Townships of Ross, Bromley, Westmeath, Stafford, Pembroke, Wilberforce, Alice, Petawawa, Buchanan, South Algoma, North Algoma, Fraser, McKay, Wylie, Rolph, Head, Maria, Clara, Haggerty, Sherwood, Burns, and Richards, and any other surveyed Townships Iying Northwesterly of the said North Riding. Every Town and incorporated Village existing at the Union, not specially mentioned in this Schedule, is to be taken as Part of the County or Riding within which it is locally situate. THE SECOND SCHEDULE. Electoral Districts of Quebec specially fixed. COUNTIES OF-- Pontiac. Missisquoi. Compton. Ottawa. Brome. Wolfe and Argenteuil. Shefford. Richmond. Huntingdon. Stanstead. Megantic. Town of Sherbrooke. THE THIRD SCHEDULE. Provincial Public Works and Property to be the Property of Canada. 1. Canals, with Lands and Water Power connected therewith. 2. Public Harbours. 3. Lighthouses and Piers, and Sable Island. 4. Steamboats, Dredges, and public Vessels. 5. Rivers and Lake Improvements. 6. Railways and Railway Stocks, Mortgages, and other Debts due by Railway Companies. 7. Military Roads. 8. Custom Houses, Post Offices, and all other Public Buildings, except such as the Government of Canada appropriate for the Use of the Provincial Legislature and Governments. 9. Property transferred by the Imperial Government, and known as Ordinance Property. 10. Armouries, Drill Sheds, Military Clothing, and Munitions of War, and Lands set apart for general Public Purposes. THE FOURTH SCHEDULE. Assets to be the Property of Ontario and Quebec conjointly. Upper Canada Building Fund. Lunatic Asylums. Normal School. Court Houses in Aylmer. Montreal. Kamouraska. } Lower Canada Law Society, Upper Canada. Montreal Turnpike Trust. University Permanent Fund. Royal Institution. Consolidated Municipal Loan Fund, Upper Canada. Consolidated Municipal Loan Fund, Lower Canada. Agricultural Society, Upper Canada. Lower Canada Legislative Grant. Quebec Fire Loan. Temiscouata Advance Account. Quebec Turnpike Trust. Education--East. Building and Jury Fund, Lower Canada. Municipalities Fund. Lower Canada Superior Education Income Fund. THE FIFTH SCHEDULE. OATH OF ALLEGIANCE. I, A.B. do swear, That I will be faithful and bear true Allegiance to Her Majesty Queen Victoria. Note.--The Name of the King or Queen of the United Kingdom of Great Britain and Ireland for the Time being is to be substituted from Time to Time, with Proper Terms of Reference thereto. DECLARATION OF QUALIFICATION. I, A.B. do declare and testify, That I am by Law duly qualified to be appointed a Member of the Senate of Canada [or as the Case may be], and that I am legally or equitably seised as of Freehold for my own Use and Benefit of Lands or Tenements held in Free and Common Socage [or seised or possessed for my own Use and Benefit of Lands or Tenements held in Franc-alleu or in Roture (as the Case may be),] in the Province of Nova Scotia [or as the Case may be] of the Value of Four thousand Dollars over and above all Rents, Dues, Debts, Mortgages, Charges, and Incumbrances due or payable out of or charged on or affecting the same, and that I have not collusively or colourably obtained a Title to or become possessed of the said Lands and Tenements or any Part thereof for the Purpose of enabling me to become a Member of the Senate of Canada [or as the Case may be], and that my Real and Personal Property are together worth Four thousand Dollars over and above my Debts and Liabilities. THE SIXTH SCHEDULE.(78) Primary Production from Non-Renewable Natural Resources and Forestry Resources. 1. For the purposes of Section 92A of this Act, (a) production from a non-renewable natural resource is primary production therefrom if (i) it is in the form in which it exists upon its recovery or severance from its natural state, or (ii) it is a product resulting from processing or refining the resource, and is not a manufactured product or a product resulting from refining crude oil, refining upgraded heavy crude oil, refining gases or liquids derived from coal, or refining synthetic equivalent of crude oil; and (b) production from a forestry resource is primary production therefrom if it consists of saw logs, poles, lumber, wood chips, sawdust or other primary wood product or wood pulp, and is not a product manufactured from wood. __________________________________________________________________ Footnotes to the Constitution Act, 1867 These footnotes are taken from the April 1, 1996 Consolidation of The Constitution Acts 1867 to 1982 (1) The Enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as follows: Be it therefore enacted and declared by the Queen's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: (2) As enacted by the Constitution Act, 1982, which came into force on April 17, 1982. The section, as originally enacted, read as follows: 1. This Act may be cited as The British North America Act, 1867. (3) Section 2, repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.), read as follows: 2. The Provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland. (4) The first day of July, 1867, was fixed by proclamation dated May 22, 1867. (5) Partially repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). As originally enacted the section read as follows: 4. The subsequent Provisions of this Act, shall, unless it is otherwise expressed or implied, commence and have effect on and after the Union, that is to say, on and after the Day appointed for the Union taking effect in the Queen's Proclamation; and in the same Provisions, unless it is otherwise expressed or implied, the Name Canada shall be taken to mean Canada as constituted under this Act. (6) Canada now consists of ten provinces (Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia Prince Edward Island, Alberta Saskatchewan and Newfoundland) and three territories (the Yukon Territory, the Northwest Territories and Nunavut). The first territories added to the Union were Rupert's Land and the North-Western Territory, (subsequently designated the Northwest Territories), which were admitted pursuant to section 146 of the Constitution Act, 1867 and the Rupert's Land Act, 1868, 31-32 Vict., c. 105 (U.K.), by the Rupert's Land and North-Western Territory Order of June 23, 1870, effective July 15, 1870. Prior to the admission of those territories the Parliament of Canada enacted An Act for the temporary Government of Rupert's Land and the North-Western Territory when united with Canada (32-33 Vict., c. 3), and the Manitoba Act, 1870, (33 Vict., c. 3), which provided for the formation of the Province of Manitoba. British Columbia was admitted into the Union pursuant to section 146 of the Constitution Act, 1867, by the British Columbia Terms of Union, being Order in Council of May 16, 1871, effective July 20, 1871. Prince Edward Island was admitted pursuant to section 146 of the Constitution Act, 1867, by the Prince Edward Island Terms of Union, being Order in Council of June 26, 1873, effective July 1, 1873. On June 29, 1871, the United Kingdom Parliament enacted the Constitution Act, 1871 (34- 35 Vict., c. 28) authorizing the creation of additional provinces out of territories not included in any province. Pursuant to this statute, the Parliament of Canada enacted the Alberta Act, (July 20, 1905, 4-5 Edw. VII, c. 3) and the Saskatchewan Act (July 20, 1905, 4-5 Edw. VII, c. 42), providing for the creation of the provinces of Alberta and Saskatchewan, respectively. Both these Acts came into force on Sept. 1, 1905. Meanwhile, all remaining British possessions and territories in North America and the islands adjacent thereto, except the colony of Newfoundland and its dependencies, were admitted into the Canadian Confederation by the Adjacent Territories Order, dated July 31, 1880. The Parliament of Canada added portions of the Northwest Territories to the adjoining provinces in 1912 by The Ontario Boundaries Extension Act, 1912, 2 Geo. V, c. 40, The Quebec Boundaries Extension Act, 1912, 2 Geo. V, c. 45 and The Manitoba Boundaries Extension Act, 1912, 2 Geo. V, c. 32, and further additions were made to Manitoba by The Manitoba Boundaries Extension Act, 1930, 20-21 Geo. V c. 28. The Yukon Territory was created out of the Northwest Territories in 1898 by The Yukon Territory Act, 61 Vict., c. 6, (Canada). Newfoundland was added on March 31, 1949, by the Newfoundland Act, (U.K.), 12-13 Geo. VI, c. 22, which ratified the Terms of Union between Canada and Newfoundland. Nunavut was created by partitioning the Northwest Territories into two on June 13, 1998, by the Constitution Act, 1999 (Nunavut) , 46-47 Eliz. II, 1997-98, c. 15 (Canada). (7) See the notes to section 129, infra. (8) Repealed and re-enacted by the Parliament of Canada Act, 1875, 38-39 Vict., c. 38 (U.K.). The original section read as follows: 18. The Privileges, Immunities, and Powers to be held, enjoyed, and exercised by the Senate and by the House of Commons and by the Members thereof respectively shall be such as are from Time to Time defined by Act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland and by the Members thereof. (9) Spent. The first session of the Parliament began on November 6, 1867. (10) Section 20, repealed by the Schedule to the Constitution Act, 1982, read as follows: 20. There shall be a Session of the Parliament of Canada once at least in every Year, so that Twelve Months shall not intervene between the last Sitting of the Parliament in one Session and its first Sitting in the next Session. Section 20 has been replaced by section 5 of the Constitution Act, 1982, which provides that there shall be a sitting of Parliament at least once every twelve months. (11) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.) and modified by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), and the Constitution Act (no. 2), 1975, S.C. 1974-75-76, c. 53, and the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2. The original section read as follows: 21. The Senate shall, subject to the Provisions of this Act, consist of Seventy-two Members, who shall be styled Senators. The Manitoba Act, 1870, added two for Manitoba; the British Columbia Terms of Union added three; upon admission of Prince Edward Island four more were provided by section 147 of the Constitution Act, 1867; the Alberta Act and the Saskatchewan Act each added four. The Senate was reconstituted at 96 by the Constitution Act, 1915. Six more Senators were added upon union with Newfoundland, and one Senator each was added for the Yukon Territory and the Northwest Territories by the Constitution Act (No. 2), 1975. One Senator was added for Nunavut by the Constitution Act, 1999 (Nunavut). (12) As amended by the Constitution Act, 1915, the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), and the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53. The original section read as follows: 22. In relation the Constitution of the Senate, Canada shall be deemed to consist of Three Divisions: 1. Ontario; 2. Quebec; 3. The Maritime Provinces, Nova Scotia and New Brunswick; which Three Divisions shall (subject to the provisions of this Act) be equally represented in the Senate as follows: Ontario by Twenty-four Senators; Quebec by Twenty-four Senators; and the Maritime Provinces by Twenty-four Senators, Twelve thereof representing Nova Scotia, and Twelve thereof representing New Brunswick. In the case of Quebec each of the Twenty-four Senators representing that Province shall be appointed for One of the Twenty-four Electoral Divisions of Lower Canada specified in Schedule A. to Chapter One of the Consolidated Statutes of Canada. (13) Section 44 of the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2, provided that, for the purposes of that Part, (which added one Senator for Nunavut) the word "Province" in section 23 of the Constitution Act, 1867, has the same meaning as is assigned to the word "province" by section 35 of the Interpretation Act, R.S.C. 1985, c. I-21, which provides that the term "province" means "a province of Canada, and includes the Yukon Territory, the Northwest Territories and Nunavut." Section 2 of the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53 provided that for the purposes of that Act (which added one Senator each for the Yukon Territory and the Northwest Territories) the term "Province" in section 28 of the Constitution Act, 1867, has the same meaning as is assigned to the term "province" by section 35 of the Interpretation Act, R.S.C. 1985, c. I-21, which provides that the term "province" means "a province of Canada, and includes the Yukon Territory and the Northwest Territories." (14) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows: 25. Such Persons shall be first summoned to the Senate as the Queen by Warrant under Her Majesty's Royal Sign Manual thinks fit to approve, and their Names shall be inserted in the Queen's Proclamation of Union. (15) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.). The original section read as follows: 26. If at any Time on the Recommendation of the Governor General the Queen thinks fit to direct that Three or Six Members be added to the Senate, the Governor General may by Summons to Three or Six qualified Persons (as the Case may be), representing equally the Three Divisions of Canada, add to the Senate accordingly. (16) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.). The original section read as follows: 27. In case of such Addition being at any Time made the Governor General shall not summon any Person to the Senate except on a further like Direction by the Queen on the like Recommendation, until each of the Three Divisions of Canada is represented by Twenty-four Senators and no more. (17) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.), and the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53 and the Constitution Act, 1999 (Nunavut) S.C. 1998, c. 15, Part 2. The original section read as follows: 28. The Number of Senators shall not at any Time exceed Seventy-eight. (18) As enacted by the Constitution Act, 1965, Statutes of Canada, 1965, c. 4 which came into force on the 1st of June, 1965. The original section read as follows: 29. A Senator shall, subject to the Provisions of this Act, hold his Place in the Senate for Life. (19) Provision for exercising the functions of Speaker during his absence is made by the Parliament of Canada Act, R.S.C. 1985, c. P-1 (formerly the Speaker of the Senate Act, R.S.C. 1970, c. S-14). Doubts as to the power of Parliament to enact such an Act were removed by the Canadian Speaker (Appointment of Deputy) Act, 1895, 2nd Sess., 59 Vict., c. 3 (U.K.) which was repealed by the Constitution Act, 1982. (20) The figures given here result from the application of section 51, as enacted by the Constitution Act, 1985 (Representation), S.C. 1986, c. 8, Part I, and readjusted pursuant to the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3. The original section (which was altered from time to time as the result of the addition of new provinces and changes in population) read as follows: 37. The House of Commons shall, subject to the Provisions of this Act, consist of one hundred and eighty-one members, of whom Eighty-two shall be elected for Ontario, Sixty-five for Quebec, Nineteen for Nova Scotia, and Fifteen for New Brunswick. (21) Spent. The electoral districts are now established by Proclamations issued from time to time under the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, as amended for particular districts by Acts of Parliament, for which see the most recent Table of Public Statutes. (22) Spent. Elections and controverted elections are now provided for by the Canada Elections Act, R.S.C. 1985, c. E-2.01; qualifications and disqualifications of members by the Parliament of Canada Act, R.S.C. 1985, c. P-1. The right of citizens to vote and hold office is provided for in section 3 of the Constitution Act, 1982. (23) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows: 42. For the First Election of Members to serve in the House of Commons the Governor General shall cause Writs to be issued by such Person, in such Form, and addressed to such Returning Officers as he thinks fit. The Person issuing Writs under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the issuing of Writs for the Election of Members to serve in the respective House of Assembly or Legislature Assembly of the Province of Canada, Nova Scotia, or New Brunswick; and the Returning Officers to whom the Writs are directed under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the returning of Writs for the Election of Members to serve in the same respective House of Assembly or Legislative Assembly. (24) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows: 43. In case a Vacancy in the Representation in the House of Commons of any Electoral District happens before the Meeting of the Parliament, or after the Meeting of the Parliament before Provision is made by Parliament in this Behalf, the Provisions of the last foregoing Section of this Act shall extend and apply to the issuing and returning of a Writ in respect of such vacant District. (25) Provision for Exercising the functions of Speaker during his absence is now made by Part III of the Parliament of Canada Act, R.S.C. 1985, c. P-1. (26) The term of the twelfth Parliament was extended by the British North America Act, 1916, 6-7 Geo. V, c. 19 (U.K.), which Act was repealed by the Statute Law Revision Act, 1927, 17-18 Geo. V, c. 42 (U.K.). See also subsection 4(1) of the Constitution Act, 1982, which provides that no House of Commons shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members, and subsection 4(2) thereof, which provides for continuation of the House of Commons in special circumstances. (27) As enacted by the Constitution Act, 1985 (Representation), S.C. 1986, c. 8, Part I, which came into force on March 6, 1986 (See SI/86-49). The section, as originally enacted, read as follows: 51. On the Completion of the Census in the Year One Thousand eight hundred and seventy one, and of each subsequent decennial Census, the Representation of the Four Provinces shall be readjusted by such Authority, in such Manner, and from such Time, as the Parliament of Canada from Time to Time provides, subject and according to the following Rules: (1) Quebec shall have a fixed Number of Sixty-five Members: (2) There shall be assigned to each of the other Provinces a Number of Members as will bear the same Proportion to the Number of its Population (ascertained at such Census) as the Number Sixty-five bears to the Number of the Population of Quebec (so ascertained): (3) In the Computation of the Number of Members for a Province a fractional Part not exceeding One Half of the whole Number requisite for entitling the Province to a Member shall be disregarded; but a fractional Part exceeding One Half of that Number shall be equivalent to the whole Number: (4) On any such Re-adjustment the Number of Members for a Province shall not be reduced unless the Proportion which the Number of the Population of the Province bore to the Number of the aggregate Population of Canada at the then last preceding Re-adjustment of the Number of Members for the Province is as- certained at the then latest Census to be diminished by One Twentieth Part or upwards: (5) Such Re-adjustment shall not take effect until the Termination of the then existing Parliament. The section was amended by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.) by repealing the words from "of the census" to "seventy-one" and the word "subsequent". By the British North America Act, 1943, 6-7 Geo. VI, c. 30 (U.K.), which Act was repealed by the Constitution Act, 1982, redistribution of the seats following the 1941 census was postponed until the first session of Parliament after the war. The section was re-enacted by the British North America Act, 1946 , 9-10 Geo. VI, c. 63 (U.K.), which Act was also repealed by the Constitution Act, 1982, to read as follows: 51. (1) The number of members of the House of Commons shall be two hundred and fifty- five and the representation of the provinces therein shall forthwith upon the coming into force of this section and thereafter on the completion of each decennial census be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following rules: (1) Subject as hereinafter provided, there shall be assigned to each of the provinces a number of members computed by dividing the total population of the provinces by two hundred and fifty-four and by dividing the population of each province by the quotient so obtained, disregarding, except as hereinafter in this section provided, the remainder, if any, after the said process of division. (2) If the total number of members assigned to all the provinces pursuant to rule one is less than two hundred and fifty-four, additional members shall be assigned to the provinces (one to a province) having remainders in the compu- tation under rule one commencing with the province having the largest remainder and continuing with the other provinces in the order of magnitude of their respective remainders until the total number of members assigned is two hundred and fifty-four. (3) Notwithstanding anything in this section, if upon completion of a compu- tation under rules one and two, the number of members to be assigned to a province is less than the number of senators representing the said province, rules one and two shall cease to apply in respect of the said province, and there shall be assigned to the said province a number of members equal to the said number of senators. (4) In the event that rules one and two cease to apply in respect of a province then, for the purpose of computing the number of members to be assigned to the provinces in respect of which rules one and two continue to apply, the total population of the provinces shall be reduced by the number of the population of the province in respect of which rules one an two have ceased to apply and the number two hundred and fifty-four shall be reduced by the number of members assigned to such province pursuant to rule three. (5) Such readjustment shall not take effect until the termination of the then existing Parliament. (2) The Yukon Territory as constituted by Chapter forty-one of the Statutes of Canada, 1901, together with any part of Canada not comprised within a province which may from time to time be included therein by the Parliament of Canada for the purposes of representation in Parliament, shall be entitled to one member. The section was re-enacted by the British North America Act, 1952, S.C. 1952, c. 15, which Act was also repealed by the Constitution Act, 1982, as follows: 51. (1) Subject as herein after provided, the number of members of the House of Commons shall be two hundred and sixty-three and the representation of the provinces therein shall forthwith upon the coming into force of this section and thereafter on the completion of each decennial census be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following rules: 1. There shall be assigned to each of the provinces a number of members computed by dividing the total population of the provinces by two hundred and sixty-one and by dividing the population of each province by the quotient so obtained, disregarding, except as hereinafter in this section provided, the remainder, if any, after the said process of division. 2. If the total number of members assigned to all the provinces pursuant to rule one is less than two hundred and sixty-one, additional members shall be assigned to the provinces (one to a province) having remainders in the computation under rule one commencing with the province having the largest remainder and continuing with the other provinces in the order of magnitude of their respective remainders until the total number of members assigned is two hundred and sixty-one. 3. Notwithstanding anything in this section, if upon completion of a computation under rules one and two the number of members to be assigned to a province is less than the number of senators representing the said province, rules one and two shall cease to apply in respect of the said province, and there shall be assigned to the said province a number of members equal to the said number of senators. 4. In the event that rules one and two cease to apply in respect of a province then, for the purpose of computing the number of members to be assigned to the provinces in respect of which rules one and two continue to apply, the total population of the provinces shall be reduced by the number of the population of the province in respect of which rules one an two have ceased to apply and the number two hundred and sixty-one shall be reduced by the number of members assigned to such province pursuant to rule three. 5. On any such readjustment the number of members for any province shall not be reduced by more than fifteen per cent below the representation to which such province was entitled under rules one to four of the subsection at the last preceding readjustment of the representation of that province, and there shall be no reduction in the representation of any province as a result of which that province would have a smaller number of members than any other province that according to the results of the then last decennial census did not have a larger population; but for the purposes of any subsequent readjustment of the representation under this section any increase in the number of members of the House of Commons resulting from the application of this rule shall not be included in the divisor mentioned in rules one to four of this subsection. 6. Such readjustment shall not take effect until the termination of the then existing Parliament. (2) The Yukon Territory as constituted by Chapter forty-one of the Statutes of Canada, 1901, shall be entitled to one member, and such part of Canada not comprised within a province as may from time to time be defined by the Parliament of Canada shall be entitled to one member. Subsection 51(1) was re-enacted by the Constitution Act, 1974, S.C. 1974-75-76, c. 13 to read as follows: 51. (1) The number of members of the House of Commons and the representation of the provinces therein shall upon the coming into force of this subsection and thereafter on the completion of each decennial census be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject ac- cording to the following Rules: 1. There shall be assigned to Quebec seventy-five members in the readjustment following the completion of the decennial census taken in the year 1971, and thereafter four additional members in each subsequent readjustment. 2. Subject to Rules 5(2) and (3), there shall be assigned to a large province a number of members equal to the number obtained by dividing the population of the large province by the electoral quotient of Quebec. 3. Subject to Rules 5(2) and (3), there shall be assigned to a small province a number of members equal to the number obtained by dividing (a) the sum of the populations, determined according to the results of the penultimate decennial census, of the provinces (other than Quebec) having populations of less than one and a half million, determined according to the results of that census, by the sum of the number of members assigned to those provinces in the adjustment following the completion of that census; and (b) the population of the small province by the quotient obtained under paragraph (a). 4. Subject to Rules 5(1)(a), (2) and (3), there shall be assigned to an intermediate province a number of members equal to the number obtained (a) by dividing the sum of the populations of the provinces (other than Quebec) having populations of less than one and a half million by the sum of the number of members assigned to those provinces under any of Rules 3, 5(1)(b), (2) and (3); (b) by dividing the population of the intermediate province by the quotient obtained under paragraph (a); and (c) by adding to the number of members assigned to the intermediate province in the readjustment following the completion of the penultimate decennial census one-half of the difference resulting from the subtraction of that number from the quotient obtained under paragraph (b). 5. (1) On any readjustment, (a) if no province (other than Quebec) has a population of less than one and a half million, Rule 4 shall not be applied and, subject to Rules 5(2) and (3), there shall be assigned to an intermediate province a number of members equal to the number obtained by dividing (i) the sum of the populations, determined according to the results of the penultimate decennial census, of the provinces (other than Quebec) having populations of not less than one and a half million and not more than two and a half million, determined according to the results of that census, by the sum of the numbers of members assigned to those provinces in the readjustment following the completion of that census, and (ii) the population of the intermediate province by the quotient obtained under subparagraph (i); (b) if a province (other than Quebec) having a population of (i) less than one and a half million, or (ii) not less than one and a half million and not more than two and a half million does not have a population greater than its population determined according to the results of the penultimate decennial census, it shall, subject to Rules 5(2) and (3), be assigned the number of members assigned to it in the readjustment following the completion of that census. (2) On any readjustment, (a) if, under any of Rules 2 to 5(1), the number of members to be assigned to a province (in this paragraph referred to as "the first province") is smaller than the number of members to be assigned to any other province not having a population greater than that of the first province, those Rules shall not be applied to the first province and it shall be assigned a number of members equal to the largest number of members to be assigned to any other province not having a population greater than that of the first province; (b) if, under any of Rules 2 to 5 (1)(a), the number of members to assigned to a province is smaller than the number members assigned to it in the readjustment following the completion of the penultimate decennial census, those Rules shall not be applied to it and it shall be assigned the latter number of members; (c) if both paragraphs (a) and (b) apply to a province, it shall be assigned a number of members equal to the greater of the numbers produced under those paragraphs. (3) On any readjustment, (a) if the electoral quotient of a province (in this paragraph referred to as "the first province") obtained by dividing its population by the number of members to be assigned to it under any of Rules 2 to 5(2) is greater than the electoral quotient of Quebec, those Rules shall not be applied to the first province and it shall be assigned a number of members equal to the number obtained by dividing its population by the electoral quotient of Quebec; (b) if, as a result of the application of Rule 6(2)(a), the number of members assigned to a province under paragraph (a) equals the number of members to be assigned to it under any of Rules 2 to 5(2), it shall be assigned that number of members and paragraph (a) shall cease to apply to that province. 6. (1) In these Rules, "electoral quotient" means, in respect of a province, the quotient obtained by dividing its population, determined according to the results of the then most recent decennial census, by the number of members to be assigned to it under any of Rules 1 to 5(3) in the readjustment following the completion of that census; "intermediate province" means a province (other than Quebec) having a population greater than its population determined according to the results of the penultimate decennial census but not more than two and a half million and not less than one and a half million; "large province" means a province (other than Quebec) having a population greater than two and a half million; "penultimate decennial census" means the decennial census that preceded the then most recent decennial census; "population" means, except where otherwise specified, the population determined according to the results of the then most recent decennial census; "small province" means a province (other than Quebec) having a population greater than its population determined according to the results of the penultimate decennial census and less than one and half million. (2) For the purposes of these Rules, (a) if any fraction less than one remains upon completion of the final calculation that produces the number of members to be assigned to a province, that number of members shall equal the number so produced disregarding the fraction; (b) if more than one readjustment follows the completion of a decennial census, the most recent of those readjustments shall, upon taking effect, be deemed to be the only readjustment following the completion of that census; (c) a readjustment shall not take effect until the termination of the then existing Parliament. (28) As enacted by the Constitution Act, 1999 (Nunavut) S.C. 1998, c. 15, Part 2. Subsection 51(2) was previously amended by the Constitution Act (No. 1), 1975, S.C. 1974-75-76, c. 28, and read as follows: (2) The Yukon Territory as bounded and described in the schedule to chapter Y-2 of the Revised Statutes of Canada, 1970, shall be entitled to one member, and the Northwest Territories as bounded and described in section 2 of chapter N-22 of the Revised Statutes of Canada, 1970, shall be entitled to two members. (29) As enacted by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.). (30) Provided for in the Salaries Act, R.S.C. 1985, c. S-3. (31) Now provided for in Ontario by the Executive Council Act, R.S.O. 1990, c. E.25, and in Quebec by the Executive Power Act, R.S.Q. 1977, c. E-18. (32) A similar provision was included in each of the instruments admitting British Columbia, Prince Edward Island, and Newfoundland. The Executive Authorities for Manitoba, Alberta and Saskatchewan were established by statutes creating those provinces. See the notes to section 5, supra. (33) See the notes to section 129, infra. (34) Spent. Now covered by the Representation Act, S.O. 1996, c. 28. (35) The Act respecting the Legislative Council of Quebec, S.Q. 1968, c. 9, provided that the Legislature for Quebec shall consist of the Lieutenant Governor and the National Assembly of Quebec, and repealed the provisions of the Legislature Act, R.S.Q. 1964, c. 6, relating to the Legislative Council of Quebec. Now covered by the Legislature Act, R.S.Q. 1977, c. L-1. Sections 72 to 79 following are therefore completely spent. (36) The Act respecting electoral districts, S.Q. 1970, c. 7, s. 1, provides that this section no longer has effect. (37) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows: 81. The Legislatures of Ontario and Quebec respectively shall be called together not later than Six Months after the Union. (38) Probably spent. The subject-matter of this section is now covered in Ontario by the Legislative Assembly Act, R.S.O. 1990, c. L. 10, and in Quebec by the National Assembly Act, R.S.Q. c. A-23.1. (39) Probably Spent. The subject-matter of this section is now covered in Ontario by the Election Act, R.S.O. 1990, c. E.6, and the Legislative Assembly Act, R.S.O. 1990 c. L. 10, in Quebec by the Elections Act, R.S.Q. 1979, c. E-3.3, and the National Assembly Act, R.S.Q. c. A-23.1. (40) The maximum duration of the Legislative Assemblies of Ontario and Quebec has been changed to five years. See the Legislative Assembly Act, R.S.O. 1990, c. L. 10, and the National Assembly Act, R.S.Q. c. A-23.1, respectively. See also section 4 of the Constitution Act, 1982, which provides a maximum duration for a legislative assembly of five years but also authorizes continuation in special circumstances. (41) See also section 5 of the Constitution Act, 1982, which provides that there shall be a sitting of each legislature at least once every twelve months. (42) Partially repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.), which deleted the following concluding words of the original enactment: and the House of Assembly of New Brunswick existing at the passing of this Act shall, unless sooner dissolved, continue for the Period for which it was elected. A similar provision was included in each of the instruments admitting British Columbia, Prince Edward Island and Newfoundland. The Legislatures of Manitoba, Alberta and Saskatchewan were established by the statutes creating those provinces. See the footnotes to section 5, supra. See also sections 3 to 5 of the Constitution Act, 1982, which prescribe democratic rights applicable to all provinces, and subitem 2(2) of the Schedule to that Act, which sets out the repeal of section 20 of the Manitoba Act, 1870. Section 20 of the Manitoba Act, 1870, has been replaced by section 5 of the Constitution Act, 1982. Section 20 reads as follows: 20. There shall be a Session of the Legislature at least in every year, so that twelve months shall not intervene between the last sitting of the Legislature in one Session and its first sitting in the next Session. (43) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows: 5.--Ontario, Quebec, and Nova Scotia. 89. Each of the Lieutenant Governors of Ontario, Quebec and Nova Scotia shall cause Writs to be issued for the First Election of Members of the Legislative Assembly thereof in such Form and by such Person as he thinks fit, and at such Time and addressed to such Returning Officer as the Governor General directs, and so that the First Election of Member of Assembly for any Electoral District or any Subdivision thereof shall be held at the same Places as the Election for a Member to serve in the House of Commons of Canada for the Electoral District. (44) Class 1 was added by the British North America (No. 2) Act, 1949, 13 Geo. VI, c. 8 (U.K.). That Act and class 1 were repealed by the Constitution Act, 1982. The matters referred to in class 1 are provided for in subsection 4(2) and Part V of the Constitution Act, 1982. As enacted, class 1 read as follows: 1. The amendment from time to time of the Constitution of Canada, except as regards matters coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the provinces, or as regards rights or privileges by this or any other Constitutional Act granted or secured to the Legislature or the Government of a province, or to any class of persons with respect to schools or as regards the use of the English or the French language or as regards the requirements that there shall be a session of the Parliament of Canada at once each year, and that no House of Commons shall continue for more than five years from the day of the return of the Writs for choosing the House: provided, however, that a House of Commons may in time of real or apprehended war, invasion or insurrection be continued by the Parliament of Canada if such continuation is not opposed by the votes of more than one-third of the members of such House. (45) Re-numbered by the British North America (No. 2) Act, 1949. (46) Added by the Constitution Act, 1940, 3-4 Geo. VI, c. 36 (U.K.). (47) Legislative authority has been conferred on Parliament by other Acts as follows: 1. The Constitution Act, 1871, 34-35 Vict., c. 28 (U.K.). 2. The Parliament of Canada may from time to time establish new Provinces in any territories forming for the time being part of the Dominion of Canada, but not included in any Province thereof, and may, at the time of such establishment, make provision for the constitution and administration of any such Province, and for the passing of laws for the peace, order, and good government of such Province, and for its representation in the Parliament. 3. The Parliament of Canada may from time to time, with the consent of the Legislature of any province of the said Dominion, increase, diminish, or otherwise alter the limits of such Province, upon such terms and conditions as may be agreed to by the said Legislature, and may, with the like consent, make provision respecting the effect and operation of any such increase or diminution or alteration of territory in relation to any Province affected thereby. 4. The Parliament of Canada may from time to time make provision for the administration, peace, order, and good government of any territory not for the time being included in any Province. 5. The following Acts passed by the said Parliament of Canada, and intituled respectively, -- "An Act for the temporary government of Rupert's Land and the North Western Territory when united with Canada"; and "An Act to amend and continue the Act thirty-two and thirty-three Victoria, chapter three, and to establish and provide for the government of "the Province of Manitoba", shall be and be deemed to have been valid and effectual for all purposes whatsoever from the date at which they respectively received the assent, in the Queen's name, of the Governor General of the said Dominion of Canada. 6. Except as provided by the third section of this Act, it shall not be competent for the Parliament of Canada to alter the provisions of the last-mentioned Act of the said Parliament in so far as it relates to the Province of Manitoba, or of any other Act hereafter establishing new Provinces in the said Dominion, subject always to the right of the Legislature of the Province of Manitoba to alter from time to time the provisions of any law respecting the qualification of electors and members of the Legislative Assembly, and to make laws respecting elections in the said Province. The Rupert's Land Act, 1868, 31-32 Vict., c. 105 (U.K.)(repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.)) had previously conferred similar authority in relation to Rupert's Land and the North Western Territory upon admission of those areas. 2. The Constitution Act, 1886, 49-50 Vict., c. 35, (U.K.). 1. The Parliament of Canada may from time to time make provision for the representation in the Senate and House of Commons of Canada, or in either of them, of any territories which for the time being form part of the Dominion of Canada, but are not included in any province thereof. 3. The Statute of Westminster, 1931, 22 Geo. V, c. 4 (U.K.). 3. It is hereby declared and enacted that the Parliament of a Dominion has full power to make laws having extra-territorial operation. 4. Under section 44 of the Constitution Act, 1982, Parliament has exclusive authority to amend the Constitution of Canada in relation to the executive government of Canada or the Senate or the House of Commons. Sections 38, 41, 42, and 43 of that Act authorize the Senate and House of Commons to give their approval to certain other constitutional amendments by resolution. (48) Class I was repealed by the Constitution Act, 1982. As enacted, it read as follows: 1. The Amendment from Time to Time, notwithstanding anything in this Act, of the Constitution of the province, except as regards the Office of Lieutenant Governor. Section 45 of the Constitution Act, 1982, now authorizes legislatures to make laws amending the constitution of the province. Sections 38, 41, 42, and 43 of that Act authorize legislative assemblies to give their approval by resolution to certain other amendments to the Constitution of Canada. (49) Added by the Constitution Act, 1982. (50) Altered for Manitoba by section 22 of the Manitoba Act, 1870, 33 Vict., c. 3 (Canada), (confirmed by the Constitution Act, 1871), which reads as follows: 22. In and for the Province, the said Legislature may exclusively make Laws in relation to Education, subject and according to the following provisions:-- (1) Nothing in any such Law shall prejudicially affect any right or privilege with respect to Denominational Schools which any class of persons have by Law in the Province at the Union: (2) An Appeal shall lie to the Governor General in Council from any Act or decision of any Provincial Authority affecting any right or privilege of the Protestant or Roman Catholic minority of the Queen's subjects in relation to Education: (3) In case any such Provincial Law as from time to time seems to the Governor General in Council requisite for the execution of the provisions of this section is not made, or in case any decision of the Governor General in Council on any appeal under this section is not duly executed by the proper Provincial Authority in that behalf, then, and in every such case, and as far as the circumstances of each case require, the Parliament of Canada may make remedial Laws for the due execution of the provisions of this section and of any decision of the Governor General in Council under this section. Altered for Alberta by Section 17 of the Alberta Act, 4-5 Edw. VII, c. 3, 1905 (Canada), which reads as follows: 17. Section 93 of the Constitution Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93 of the following paragraph:-- (1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the Northwest Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said ordinances. 2. In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the support of schools organized and carried on in accordance with the said chapter 29 or any Act passed in amendment thereof, or in substitution therefor, there shall be no discrimination against schools of any class described in the said chapter 29. 3. Where the expression "by law" is employed in paragraph 3 of the said section 93, it shall be held to mean the law as set out in the said chapters 29 and 30, and where the expression "at the Union" is employed, in the said paragraph 3, it shall be held to mean the date at which this Act comes into force. Altered for Saskatchewan by section 17 of the Saskatchewan Act, 4-5 Edw. VII, c. 42, 1905 (Canada), which reads as follows: 17. Section 93 of the Constitution Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93 of the following paragraph:-- (1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the Northwest Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said ordinances. 2. In the appropriation by the Legislature or distribution by the Government of the province of any moneys for the support of schools organized and carried on in accordance with the said chapter 29 or any Act passed in amendment thereof, or in substitution therefor, there shall be no discrimination against schools of any class described in the said chapter 29. 3. Where the expression "by law" is employed in paragraph 3 of the said section 93, it shall be held to mean the law as set out in the said chapters 29 and 30, and where the expression "at the Union" is employed, in the said paragraph 3, it shall be held to mean the date at which this Act comes into force. An alternative was provided for Newfoundland by Term 17 of the Terms of Union of Newfoundland with Canada (confirmed by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.)). Term 17 of the Terms of Union of Newfoundland with Canada, set out in the penultimate paragraph of this footnote, was amended by the Constitution Amendment, 1998 (Newfoundland Act), (see SI/98-25) and now reads as follows: 17. (1) In lieu of section ninety-three of the Constitution Act, 1867, this term shall apply in respect of the Province of Newfoundland. (2) In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education, but shall provide for courses in religion that are not specific to a religious denomination. (3) Religious observances shall be permitted in a school where requested by parents. Prior to the Constitution Amendment, 1998 (Newfoundland Act), Term 17 of the Terms of Union of Newfoundland with Canada had been amended by the Constitution Amendment, 1997 (Newfoundland Act), (see SI/97-55) to read as follows: 17. In lieu of section ninety-three of the Constitution Act, 1867, the following shall apply in respect of the Province of Newfoundland: In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education but (a) except as provided in paragraphs (b) and (c), schools established, maintained and operated with public funds shall be denominational schools, and any class of persons having rights under this Term as it read on January 1, 1995 shall continue to have the right to provide for religious education, activities and observances for the children of that class in those schools, and the group of classes that formed one integrated school system by agreement in 1969 may exercise the same rights under this Term as a single class of persons; (b) subject to provincial legislation that is uniformly applicable to all schools specifying conditions for the establishment or continued operation of schools, (i) any class of persons referred to in paragraph (a) shall have the right to have a publicly funded denominational school established, maintained and operated especially for that class, and (ii) the Legislature may approve the establishment, maintenance and operation of a publicly funded school, whether denominational or non-denominational; (c) where a school is established, maintained and operated pursuant to subparagraph (b) (i), the class of persons referred to in that subparagraph shall continue to have the right to provide for religious education, activities and observances and to direct the teaching of aspects of curriculum affecting religious beliefs, student admission policy and the assignment and dismissal of teachers in that school; (d) all schools referred to in paragraphs (a) and (b) shall receive their share of public funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature; and (e) if the classes of persons having rights under this Term so desire, they shall have the right to elect in total not less than two thirds of the members of a school board, and any class so desiring shall have the right to elect the portion of that total that is proportionate to the population of that class in the area under the board's jurisdiction. Prior to the Constitution Amendment Proclamation, 1997 (Newfoundland Act), Term 17 of the Terms of Union of Newfoundland with Canada had been amended by the Constitution Amendment, 1987 (Newfoundland Act), (see SI/88-11) to read as follows: 17. (1) In lieu of section ninety-three of the Constitution Act, 1867, the following term shall apply in respect of the Province of Newfoundland: In and for the Province of Newfoundland the Legislature shall have exclusive authority to make laws in relation to education, but the Legislature will not have authority to make laws prejudicially affecting any right or privilege with respect to denominational schools, common (amalgamated) schools, or denominational colleges, that any class or classes of persons have by law in Newfoundland at the date of Union, and out of public funds of the Province of Newfoundland, provided for education, (a) all such schools shall receive their share of such funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature for all schools then being conducted under authority of the Legislature; and (b) all such colleges shall receive their share of any grant from time to time voted for all colleges then being conducted under authority of the Legislature, such grant being distributed on a non-discriminatory basis. (2) For the purposes of paragraph one of this Term, the Pentecostal Assemblies of Newfoundland have in Newfoundland all the same rights and privileges with respect to denominational schools and denominational colleges as any other class or classes of persons had by law in Newfoundland at the date of Union, and the words "all such schools" in paragraph (a) of paragraph one of this Term and the words "all such colleges" in paragraph (b) of paragraph one of this Term include, respectively, the schools and the colleges of the Pentecostal Assemblies of Newfoundland. Term 17 of the Terms of Union of Newfoundland with Canada (confirmed by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.)), which Term provided an alternative for Newfoundland, originally read as follows: 17. In lieu of section ninety-three of the Constitution Act, 1867, the following term shall apply in respect of the Province of Newfoundland: In and for the Province of Newfoundland the Legislature shall have exclusive authority to make laws in relation to education, but the Legislature will not have authority to make laws prejudicially affecting any right or privilege with respect to denominational schools, common (amalgamated) schools, or denominational colleges, that any class or classes of persons have by law in Newfoundland at the date of Union, and out of public funds of the Province of Newfoundland, provided for education, (a) all such schools shall receive their share of such funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature for all schools then being conducted under authority of the Legislature; and (b) all such colleges shall receive their share of any grant from time to time voted for all colleges then being conducted under authority of the Legislature, such grant being distributed on a non-discriminatory basis. See also sections 23, 29, and 59 of the Constitution Act, 1982. Section 23 provides for new minority educational rights and section 59 permits a delay in respect of the coming into force in Quebec of one aspect of those rights. Section 29 provides that nothing in the Canadian Charter of Rights and Freedoms abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools. (50.1) Added by the Constitution Amendment, 1997 (Quebec) (51) Added by the Constitution Act, 1964, 12-13 Eliz. II, c. 73 (U.K.). As originally enacted by the British North America Act, 1951, 14-15 Geo. VI, c. 32 (U.K.), which was repealed by the Constitution Act, 1982, section 94A read as follows: 94A. It is hereby declared that the Parliament of Canada may from time to time make laws in relation to old age pensions in Canada, but no law made by the Parliament of Canada in relation to old age pensions shall affect the operation of any law present or future of a Provincial Legislature in relation to old age pensions. (52) Repealed and re-enacted by the Constitution Act, 1960, 9 Eliz. II c. 2 (U.K.), which came into force on the 1st day of March, 1961. The original section read as follows: 99. The Judges of the Superior Courts shall hold Office during good Behaviour, but shall be removable by the Governor General on Address of the Senate and House of Commons. (53) Now provided for in the Judges Act, R.S.C. 1985, c. J-1. (54) See the Supreme Court Act, R.S.C. 1985, c. S-26, the Federal Court Act, R.S.C. 1985, (2nd Supp.) c. F-7 and the Tax Court of Canada Act, R.S.C. 1985, c. T-2. (55) Now covered by the Governor General's Act, R.S.C. 1985, c. G-9. (56) Manitoba, Alberta and Saskatchewan were placed in the same position as the original provinces by the Constitution Act, 1930, 21 Geo. V, c. 26(U.K.). These matters were dealt with in respect of British Columbia by the British Columbia Terms of Union and also in part by the Constitution Act, 1930. Newfoundland was also placed in the same position by the Newfoundland Act, 12-13 Geo. V1, c. 22 (U.K.). With respect to Prince Edward Island, see the Schedule to the Prince Edward Island Terms of Union. (57) The obligations imposed by this section, sections 115 and 116, and similar obligations under the instruments creating or admitting other provinces, have been carried into legislation of the Parliament and are now to be found in the Provincial Subsidies Act, R.S.C. 1985, c. P-26. (58) Repealed by the Statute Law Revision Act, 1950, 14 Geo. VI, c. 6 (U.K.). As originally enacted the section read as follows: 118. The following Sums shall be paid yearly by Canada to the several Provinces for the Support of their Governments and Legislatures: Dollars Ontario......................................................Eighty Thousand. Quebec......................................................Seventy Thousand. Nova Scotia...................................................Sixty Thousand. New Brunswick.................................................Fifty Thousand. -------------------- Two hundred and sixty thousand; and an annual Grant in aid of each Province shall be made, equal to Eighty Cents per Head of the Population as ascertained by the Census of One thousand eight hundred and sixty-one, and in the Case of Nova Scotia and New Brunswick, by each subsequent Decennial Census until the Population of each of those two Provinces amounts to Four hundred thousand Souls, at which Rate such Grant shall thereafter remain. Such Grants shall be in full Settlement of all Future Demands on Canada, and shall be paid half-yearly in advance to each Province; but the Government of Canada shall deduct from such Grants, as against any Province, all Sums chargeable as Interest on the Public Debt of that Province in excess of the several Amounts stipulated in this Act. The section was made obsolete by the Constitution Act, 1907, 7 Edw. VII, c. 11 (U.K.) which provided: 1. (1) The following grants shall be made yearly by Canada to every province, which at the commencement of this Act is a province of the Dominion, for its local purposes and the support of its Government and Legislature:-- (a) A fixed grant-- where the population of the province is under one hundred and fifty thousand, of one hundred thousand dollars; where the population of the province is one hundred and fifty thousand, but does not exceed two hundred thousand, of one hundred and fifty thousand dollars; where the population of the province is two hundred thousand, but does not exceed four hundred thousand, of one hundred and eighty thousand dollars; where the population of the province is four hundred thousand, but does not exceed eight hundred thousand, of one hundred and ninety thousand dollars; where the population of the province is eight hundred thousand, but does not exceed one million five hundred thousand, of two hundred and twenty thousand dollars; where the population of the province exceeds one million five hundred thousand, of two hundred and forty thousand; and (b) Subject to the special provisions of this Act as to the provinces of British Columbia and Prince Edward Island, a grant at the rate of eighty cents per head of the population of the province up to the number of two million five hundred thousand, and at the rate of sixty cents per head of so much of the population as exceeds that number. (2) An additional grant of one hundred thousand dollars shall be made yearly to the province of British Columbia for a period of ten years from the commencement of this Act. (3) The population of a province shall be ascertained from time to time in the case of the provinces of Manitoba, Saskatchewan, and Alberta respectively by the last quinquennial census or statutory estimate of population made under the Acts establishing those provinces or any other Act of the Parliament of Canada making provision for the purpose, and in the of any other province by the last decennial census for the time being. (4) The grants payable under this Act shall be paid half-yearly in advance to each province. (5) The grants payable under this Act shall be substituted for the grants or subsidies (in this Act referred to as existing grants) payable for the like purposes at the enhancement of this Act to the several provinces of the Dominion under the provisions of section one hundred and eighteen of the Constitution Act, 1867, or of any Order in Council establishing a province, or of Any Act of the Parliament of Canada containing directions for the payment of any such grant or subsidy, and those provisions shall cease to have effect. (6) The Government of Canada shall have the same power of deducting sums charged against a province on account of interest on public debt in the case of the grant payable under this Act to the province as they have in the case of the existing grant. (7) Nothing in this Act shall affect the obligation of the Government of Canada to pay to any province any grant which is payable to that province, other than the existing grant for which the grant under this Act is substituted. (8) In the case of the provinces of British Columbia and Prince Edward Island, the amount paid on account of the grant payable per head of the population to the provinces under this Act shall not at any time be less than the amount of the corresponding grant payable at the commencement of this Act, and if it is found on any decennial census that the population of the province has decreased since the last decennial census, the amount paid on account of the grant shall not be decreased below the amount payable, notwithstanding the decrease of the population. See the Provincial Subsidies Act, R.S.C. 1985, c. P-26, the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act R.S.C. 1985. See also Part III of the Constitution Act, 1982, which sets out commitments by Parliament and the provincial legislatures respecting equal opportunities, economic development and the provision of essential public services and a commitment by Parliament and the government of Canada to the principle of making equalization payments. (59) Spent. (60) Spent. Now covered by the Customs Act, R.S.C. 1985, c. C-1 (2nd Supp.), the Customs Tariff, S.C. 1997, c. 36, the Excise Act, R.S.C. 1985, c. E-14, and the Excise Tax Act, R.S.C. 1985, c. E-15. (61) Spent. (62) These dues were repealed in 1873 by 36 Vict., c. 16 (N.B.). And see An Act respecting the Export Duties imposed on Lumber, etc. (1873) 36 Vict., c. 41 (Canada), and section 2 of the Provincial Subsidies Act, R.S.C. 1985, c. P-26. (63) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows: 127. If any Person being at the passing of this Act a Member of the Legislative Council of Canada, Nova Scotia, or New Brunswick to whom a Place in the Senate is offered, does not within Thirty Days thereafter, by Writing under his Hand addressed to the Governor-General of the Province of Canada or to the Lieutenant Governor of Nova Scotia or New Brunswick (as the Case may be), accept the same, he shall be deemed to have declined the same; and any Person who, being at the passing of this Act a Member of the Legislative Council of Nova Scotia or New Brunswick, accepts a Place in the Senate, shall thereby vacate his Seat in such Legislative Council. (64) The restriction against altering or repealing laws enacted by or existing under statutes of the United Kingdom was removed by the Statute of Westminster, 1931, 22 Geo. V, c.4 (U.K.) except in respect of certain constitutional documents. Comprehensive procedures for amending enactments forming part of the Constitution of Canada were provided by Part V of the Constitution Act, 1982, (U.K.) 1982, c. 11. (65) Spent. (66) A similar provision was enacted for Manitoba by Section 23 of the Manitoba Act, 1870, 33 Vict. c. 3 (Canada), (confirmed by the Constitution Act, 1871). Section 23 read as follows: 23. Either the English or the French language may be used by any person in the debates of the Houses of the Legislature, and both these languages shall be used in the respective Records and Journals of those Houses; and either of those languages may be used by any person, or in any Pleading or Process, in or issuing from any Court of Canada established under the British North America Act, 1867, or in or from all or any of the Courts of the Province. The Acts of the Legislature shall be printed and published in both these languages. Sections 17 to 19 of the Constitution Act, 1982, restate the languages rights set out in section 133 in respect of Parliament and the courts established under the Constitution Act, 1867, and also guarantees those rights in respect of the legislature of New Brunswick and the courts of that province. Section 16 and sections 20, 21 and 23 of the Constitution Act, 1982, recognize additional languages rights in respect of the English and French languages. Section 22 preserves language rights and privileges of languages other than English and French. (67) Spent. Now covered in Ontario by the Executive Council Act, R.S.O. 1990, E.25 and in Quebec by the Executive Power Act, R.S.Q. 1977, c. E-18. (68) Probably Spent. (69) Probably Spent. (70) Probably Spent. (71) Spent. Penitentiaries are now provided for by the Corrections and Conditional Release Act, S.C. 1992, c. 20. (72) Spent. See pages (xi) and (xii) of the Public Accounts, 1902-03. (73) Probably spent. Two orders were made under this section on the 24th of January, 1868. (74) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14, (U.K.). The section read as follows: X.--Intercolonial Railway. 145. Inasmuch as the Provinces of Canada, Nova Scotia, and New Brunswick have joined in a Declaration that the Construction of the Intercolonial Railway is essential to the Consolidation of the Union of British North America, and to the Assent thereto of Nova Scotia and New Brunswick, and have consequently agreed that Provision should be made for its immediate Construction by the Government of Canada; Therefore, in order to give effect to that Agreement, it shall be the Duty of the Government and Parliament of Canada to provide for the commencement, within Six Months after the Union, of a Railway connecting the River St. Lawrence with the City of Halifax in Nova Scotia, and for the Construction thereof without Intermission, and the Completion thereof with all practicable Speed. (75) All territories mentioned in this section are now part of Canada. See the notes to section 5, supra. (76) Spent. See the notes to sections 21. 22, 26, 27 and 28, supra. (77) Spent. Representation Act, S.O. 1996, c. 28. (78) As enacted by the Constitution Act, 1982. __________________________________________________________________ Last HTML revision: 4 June, 2009. W.F.M. 400 Bad Request __________________________________________________________________ nginx/1.3.7 TREATY OF AMSTERDAM AMENDING THE TREATY ON EUROPEAN UNION, THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES AND RELATED ACTS Official Journal C 340, 10 November 1997 __________________________________________________________________ TREATY OF AMSTERDAM AMENDING THE TREATY ON EUROPEAN UNION, THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES Protocol on Article J.7 of the Treaty on European Union Protocol integrating the Schengen acquis into the framework of the European Union Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European Community to the United Kingdom and to Ireland Protocol on the position of the United Kingdom and Ireland Protocol on the position of Denmark Protocol on asylum for nationals of Member States of the European Union Protocol on the application of the principles of subsidiarity and proportionality Protocol on external relations of the Member States with regard to the crossing of external borders Protocol on the system of public broadcasting in the Member States Protocol on protection and welfare of animals Protocol on the institutions with the prospect of enlargement of the European Union Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol Protocol on the role of national parliaments in the European Union FINAL ACT 1. Declaration on the abolition of the death penalty 2. Declaration on enhanced cooperation between the European Union and the Western European Union 3. Declaration relating to Western European Union 4. Declaration on Articles J.14 and K.10 of the Treaty on European Union 5. Declaration on Article J.15 of the Treaty on European Union 6. Declaration on the establishment of a policy planning and early warning unit 7. Declaration on Article K.2 of the Treaty on European Union 8. Declaration on Article K.3(e) of the Treaty on European Union 9. Declaration on Article K.6(2) of the Treaty on European Union 10. Declaration on Article K.7 of the Treaty on European Union 11. Declaration on the status of churches and non-confessional organisations 12. Declaration on environmental impact assessments 13. Declaration on Article 7d of the Treaty establishing the European Community 14. Declaration on the repeal of Article 44 of the Treaty establishing the European Community 15. Declaration on the preservation of the level of protection and security provided by the Schengen acquis 16. Declaration on Article 73j(2)(b) of the Treaty establishing the European Community 17. Declaration on Article 73k of the Treaty establishing the European Community 18. Declaration on Article 73k(3)(a) of the Treaty establishing the European Community 19. Declaration on Article 73l(1) of the Treaty establishing the European Community 20. Declaration on Article 73m of the Treaty establishing the European Community 21. Declaration on Article 73o of the Treaty establishing the European Community 22. Declaration regarding persons with a disability 23. Declaration on incentive measures referred to in Article 109r of the Treaty establishing the European Community 24. Declaration on Article 109r of the Treaty establishing the European Community 25. Declaration on Article 118 of the Treaty establishing the European Community 26. Declaration on Article 118(2) of the Treaty establishing the European Community 27. Declaration on Article 118b(2) of the Treaty establishing the European Community 28. Declaration on Article 119(4) of the Treaty establishing the European Community 29. Declaration on sport 30. Declaration on island regions 31. Declaration relating to the Council Decision of 13 July 1987 32. Declaration on the organisation and functioning of the Commission 33. Declaration on Article 188c(3) of the Treaty establishing the European Community 34. Declaration on respect for time limits under the co-decision procedure 35. Declaration on Article 191a(1) of the Treaty establishing the European Community 36. Declaration on the Overseas Countries and Territories 37. Declaration on public credit institutions in Germany 38. Declaration on voluntary service activities 39. Declaration on the quality of the drafting of Community legislation 40. Declaration concerning the procedure for concluding international agreements by the European Coal and Steel Community 41. Declaration on the provisions relating to transparency, access to documents and the fight against fraud 42. Declaration on the consolidation of the Treaties 43. Declaration relating to the Protocol on the application of the principles of subsidiarity and proportionality 44. Declaration on Article 2 of the Protocol integrating the Schengen acquis into the framework of the European Union 45. Declaration on Article 4 of the Protocol integrating the Schengen acquis into the framework of the European Union 46. Declaration on Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union 47. Declaration on Article 6 of the Protocol integrating the Schengen acquis into the framework of the European Union 48. Declaration relating to the Protocol on asylum for nationals of Member States of the European Union 49. Declaration relating to subparagraph (d) of the Sole Article of the Protocol on asylum for nationals of Member States of the European Union 50. Declaration relating to the Protocol on the institutions with the prospect of enlargement of the European Union 51. Declaration on Article 10 of the Treaty of Amsterdam 1. Declaration by Austria and Luxembourg on credit institutions 2. Declaration by Denmark on Article K.14 of the Treaty on European Union 3. Declaration by Germany, Austria and Belgium on subsidiarity 4. Declaration by Ireland on Article 3 of the Protocol on the position of the United Kingdom and Ireland 5. Declaration by Belgium on the Protocol on asylum for nationals of Member States of the European Union 6. Declaration by Belgium, France and Italy on the Protocol on the institutions with the prospect of enlargement of the European Union 7. Declaration by France concerning the situation of the overseas departments in the light of the Protocol integrating the Schengen acquis into the framework of the European Union 8. Declaration by Greece concerning the Declaration on the status of churches and non-confessional organisations CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN UNION CONSOLIDATED VERSION OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY MINUTES OF THE SIGNINGof the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts Declarations on Article K.7 of the Treaty on European Union as amended by the Treaty of Amsterdam __________ TREATY OF AMSTERDAM AMENDING THE TREATY ON EUROPEAN UNION, THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES AND CERTAIN RELATED ACTS HIS MAJESTY THE KING OF THE BELGIANS, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE HELLENIC REPUBLIC, HIS MAJESTY THE KING OF SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE COMMISSION AUTHORISED BY ARTICLE 14 OF THE CONSTITUTION OF IRELAND TO EXERCISE AND PERFORM THE POWERS AND FUNCTIONS OF THE PRESIDENT OF IRELAND, THE PRESIDENT OF THE ITALIAN REPUBLIC, HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS, THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA, THE PRESIDENT OF THE PORTUGUESE REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF FINLAND, HIS MAJESTY THE KING OF SWEDEN, HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, HAVE RESOLVED to amend the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, and to this end have designated as their Plenipotentiaries: HIS MAJESTY THE KING OF THE BELGIANS: Mr. Erik DERYCKE, Minister for Foreign Affairs; HER MAJESTY THE QUEEN OF DENMARK: Mr. Niels Helveg PETERSEN, Minister for Foreign Affairs; THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY: Dr. Klaus KINKEL, Federal Minister for Foreign Affairs and Deputy Federal Chancellor; THE PRESIDENT OF THE HELLENIC REPUBLIC: Mr. Theodoros PANGALOS, Minister for Foreign Affairs; HIS MAJESTY THE KING OF SPAIN: Mr. Juan Abel MATUTES, Minister for Foreign Affairs; THE PRESIDENT OF THE FRENCH REPUBLIC: Mr. Hubert VEDRINE, Minister for Foreign Affairs; THE COMMISSION AUTHORISED BY ARTICLE 14 OF THE CONSTITUTION OF IRELAND TO EXERCISE AND PERFORM THE POWERS AND FUNCTIONS OF THE PRESIDENT OF IRELAND: Mr. Raphael P. BURKE, Minister for Foreign Affairs; THE PRESIDENT OF THE ITALIAN REPUBLIC: Mr. Lamberto DINI, Minister for Foreign Affairs; HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG: Mr. Jacques F. POOS, Deputy Prime Minister, Minister for Foreign Affairs, Foreign Trade and Cooperation; HER MAJESTY THE QUEEN OF THE NETHERLANDS: Mr. Hans VAN MIERLO, Deputy Prime Minister and Minister for Foreign Affairs; THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA: Mr. Wolfgang SCHUeSSEL, Federal Minister for Foreign Affairs and Vice Chancellor; THE PRESIDENT OF THE PORTUGUESE REPUBLIC: Mr. Jaime GAMA, Minister for Foreign Affairs; THE PRESIDENT OF THE REPUBLIC OF FINLAND: Ms. Tarja HALONEN, Minister for Foreign Affairs; HIS MAJESTY THE KING OF SWEDEN: Ms. Lena HJELM-WALLEN, Minister for Foreign Affairs; HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND: Mr. Douglas HENDERSON, Minister of State, Foreign and Commonwealth Office; WHO, having exchanged their full powers found in good and due form, HAVE AGREED AS FOLLOWS: PART ONE SUBSTANTIVE AMENDMENTS Article 1 The Treaty on European Union shall be amended in accordance with the provisions of this Article. 1. After the third recital the following recital shall be inserted: `CONFIRMING their attachment to fundamental social rights as defined in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers,' 2. The existing seventh recital shall be replaced by the following: `DETERMINED to promote economic and social progress for their peoples, taking into account the principle of sustainable development and within the context of the accomplishment of the internal market and of reinforced cohesion and environmental protection, and to implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields,' 3. The existing ninth and tenth recitals shall be replaced by the following: `RESOLVED to implement a common foreign and security policy including the progressive framing of a common defence policy, which might lead to a common defence in accordance with the provisions of Article J.7, thereby reinforcing the European identity and its independence in order to promote peace, security and progress in Europe and in the world, RESOLVED to facilitate the free movement of persons, while ensuring the safety and security of their peoples, by establishing an area of freedom, security and justice, in accordance with the provisions of this Treaty,' 4. In Article A the second paragraph shall be replaced by the following: `This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen.' 5. Article B shall be replaced by the following: `Article B The Union shall set itself the following objectives: - to promote economic and social progress and a high level of employment and to achieve balanced and sustainable development, in particular through the creation of an area without internal frontiers, through the strengthening of economic and social cohesion and through the establishment of economic and monetary union, ultimately including a single currency in accordance with the provisions of this Treaty; - to assert its identity on the international scene, in particular through the implementation of a common foreign and security policy including the progressive framing of a common defence policy, which might lead to a common defence, in accordance with the provisions of Article J.7; - to strengthen the protection of the rights and interests of the nationals of its Member States through the introduction of a citizenship of the Union; - to maintain and develop the Union as an area of freedom, security and justice, in which the free movement of persons is assured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime; - to maintain in full the acquis communautaire and build on it with a view to considering to what extent the policies and forms of cooperation introduced by this Treaty may need to be revised with the aim of ensuring the effectiveness of the mechanisms and the institutions of the Community. The objectives of the Union shall be achieved as provided in this Treaty and in accordance with the conditions and the timetable set out therein while respecting the principle of subsidiarity as defined in Article 3b of the Treaty establishing the European Community.' 6. In Article C, the second paragraph shall be replaced by the following: `The Union shall in particular ensure the consistency of its external activities as a whole in the context of its external relations, security, economic and development policies. The Council and the Commission shall be responsible for ensuring such consistency and shall cooperate to this end. They shall ensure the implementation of these policies, each in accordance with its respective powers.' 7. Article E shall be replaced by the following: `Article E The European Parliament, the Council, the Commission, the Court of Justice and the Court of Auditors shall exercise their powers under the conditions and for the purposes provided for, on the one hand, by the provisions of the Treaties establishing the European Communities and of the subsequent Treaties and Acts modifying and supplementing them and, on the other hand, by the other provisions of this Treaty.' 8. Article F shall be amended as follows: (a) paragraph 1 shall be replaced by the following: `1. The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.'; (b) the existing paragraph 3 shall become paragraph 4 and a new paragraph 3 shall be inserted as follows: `3. The Union shall respect the national identities of its Member States.' 9. The following Article shall be inserted at the end of Title I: `Article F.1 1. The Council, meeting in the composition of the Heads of State or Government and acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the assent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of principles mentioned in Article F(1), after inviting the government of the Member State in question to submit its observations. 2. Where such a determination has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of this Treaty to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons. The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State. 3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 2 in response to changes in the situation which led to their being imposed. 4. For the purposes of this Article, the Council shall act without taking into account the vote of the representative of the government of the Member State in question. Abstentions by members present in person or represented shall not prevent the adoption of decisions referred to in paragraph 1. A qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in Article 148(2) of the Treaty establishing the European Community. This paragraph shall also apply in the event of voting rights being suspended pursuant to paragraph 2. 5. For the purposes of this Article, the European Parliament shall act by a two thirds majority of the votes cast, representing a majority of its members.' 10. Title V shall be replaced by the following: `Title V PROVISIONS ON A COMMON FOREIGN AND SECURITY POLICY Article J.1 1. The Union shall define and implement a common foreign and security policy covering all areas of foreign and security policy, the objectives of which shall be: - to safeguard the common values, fundamental interests, independence and integrity of the Union in conformity with the principles of the United Nations Charter; - to strengthen the security of the Union in all ways; - to preserve peace and strengthen international security, in accordance with the principles of the United Nations Charter, as well as the principles of the Helsinki Final Act and the objectives of the Paris Charter, including those on external borders; - to promote international cooperation; - to develop and consolidate democracy and the rule of law, and respect for human rights and fundamental freedoms. 2. The Member States shall support the Union's external and security policy actively and unreservedly in a spirit of loyalty and mutual solidarity. The Member States shall work together to enhance and develop their mutual political solidarity. They shall refrain from any action which is contrary to the interests of the Union or likely to impair its effectiveness as a cohesive force in international relations. The Council shall ensure that these principles are complied with. Article J.2 The Union shall pursue the objectives set out in Article J.1 by: - defining the principles of and general guidelines for the common foreign and security policy; - deciding on common strategies; - adopting joint actions; - adopting common positions; - strengthening systematic cooperation between Member States in the conduct of policy. Article J.3 1. The European Council shall define the principles of and general guidelines for the common foreign and security policy, including for matters with defence implications. 2. The European Council shall decide on common strategies to be implemented by the Union in areas where the Member States have important interests in common. Common strategies shall set out their objectives, duration and the means to be made available by the Union and the Member States. 3. The Council shall take the decisions necessary for defining and implementing the common foreign and security policy on the basis of the general guidelines defined by the European Council. The Council shall recommend common strategies to the European Council and shall implement them, in particular by adopting joint actions and common positions. The Council shall ensure the unity, consistency and effectiveness of action by the Union. Article J.4 1. The Council shall adopt joint actions. Joint actions shall address specific situations where operational action by the Union is deemed to be required. They shall lay down their objectives, scope, the means to be made available to the Union, if necessary their duration, and the conditions for their implementation. 2. If there is a change in circumstances having a substantial effect on a question subject to joint action, the Council shall review the principles and objectives of that action and take the necessary decisions. As long as the Council has not acted, the joint action shall stand. 3. Joint actions shall commit the Member States in the positions they adopt and in the conduct of their activity. 4. The Council may request the Commission to submit to it any appropriate proposals relating to the common foreign and security policy to ensure the implementation of a joint action. 5. Whenever there is any plan to adopt a national position or take national action pursuant to a joint action, information shall be provided in time to allow, if necessary, for prior consultations within the Council. The obligation to provide prior information shall not apply to measures which are merely a national transposition of Council decisions. 6. In cases of imperative need arising from changes in the situation and failing a Council decision, Member States may take the necessary measures as a matter of urgency having regard to the general objectives of the joint action. The Member State concerned shall inform the Council immediately of any such measures. 7. Should there be any major difficulties in implementing a joint action, a Member State shall refer them to the Council which shall discuss them and seek appropriate solutions. Such solutions shall not run counter to the objectives of the joint action or impair its effectiveness. Article J.5 The Council shall adopt common positions. Common positions shall define the approach of the Union to a particular matter of a geographical or thematic nature. Member States shall ensure that their national policies conform to the common positions. Article J.6 Member States shall inform and consult one another within the Council on any matter of foreign and security policy of general interest in order to ensure that the Union's influence is exerted as effectively as possible by means of concerted and convergent action. Article J.7 1. The common foreign and security policy shall include all questions relating to the security of the Union, including the progressive framing of a common defence policy, in accordance with the second subparagraph, which might lead to a common defence, should the European Council so decide. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements. The Western European Union (WEU) is an integral part of the development of the Union providing the Union with access to an operational capability notably in the context of paragraph 2. It supports the Union in framing the defence aspects of the common foreign and security policy as set out in this Article. The Union shall accordingly foster closer institutional relations with the WEU with a view to the possibility of the integration of the WEU into the Union, should the European Council so decide. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements. The policy of the Union in accordance with this Article shall not prejudice the specific character of the security and defence policy of certain Member States and shall respect the obligations of certain Member States, which see their common defence realised in the North Atlantic Treaty Organisation (NATO), under the North Atlantic Treaty and be compatible with the common security and defence policy established within that framework. The progressive framing of a common defence policy will be supported, as Member States consider appropriate, by cooperation between them in the field of armaments. 2. Questions referred to in this Article shall include humanitarian and rescue tasks, peace-keeping tasks and tasks of combat forces in crisis management, including peacemaking. 3. The Union will avail itself of the WEU to elaborate and implement decisions and actions of the Union which have defence implications. The competence of the European Council to establish guidelines in accordance with Article J.3 shall also obtain in respect of the WEU for those matters for which the Union avails itself of the WEU. When the Union avails itself of the WEU to elaborate and implement decisions of the Union on the tasks referred to in paragraph 2 all Member States of the Union shall be entitled to participate fully in the tasks in question. The Council, in agreement with the institutions of the WEU, shall adopt the necessary practical arrangements to allow all Member States contributing to the tasks in question to participate fully and on an equal footing in planning and decision taking in the WEU. Decisions having defence implications dealt with under this paragraph shall be taken without prejudice to the policies and obligations referred to in paragraph 1, third subparagraph. 4. The provisions of this Article shall not prevent the development of closer cooperation between two or more Member States on a bilateral level, in the framework of the WEU and the Atlantic Alliance, provided such cooperation does not run counter to or impede that provided for in this Title. 5. With a view to furthering the objectives of this Article, the provisions of this Article will be reviewed in accordance with Article N. Article J.8 1. The Presidency shall represent the Union in matters coming within the common foreign and security policy. 2. The Presidency shall be responsible for the implementation of decisions taken under this Title; in that capacity it shall in principle express the position of the Union in international organisations and international conferences. 3. The Presidency shall be assisted by the Secretary-General of the Council who shall exercise the function of High Representative for the common foreign and security policy. 4. The Commission shall be fully associated in the tasks referred to in paragraphs 1 and 2. The Presidency shall be assisted in those tasks if need be by the next Member State to hold the Presidency. 5. The Council may, whenever it deems it necessary, appoint a special representative with a mandate in relation to particular policy issues. Article J.9 1. Member States shall coordinate their action in international organisations and at international conferences. They shall uphold the common positions in such fora. In international organisations and at international conferences where not all the Member States participate, those which do take part shall uphold the common positions. 2. Without prejudice to paragraph 1 and Article J.4(3), Member States represented in international organisations or international conferences where not all the Member States participate shall keep the latter informed of any matter of common interest. Member States which are also members of the United Nations Security Council will concert and keep the other Member States fully informed. Member States which are permanent members of the Security Council will, in the execution of their functions, ensure the defence of the positions and the interests of the Union, without prejudice to their responsibilities under the provisions of the United Nations Charter. Article J.10 The diplomatic and consular missions of the Member States and the Commission Delegations in third countries and international conferences, and their representations to international organisations, shall cooperate in ensuring that the common positions and joint actions adopted by the Council are complied with and implemented. They shall step up cooperation by exchanging information, carrying out joint assessments and contributing to the implementation of the provisions referred to in Article 8c of the Treaty establishing the European Community. Article J.11 The Presidency shall consult the European Parliament on the main aspects and the basic choices of the common foreign and security policy and shall ensure that the views of the European Parliament are duly taken into consideration. The European Parliament shall be kept regularly informed by the Presidency and the Commission of the development of the Union's foreign and security policy. The European Parliament may ask questions of the Council or make recommendations to it. It shall hold an annual debate on progress in implementing the common foreign and security policy. Article J.12 1. Any Member State or the Commission may refer to the Council any questions relating to the common foreign and security policy and may submit proposals to the Council. 2. In cases requiring a rapid decision, the Presidency, of its own motion, or at the request of the Commission or a Member State, shall convene an extraordinary Council meeting within forty-eight hours or, in an emergency, within a shorter period. Article J.13 1. Decisions under this Title shall be taken by the Council acting unanimously. Abstentions by members present in person or represented shall not prevent the adoption of such decisions. When abstaining in a vote, any member of the Council may qualify its abstention by making a formal declaration under the present subparagraph. In that case, it shall not be obliged to apply the decision, but shall accept that the decision commits the Union. In a spirit of mutual solidarity, the Member State concerned shall refrain from any action likely to conflict with or impede Union action based on that decision and the other Member States shall respect its position. If the members of the Council qualifying their abstention in this way represent more than one third of the votes weighted in accordance with Article 148(2) of the Treaty establishing the European Community, the decision shall not be adopted. 2. By derogation from the provisions of paragraph 1, the Council shall act by qualified majority: - when adopting joint actions, common positions or taking any other decision on the basis of a common strategy; - when adopting any decision implementing a joint action or a common position. If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity. The votes of the members of the Council shall be weighted in accordance with Article 148(2) of the Treaty establishing the European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members. This paragraph shall not apply to decisions having military or defence implications. 3. For procedural questions, the Council shall act by a majority of its members. Article J.14 When it is necessary to conclude an agreement with one or more States or international organisations in implementation of this Title, the Council, acting unanimously, may authorise the Presidency, assisted by the Commission as appropriate, to open negotiations to that effect. Such agreements shall be concluded by the Council acting unanimously on a recommendation from the Presidency. No agreement shall be binding on a Member State whose representative in the Council states that it has to comply with the requirements of its own constitutional procedure; the other members of the Council may agree that the agreement shall apply provisionally to them. The provisions of this Article shall also apply to matters falling under Title VI. Article J.15 Without prejudice to Article 151 of the Treaty establishing the European Community, a Political Committee shall monitor the international situation in the areas covered by the common foreign and security policy and contribute to the definition of policies by delivering opinions to the Council at the request of the Council or on its own initiative. It shall also monitor the implementation of agreed policies, without prejudice to the responsibility of the Presidency and the Commission. Article J.16 The Secretary-General of the Council, High Representative for the common foreign and security policy, shall assist the Council in matters coming within the scope of the common foreign and security policy, in particular through contributing to the formulation, preparation and implementation of policy decisions, and, when appropriate and acting on behalf of the Council at the request of the Presidency, through conducting political dialogue with third parties. Article J.17 The Commission shall be fully associated with the work carried out in the common foreign and security policy field. Article J.18 1. Articles 137, 138, 139 to 142, 146, 147, 150 to 153, 157 to 163, 191a and 217 of the Treaty establishing the European Community shall apply to the provisions relating to the areas referred to in this Title. 2. Administrative expenditure which the provisions relating to the areas referred to in this Title entail for the institutions shall be charged to the budget of the European Communities. 3. Operational expenditure to which the implementation of those provisions gives rise shall also be charged to the budget of the European Communities, except for such expenditure arising from operations having military or defence implications and cases where the Council acting unanimously decides otherwise. In cases where expenditure is not charged to the budget of the European Communities it shall be charged to the Member States in accordance with the gross national product scale, unless the Council acting unanimously decides otherwise. As for expenditure arising from operations having military or defence implications, Member States whose representatives in the Council have made a formal declaration under Article J.13(1), second subparagraph, shall not be obliged to contribute to the financing thereof. 4. The budgetary procedure laid down in the Treaty establishing the European Community shall apply to the expenditure charged to the budget of the European Communities.' 11. Title VI shall be replaced by the following: `Title VI PROVISIONS ON POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS Article K.1 Without prejudice to the powers of the European Community, the Union's objective shall be to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the fields of police and judicial cooperation in criminal matters and by preventing and combating racism and xenophobia. That objective shall be achieved by preventing and combating crime, organised or otherwise, in particular terrorism, trafficking in persons and offences against children, illicit drug trafficking and illicit arms trafficking, corruption and fraud, through: - closer cooperation between police forces, customs authorities and other competent authorities in the Member States, both directly and through the European Police Office (Europol), in accordance with the provisions of Articles K.2 and K.4; - closer cooperation between judicial and other competent authorities of the Member States in accordance with the provisions of Articles K.3(a) to (d) and K.4; - approximation, where necessary, of rules on criminal matters in the Member States, in accordance with the provisions of Article K.3(e). Article K.2 1. Common action in the field of police cooperation shall include: (a) operational cooperation between the competent authorities, including the police, customs and other specialised law enforcement services of the Member States in relation to the prevention, detection and investigation of criminal offences; (b) the collection, storage, processing, analysis and exchange of relevant information, including information held by law enforcement services on reports on suspicious financial transactions, in particular through Europol, subject to appropriate provisions on the protection of personal data; (c) cooperation and joint initiatives in training, the exchange of liaison officers, secondments, the use of equipment, and forensic research; (d) the common evaluation of particular investigative techniques in relation to the detection of serious forms of organised crime. 2. The Council shall promote cooperation through Europol and shall in particular, within a period of five years after the date of entry into force of the Treaty of Amsterdam: (a) enable Europol to facilitate and support the preparation, and to encourage the coordination and carrying out, of specific investigative actions by the competent authorities of the Member States, including operational actions of joint teams comprising representatives of Europol in a support capacity; (b) adopt measures allowing Europol to ask the competent authorities of the Member States to conduct and coordinate their investigations in specific cases and to develop specific expertise which may be put at the disposal of Member States to assist them in investigating cases of organised crime; (c) promote liaison arrangements between prosecuting/investigating officials specialising in the fight against organised crime in close cooperation with Europol; (d) establish a research, documentation and statistical network on cross-border crime. Article K.3 Common action on judicial cooperation in criminal matters shall include: (a) facilitating and accelerating cooperation between competent ministries and judicial or equivalent authorities of the Member States in relation to proceedings and the enforcement of decisions; (b) facilitating extradition between Member States; (c) ensuring compatibility in rules applicable in the Member States, as may be necessary to improve such cooperation; (d) preventing conflicts of jurisdiction between Member States; (e) progressively adopting measures establishing minimum rules relating to the constituent elements of criminal acts and to penalties in the fields of organised crime, terrorism and illicit drug trafficking. Article K.4 The Council shall lay down the conditions and limitations under which the competent authorities referred to in Articles K.2 and K.3 may operate in the territory of another Member State in liaison and in agreement with the authorities of that State. Article K.5 This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security. Article K.6 1. In the areas referred to in this Title, Member States shall inform and consult one another within the Council with a view to coordinating their action. To that end, they shall establish collaboration between the relevant departments of their administrations. 2. The Council shall take measures and promote cooperation, using the appropriate form and procedures as set out in this Title, contributing to the pursuit of the objectives of the Union. To that end, acting unanimously on the initiative of any Member State or of the Commission, the Council may: (a) adopt common positions defining the approach of the Union to a particular matter; (b) adopt framework decisions for the purpose of approximation of the laws and regulations of the Member States. Framework decisions shall be binding upon the Member States as to the result to be achieved but shall leave to the national authorities the choice of form and methods. They shall not entail direct effect; (c) adopt decisions for any other purpose consistent with the objectives of this Title, excluding any approximation of the laws and regulations of the Member States. These decisions shall be binding and shall not entail direct effect; the Council, acting by a qualified majority, shall adopt measures necessary to implement those decisions at the level of the Union; (d) establish conventions which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements. Member States shall begin the procedures applicable within a time limit to be set by the Council. Unless they provide otherwise, conventions shall, once adopted by at least half of the Member States, enter into force for those Member States. Measures implementing conventions shall be adopted within the Council by a majority of two-thirds of the Contracting Parties. 3. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as laid down in Article 148(2) of the Treaty establishing the European Community, and for their adoption acts of the Council shall require at least 62 votes in favour, cast by at least 10 members. 4. For procedural questions, the Council shall act by a majority of its members. Article K.7 1. The Court of Justice of the European Communities shall have jurisdiction, subject to the conditions laid down in this Article, to give preliminary rulings on the validity and interpretation of framework decisions, and decisions on the interpretation of conventions established under this Title and on the validity and interpretation of the measures implementing them. 2. By a declaration made at the time of signature of the Treaty of Amsterdam or at any time thereafter, any Member State shall be able to accept the jurisdiction of the Court of Justice to give preliminary rulings as specified in paragraph 1. 3. A Member State making a declaration pursuant to paragraph 2 shall specify that either: (a) any court or tribunal of that State against whose decisions there is no judicial remedy under national law may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act referred to in paragraph 1 if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment, or (b) any court or tribunal of that State may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act referred to in paragraph 1 if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment. 4. Any Member State, whether or not it has made a declaration pursuant to paragraph 2, shall be entitled to submit statements of case or written observations to the Court in cases which arise under paragraph 1. 5. The Court of Justice 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. 6. The Court of Justice shall have jurisdiction to review the legality of framework decisions and decisions in actions brought by a Member State or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers. The proceedings provided for in this paragraph shall be instituted within two months of the publication of the measure. 7. The Court of Justice shall have jurisdiction to rule on any dispute between Member States regarding the interpretation or the application of acts adopted under Article K.6(2) whenever such dispute cannot be settled by the Council within six months of its being referred to the Council by one of its members. The Court shall also have jurisdiction to rule on any dispute between Member States and the Commission regarding the interpretation or the application of conventions established under Article K.6(2)(d). Article K.8 1. A Coordinating Committee shall be set up consisting of senior officials. In addition to its coordinating role, it shall be the task of the Committee to: - give opinions for the attention of the Council, either at the Council's request or on its own initiative; - contribute, without prejudice to Article 151 of the Treaty establishing the European Community, to the preparation of the Council's discussions in the areas referred to in Article K.1. 2. The Commission shall be fully associated with the work in the areas referred to in this Title. Article K.9 Within international organisations and at international conferences in which they take part, Member States shall defend the common positions adopted under the provisions of this Title. Articles J.8 and J.9 shall apply as appropriate to matters falling under this Title. Article K.10 Agreements referred to in Article J.14 may cover matters falling under this Title. Article K.11 1. The Council shall consult the European Parliament before adopting any measure referred to in Article K.6(2)(b), (c) and (d). The European Parliament shall deliver its opinion within a time-limit which the Council may lay down, which shall not be less than three months. In the absence of an opinion within that time-limit, the Council may act. 2. The Presidency and the Commission shall regularly inform the European Parliament of discussions in the areas covered by this Title. 3. The European Parliament may ask questions of the Council or make recommendations to it. Each year, it shall hold a debate on the progress made in the areas referred to in this Title. Article K.12 1. Member States which intend to establish closer cooperation between themselves may be authorised, subject to Articles K.15 and K.16, to make use of the institutions, procedures and mechanisms laid down by the Treaties provided that the cooperation proposed: (a) respects the powers of the European Community, and the objectives laid down by this Title; (b) has the aim of enabling the Union to develop more rapidly into an area of freedom, security and justice. 2. The authorisation referred to in paragraph 1 shall be granted by the Council, acting by a qualified majority at the request of the Member States concerned and after inviting the Commission to present its opinion; the request shall also be forwarded to the European Parliament. If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the granting of an authorisation by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity. The votes of the members of the Council shall be weighted in accordance with Article 148(2) of the Treaty establishing the European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members. 3. Any Member State which wishes to become a party to cooperation set up in accordance with this Article shall notify its intention to the Council and to the Commission, which shall give an opinion to the Council within three months of receipt of that notification, possibly accompanied by a recommendation for such specific arrangements as it may deem necessary for that Member State to become a party to the cooperation in question. Within four months of the date of that notification, the Council shall decide on the request and on such specific arrangements as it may deem necessary. The decision shall be deemed to be taken unless the Council, acting by a qualified majority, decides to hold it in abeyance; in this case, the Council shall state the reasons for its decision and set a deadline for re-examining it. For the purposes of this paragraph, the Council shall act under the conditions set out in Article K.16. 4. The provisions of Articles K.1 to K.13 shall apply to the closer cooperation provided for by this Article, save as otherwise provided for in this Article and in Articles K.15 and K.16. The provisions of the Treaty establishing the European Community concerning the powers of the Court of Justice of the European Communities and the exercise of those powers shall apply to paragraphs 1, 2 and 3. 5. This Article is without prejudice to the provisions of the Protocol integrating the Schengen acquis into the framework of the European Union. Article K.13 1. Articles 137, 138, 138e, 139 to 142, 146, 147, 148(3), 150 to 153, 157 to 163, 191a and 217 of the Treaty establishing the European Community shall apply to the provisions relating to the areas referred to in this Title. 2. Administrative expenditure which the provisions relating to the areas referred to in this Title entail for the institutions shall be charged to the budget of the European Communities. 3. Operational expenditure to which the implementation of those provisions gives rise shall also be charged to the budget of the European Communities, except where the Council acting unanimously decides otherwise. In cases where expenditure is not charged to the budget of the European Communities it shall be charged to the Member States in accordance with the gross national product scale, unless the Council acting unanimously decides otherwise. 4. The budgetary procedure laid down in the Treaty establishing the European Community shall apply to the expenditure charged to the budget of the European Communities. Article K.14 The Council, acting unanimously on the initiative of the Commission or a Member State, and after consulting the European Parliament, may decide that action in areas referred to in Article K.1 shall fall under Title IIIa of the Treaty establishing the European Community, and at the same time determine the relevant voting conditions relating to it. It shall recommend the Member States to adopt that decision in accordance with their respective constitutional requirements.' 12. The following new Title shall be inserted: `Title VIa PROVISIONS ON CLOSER COOPERATION Article K.15 1. Member States which intend to establish closer cooperation between themselves may make use of the institutions, procedures and mechanisms laid down by this Treaty and the Treaty establishing the European Community provided that the cooperation: (a) is aimed at furthering the objectives of the Union and at protecting and serving its interests; (b) respects the principles of the said Treaties and the single institutional framework of the Union; (c) is only used as a last resort, where the objectives of the said Treaties could not be attained by applying the relevant procedures laid down therein; (d) concerns at least a majority of Member States; (e) does not affect the acquis communautaire and the measures adopted under the other provisions of the said Treaties; (f) does not affect the competences, rights, obligations and interests of those Member States which do not participate therein; (g) is open to all Member States and allows them to become parties to the cooperation at any time, provided that they comply with the basic decision and with the decisions taken within that framework; (h) complies with the specific additional criteria laid down in Article 5a of the Treaty establishing the European Community and Article K.12 of this Treaty, depending on the area concerned, and is authorised by the Council in accordance with the procedures laid down therein. 2. Member States shall apply, as far as they are concerned, the acts and decisions adopted for the implementation of the cooperation in which they participate. Member States not participating in such cooperation shall not impede the implementation thereof by the participating Member States. Article K.16 1. For the purposes of the adoption of the acts and decisions necessary for the implementation of the cooperation referred to in Article K.15, the relevant institutional provisions of this Treaty and of the Treaty establishing the European Community shall apply. However, while all members of the Council shall be able to take part in the deliberations, only those representing participating Member States shall take part in the adoption of decisions. The qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in Article 148(2) of the Treaty establishing the European Community. Unanimity shall be constituted by only those Council members concerned. 2. Expenditure resulting from implementation of the cooperation, other than administrative costs entailed for the institutions, shall be borne by the participating Member States, unless the Council, acting unanimously, decides otherwise. Article K.17 The Council and the Commission shall regularly inform the European Parliament of the development of closer cooperation established on the basis of this Title.' 13. Article L shall be replaced by the following: `Article L The provisions of the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community concerning the powers of the Court of Justice of the European Communities and the exercise of those powers shall apply only to the following provisions of this Treaty: (a) provisions amending the Treaty establishing the European Economic Community with a view to establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community; (b) provisions of Title VI, under the conditions provided for by Article K.7; (c) provisions of Title VIa, under the conditions provided for by Article 5a of the Treaty establishing the European Community and Article K.12 of this Treaty; (d) Article F(2) with regard to action of the institutions, insofar as the Court has jurisdiction under the Treaties establishing the European Communities and under this Treaty; (e) Articles L to S.' 14. In Article N, paragraph 2 shall be deleted and paragraph 1 shall remain without a number. 15. In Article O, the first paragraph shall be replaced by the following: `Any European State which respects the principles set out in Article F(1) may apply to become a member of the Union. It shall address its application to the Council, which shall act unanimously after consulting the Commission and after receiving the assent of the European Parliament, which shall act by an absolute majority of its component members.' 16. In Article S, a new paragraph shall be added as follows: `Pursuant to the 1994 Accession Treaty, the Finnish and Swedish versions of this Treaty shall also be authentic.' Article 2 The Treaty establishing the European Community shall be amended in accordance with the provisions of this Article. 1. In the preamble the following recital shall be inserted after the eighth recital: `DETERMINED to promote the development of the highest possible level of knowledge for their peoples through a wide access to education and through its continuous updating,' 2. Article 2 shall be replaced by the following: `Article 2 The Community shall have as its task, by establishing a common market and an economic and monetary union and by implementing common policies or activities referred to in Articles 3 and 3a, to promote throughout the Community a harmonious, balanced and sustainable development of economic activities, a high level of employment and of social protection, equality between men and women, sustainable and non-inflationary growth, a high degree of competitiveness and convergence of economic performance, a high level of protection and improvement of the quality of the environment, the raising of the standard of living and quality of life, and economic and social cohesion and solidarity among Member States.' 3. Article 3 shall be amended as follows: (a) the existing text shall be numbered and become paragraph 1; (b) in new paragraph 1, point (d) shall be replaced by the following: `(d) measures concerning the entry and movement of persons as provided for in Title IIIa;'; (c) in new paragraph 1, the following new point (i) shall be inserted after point (h): `(i) the promotion of coordination between employment policies of the Member States with a view to enhancing their effectiveness by developing a coordinated strategy for employment;' (d) in new paragraph 1, the existing point (i) shall become point (j) and the subsequent points shall be renumbered accordingly; (e) the following paragraph shall be added: `2. In all the activities referred to in this Article, the Community shall aim to eliminate inequalities, and to promote equality, between men and women.' 4. The following Article shall be inserted: `Article 3c Environmental protection requirements must be integrated into the definition and implementation of the Community policies and activities referred to in Article 3, in particular with a view to promoting sustainable development.' 5. The following Article shall be inserted: `Article 5a 1. Member States which intend to establish closer cooperation between themselves may be authorised, subject to Articles K.15 and K.16 of the Treaty on the European Union, to make use of the institutions, procedures and mechanisms laid down by this Treaty, provided that the cooperation proposed: (a) does not concern areas which fall within the exclusive competence of the Community; (b) does not affect Community policies, actions or programmes; (c) does not concern the citizenship of the Union or discriminate between nationals of Member States; (d) remains within the limits of the powers conferred upon the Community by this Treaty; and (e) does not constitute a discrimination or a restriction of trade between Member States and does not distort the conditions of competition between the latter. 2. The authorisation referred to in paragraph 1 shall be granted by the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament. If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the granting of an authorisation by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the Council, meeting in the composition of the Heads of State or Government, for decision by unanimity. Member States which intend to establish closer cooperation as referred to in paragraph 1 may address a request to the Commission, which 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. 3. Any Member State which wishes to become a party to cooperation set up in accordance with this Article shall notify its intention to the Council and to the Commission, which shall give an opinion to the Council within three months of receipt of that notification. Within four months of the date of that notification, the Commission shall decide on it and on such specific arrangements as it may deem necessary. 4. The acts and decisions necessary for the implementation of cooperation activities shall be subject to all the relevant provisions of this Treaty, save as otherwise provided for in this Article and in Articles K.15 and K.16 of the Treaty on European Union. 5. This Article is without prejudice to the provisions of the Protocol integrating the Schengen acquis into the framework of the European Union.' 6. In Article 6, the second paragraph shall be replaced by the following: `The Council, acting in accordance with the procedure referred to in Article 189b, may adopt rules designed to prohibit such discrimination.' 7. The following Article shall be inserted: `Article 6a Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.' 8. The following Article shall be inserted at the end of Part One: `Article 7d Without prejudice to Articles 77, 90 and 92, and given the place occupied by services of general economic interest in the shared values of the Union as well as their role in promoting social and territorial cohesion, the Community and the Member States, each within their respective powers and within the scope of application of this Treaty, shall take care that such services operate on the basis of principles and conditions which enable them to fulfil their missions.' 9. Article 8(1) shall be replaced by the following: `1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship.' 10. Article 8a(2) shall be replaced by the following: `2. The Council may adopt provisions with a view to facilitating the exercise of the rights referred to in paragraph 1; save as otherwise provided in this Treaty, the Council shall act in accordance with the procedure referred to in Article 189b. The Council shall act unanimously throughout this procedure.' 11. In Article 8d, the following paragraph shall be added: `Every citizen of the Union may write to any of the institutions or bodies referred to in this Article or in Article 4 in one of the languages mentioned in Article 248 and have an answer in the same language.' 12. Article 51 shall be replaced by the following: `Article 51 The Council shall, acting in accordance with the procedure referred to in Article 189b, adopt such measures in the field of social security as are necessary to provide freedom of movement for workers; to this end, it shall make arrangements to secure for migrant workers and their dependants: (a) aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating the amount of benefit, of all periods taken into account under the laws of the several countries; (b) payment of benefits to persons resident in the territories of Member States. The Council shall act unanimously throughout the procedure referred to in Article 189b.' 13. Article 56(2) shall be replaced by the following: `2. The Council shall, acting in accordance with the procedure referred to in Article 189b, issue directives for the coordination of the abovementioned provisions.' 14. Article 57(2) shall be replaced by the following: `2. For the same purpose, the Council shall, acting in accordance with the procedure referred to in Article 189b, issue directives 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. The Council, acting unanimously throughout the procedure referred to in Article 189b, shall decide on directives the implementation of which involves in at least one Member State amendment of the existing principles laid down by law governing the professions with respect to training and conditions of access for natural persons. In other cases the Council shall act by qualified majority.' 15. The following title shall be inserted in Part Three: `Title IIIa VISAS, ASYLUM, IMMIGRATION AND OTHER POLICIES RELATED TO FREE MOVEMENT OF PERSONS Article 73i In order to establish progressively an area of freedom, security and justice, the Council shall adopt: (a) within a period of five years after the entry into force of the Treaty of Amsterdam, measures aimed at ensuring the free movement of persons in accordance with Article 7a, in conjunction with directly related flanking measures with respect to external border controls, asylum and immigration, in accordance with the provisions of Article 73j(2) and (3) and Article 73k(1)(a) and (2)(a), and measures to prevent and combat crime in accordance with the provisions of Article K.3(e) of the Treaty on European Union; (b) other measures in the fields of asylum, immigration and safeguarding the rights of nationals of third countries, in accordance with the provisions of Article 73k; (c) measures in the field of judicial cooperation in civil matters as provided for in Article 73m; (d) appropriate measures to encourage and strengthen administrative cooperation, as provided for in Article 73n; (e) measures in the field of police and judicial cooperation in criminal matters aimed at a high level of security by preventing and combating crime within the Union in accordance with the provisions of the Treaty on European Union. Article 73j The Council, acting in accordance with the procedure referred to in Article 73o, shall, within a period of five years after the entry into force of the Treaty of Amsterdam, adopt: (1) measures with a view to ensuring, in compliance with Article 7a, the absence of any controls on persons, be they citizens of the Union or nationals of third countries, when crossing internal borders; (2) measures on the crossing of the external borders of the Member States which shall establish: (a) standards and procedures to be followed by Member States in carrying out checks on persons at such borders; (b) rules on visas for intended stays of no more than three months, including: (i) the list of third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement; (ii) the procedures and conditions for issuing visas by Member States; (iii) a uniform format for visas; (iv) rules on a uniform visa; (3) measures setting out the conditions under which nationals of third countries shall have the freedom to travel within the territory of the Member States during a period of no more than three months. Article 73k The Council, acting in accordance with the procedure referred to in Article 73o, shall, within a period of five years after the entry into force of the Treaty of Amsterdam, adopt: (1) measures on asylum, 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, within the following areas: (a) criteria and mechanisms for determining which Member State is responsible for considering an application for asylum submitted by a national of a third country in one of the Member States, (b) minimum standards on the reception of asylum seekers in Member States, (c) minimum standards with respect to the qualification of nationals of third countries as refugees, (d) minimum standards on procedures in Member States for granting or withdrawing refugee status; (2) measures on refugees and displaced persons within the following areas: (a) minimum standards for giving temporary protection to displaced persons from third countries who cannot return to their country of origin and for persons who otherwise need international protection, (b) promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons; (3) measures on immigration policy within the following areas: (a) conditions of entry and residence, and standards on procedures for the issue by Member States of long term visas and residence permits, including those for the purpose of family reunion, (b) illegal immigration and illegal residence, including repatriation of illegal residents; (4) measures defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States. Measures adopted by the Council pursuant to points 3 and 4 shall not prevent any Member State from maintaining or introducing in the areas concerned national provisions which are compatible with this Treaty and with international agreements. Measures to be adopted pursuant to points 2(b), 3(a) and 4 shall not be subject to the five year period referred to above. Article 73l 1. This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security. 2. In the event of one or more Member States being confronted with an emergency situation characterised by a sudden inflow of nationals of third countries and without prejudice to paragraph 1, the Council may, acting by qualified majority on a proposal from the Commission, adopt provisional measures of a duration not exceeding six months for the benefit of the Member States concerned. Article 73m Measures in the field of judicial cooperation in civil matters having cross-border implications, to be taken in accordance with Article 73o and insofar as necessary for the proper functioning of the internal market, shall include: (a) improving and simplifying: - the system for cross-border service of judicial and extrajudicial documents; - cooperation in the taking of evidence; - the recognition and enforcement of decisions in civil and commercial cases, including decisions in extrajudicial cases; (b) promoting the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction; (c) eliminating obstacles to the good functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States. Article 73n The Council, acting in accordance with the procedure referred to in Article 73o, shall take measures to ensure cooperation between the relevant departments of the administrations of the Member States in the areas covered by this Title, as well as between those departments and the Commission. Article 73o 1. During a transitional period of five years following the entry into force of the Treaty of Amsterdam, the Council shall act unanimously on a proposal from the Commission or on the initiative of a Member State and after consulting the European Parliament. 2. After this period of five years: - the Council shall act on proposals from the Commission; the Commission shall examine any request made by a Member State that it submit a proposal to the Council; - the Council, acting unanimously after consulting the European Parliament, shall take a decision with a view to providing for all or parts of the areas covered by this Title to be governed by the procedure referred to in Article 189b and adapting the provisions relating to the powers of the Court of Justice. 3. By derogation from paragraphs 1 and 2, measures referred to in Article 73j(2)(b) (i) and (iii) shall, from the entry into force of the Treaty of Amsterdam, be adopted by the Council acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament. 4. By derogation from paragraph 2, measures referred to in Article 73j(2)(b) (ii) and (iv) shall, after a period of five years following the entry into force of the Treaty of Amsterdam, be adopted by the Council acting in accordance with the procedure referred to in Article 189b. Article 73p 1. Article 177 shall apply to this Title under the following circumstances and conditions: where a question on the interpretation of this Title or on the validity or interpretation of acts of the institutions of the Community based on this Title is raised in a case pending before a court or a tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon. 2. In any event, the Court of Justice shall not have jurisdiction to rule on any measure or decision taken pursuant to Article 73j(1) relating to the maintenance of law and order and the safeguarding of internal security. 3. The Council, the Commission or a Member State may request the Court of Justice to give a ruling on a question of interpretation of this Title or of acts of the institutions of the Community based on this Title. The ruling given by the Court of Justice in response to such a request shall not apply to judgments of courts or tribunals of the Member States which have become res judicata. Article 73q The application of this Title shall be subject to the provisions of the Protocol on the position of the United Kingdom and Ireland and to the Protocol on the position of Denmark and without prejudice to the Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European Community to the United Kingdom and to Ireland.' 16. In Article 75(1), the introductory part shall be replaced by the following: `1. For the purpose of implementing Article 74, and taking into account the distinctive features of transport, the Council shall, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions, lay down:' 17. In Article 100a, paragraphs 3, 4 and 5 shall be replaced by the following paragraphs: `3. The Commission, in its proposals envisaged in paragraph 1 concerning health, safety, environmental protection and consumer protection, will take as a base a high level of protection, taking account in particular of any new development based on scientific facts. Within their respective powers, the European Parliament and the Council will also seek to achieve this objective. 4. If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 36, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them. 5. Moreover, without prejudice to paragraph 4, if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of the environment or the working environment on grounds of a problem specific to that Member State arising after the adoption of the harmonisation measure, it shall notify the Commission of the envisaged provisions as well as the grounds for introducing them. 6. The Commission shall, within six months of the notifications as referred to in paragraphs 4 and 5, approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market. In the absence of a decision by the Commission within this period the national provisions referred to in paragraphs 4 and 5 shall be deemed to have been approved. When justified by the complexity of the matter and in the absence of danger for human health, the Commission may notify the Member State concerned that the period referred to in this paragraph may be extended for a further period of up to six months. 7. When, pursuant to paragraph 6, a Member State is authorised to maintain or introduce national provisions derogating from a harmonisation measure, the Commission shall immediately examine whether to propose an adaptation to that measure. 8. When a Member State raises a specific problem on public health in a field which has been the subject of prior harmonisation measures, it shall bring it to the attention of the Commission which shall immediately examine whether to propose appropriate measures to the Council. 9. By way of derogation from the procedure laid down in Articles 169 and 170, the Commission and any Member State may bring the matter directly before the Court of Justice if it considers that another Member State is making improper use of the powers provided for in this Article. 10. The harmonisation measures referred to above shall, in appropriate cases, include a safeguard clause authorising the Member States to take, for one or more of the non-economic reasons referred to in Article 36, provisional measures subject to a Community control procedure.' 18. Articles 100c and 100d shall be repealed. 19. The following Title shall be inserted after Title VI: `Title VIa EMPLOYMENT Article 109n Member States and the Community shall, in accordance with this Title, work towards developing a coordinated strategy for employment and particularly for promoting a skilled, trained and adaptable workforce and labour markets responsive to economic change with a view to achieving the objectives defined in Article B of the Treaty on European Union and in Article 2 of this Treaty. Article 109o 1. Member States, through their employment policies, shall contribute to the achievement of the objectives referred to in Article 109n in a way consistent with the broad guidelines of the economic policies of the Member States and of the Community adopted pursuant to Article 103(2). 2. Member States, having regard to national practices related to the responsibilities of management and labour, shall regard promoting employment as a matter of common concern and shall coordinate their action in this respect within the Council, in accordance with the provisions of Article 109q. Article 109p 1. The Community shall contribute to a high level of employment by encouraging cooperation between Member States and by supporting and, if necessary, complementing their action. In doing so, the competences of the Member States shall be respected. 2. The objective of a high level of employment shall be taken into consideration in the formulation and implementation of Community policies and activities. Article 109q 1. The European Council shall each year consider the employment situation in the Community and adopt conclusions thereon, on the basis of a joint annual report by the Council and the Commission. 2. On the basis of the conclusions of the European Council, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee, the Committee of the Regions and the Employment Committee referred to in Article 109s, shall each year draw up guidelines which the Member States shall take into account in their employment policies. These guidelines shall be consistent with the broad guidelines adopted pursuant to Article 103(2). 3. Each Member State shall provide the Council and the Commission with an annual report on the principal measures taken to implement its employment policy in the light of the guidelines for employment as referred to in paragraph 2. 4. The Council, on the basis of the reports referred to in paragraph 3 and having received the views of the Employment Committee, shall each year carry out an examination of the implementation of the employment policies of the Member States in the light of the guidelines for employment. The Council, acting by a qualified majority on a recommendation from the Commission, may, if it considers it appropriate in the light of that examination, make recommendations to Member States. 5. On the basis of the results of that examination, the Council and the Commission shall make a joint annual report to the European Council on the employment situation in the Community and on the implementation of the guidelines for employment. Article 109r The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions, may adopt incentive measures designed to encourage cooperation between Member States and to support their action in the field of employment through initiatives aimed at developing exchanges of information and best practices, providing comparative analysis and advice as well as promoting innovative approaches and evaluating experiences, in particular by recourse to pilot projects. Those measures shall not include harmonisation of the laws and regulations of the Member States. Article 109s The Council, after consulting the European Parliament, shall establish an Employment Committee with advisory status to promote coordination between Member States on employment and labour market policies. The tasks of the Committee shall be: - to monitor the employment situation and employment policies in the Member States and the Community; - without prejudice to Article 151, to formulate opinions at the request of either the Council or the Commission or on its own initiative, and to contribute to the preparation of the Council proceedings referred to in Article 109q. In fulfilling its mandate, the Committee shall consult management and labour. Each Member State and the Commission shall appoint two members of the Committee.' 20. In Article 113, the following paragraph shall be added: `5. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may extend the application of paragraphs 1 to 4 to international negotiations and agreements on services and intellectual property insofar as they are not covered by these paragraphs.' 21. The following Title shall be inserted after Title VII: `Title VIIa CUSTOMS COOPERATION Article 116 Within the scope of application of this Treaty, the Council, acting in accordance with the procedure referred to in Article 189b, shall take measures in order to strengthen customs cooperation between Member States and between the latter and the Commission. These measures shall not concern the application of national criminal law or the national administration of justice.' 22. Articles 117 to 120 shall be replaced by the following Articles: `Article 117 The Community and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion. To this end the Community and the Member States shall implement measures which take account of the diverse forms of national practices, in particular in the field of contractual relations, and the need to maintain the competitiveness of the Community economy. They believe that such a development will ensue not only from the functioning of the common market, which will favour the harmonisation of social systems, but also from the procedures provided for in this Treaty and from the approximation of provisions laid down by law, regulation or administrative action. Article 118 1. With a view to achieving the objectives of Article 117, the Community shall support and complement the activities of the Member States in the following fields: - improvement in particular of the working environment to protect workers' health and safety; - working conditions; - the information and consultation of workers; - the integration of persons excluded from the labour market, without prejudice to Article 127; - equality between men and women with regard to labour market opportunities and treatment at work. 2. To this end, the Council may adopt, by means of directives, minimum requirements for gradual implementation, having regard to the conditions and technical rules obtaining in each of the Member States. Such directives shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. The Council shall act in accordance with the procedure referred to in Article 189b after consulting the Economic and Social Committee and the Committee of the Regions. The Council, acting in accordance with the same procedure, may adopt measures designed to encourage cooperation between Member States through initiatives aimed at improving knowledge, developing exchanges of information and best practices, promoting innovative approaches and evaluating experiences in order to combat social exclusion. 3. However, the Council shall act unanimously on a proposal from the Commission, after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions in the following areas: - social security and social protection of workers; - protection of workers where their employment contract is terminated; - representation and collective defence of the interests of workers and employers, including co-determination, subject to paragraph 6; - conditions of employment for third-country nationals legally residing in Community territory; - financial contributions for promotion of employment and job-creation, without prejudice to the provisions relating to the Social Fund. 4. A Member State may entrust management and labour, at their joint request, with the implementation of directives adopted pursuant to paragraphs 2 and 3. In this case, it shall ensure that, no later than the date on which a directive must be transposed in accordance with Article 189, management and labour have introduced the necessary measures by agreement, the Member State concerned being required to take any necessary measure enabling it at any time to be in a position to guarantee the results imposed by that directive. 5. The provisions adopted pursuant to this Article shall not prevent any Member State from maintaining or introducing more stringent protective measures compatible with this Treaty. 6. The provisions of this Article shall not apply to pay, the right of association, the right to strike or the right to impose lock-outs. Article 118a 1. The Commission shall have the task of promoting the consultation of management and labour at Community level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties. 2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Community action. 3. If, after such consultation, the Commission considers Community action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommendation. 4. On the occasion of such consultation, management and labour may inform the Commission of their wish to initiate the process provided for in Article 118b. The duration of the procedure shall not exceed nine months, unless the management and labour concerned and the Commission decide jointly to extend it. Article 118b 1. Should management and labour so desire, the dialogue between them at Community level may lead to contractual relations, including agreements. 2. Agreements concluded at Community level shall be implemented either in accordance with the procedures and practices specific to management and labour and the Member States or, in matters covered by Article 118, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission. The Council shall act by qualified majority, except where the agreement in question contains one or more provisions relating to one of the areas referred to in Article 118(3), in which case it shall act unanimously. Article 118c With a view to achieving the objectives of Article 117 and without prejudice to the other provisions of this Treaty, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this chapter, particularly in matters relating to: - employment; - labour law and working conditions; - basic and advanced vocational training; - social security; - prevention of occupational accidents and diseases; - occupational hygiene; - the right of association and collective bargaining between employers and workers. To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations. Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee. Article 119 1. Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied. 2. For the purpose of this Article, "pay" means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his employment, from his employer. Equal pay without discrimination based on sex means: (a) that pay for the same work at piece rates shall be calculated on the basis of the same unit of measurement; (b) that pay for work at time rates shall be the same for the same job. 3. The Council, acting in accordance with the procedure referred to in Article 189b, and after consulting the Economic and Social Committee, shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value. 4. With a view to ensuring full equality in practice between men and women in working life, the principle of equal treatment shall not prevent any Member State from maintaining or adopting measures providing for specific advantages in order to make it easier for the under-represented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers. Article 119a Member States shall endeavour to maintain the existing equivalence between paid holiday schemes. Article 120 The Commission shall draw up a report each year on progress in achieving the objectives of Article 117, including the demographic situation in the Community. It shall forward the report to the European Parliament, the Council and the Economic and Social Committee. The European Parliament may invite the Commission to draw up reports on particular problems concerning the social situation.' 23. Article 125 shall be replaced by the following: `Article 125 The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt implementing decisions relating to the European Social Fund.' 24. Article 127(4) shall be replaced by the following: `4. The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt measures to contribute to the achievement of the objectives referred to in this Article, excluding any harmonisation of the laws and regulations of the Member States.' 25. Article 128(4) shall be replaced by the following: `4. The Community shall take cultural aspects into account in its action under other provisions of this Treaty, in particular in order to respect and to promote the diversity of its cultures.' 26. Article 129 shall be replaced by the following: `Article 129 1. A high level of human health protection shall be ensured in the definition and implementation of all Community policies and activities. Community action, which shall complement national policies, shall be directed towards improving public health, preventing human illness and diseases, and obviating sources of danger to human health. Such action shall cover the fight against the major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health information and education. The Community shall complement the Member States' action in reducing drugs-related health damage, including information and prevention. 2. The Community shall encourage cooperation between the Member States in the areas referred to in this Article and, if necessary, lend support to their action. Member States shall, in liaison with the Commission, coordinate among themselves their policies and programmes in the areas referred to in paragraph 1. The Commission may, in close contact with the Member States, take any useful initiative to promote such coordination. 3. The Community and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of public health. 4. The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions, shall contribute to the achievement of the objectives referred to in this Article through adopting: (a) measures setting high standards of quality and safety of organs and substances of human origin, blood and blood derivatives; these measures shall not prevent any Member State from maintaining or introducing more stringent protective measures; (b) by way of derogation from Article 43, measures in the veterinary and phytosanitary fields which have as their direct objective the protection of public health; (c) incentive measures designed to protect and improve human health, excluding any harmonisation of the laws and regulations of the Member States. The Council, acting by a qualified majority on a proposal from the Commission, may also adopt recommendations for the purposes set out in this Article. 5. Community action in the field of public health shall fully respect the responsibilities of the Member States for the organisation and delivery of health services and medical care. In particular, measures referred to in paragraph 4(a) shall not affect national provisions on the donation or medical use of organs and blood.' 27. Article 129a shall be replaced by the following: `Article 129a 1. In order to promote the interests of consumers and to ensure a high level of consumer protection, the Community shall contribute to protecting the health, safety and economic interests of consumers, as well as to promoting their right to information, education and to organise themselves in order to safeguard their interests. 2. Consumer protection requirements shall be taken into account in defining and implementing other Community policies and activities. 3. The Community shall contribute to the attainment of the objectives referred to in paragraph 1 through: (a) measures adopted pursuant to Article 100a in the context of the completion of the internal market; (b) measures which support, supplement and monitor the policy pursued by the Member States. 4. The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee, shall adopt the measures referred to in paragraph 3(b). 5. Measures adopted pursuant to paragraph 4 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with this Treaty. The Commission shall be notified of them.' 28. In the first subparagraph of Article 129c(1), the first part of the third indent shall be replaced by the following: `- may support projects of common interest supported by Member States, which are identified in the framework of the guidelines referred to in the first indent, particularly through feasibility studies, loan guarantees or interest-rate subsidies;'. 29. Article 129d shall be amended as follows: (a) the first paragraph shall be replaced by the following: `The guidelines and other measures referred to in Article 129c(1) shall be adopted by the Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions.'; (b) the third paragraph shall be deleted. 30. In Article 130a, the second paragraph shall be replaced by the following: `In particular, the Community shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, including rural areas.' 31. In Article 130e, the first paragraph shall be replaced by the following: `Implementing decisions relating to the European Regional Development Fund shall be taken by the Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions.' 32. In Article 130i(1), the first subparagraph shall be replaced by the following: `1. A multi-annual framework programme, setting out all the activities of the Community, shall be adopted by the Council, acting in accordance with the procedure referred to in Article 189b after consulting the Economic and Social Committee.' 33. Article 130o shall be replaced by the following: `Article 130o The Council, acting by qualified majority on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall adopt the provisions referred to in Article 130n. The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee, shall adopt the provisions referred to in Articles 130j, 130k and 130l. Adoption of the supplementary programmes shall require the agreement of the Member States concerned.' 34. Article 130r(2) shall be replaced by the following: `2. Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a Community inspection procedure.' 35. Article 130s shall be amended as follows: (a) Paragraph 1 shall be replaced by the following: `1. The Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Community in order to achieve the objectives referred to in Article 130r.'; (b) The introductory part of paragraph 2 shall be replaced by the following: `2. By way of derogation from the decision making procedure provided for in paragraph 1 and without prejudice to Article 100a, 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, shall adopt:'; (c) The first subparagraph of paragraph 3 shall be replaced by the following: `3. In other areas, general action programmes setting out priority objectives to be attained shall be adopted by the Council, acting in accordance with the procedure referred to in Article 189b and after consulting the Economic and Social Committee and the Committee of the Regions.' 36. Article 130w(1) shall be replaced by the following: `1. Without prejudice to the other provisions of this Treaty, the Council, acting in accordance with the procedure referred to in Article 189b, shall adopt the measures necessary to further the objectives referred to in Article 130u. Such measures may take the form of multi-annual programmes.' 37. In Article 137, the following paragraph shall be added: `The number of Members of the European Parliament shall not exceed seven hundred.' 38. Article 138 shall be amended as follows: (a) in paragraph 3, the first subparagraph shall be replaced by the following: `3. The European Parliament shall draw up a proposal for elections by direct universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to all Member States.'; (b) the following paragraph shall be added: `4. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting unanimously, lay down the regulations and general conditions governing the performance of the duties of its Members.' 39. Article 151 shall be replaced by the following: `Article 151 1. A committee consisting of the Permanent Representatives 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 Council. 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, High Representative for the common foreign and security policy, who shall be assisted by a Deputy Secretary-General responsible for the running of the General Secretariat. The Secretary-General and the Deputy Secretary-General shall be appointed by the Council acting unanimously. The Council shall decide on the organisation of the General Secretariat. 3. The Council shall adopt its Rules of Procedure. For the purpose of applying Article 191a(3), the Council shall elaborate in these Rules the conditions under which the public shall have access to Council documents. For the purpose of this paragraph, the Council shall define the cases in which it is to be regarded as acting in its legislative capacity, with a view to allowing greater access to documents in those cases, while at the same time preserving the effectiveness of its decision making process. In any event, when the Council acts in its legislative capacity, the results of votes and explanations of vote as well as statements in the minutes shall be made public.' 40. In Article 158(2), the first and second subparagraphs shall be replaced by the following: `2. The governments of the Member States shall nominate by common accord the person they intend to appoint as President of the Commission; the nomination shall be approved by the European Parliament. The governments of the Member States shall, by common accord with the nominee for President, nominate the other persons whom they intend to appoint as Members of the Commission.' 41. In Article 163, the following paragraph shall be inserted as the first paragraph: `The Commission shall work under the political guidance of its President.' 42. In Article 173, the third paragraph shall be replaced by the following: `The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament, by the Court of Auditors and by the ECB for the purpose of protecting their prerogatives.' 43. Article 188c shall be amended as follows: (a) The second subparagraph of paragraph 1 shall be replaced by the following: `The Court of Auditors shall provide the European Parliament and the Council with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions which shall be published in the Official Journal of the European Communities.'; (b) The first subparagraph of paragraph 2 shall be replaced by the following: `2. The Court of Auditors shall examine whether all revenue has been received and all expenditure incurred in a lawful and regular manner and whether the financial management has been sound. In doing so, it shall report in particular on any cases of irregularity.'; (c) Paragraph 3 shall be replaced by the following: `3. The audit shall be based on records and, if necessary, performed on the spot in the other institutions of the Community, on the premises of any body which manages revenue or expenditure on behalf of the Community and in the Member States, including on the premises of any natural or legal person in receipt of payments from the budget. In the Member States the audit shall be carried out in liaison with national audit bodies or, if these do not have the necessary powers, with the competent national departments. The Court of Auditors and the national audit bodies of the Member States shall cooperate in a spirit of trust while maintaining their independence. These bodies or departments shall inform the Court of Auditors whether they intend to take part in the audit. The other institutions of the Community, any bodies managing revenue or expenditure on behalf of the Community, any natural or legal person in receipt of payments from the budget, and the national audit bodies or, if these do not have the necessary powers, the competent national departments, shall forward to the Court of Auditors, at its request, any document or information necessary to carry out its task. In respect of the European Investment Bank's activity in managing Community expenditure and revenue, the Court's rights of access to information held by the Bank shall be governed by an agreement between the Court, the Bank and the Commission. In the absence of an agreement, the Court shall nevertheless have access to information necessary for the audit of Community expenditure and revenue managed by the Bank.' 44. Article 189b shall be replaced by the following: `Article 189b 1. Where reference is made in this Treaty to this Article for the adoption of an act, the following procedure shall apply. 2. The Commission shall submit a proposal to the European Parliament and the Council. The Council, acting by a qualified majority after obtaining the opinion of the European Parliament, - if it approves all the amendments contained in the European Parliament's opinion, may adopt the proposed act thus amended; - if the European Parliament does not propose any amendments, may adopt the proposed act; - shall otherwise adopt a common position and communicate it to the European Parliament. The Council shall inform the European Parliament fully of the reasons which led it to adopt its common position. The Commission shall inform the European Parliament fully of its position. If, within three months of such communication, the European Parliament: (a) approves the common position or has not taken a decision, the act in question shall be deemed to have been adopted in accordance with that common position; (b) rejects, by an absolute majority of its component members, the common position, the proposed act shall be deemed not to have been adopted; (c) proposes amendments to the common position by an absolute majority of its component members, the amended text shall be forwarded to the Council and to the Commission, which shall deliver an opinion on those amendments. 3. If, within three months of the matter being referred to it, the Council, acting by a qualified majority, approves all the amendments of the European Parliament, the act in question shall be deemed to have been adopted in the form of the common position thus amended; however, the Council shall act unanimously on the amendments on which the Commission has delivered a negative opinion. If the Council 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. 4. The Conciliation Committee, which shall be composed of the members of the Council or their representatives and an equal number of representatives of 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. 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. In fulfilling this task, the Conciliation Committee shall address the common position on the basis of the amendments proposed by the European Parliament. 5. If, within six weeks of its being convened, the Conciliation Committee approves a joint text, the European Parliament, acting by an absolute 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 either of the two institutions fails to approve the proposed act within that period, it shall be deemed not to have been adopted. 6. Where the Conciliation Committee does not approve a joint text, the proposed act shall be deemed not to have been adopted. 7. 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.' 45. The following Article shall be inserted: `Article 191a 1. Any citizen of the Union, and any natural or legal person residing or having their registered office in a Member State, shall have a right of access to European Parliament, Council and Commission documents, subject to the principles and the conditions to be defined in accordance with paragraphs 2 and 3. 2. General principles and limits on grounds of public or private interest governing this right of access to documents shall be determined by the Council, acting in accordance with the procedure referred to in Article 189b within two years of the entry into force of the Treaty of Amsterdam. 3. Each institution referred to above shall elaborate in its own Rules of Procedure specific provisions regarding access to its documents.' 46. In Article 198, the following paragraph shall be added: `The Committee may be consulted by the European Parliament.' 47. In Article 198a, the third paragraph shall be replaced by the following: `The members of the Committee and an equal number of alternate members shall be appointed for four years by the Council acting unanimously on proposals from the respective Member States. Their term of office shall be renewable. No member of the Committee shall at the same time be a Member of the European Parliament.' 48. In Article 198b the second paragraph shall be replaced by the following: `It shall adopt its Rules of Procedure.' 49. Article 198c shall be amended as follows: (a) the first paragraph shall be replaced by the following: `The Committee of the Regions shall be consulted by the Council or by the Commission where this Treaty so provides and in all other cases, in particular those which concern cross-border cooperation, in which one of these two institutions considers it appropriate.'; (b) after the third paragraph, the following paragraph shall be inserted: `The Committee of the Regions may be consulted by the European Parliament.' 50. In Article 205, the first paragraph shall be replaced by the following: `The Commission shall implement the budget, in accordance with the provisions of the regulations made pursuant to Article 209, on its own responsibility and within the limits of the appropriations, having regard to the principles of sound financial management. Member States shall cooperate with the Commission to ensure that the appropriations are used in accordance with the principles of sound financial management.' 51. Article 206(1) shall be replaced by the following: `1. The European Parliament, acting on a recommendation from the Council which shall act by a qualified majority, shall give a discharge to the Commission in respect of the implementation of the budget. To this end, the Council and the European Parliament in turn shall examine the accounts and the financial statement referred to in Article 205a, the annual report by the Court of Auditors together with the replies of the institutions under audit to the observations of the Court of Auditors, the statement of assurance referred to in Article 188c(1), second subparagraph and any relevant special reports by the Court of Auditors.' 52. Article 209a shall be replaced by the following: `Article 209a 1. The Community and the Member States shall counter fraud and any other illegal activities affecting the financial interests of the Community through measures to be taken in accordance with this Article, which shall act as a deterrent and be such as to afford effective protection in the Member States. 2. Member States shall take the same measures to counter fraud affecting the financial interests of the Community as they take to counter fraud affecting their own financial interests. 3. Without prejudice to other provisions of this Treaty, the Member States shall coordinate their action aimed at protecting the financial interests of the Community against fraud. To this end they shall organise, together with the Commission, close and regular cooperation between the competent authorities. 4. The Council, acting in accordance with the procedure referred to in Article 189b, after consulting the Court of Auditors, shall adopt the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Community with a view to affording effective and equivalent protection in the Member States. These measures shall not concern the application of national criminal law or the national administration of justice. 5. The Commission, in cooperation with Member States, shall each year submit to the European Parliament and to the Council a report on the measures taken for the implementation of this Article.' 53. The following Article shall be inserted: `Article 213a 1. Without prejudice to Article 5 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, the Council, acting in accordance with the procedure referred to in Article 189b, shall adopt measures for the production of statistics where necessary for the performance of the activities of the Community. 2. The production of Community statistics shall conform to impartiality, reliability, objectivity, scientific independence, cost-effectiveness and statistical confidentiality; it shall not entail excessive burdens on economic operators.' 54. The following Article shall be inserted: `Article 213b 1. From 1 January 1999, Community acts on the protection of individuals with regard to the processing of personal data and the free movement of such data shall apply to the institutions and bodies set up by, or on the basis of, this Treaty. 2. Before the date referred to in paragraph 1, the Council, acting in accordance with the procedure referred to in Article 189b, shall establish an independent supervisory body responsible for monitoring the application of such Community acts to Community institutions and bodies and shall adopt any other relevant provisions as appropriate.' 55. Article 227(2) shall be replaced by the following: `2. The provisions of this Treaty shall apply to the French overseas departments, the Azores, Madeira and the Canary Islands. However, taking account of the structural social and economic situation of the French overseas departments, the Azores, Madeira and the Canary Islands, which is compounded by their remoteness, insularity, small size, difficult topography and climate, economic dependence on a few products, the permanence and combination of which severely restrain their development, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt specific measures aimed, in particular, at laying down the conditions of application of the present Treaty to those regions, including common policies. The Council shall, when adopting the relevant measures referred to in the second subparagraph, take into account areas such as customs and trade policies, fiscal policy, free zones, agriculture and fisheries policies, conditions for supply of raw materials and essential consumer goods, State aids and conditions of access to structural funds and to horizontal Community programmes. The Council shall adopt the measures referred to in the second subparagraph taking into account the special characteristics and constraints of the outermost regions without undermining the integrity and the coherence of the Community legal order, including the internal market and common policies.' 56. Article 228 shall be amended as follows: (a) the second subparagraph of paragraph 1 shall be replaced by the following: `In exercising the powers conferred upon it by this paragraph, the Council shall act by a qualified majority, except in the cases where the first subparagraph of paragraph 2 provides that the Council shall act unanimously.'; (b) paragraph 2 shall be replaced by the following: `2. Subject to the powers vested in the Commission in this field, the signing, which may be accompanied by a decision on provisional application before entry into force, and the conclusion of the agreements shall be decided on by the Council, acting by a qualified majority on a proposal from the Commission. The Council shall act unanimously when the agreement covers a field for which unanimity is required for the adoption of internal rules and for the agreements referred to in Article 238. By way of derogation from the rules laid down in paragraph 3, the same procedures shall apply for a decision to suspend the application of an agreement, and for the purpose of establishing the positions to be adopted on behalf of the Community in a body set up by an agreement based on Article 238, when that body is called upon to adopt decisions having legal effects, with the exception of decisions supplementing or amending the institutional framework of the agreement. The European Parliament shall be immediately and fully informed on any decision under this paragraph concerning the provisional application or the suspension of agreements, or the establishment of the Community position in a body set up by an agreement based on Article 238.' 57. The following Article shall be inserted: `Article 236 1. Where a decision has been taken to suspend the voting rights of the representative of the government of a Member State in accordance with Article F.1(2) of the Treaty on European Union, these voting rights shall also be suspended with regard to this Treaty. 2. Moreover, where the existence of a serious and persistent breach by a Member State of principles mentioned in Article F(1) of the Treaty on European Union has been determined in accordance with Article F.1(1) of that Treaty, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of this Treaty to the Member State in question. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons. The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State. 3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken in accordance with paragraph 2 in response to changes in the situation which led to their being imposed. 4. When taking decisions referred to in paragraphs 2 and 3, the Council shall act without taking into account the votes of the representative of the government of the Member State in question. By way of derogation from Article 148(2) a qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in Article 148(2). This paragraph shall also apply in the event of voting rights being suspended in accordance with paragraph 1. In such cases, a decision requiring unanimity shall be taken without the vote of the representative of the government of the Member State in question.' 58. The Protocol on Social Policy and the Agreement on social policy attached thereto shall be repealed. 59. The Protocol on the Economic and Social Committee and the Committee of the Regions shall be repealed. Article 3 The Treaty establishing the European Coal and Steel Community shall be amended in accordance with the provisions of this Article. 1. In Article 10(2) the first and second subparagraphs shall be replaced by the following: `2. The governments of the Member States shall nominate by common accord the person they intend to appoint as President of the Commission; the nomination shall be approved by the European Parliament. The governments of the Member States shall, by common accord with the nominee for President, nominate the other persons whom they intend to appoint as Members of the Commission.' 2. In Article 13, the following paragraph shall be inserted as the first paragraph: `The Commission shall work under the political guidance of its President.' 3. In Article 20, the following paragraph shall be added: `The number of Members of the European Parliament shall not exceed seven hundred.' 4. Article 21 shall be amended as follows: (a) in paragraph 3, the first subparagraph shall be replaced by the following: `3. The European Parliament shall draw up a proposal for elections by direct universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to all Member States.'; (b) the following paragraph shall be added: `4. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting unanimously, lay down the regulations and general conditions governing the performance of the duties of its Members.' 5. Article 30 shall be replaced by the following: `Article 30 1. A committee consisting of the Permanent Representatives 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 Council. 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, High Representative for the common foreign and security policy, who shall be assisted by a Deputy Secretary-General responsible for the running of the General Secretariat. The Secretary-General and the Deputy Secretary-General shall be appointed by the Council acting unanimously. The Council shall decide on the organisation of the General Secretariat. 3. The Council shall adopt its Rules of Procedure.' 6. In Article 33, the fourth paragraph shall be replaced by the following: `The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament and by the Court of Auditors for the purpose of protecting their prerogatives.' 7. Article 45c shall be amended as follows: (a) The second subparagraph of paragraph 1 shall be replaced by the following: `The Court of Auditors shall provide the European Parliament and the Council with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions which shall be published in the Official Journal of the European Communities.'; (b) The first subparagraph of paragraph 2 shall be replaced by the following: `2. The Court of Auditors shall examine whether all revenue has been received and all expenditure incurred in a lawful and regular manner and whether the financial management has been sound. In doing so, it shall report in particular on any cases of irregularity.'; (c) Paragraph 3 shall be replaced by the following: `3. The audit shall be based on records and, if necessary, performed on the spot in the other institutions of the Community, on the premises of any body which manages revenue or expenditure on behalf of the Community and in the Member States, including on the premises of any natural or legal person in receipt of payments from the budget. In the Member States the audit shall be carried out in liaison with national audit bodies or, if these do not have the necessary powers, with the competent national departments. The Court of Auditors and the national audit bodies of the Member States shall cooperate in a spirit of trust while maintaining their independence. These bodies or departments shall inform the Court of Auditors whether they intend to take part in the audit. The other institutions of the Community, any bodies managing revenue or expenditure on behalf of the Community, any natural or legal person in receipt of payments from the budget, and the national audit bodies or, if these do not have the necessary powers, the competent national departments, shall forward to the Court of Auditors, at its request, any document or information necessary to carry out its task. In respect of the European Investment Bank's activity in managing Community expenditure and revenue, the Court's rights of access to information held by the Bank shall be governed by an agreement between the Court, the Bank and the Commission. In the absence of an agreement, the Court shall nevertheless have access to information necessary for the audit of Community expenditure and revenue managed by the Bank.' 8. In Article 78c, the first paragraph shall be replaced by the following: `The Commission shall implement the budget, in accordance with the provisions of the regulations made pursuant to Article 78h, on its own responsibility and within the limits of the appropriations, having regard to the principles of sound financial management. Member States shall cooperate with the Commission to ensure that the appropriations are used in accordance with the principles of sound financial management.' 9. Article 78g(1) shall be replaced by the following: `1. The European Parliament, acting on a recommendation from the Council which shall act by a qualified majority, shall give a discharge to the Commission in respect of the implementation of the budget. To this end, the Council and the European Parliament in turn shall examine the accounts and the financial statement referred to in Article 78d, the annual report by the Court of Auditors together with the replies of the institutions under audit to the observations of the Court of Auditors, the statement of assurance referred to in Article 45c(1), second subparagraph, and any relevant special reports by the Court of Auditors.' 10. The following Article shall be inserted: `Article 96 1. Where a decision has been taken to suspend the voting rights of the representative of the government of a Member State in accordance with Article F.1(2) of the Treaty on European Union, these voting rights shall also be suspended with regard to this Treaty. 2. Moreover, where the existence of a serious and persistent breach by a Member State of principles mentioned in Article F(1) of the Treaty on European Union has been determined in accordance with Article F.1(1) of that Treaty, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of this Treaty to the Member State in question. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons. The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State. 3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken in accordance with paragraph 2 in response to changes in the situation which led to their being imposed. 4. When taking decisions referred to in paragraphs 2 and 3, the Council shall act without taking into account the votes of the representative of the government of the Member State in question. By way of derogation from Article 28, fourth paragraph, a qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in Article 28, fourth paragraph. This paragraph shall also apply in the event of voting rights being suspended in accordance with paragraph 1. In such cases, a decision requiring unanimity shall be taken without the vote of the representative of the government of the Member State in question.' Article 4 The Treaty establishing the European Atomic Energy Community shall be amended in accordance with the provisions of this Article. 1. In Article 107, the following paragraph shall be added: `The number of Members of the European Parliament shall not exceed seven hundred.' 2. Article 108 shall be amended as follows: (a) in paragraph 3, the first subparagraph shall be replaced by the following: `3. The European Parliament shall draw up a proposal for elections by direct universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to all Member States.'; (b) the following paragraph shall be added: `4. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting unanimously, lay down the regulations and general conditions governing the performance of the duties of its Members.' 3. Article 121 shall be replaced by the following: `Article 121 1. A committee consisting of the Permanent Representatives 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 Council. 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, High Representative for the common foreign and security policy, who shall be assisted by a Deputy Secretary-General responsible for the running of the General Secretariat. The Secretary-General and the Deputy Secretary-General shall be appointed by the Council acting unanimously. The Council shall decide on the organisation of the General Secretariat. 3. The Council shall adopt its Rules of Procedure.' 4. In Article 127, the first and second subparagraphs of paragraph 2 shall be replaced by the following: `2. The governments of the Member States shall nominate by common accord the person they intend to appoint as President of the Commission; the nomination shall be approved by the European Parliament. The governments of the Member States shall, by common accord with the nominee for President, nominate the other persons whom they intend to appoint as Members of the Commission.' 5. In Article 132, the following paragraph shall be inserted as the first paragraph: `The Commission shall work under the political guidance of its President.' 6. In Article 146, the third paragraph shall be replaced by the following: `The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament and by the Court of Auditors for the purpose of protecting their prerogatives,' 7. Article 160c shall be amended as follows: (a) the second subparagraph of paragraph 1 shall be replaced by the following: `The Court of Auditors shall provide the European Parliament and the Council with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions which shall be published in the Official Journal of the European Communities.'; (b) the first subparagraph of paragraph 2 shall be replaced by the following: `2. The Court of Auditors shall examine whether all revenue has been received and all expenditure incurred in a lawful and regular manner and whether the financial management has been sound. In doing so, it shall report in particular on any cases of irregularity.'; (c) paragraph 3 shall be replaced by the following: `3. The audit shall be based on records and, if necessary, performed on the spot in the other institutions of the Community, on the premises of any body which manages revenue or expenditure on behalf of the Community and in the Member States, including on the premises of any natural or legal person in receipt of payments from the budget. In the Member States the audit shall be carried out in liaison with national audit bodies or, if these do not have the necessary powers, with the competent national departments. The Court of Auditors and the national audit bodies of the Member States shall cooperate in a spirit of trust while maintaining their independence. These bodies or departments shall inform the Court of Auditors whether they intend to take part in the audit. The other institutions of the Community, any bodies managing revenue or expenditure on behalf of the Community, any natural or legal person in receipt of payments from the budget, and the national audit bodies or, if these do not have the necessary powers, the competent national departments, shall forward to the Court of Auditors, at its request, any document or information necessary to carry out its task. In respect of the European Investment Bank's activity in managing Community expenditure and revenue, the Court's rights of access to information held by the Bank shall be governed by an agreement between the Court, the Bank and the Commission. In the absence of an agreement, the Court shall nevertheless have access to information necessary for the audit of Community expenditure and revenue managed by the Bank.' 8. In Article 170, the following paragraph shall be added: `The Committee may be consulted by the European Parliament.' 9. In Article 179, the first paragraph shall be replaced by the following: `The Commission shall implement the budget, in accordance with the provisions of the regulations made pursuant to Article 183, on its own responsibility and within the limits of the appropriations, having regard to the principles of sound financial management. Member States shall cooperate with the Commission to ensure that the appropriations are used in accordance with the principles of sound financial management.' 10. Article 180b(1) shall be replaced by the following: `1. The European Parliament, acting on a recommendation from the Council which shall act by a qualified majority, shall give a discharge to the Commission in respect of the implementation of the budget. To this end, the Council and the European Parliament in turn shall examine the accounts and the financial statement referred to in Article 179a, the annual report by the Court of Auditors together with the replies of the institutions under audit to the observations of the Court of Auditors, the statement of assurance referred to in Article 160c(1), second subparagraph, and any relevant special reports by the Court of Auditors.' 11. The following Article shall be inserted: `Article 204 1. Where a decision has been taken to suspend the voting rights of the representative of the government of a Member State in accordance with Article F.1(2) of the Treaty on European Union, these voting rights shall also be suspended with regard to this Treaty. 2. Moreover, where the existence of a serious and persistent breach by a Member State of principles mentioned in Article F(1) of the Treaty on European Union has been determined in accordance with Article F.1(1) of that Treaty, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of this Treaty to the Member State in question. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons. The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State. 3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken in accordance with paragraph 2 in response to changes in the situation which led to their being imposed. 4. When taking decisions referred to in paragraphs 2 and 3, the Council shall act without taking into account the votes of the representative of the government of the Member State in question. By way of derogation from Article 118(2) a qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in Article 118(2). This paragraph shall also apply in the event of voting rights being suspended in accordance with paragraph 1. In such cases, a decision requiring unanimity shall be taken without the vote of the representative of the government of the Member State in question.' Article 5 The Act concerning the election of the representatives of the European Parliament by direct universal suffrage annexed to the Council Decision of 20 September 1976 shall be amended in accordance with the provisions of this Article. 1. In Article 2, the following paragraph shall be added: `In the event of amendments to this Article, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States brought together in the Community.'. 2. In Article 6(1), the following indent shall be inserted after the fifth indent: `- member of the Committee of the Regions,'. 3. Article 7(2) shall be replaced by the following: `2. Pending the entry into force of a uniform electoral procedure or a procedure based on common principles and subject to the other provisions of this Act, the electoral procedure shall be governed in each Member State by its national provisions.' 4. Article 11 shall be replaced by the following: `Pending the entry into force of the uniform electoral procedure or the procedure based on common principles referred to in Article 7, the European Parliament shall verify the credentials of representatives. For this purpose it shall take note of the results declared officially by the Member States and shall rule on any disputes which may arise out of the provisions of this Act other than those arising out of the national provisions to which the Act refers.' 5. Article 12(1) shall be replaced by the following: `1. Pending the entry into force of the uniform electoral procedure or the procedure based on common principles referred to in Article 7 and subject to the other provisions of this Act, each Member State shall lay down appropriate procedures for filling any seat which falls vacant during the five-year term of office referred to in Article 3 for the remainder of that period.' PART TWO SIMPLIFICATION Article 6 The Treaty establishing the European Community, including the annexes and protocols thereto, shall be amended in accordance with the provisions of this Article for the purpose of deleting lapsed provisions of the Treaty and adapting in consequence the text of certain of its provisions. I. TEXT OF THE ARTICLES OF THE TREATY 1. In Article 3, point (a), the word `elimination' shall be replaced by `prohibition'. 2. Article 7 shall be repealed. 3. Article 7a shall be amended as follows: (a) the first and second paragraphs shall be numbered and thus become paragraphs 1 and 2; (b) in the new paragraph 1, the following references shall be deleted: `7b', `70(1)' and `and 100b'; before the citation of Article 100a, the comma shall be replaced by the word `and'; (c) there shall be added a paragraph 3 with the wording of the second paragraph of Article 7b which reads as follows: `3. The Council, acting by a qualified majority on a proposal from the Commission, shall determine the guidelines and conditions necessary to ensure balanced progress in all the sectors concerned.'. 4. Article 7b shall be repealed. 5. Article 8b shall be amended as follows: (a) in paragraph 1 the words `to be adopted before 31 December 1994' shall be replaced by `adopted'; (b) in paragraph 2, first sentence, the reference to `Article 138(3)' shall become `Article 138(4)'; (c) in paragraph 2, second sentence, the words `to be adopted before 31 December 1993' shall be replaced by `adopted'. 6. In Article 8c, second sentence, the words `Before 31 December 1993, Member States . . .' shall be replaced by `Member States . . .'. 7. In Article 8e, first paragraph, the words `before 31 December 1993 and then,' shall be deleted, as well as the comma after the words `every three years'. 8. In Article 9(2), the words `The provisions of Chapter 1, Section 1, and of Chapter 2 . . .' shall be replaced by `The provisions of Article 12 and of Chapter 2 . . .'. 9. In Article 10, paragraph 2 shall be deleted and paragraph 1 shall remain without a number. 10. Article 11 shall be repealed. 11. In Chapter 1, The Customs Union, the heading `Section 1 - Elimination of customs duties between Member States' shall be deleted. 12. Article 12 shall be replaced by the following: `Article 12 Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature.'. 13. Articles 13 to 17 shall be repealed. 14. The heading `Section 2 - Setting up of the Common Customs Tariff' shall be deleted. 15. Articles 18 to 27 shall be repealed. 16. Article 28 shall be replaced by the following: `Article 28 Common Customs Tariff duties shall be fixed by the Council acting by a qualified majority on a proposal from the Commission.'. 17. In the introductory part of Article 29, the words `this Section' shall be replaced by `this Chapter'. 18. In the title of Chapter 2, the word `Elimination' shall be replaced by `Prohibition'. 19. In Article 30, the words `shall, without prejudice to the following provisions, be prohibited . . .' shall be replaced by `shall be prohibited . . .'. 20. Articles 31, 32 and 33 shall be repealed. 21. In Article 34, paragraph 2 shall be deleted and paragraph 1 shall remain without a number. 22. Article 35 shall be repealed. 23. In Article 36, the words `The provisions of Articles 30 to 34' shall be replaced by `The provisions of Articles 30 and 34'. 24. Article 37 shall be amended as follows: (a) in paragraph 1, first subparagraph, the word `progressively' and the words `when the transitional period has ended' shall be deleted; (b) in paragraph 2, the word `abolition' shall be replaced by `prohibition'; (c) paragraphs 3, 5 and 6 shall be deleted and paragraph 4 shall become paragraph 3; (d) in the new paragraph 3, the words `account being taken of the adjustments that will be possible and the specialization that will be needed with the passage of time.' shall be deleted and the comma after `concerned' shall become a full stop. 25. Article 38 shall be amended as follows: (a) in paragraph 3, first sentence, the reference to Annex II shall be replaced by a reference to Annex I and the second sentence, beginning with the words `Within two years of the entry into force . . .' shall be deleted; (b) in paragraph 4, the words `among the Member States.' shall be deleted. 26. Article 40 shall be amended as follows: (a) paragraph 1 shall be deleted and paragraphs 2, 3 and 4 shall become paragraphs 1, 2 and 3; (b) (does not concern the English language version); (c) in new paragraph 2, the reference to `paragraph 2' shall become `paragraph 1'; (d) in new paragraph 3, the reference to `paragraph 2' shall become `paragraph 1'; 27. Article 43 shall be amended as follows: (a) in paragraph 2, third subparagraph, the words `acting unanimously during the first two stages and by a qualified majority thereafter' shall be replaced by `acting by a qualified majority'; (b) in paragraphs 2 and 3, the reference to `Article 40(2)' shall become `Article 40(1)'. 28. Articles 44 and 45 and Article 47 shall be repealed. 29. In Article 48(1), the words `by the end of the transitional period at the latest' shall be deleted. 30. Article 49 shall be amended as follows: (a) in the introductory part, the words `As soon as this Treaty enters into force, the Council . . .' shall be replaced by `The Council . . .' and the words `by progressive stages' together with the commas preceding and following those words shall be deleted; (b) in points (b) and (c) respectively, the words `systematically and progressively' shall be deleted. 31. The first paragraph of Article 52 shall be amended as follows: (a) in the first sentence, the words `abolished by progressive stages in the course of the transitional period' shall be replaced by the word `prohibited'; (b) in the second sentence, the words `progressive abolition' shall be replaced by the word `prohibition'. 32. Article 53 shall be repealed. 33. Article 54 shall be amended as follows: (a) paragraph 1 shall be deleted and paragraphs 2 and 3 shall become paragraphs 1 and 2; (b) in new paragraph 1, the words `implement this general programme or, in the absence of such a programme, in order to achieve a stage in attaining' shall be replaced by `attain'. 34. In Article 59, first paragraph, the words `progressively abolished during the transitional period' shall be replaced by `prohibited'. 35. In Article 61(2), the word `progressive' shall be deleted. 36. Article 62 shall be repealed. 37. Article 63 shall be amended as follows: (a) paragraph 1 shall be deleted and paragraphs 2 and 3 shall become paragraphs 1 and 2; (b) in new paragraph 1, the words `implement this general programme or, in the absence of such a programme, in order to achieve a stage in' shall be replaced by the word `achieve' and the words `unanimously until the end of the first stage and by a qualified majority thereafter' shall be replaced by the words `by a qualified majority'; (c) in new paragraph 2, the words `As regards the proposals and decisions referred to in paragraphs 1 and 2' shall be replaced by `As regards the directives referred to in paragraph 1'. 38. In Article 64, first paragraph, `Article 63(2)' shall be replaced by `Article 63(1)'. 39. Articles 67 to 73a, Article 73e and Article 73h shall be repealed. 40. Article 75(2) shall be deleted and paragraph 3 shall become paragraph 2. 41. In Article 76, the words `when this Treaty enters into force' shall be replaced by `on 1 January 1958 or, for acceding States, the date of their accession'. 42. Article 79 shall be amended as follows: (a) in paragraph 1 the words `at the latest, before the end of the second stage' shall be deleted; (b) in paragraph 3, the words `Within two years of the entry into force of this Treaty, the Council shall' shall be replaced by `The Council shall'. 43. In Article 80(1), the words `as from the beginning of the second stage' shall be deleted. 44. In Article 83, the words `without prejudice to the powers of the transport section of the Economic and Social Committee.' shall be replaced by `without prejudice to the powers of the Economic and Social Committee.'. 45. In Article 84(2), second subparagraph, the words `procedural provisions of Article 75(1) and (3)' shall be replaced by `procedural provisions of Article 75'. 46. In Article 87, the two subparagraphs of paragraph 1 shall be merged into a single paragraph. This new paragraph shall read as follows: `1. The appropriate regulations or directives to give effect to the principles set out in Articles 85 and 86 shall be laid down by the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament.'. 47. In Article 89(1), the words `, as soon as it takes up its duties,' shall be deleted. 48. After Article 90, the heading `Section 2 - Dumping' shall be deleted. 49. Article 91 shall be repealed. 50. Before Article 92, the heading `Section 3' shall be replaced by `Section 2'. 51. In Article 92(3)(c), the second sentence, beginning `However, the aids granted to shipbuilding . . .' and ending `towards third countries;' shall be deleted and the remaining part of point (c) shall end with a semicolon. 52. In Article 95, the third paragraph shall be deleted. 53. Article 97 and Article 100b shall be repealed. 54. In Article 101, second paragraph, the words `acting unanimously during the first stage and by a qualified majority thereafter' shall be replaced by `acting by a qualified majority'. 55. In Article 109e(2)(a), first indent, the following words shall be deleted: `, without prejudice to Article 73e,'. 56. Article 109f shall be amended as follows: (a) in paragraph 1, second subparagraph, the words `on a recommendation from, as the case may be, the Committee of Governors of the central banks of the Member States (hereinafter referred to as "Committee of Governors") or the Council of the EMI' shall be replaced by `on a recommendation from the Council of the EMI'; (b) in paragraph 1, the fourth subparagraph which states `The Committee of Governors shall be dissolved at the start of the second stage.' shall be deleted; (c) in paragraph 8, the second subparagraph which states `Where this Treaty provides for a consultative role for the EMI, references to the EMI shall be read, before 1 January 1994, as referring to the Committee of Governors.' shall be deleted. 57. Article 112 shall be amended as follows: (a) in paragraph 1, first subparagraph, the words `before the end of the transitional period' shall be deleted; (b) in paragraph 1, second subparagraph, the words `acting unanimously until the end of the second stage and by a qualified majority thereafter' shall be replaced by `acting by a qualified majority'. 58. In Article 129c(1), first subparagraph, third indent, the words `Cohesion Fund to be set up no later than 31 December 1993' shall be replaced by `Cohesion Fund set up'. 59. In Article 130d, second paragraph, the words `The Council, acting in accordance with the same procedure, shall before 31 December 1993 set up a Cohesion Fund to' shall be replaced by `A Cohesion Fund set up by the Council in accordance with the same procedure shall'. 60. In Article 130s, paragraph 5, second indent, the words `Cohesion Fund to be set up no later than 31 December 1993 pursuant to Article 130d' shall be replaced by `Cohesion Fund set up pursuant to Article 130d.'. 61. In Article 130w, paragraph 3, the words `ACP-EEC Convention' shall be replaced by `ACP-EC Convention'. 62. In Article 131, first paragraph, the words `Belgium' and `Italy' shall be deleted and the reference to Annex IV shall be replaced by a reference to Annex II. 63. Article 133 shall be amended as follows: (a) in paragraph 1, the words `completely abolished' shall be replaced by the word `prohibited' and the words `progressive abolition' shall be replaced by the word `prohibition'; (b) in paragraph 2, the words `progressively abolished' shall be replaced by the word `prohibited' and the references to Articles 13, 14, 15 and 17 shall be deleted with the result that the paragraph ends with the words `. . . in accordance with the provisions of Article 12.'; (c) in paragraph 3, second subparagraph, the words `shall nevertheless be progressively reduced to' shall be replaced by `may not exceed' and the second sentence beginning `The percentages and the timetable . . .' and ending with `importing country or territory.' shall be deleted; (d) in paragraph 4, the words `when this Treaty enters into force' shall be deleted. 64. Article 136 shall be replaced by the following: `Article 136 The Council, acting unanimously, shall, on the basis of the experience acquired under the association of the countries and territories with the Community and of the principles set out in this Treaty, lay down provisions as regards the detailed rules and the procedure for the association of the countries and territories with the Community.'. 65. Article 138 shall be amended as follows, to include Article 1, Article 2 as amended by Article 5 of this Treaty, and Article 3(1) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to the Council Decision of 20 September 1976; Annex II of that Act shall continue to be applied: (a) in the place of paragraphs 1 and 2, which lapsed in accordance with Article 14 of the Act concerning the election of the representatives of the European Parliament, there shall be inserted the text of Articles 1 and 2 of the said Act as paragraphs 1 and 2; the new paragraphs 1 and 2 shall read as follows: `1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be elected by direct universal suffrage. 2. The number of representatives elected in each Member State shall be as follows: Belgium 25 Denmark 16 Germany 99 Greece 25 Spain 64 France 87 Ireland 15 Italy 87 Luxembourg 6 Netherlands 31 Austria 21 Portugal 25 Finland 16 Sweden 22 United Kingdom 87. In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States brought together in the Community.'; (b) after the new paragraphs 1 and 2, there shall be inserted the text of Article 3(1) of the aforesaid Act as paragraph 3; the new paragraph 3 shall read as follows: `3. Representatives shall be elected for a term of five years.'; (c) the existing paragraph 3 as amended by Article 2 of this Treaty shall become paragraph 4; (d) paragraph 4 as added by Article 2 of this Treaty shall become paragraph 5. 66. Article 158(3) shall be deleted. 67. In Article 166, first paragraph, the words `as from the date of accession' shall be replaced by `as from 1 January 1995'. 68. In Article 188b(3), the second subparagraph, commencing `However, when the first appointments . . .' shall be deleted. 69. In Article 197, the second paragraph, commencing `In particular, it shall . . .' shall be deleted. 70. In Article 207, the second, third, fourth and fifth paragraphs shall be deleted. 71. In the place of Article 212 there shall be inserted the text of Article 24(1), second subparagraph, of the Treaty establishing a Single Council and a Single Commission of the European Communities; the new Article 212 shall accordingly read as follows: `Article 212 The Council shall, acting by a qualified majority on a proposal from the Commission and after consulting the other institutions concerned, lay down the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of those Communities.'. 72. In the place of Article 218 there shall be inserted the adapted text of Article 28, first paragraph, of the Treaty establishing a Single Council and a Single Commission of the European Communities; the new Article 218 shall accordingly read as follows: `Article 218 The Community shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities of the European Communities. The same shall apply to the European Central Bank, the European Monetary Institute, and the European Investment Bank.'. 73. In Article 221 the words `Within three years of the entry into force of this Treaty, Member States shall accord . . .' shall be replaced by `Member States shall accord . . .'. 74. In Article 223, paragraphs 2 and 3 shall be merged and replaced by the following: `2. The Council may, acting unanimously on a proposal from the Commission, make changes to the list, which it drew up on 15 April 1958, of the products to which the provisions of paragraph 1(b) apply.'. 75. Article 226 shall be repealed. 76. Article 227 shall be amended as follows: (a) in paragraph 3, the reference to Annex IV shall be replaced by a reference to Annex II; (b) after paragraph 4, a new paragraph shall be inserted as follows: `5. The provisions of this Treaty shall apply to the AAland Islands in accordance with the provisions set out in Protocol No 2 to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.'; (c) the former paragraph 5 shall become paragraph 6 and point (d) thereof, concerning the AAland Islands shall be deleted; point (c) shall end with a full stop. 77. In Article 229, first paragraph, the words `organs of the United Nations, of its specialised agencies and of the General Agreement on Tariffs and Trade.' shall be replaced by `organs of the United Nations and of its specialised agencies.' 78. In Article 234, first paragraph, the words `before the entry into force of this Treaty' shall be replaced by `before 1 January 1958 or, for acceding States, before the date of their accession'. 79. The heading preceding Article 241 entitled `Setting up of the institutions' shall be deleted. 80. Articles 241 to 246 shall be repealed. 81. In Article 248 a new paragraph shall be added as follows: `Pursuant to the Accession Treaties, the Danish, English, Finnish, Greek, Irish, Portuguese, Spanish and Swedish versions of this Treaty shall also be authentic.'. II. ANNEXES 1. Annex I `Lists A to G referred to in Articles 19 and 20 of the Treaty' shall be deleted. 2. Annex II `List referred to in Article 38 of the Treaty' shall become Annex I and the reference to `AnnesAnnex II to the Treaty' under numbers ex 22.08 and ex 22.09 shall become a reference to `Annex I to the Treaty'. 3. Annex III `List of invisible transactions referred to in Article 73h of the Treaty' shall be deleted. 4. Annex IV `Overseas countries and territories to which the provisions of Part IV of the Treaty apply' shall become Annex II. It is brought up to date and reads as follows: `ANNEX II OVERSEAS COUNTRIES AND TERRITORIES to which the provisions of Part IV of the Treaty apply - Greenland, - New Caledonia and Dependencies, - French Polynesia, - French Southern and Antarctic Territories, - Wallis and Futuna Islands, - Mayotte, - Saint Pierre and Miquelon, - Aruba, - Netherlands Antilles: - Bonaire, - Curac,ao, - Saba, - Sint Eustatius, - Sint Maarten, - Anguilla, - Cayman Islands, - Falkland Islands, - South Georgia and the South Sandwich Islands, - Montserrat, - Pitcairn, - Saint Helena and Dependencies, - British Antarctic Territory, - British Indian Ocean Territory, - Turks and Caicos Islands, - British Virgin Islands, - Bermuda.'. III. PROTOCOLS AND OTHER ACTS 1. The following protocols and acts shall be repealed: (a) Protocol amending the Protocol on the privileges and immunities of the European Communities; (b) Protocol on German internal trade and connected problems; (c) Protocol on certain provisions relating to France; (d) Protocol on the Grand Duchy of Luxembourg; (e) Protocol on the treatment to be applied to products within the province of the European Coal and Steel Community in respect of Algeria and the overseas departments of the French Republic; (f) Protocol on mineral oils and certain of their derivatives; (g) Protocol on the application of the Treaty establishing the European Community to the non-European parts of the Kingdom of the Netherlands; (h) Implementing Convention on the Association of the Overseas Countries and Territories with the Community; - Protocol on the tariff quota for imports of bananas (ex 08.01 of the Brussels Nomenclature); - Protocol on the tariff quota for imports of raw coffee (ex 09.01 of the Brussels Nomenclature). 2. At the end of the Protocol on the Statute of the European Investment Bank, the list of signatories shall be deleted. 3. Protocol on the Statute of the Court of Justice of the European Community shall be amended as follows: (a) the words `HAVE DESIGNATED as their plenipotentiaries for this purpose:' and the list of Heads of State and their plenipotentiaries shall be deleted; (b) the words `WHO, having exchanged their full powers, found in good and due form,' shall be deleted; (c) in Article 3, the adapted text of Article 21 of the Protocol on the privileges and immunities of the European Communities shall be added as a fourth paragraph; this new fourth paragraph shall accordingly read as follows: `Articles 12 to 15 and 18 of the Protocol on the privileges and immunities of the European Communities shall apply to the Judges, Advocates-General, Registrar and Assistant Rapporteurs of the Court of Justice, without prejudice to the provisions relating to immunity from legal proceedings of Judges which are set out in the preceding paragraphs.'; (d) Article 57 shall be repealed; (e) the concluding formula `IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.' shall be deleted; (f) the list of signatories shall be deleted. 4. In Article 40 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, the words `annexed to the Treaty establishing a Single Council and a Single Commission of the European Communities' shall be deleted. 5. In Article 21 of the Protocol on the Statute of the European Monetary Institute, the words `annexed to the Treaty establishing a Single Council and a Single Commission of the European Communities' shall be deleted. 6. The Protocol on Italy shall be amended as follows: (a) in the last paragraph commencing `RECOGNISE that in the event . . .', the reference to Articles 108 and 109 shall be replaced by a reference to Articles 109h and 109i; (b) the list of signatories shall be deleted. 7. The Protocol on goods originating in and coming from certain countries and enjoying special treatment when imported into a Member State shall be amended as follows: (a) in the introductory part of point 1: - the words `applicable, at the time of the entry into force of this Treaty' shall be replaced by `applicable on 1 January 1958.'; - after the words `to imports', the text of point (a) shall follow on immediately; the text resulting therefrom shall read as follows: `. . . to imports into the Benelux countries of goods originating in and coming from Suriname or the Netherlands Antilles;'; (b) in point 1, points (a), (b) and (c) shall be deleted; (c) in point 3, the words `Before the end of the first year after the entry into force of this Treaty, Member States . . .' shall be replaced by `Member States'; (d) the list of signatories shall be deleted. 8. The Protocol concerning imports into the European Community of petroleum products refined in the Netherlands Antilles shall be amended as follows: (a) the concluding formula `IN WITNESS WHEREOF the undersigned Plenipotentiaries have placed their signatures below this Protocol.' shall be deleted; (b) the list of signatories shall be deleted. 9. In the Protocol on special arrangements for Greenland, Article 3 shall be repealed. Article 7 The Treaty establishing the European Coal and Steel Community, including the annexes, protocols and other acts annexed thereto, shall be amended in accordance with the provisions of this Article for the purpose of deleting lapsed provisions of the Treaty and adapting in consequence the text of certain of its provisions. I. TEXT OF THE ARTICLES OF THE TREATY 1. In Article 2, second paragraph, the word `progressively' shall be deleted. 2. In Article 4, in the introductory part, the words `abolished and' shall be deleted. 3. Article 7 shall be amended as follows: (a) in the first indent, the words `a HIGH AUTHORITY (hereinafter referred to as "the Commission")' shall be replaced by `a COMMISSION'; (b) in the second indent, the words `a COMMON ASSEMBLY (hereinafter referred to as "the European Parliament")' shall be replaced by `a EUROPEAN PARLIAMENT'; (c) in the third indent, the words `a SPECIAL COUNCIL OF MINISTERS (hereinafter referred to as "the Council")' shall be replaced by `a COUNCIL'; 4. Article 10(3) shall be deleted. 5. In Article 16, the first and second paragraphs shall be deleted. 6. Article 21 shall be amended as follows, to include Article 1, Article 2 as amended by Article 5 of this Treaty, and Article 3(1) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to the Council Decision of 20 September 1976; Annex II of that Act shall continue to be applied: (a) in the place of paragraphs 1 and 2, which lapsed in accordance with Article 14 of the Act concerning the election of the representatives of the European Parliament, there shall be inserted the text of Articles 1 and 2 of the said Act as paragraphs 1 and 2; the new paragraphs 1 and 2 shall read as follows: `1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be elected by direct universal suffrage. 2. The number of representatives elected in each Member State shall be as follows: Belgium 25 Denmark 16 Germany 99 Greece 25 Spain 64 France 87 Ireland 15 Italy 87 Luxembourg 6 Netherlands 31 Austria 21 Portugal 25 Finland 16 Sweden 22 United Kingdom 87. In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States brought together in the Community.'; (b) after the new paragraphs 1 and 2, there shall be inserted the text of Article 3(1) of the aforesaid Act as paragraph 3; the new paragraph 3 shall read as follows: `3. Representatives shall be elected for a term of five years.'; (c) the existing paragraph 3 as amended by Article 3 of this Treaty shall become paragraph 4; (d) paragraph 4 as added by Article 3 of this Treaty shall become paragraph 5. 7. In Article 32a, first paragraph, the words `the date of accession' shall be replaced by `1 January 1995'. 8. In Article 45b(3), the second subparagraph commencing `However, when the first appointments . . .' shall be deleted. 9. In Article 50, the adapted text of paragraphs 2 and 3 of Article 20 of the Treaty establishing a Single Council and a Single Commission of the European Communities shall be inserted as new paragraphs 4 and 5; the new paragraphs 4 and 5 shall accordingly read as follows: `4. The portion of the expenditure of the budget of the Communities covered by the levies provided for in Article 49 shall be fixed at 18 million units of account. The Commission shall submit annually to the Council a report on the basis of which the Council shall examine whether there is reason to adjust this figure to changes in the budget of the Communities. The Council shall act by the majority laid down in the first sentence of the fourth paragraph of Article 28. The adjustment shall be made on the basis of an assessment of developments in expenditure arising from the application of this Treaty. 5. The portion of the levies assigned to cover expenditure under the budget of the Communities shall be allocated by the Commission for the implementation of that budget in accordance with the timetable provided for in the financial regulations adopted pursuant to Article 209(b) of the Treaty establishing the European Community and Article 183(b) of the Treaty establishing the Atomic Energy Community.'. 10. Article 52 shall be repealed. 11. In the place of Article 76 there shall be inserted the adapted text of Article 28, first paragraph, of the Treaty establishing a Single Council and a Single Commission of the European Communities; the new Article 76 shall accordingly read as follows: `Article 76 The Community shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities of the European Communities.'. 12. Article 79 shall be amended as follows: (a) in the second sentence of the first paragraph, the part of the sentence which commences `as regards the Saar . . .' shall be deleted and the semicolon shall be replaced by a full stop; (b) after the first paragraph, a second paragraph shall be inserted as follows: `The provisions of this Treaty shall apply to the AAland Islands in accordance with the provisions of Protocol No 2 of the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.'; (c) in the existing second paragraph, in the introductory part, the words `Notwithstanding the preceding paragraph:' shall be replaced by `Notwithstanding the preceding paragraphs:'; (d) in the existing second paragraph, point (d) concerning the AAland Islands shall be deleted. 13. In Article 84, the words `Treaty and its Annexes, of the Protocols annexed thereto and of the Convention on the transitional Provisions.' shall be replaced by `Treaty and its Annexes and of the Protocols annexed thereto.' 14. Article 85 shall be repealed. 15. In Article 93, the words `Organisation for European Economic Cooperation' shall be replaced by `Organisation for Economic Cooperation and Development'. 16. In Article 95, third paragraph, the words `If, after the end of the transitional period provided in the Convention on the Transitional Provisions, unforeseen difficulties . . .' shall be replaced by `If unforeseen difficulties . . .'. 17. In Article 97, the wording `This Treaty is concluded for a period of 50 years from its entry into force.' shall be replaced by `This Treaty shall expire on 23 July 2002.'. II. TEXT OF ANNEX III `Special steels' At the end of Annex III, the initials of the plenipotentiaries of the Heads of State and Government shall be deleted. III. PROTOCOLS AND OTHER ACTS ANNEXED TO THE TREATY 1. The following acts shall be repealed: (a) Exchange of letters between the Government of the Federal Republic of Germany and the Government of the French Republic concerning the Saar; (b) Convention on the Transitional Provisions. 2. The Protocol on the Statute of the Court of Justice of the European Coal and Steel Community shall be amended as follows: (a) Titles I and II of the Protocol shall be replaced by the text of Titles I and II of the Protocol on the Statute of the Court of Justice of the European Community annexed to the Treaty establishing the European Community; (b) Article 56 shall be repealed and the heading `Transitional provision' which precedes it shall be deleted; (c) the list of signatories shall be deleted. 3. The Protocol on relations with the Council of Europe shall be amended as follows: (a) Article 1 shall be repealed; (b) the list of signatories shall be deleted. Article 8 The Treaty establishing the European Atomic Energy Community, including the annexes and protocols thereto, shall be amended in accordance with the provisions of this Article for the purpose of deleting lapsed provisions of the Treaty and adapting in consequence the text of certain of its provisions. I. TEXT OF THE ARTICLES OF THE TREATY 1. In Article 76, second paragraph, the words `after the entry into force of this Treaty' shall be replaced by `after 1 January 1958'. 2. In the introductory part to the first paragraph of Article 93, the words `Member States shall abolish between themselves, one year after the entry into force of this Treaty, all customs duties . . .' shall be replaced by `Member States shall prohibit between themselves all customs duties . . .'. 3. Articles 94 and 95 shall be repealed. 4. In Article 98, second paragraph, the words `Within two years of the entry into force of this Treaty, the Council . . .' shall be replaced by `The Council . . .'. 5. Article 100 shall be repealed. 6. Article 104 shall be amended as follows: (a) in the first paragraph, the words `after the entry into force of this Treaty' shall be replaced by `after 1 January 1958 or, for acceding States, after the date of their accession,'; (b) in the second paragraph the words `after the entry into force of this Treaty, within the purview thereof' shall be replaced by `after the dates referred to in the first paragraph, within the scope of this Treaty'. 7. Article 105 shall be amended as follows: (a) in the first paragraph, the words `concluded before its entry into force by a Member State' shall be replaced by `concluded before 1 January 1958 or, for acceding States, before the date of their accession, by a Member State'. At the end of that paragraph the words `the entry into force of this Treaty' shall be replaced by `the aforesaid dates'; (b) in the second paragraph, the words `concluded between the signature and the entry into force of this Treaty' shall be replaced by `concluded between 25 March 1957 and 1 January 1958 or, for acceding States, between the signature of the instrument of accession and the date of their accession'. 8. In Article 106, first paragraph, the words `before the entry into force of this Treaty' shall be replaced by `before 1 January 1958 or, for acceding States, before the date of their accession'. 9. Article 108 shall be amended as follows, to include Article 1, Article 2 as amended by Article 5 of this Treaty, and Article 3(1) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to the Council Decision of 20 September 1976; Annex II of that Act shall continue to be applied: (a) in the place of paragraphs 1 and 2, which lapsed in accordance with Article 14 of the Act concerning the election of the representatives of the European Parliament, there shall be inserted the text of Articles 1 and 2 of the said Act as paragraphs 1 and 2; the new paragraphs 1 and 2 shall read as follows: `1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be elected by direct universal suffrage. 2. The number of representatives elected in each Member State shall be as follows: Belgium 25 Denmark 16 Germany 99 Greece 25 Spain 64 France 87 Ireland 15 Italy 87 Luxembourg 6 Netherlands 31 Austria 21 Portugal 25 Finland 16 Sweden 22 United Kingdom 87. In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States brought together in the Community.'; (b) after the new paragraphs 1 and 2, there shall be inserted the text of Article 3(1) of the aforesaid Act as paragraph 3; the new paragraph 3 shall read as follows: `3. Representatives shall be elected for a term of five years.'; (c) the existing paragraph 3 as amended by Article 4 of this Treaty shall become paragraph 4; (d) paragraph 4 as added by Article 4 of this Treaty shall become paragraph 5. 10. In Article 127, paragraph 3 shall be deleted. 11. In Article 138, first paragraph, the words `the date of accession' shall be replaced by `1 January 1995'. 12. In Article 160b(3), the second subparagraph commencing `However, when the first appointments . . .' shall be deleted. 13. In Article 181, the second, third and fourth paragraphs shall be deleted. 14. In the place of Article 191 there shall be inserted the adapted text of Article 28, first paragraph, of the Treaty establishing a Single Council and a Single Commission of the European Communities; the new Article 191 shall accordingly read as follows: `Article 191 The Community shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities of the European Communities.'. 15. Article 198 shall be amended as follows: (a) after the second paragraph there shall be inserted a third paragraph as follows: `The provisions of this Treaty shall apply to the AAland Islands in accordance with the provisions set out in Protocol No 2 to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.'; (b) in the existing third paragraph, point (e) concerning the AAland Islands shall be deleted. 16. In Article 199, first paragraph, the words `and of the General Agreement on Tariffs and Trade' shall be replaced by `and of the World Trade Organisation'. 17. Title VI, `Provisions relating to the initial period', comprising Section 1, `Setting up of the institutions', Section 2, `Provisions for the initial application of this Treaty' and Section 3, `Transitional provisions' and Articles 209 to 223, shall be repealed. 18. In Article 225 there shall be added a new paragraph as follows: `Pursuant to the Accession treaties the Danish, English, Finnish, Greek, Irish, Portuguese, Spanish and Swedish versions of this Treaty shall also be authentic.'. II. ANNEXES Annex V, `Initial research and training programme referred to in Article 215 of this Treaty' including the table `Breakdown by main headings . . .' shall be deleted. III. PROTOCOLS 1. The Protocol on the application of the Treaty establishing the European Atomic Energy Community to the non-European parts of the Kingdom of the Netherlands shall be repealed. 2. The Protocol on the Statute of the Court of Justice of the European Atomic Energy Community shall be amended as follows: (a) the words `HAVE DESIGNATED as their Plenipotentiaries for this Purpose:' and the list of Heads of State and their plenipotentiaries shall be deleted; (b) the words `WHO, having exchanged their full powers, found in good and due form,' shall be deleted; (c) in Article 3, the adapted text of Article 21 of the Protocol on the privileges and immunities of the European Communities shall be added as a fourth paragraph; this new fourth paragraph shall accordingly read as follows: `Articles 12 to 15 and 18 of the Protocol on the privileges and immunities of the European Community shall apply to the Judges, Advocates-General, Registrar and Assistant Rapporteurs of the Court of Justice, without prejudice to the provisions relating to immunity from legal proceedings of Judges which are set out in the preceding paragraphs.'; (d) Article 58 shall be repealed; (e) the concluding formula `IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.' shall be deleted; (f) the list of signatories shall be deleted. Article 9 1. Without prejudice to the paragraphs following hereinafter, which have as their purpose to retain the essential elements of their provisions, the Convention of 25 March 1957 on certain institutions common to the European Communities and the Treaty of 8 April 1965 establishing a Single Council and a Single Commission of the European Communities, but with the exception of the Protocol referred to in paragraph 5, shall be repealed. 2. The powers conferred on the European Parliament, the Council, the Commission, the Court of Justice and the Court of Auditors by the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community shall be exercised by the single institutions under the conditions laid down respectively by the said Treaties and this Article. The functions conferred on the Economic and Social Committee by the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community shall be exercised by a single committee under the conditions laid down respectively by the said Treaties. The provisions of Articles 193 and 197 of the Treaty establishing the European Community shall apply to that Committee. 3. The officials and other staff of the European Communities shall form part of the single administration of those Communities and shall be governed by the provisions adopted pursuant to Article 212 of the Treaty establishing the European Community. 4. The European Communities shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of their tasks under the conditions set out in the Protocol referred to in paragraph 5. The position shall be the same as regards the European Central Bank, the European Monetary Institute and the European Investment Bank. 5. In the Protocol of 8 April 1965 on the privileges and immunities of the European Communities there shall be inserted an Article 23, as laid down in Protocol amending the said Protocol; that Article reads as follows: `Article 23 This Protocol shall also apply to the European Central Bank, to the members of its organs and to its staff, without prejudice to the provisions of the Protocol on the Statute of the European System of Central Banks and the European Central Bank. The European Central Bank shall, in addition, be exempt from any form of taxation or imposition of a like nature on the occasion of any increase in its capital and from the various formalities which may be connected therewith in the State where the Bank has its seat. The activities of the Bank and of its organs carried on in accordance with the Statute of the European System of Central Banks and of the European Central Bank shall not be subject to any turnover tax. The above provisions shall also apply to the European Monetary Institute. Its dissolution or liquidation shall not give rise to any imposition.'. 6. The revenue and expenditure of the European Community, the administrative expenditure of the European Coal and Steel Community and the revenue relating thereto and the revenue and expenditure of the European Atomic Energy Community, except for those of the Supply Agency and Joint Undertakings, shall be shown in the budget of the European Communities, under the conditions laid down respectively in the Treaties establishing the three Communities. 7. Without prejudice to the application of Article 216 of the Treaty establishing the European Community, Article 77 of the Treaty establishing the European Coal and Steel Community, Article 189 of the Treaty establishing the European Atomic Energy Community and the second paragraph of Article 1 of the Protocol on the Statute of the European Investment Bank, the representatives of the Governments of the Member States shall adopt by common accord the necessary provisions for the purpose of dealing with certain problems particular to the Grand Duchy of Luxembourg which arise from the creation of a Single Council and a Single Commission of the European Communities. Article 10 1. The repeal or deletion in this Part of lapsed provisions of the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community as in force before the entry into force of this Treaty of Amsterdam and the adaptation of certain of their provisions shall not bring about any change in the legal effects of the provisions of those Treaties, in particular the legal effects arising from the time limits laid down by the said Treaties, nor of Accession Treaties. 2. There shall be no change in the legal effects of the acts in force adopted on the basis of the said Treaties. 3. The position shall be the same as regards the repeal of the Convention of 25 March 1957 on certain institutions common to the European Communities and the repeal of the Treaty of 8 April 1965 establishing a Single Council and a Single Commission of the European Communities. Article 11 The provisions of the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community relating to the powers of the Court of Justice of the European Communities and to the exercise of those powers shall apply to the provisions of this Part and to the Protocol on privileges and immunities referred to in Article 9(5). PART THREE GENERAL AND FINAL PROVISIONS Article 12 1. The articles, titles and sections of the Treaty on European Union and of the Treaty establishing the European Community, as amended by the provisions of this Treaty, shall be renumbered in accordance with the tables of equivalences set out in the Annex to this Treaty, which shall form an integral part thereof. 2. The cross references to articles, titles and sections in the Treaty on European Union and in the Treaty establishing the European Community, as well as between them, shall be adapted in consequence. The same shall apply as regards references to articles, titles and sections of those treaties contained in the other Community treaties. 3. The references to the articles, titles and sections of the Treaties referred to in paragraph 2 contained in other instruments or acts shall be understood as references to the articles, titles and sections of the Treaties as renumbered pursuant to paragraph 1 and, respectively, to the paragraphs of the said articles, as renumbered by certain provisions of Article 6. 4. References, contained in other instruments or acts, to paragraphs of articles of the Treaties referred to in Articles 7 and 8 shall be understood as referring to those paragraphs as renumbered by certain provisions of the said Articles 7 and 8. Article 13 This Treaty is concluded for an unlimited period. Article 14 1. 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 the first day of the second month following that in which the instrument of ratification is deposited by the last signatory State to fulfil that formality. Article 15 This Treaty, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, 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. En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente Tratado. Til bekraeftelse heraf har undertegnede befuldmaegtigede underskrevet denne traktat. Zu Urkund dessen haben die unterzeichneten Bevollmaechtigten ihre Unterschriften unter diesen Vertrag gesetzt. Ei*s pi'stwsy twn anwte'rw, oi upogegramme'noi plyrecou%sioi upe'graqan tyn parou%sa Sunthy%ky. In witness whereof the undersigned Plenipotentiaries have signed this Treaty. En foi de quoi, les plenipotentiaires soussignes ont appose leurs signatures au bas du present traite. Da fhianu sin, chuir na Lanchumhachtaigh thios-sinithe a lamh leis an gConradh seo. In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente trattato. Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit Verdrag hebben gesteld. Em fe do que, os plenipotenciarios abaixo assinados apuseram as suas assinaturas no presente Tratado. Taemaen vakuudeksi alla mainitut taeysivaltaiset edustajat ovat allekirjoittaneet taemaen sopimuksen. TilTill bevis haerpaa har undertecknade befullmaektigade undertecknat detta foerdrag. Hecho en Amsterdam, el dos de octubre de mil novecientos noventa y siete. Udfaerdiget i Amsterdam, den anden oktober nittenhundrede og syvoghalvfems. Geschehen zu Amsterdam am zweiten Oktober neunzehnhundertsiebenundneunzig. E'gine sto A'msterntam, sti*s du%o Oktwbri'ou tou e'tou*s xi'lia enniako'sia eneny%nta epta'. Done at Amsterdam this second day of October in the year one thousand nine hundred and ninety-seven. Fait `a Amsterdam, le deux octobre de l'an mil neuf cent quatre-vingt-dix-sept. Arna dheanamh in Amstardam ar an dara la de Dheireadh Fomhair sa bhliain mile naoi gcead nocha a seacht. Fatto ad Amsterdam, add`i due ottobre millenovecentonovantasette. Gedaan te Amsterdam, de tweede oktober negentienhonderd zevenennegentig. Feito em Amesterdao, em dois de Outubro de mil novecentos e noventa e sete. Tehty Amsterdamissa 2 paeivaenae lokakuuta vuonna tuhatyhdeksaensataayhdeksaenkymmentaeseitsemaen. Utfaerdat i Amsterdam den andra oktober aar nittonhundranittiosju. Pour Sa Majeste le Roi des Belges Voor Zijne Majesteit de Koning der Belgen Fuer Seine Majestaet den Koenig der Belgier ***IMAGE*** Cette signature engage egalement la Communaute franc,aise, la Communaute flamande, la Communaute germanophone, la Region wallonne, la Region flamande et la Region de Bruxelles-Capitale. Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest. Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flaemische Gemeinschaft, die Franzoesische Gemeinschaft, die Wallonische Region, die Flaemische Region und die Region Bruessel-Hauptstadt. For Hendes Majestaet Danmarks Dronning ***IMAGE*** Fuer den Praesidenten der Bundesrepublik Deutschland ***IMAGE*** Gia ton Pro'edro ty*s Ellyniky%*s Dymokrati'a*s ***IMAGE*** Por Su Majestad el Rey de Espana ***IMAGE*** Pour le President de la Republique franc,aise ***IMAGE*** Thar ceann an Choimisiuin arna udaru le hAirteagal 14 de Bhunreacht na hEireann chun cumhachtai agus feidhmeanna Uachtaran na hEireann a oibriu agus a chomhlionadh For the Commission authorised by Article 14 of the Constitution of Ireland to exercise and perform the powers and functions of the President of Ireland ***IMAGE*** Per il Presidente della Repubblica italiana ***IMAGE*** Pour Son Altesse Royale le Grand-Duc de Luxembourg ***IMAGE*** Voor Hare Majesteit de Koningin der Nederlanden ***IMAGE*** Fuer den Bundespraesidenten der Republik Oesterreich ***IMAGE*** Pelo Presidente da Republica Portuguesa ***IMAGE*** Suomen Tasavallan Presidentin puolesta Foer Republiken Finlands President ***IMAGE*** Foer Hans Majestaet Konungen av Sverige ***IMAGE*** For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland ***IMAGE*** ANNEX TABLES OF EQUIVALENCES REFERRED TO IN ARTICLE 12 OF THE TREATY OF AMSTERDAM A. Treaty on European Union Previous numbering New numbering TITLE I TITLE I Article A Article 1 Article B Article 2 Article C Article 3 Article D Article 4 Article E Article 5 Article F Article 6 Article F.1 (^*) Article 7 TITLE II TITLE II Article G Article 8 TITLE III TITLE III Article H Article 9 TITLE IV TITLE IV Article I Article 10 TITLE V (^***) TITLE V Article J.1 Article 11 Article J.2 Article 12 Article J.3 Article 13 Article J.4 Article 14 Article J.5 Article 15 Article J.6 Article 16 Article J.7 Article 17 Article J.8 Article 18 Article J.9 Article 19 Article J.10 Article 20 Article J.11 Article 21 Article J.12 Article 22 Article J.13 Article 23 Article J.14 Article 24 Article J.15 Article 25 Article J.16 Article 26 Article J.17 Article 27 Article J.18 Article 28 TITLE VI (^***) TITLE VI Article K.1 Article 29 Article K.2 Article 30 Article K.3 Article 31 Article K.4 Article 32 Article K.5 Article 33 Article K.6 Article 34 Article K.7 Article 35 Article K.8 Article 36 Article K.9 Article 37 Article K.10 Article 38 Article K.11 Article 39 Article K.12 Article 40 Article K.13 Article 41 Article K.14 Article 42 TITLE VIa (^**) TITLE VII Article K.15 (^*) Article 43 Article K.16 (^*) Article 44 Article K.17 (^*) Article 45 TITLE VII TITLE VIII Article L Article 46 Article M Article 47 Article N Article 48 Article O Article 49 Article P Article 50 Article Q Article 51 Article R Article 52 Article S Article 53 (^*) New Article introduced by the Treaty of Amsterdam. (^**) New Title introduced by the Treaty of Amsterdam. (^***) Title restructured by the Treaty of Amsterdam. B. Treaty establishing the European Community Previous numbering New numbering PART ONE PART ONE Article 1 Article 1 Article 2 Article 2 Article 3 Article 3 Article 3a Article 4 Article 3b Article 5 Article 3c (^*) Article 6 Article 4 Article 7 Article 4a Article 8 Article 4b Article 9 Article 5 Article 10 Article 5a (^*) Article 11 Article 6 Article 12 Article 6a (^*) Article 13 Article 7 (repealed) - Article 7a Article 14 Article 7b (repealed) - Article 7c Article 15 Article 7d (^*) Article 16 PART TWO PART TWO Article 8 Article 17 Article 8a Article 18 Article 8b Article 19 Article 8c Article 20 Article 8d Article 21 Article 8e Article 22 PART THREE PART THREE TITLE I TITLE I Article 9 Article 23 Article 10 Article 24 Article 11 (repealed) - CHAPTER 1 CHAPTER 1 Section 1 (deleted) - Article 12 Article 25 Article 13 (repealed) - Article 14 (repealed) - Article 15 (repealed) - Article 16 (repealed - Article 17 (repealed) - Section 2 (deleted) - Article 18 (repealed) - Article 19 (repealed) - Article 20 (repealed) - Article 21 (repealed) - Article 22 (repealed) - Article 23 (repealed) - Article 24 (repealed) - Article 25 (repealed) - Article 26 (repealed) - Article 27 (repealed) - Article 28 Article 26 Article 29 Article 27 CHAPTER 2 CHAPTER 2 Article 30 Article 28 Article 31 (repealed) - Article 32 (repealed) - Article 33 (repealed) - Article 34 Article 29 Article 35 (repealed) - Article 36 Article 30 Article 37 Article 31 TITLE II TITLE II Article 38 Article 32 Article 39 Article 33 Article 40 Article 34 Article 41 Article 35 Article 42 Article 36 Article 43 Article 37 Article 44 (repealed) - Article 45 (repealed) - Article 46 Article 38 Article 47 (repealed) - TITLE III TITLE III CHAPTER 1 CHAPTER 1 Article 48 Article 39 Article 49 Article 40 Article 50 Article 41 Article 51 Article 42 CHAPTER 2 CHAPTER 2 Article 52 Article 43 Article 53 (repealed) - Article 54 Article 44 Article 55 Article 45 Article 56 Article 46 Article 57 Article 47 Article 58 Article 48 CHAPTER 3 CHAPTER 3 Article 59 Article 49 Article 60 Article 50 Article 61 Article 51 Article 62 (repealed) - Article 63 Article 52 Article 64 Article 53 Article 65 Article 54 Article 66 Article 55 CHAPTER 4 CHAPTER 4 Article 67 (repealed) - Article 68 (repealed) - Article 69 (repealed) - Article 70 (repealed) - Article 71 (repealed) - Article 72 (repealed) - Article 73 (repealed) - Article 73a (repealed) - Article 73b Article 56 Article 73c Article 57 Article 73d Article 58 Article 73e (repealed) - Article 73f Article 59 Article 73g Article 60 Article 73h (repealed) - TITLE IIIa (^**) TITLE IV Article 73i (^*) Article 61 Article 73j (^*) Article 62 Article 73k (^*) Article 63 Article 73l (^*) Article 64 Article 73m (^*) Article 65 Article 73n (^*) Article 66 Article 73o (^*) Article 67 Article 73p (^*) Article 68 Article 73q (^*) Article 69 TITLE IV TITLE V Article 74 Article 70 Article 75 Article 71 Article 76 Article 72 Article 77 Article 73 Article 78 Article 74 Article 79 Article 75 Article 80 Article 76 Article 81 Article 77 Article 82 Article 78 Article 83 Article 79 Article 84 Article 80 TITLE V TITLE VI CHAPTER 1 CHAPTER 1 SECTION 1 SECTION 1 Article 85 Article 81 Article 86 Article 82 Article 87 Article 83 Article 88 Article 84 Article 89 Article 85 Article 90 Article 86 Section 2 (deleted) - Article 91 (repealed) - SECTION 3 SECTION 2 Article 92 Article 87 Article 93 Article 88 Article 94 Article 89 CHAPTER 2 CHAPTER 2 Article 95 Article 90 Article 96 Article 91 Article 97 (repealed) - Article 98 Article 92 Article 99 Article 93 CHAPTER 3 CHAPTER 3 Article 100 Article 94 Article 100a Article 95 Article 100b (repealed) - Article 100c (repealed) - Article 100d (repealed) - Article 101 Article 96 Article 102 Article 97 TITLE VI TITLE VII CHAPTER 1 CHAPTER 1 Article 102a Article 98 Article 103 Article 99 Article 103a Article 100 Article 104 Article 101 Article 104a Article 102 Article 104b Article 103 Article 104c Article 104 CHAPTER 2 CHAPTER 2 Article 105 Article 105 Article 105a Article 106 Article 106 Article 107 Article 107 Article 108 Article 108 Article 109 Article 108a Article 110 Article 109 Article 111 CHAPTER 3 CHAPTER 3 Article 109a Article 112 Article 109b Article 113 Article 109c Article 114 Article 109d Article 115 CHAPTER 4 CHAPTER 4 Article 109e Article 116 Article 109f Article 117 Article 109g Article 118 Article 109h Article 119 Article 109i Article 120 Article 109j Article 121 Article 109k Article 122 Article 109l Article 123 Article 109m Article 124 TITLE VIa (^**) TITLE VIII Article 109n (^*) Article 125 Article 109o (^*) Article 126 Article 109p (^*) Article 127 Article 109q (^*) Article 128 Article 109r (^*) Article 129 Article 109s (^*) Article 130 TITLE VII TITLE IX Article 110 Article 131 Article 111 (repealed) - Article 112 Article 132 Article 113 Article 133 Article 114 (repealed) - Article 115 Article 134 TITLE VIIa (^**) TITLE X Article 116 (^*) Article 135 TITLE VIII TITLE XI CHAPTER 1 (^***) CHAPTER 1 Article 117 Article 136 Article 118 Article 137 Article 118a Article 138 Article 118b Article 139 Article 118c Article 140 Article 119 Article 141 Article 119a Article 142 Article 120 Article 143 Article 121 Article 144 Article 122 Article 145 CHAPTER 2 CHAPTER 2 Article 123 Article 146 Article 124 Article 147 Article 125 Article 148 CHAPTER 3 CHAPTER 3 Article 126 Article 149 Article 127 Article 150 TITLE IX TITLE XII Article 128 Article 151 TITLE X TITLE XIII Article 129 Article 152 TITLE XI TITLE XIV Article 129a Article 153 TITLE XII TITLE XV Article 129b Article 154 Article 129c Article 155 Article 129d Article 156 TITLE XIII TITLE XVI Article 130 Article 157 TITLE XIV TITLE XVII Article 130a Article 158 Article 130b Article 159 Article 130c Article 160 Article 130d Article 161 Article 130e Article 162 TITLE XV TITLE XVIII Article 130f Article 163 Article 130g Article 164 Article 130h Article 165 Article 130i Article 166 Article 130j Article 167 Article 130k Article 168 Article 130l Article 169 Article 130m Article 170 Article 130n Article 171 Article 130o Article 172 Article 130p Article 173 Article 130q (repealed) - TITLE XVI TITLE XIX Article 130r Article 174 Article 130s Article 175 Article 130t Article 176 TITLE XVII TITLE XX Article 130u Article 177 Article 130v Article 178 Article 130w Article 179 Article 130x Article 180 Article 130y Article 181 PART FOUR PART FOUR Article 131 Article 182 Article 132 Article 183 Article 133 Article 184 Article 134 Article 185 Article 135 Article 186 Article 136 Article 187 Article 136a Article 188 PART FIVE PART FIVE TITLE I TITLE I CHAPTER 1 CHAPTER 1 SECTION 1 SECTION 1 Article 137 Article 189 Article 138 Article 190 Article 138a Article 191 Article 138b Article 192 Article 138c Article 193 Article 138d Article 194 Article 138e Article 195 Article 139 Article 196 Article 140 Article 197 Article 141 Article 198 Article 142 Article 199 Article 143 Article 200 Article 144 Article 201 SECTION 2 SECTION 2 Article 145 Article 202 Article 146 Article 203 Article 147 Article 204 Article 148 Article 205 Article 149 (repealed) - Article 150 Article 206 Article 151 Article 207 Article 152 Article 208 Article 153 Article 209 Article 154 Article 210 SECTION 3 SECTION 3 Article 155 Article 211 Article 156 Article 212 Article 157 Article 213 Article 158 Article 214 Article 159 Article 215 Article 160 Article 216 Article 161 Article 217 Article 162 Article 218 Article 163 Article 219 SECTION 4 SECTION 4 Article 164 Article 220 Article 165 Article 221 Article 166 Article 222 Article 167 Article 223 Article 168 Article 224 Article 168 a Article 225 Article 169 Article 226 Article 170 Article 227 Article 171 Article 228 Article 172 Article 229 Article 173 Article 230 Article 174 Article 231 Article 175 Article 232 Article 176 Article 233 Article 177 Article 234 Article 178 Article 235 Article 179 Article 236 Article 180 Article 237 Article 181 Article 238 Article 182 Article 239 Article 183 Article 240 Article 184 Article 241 Article 185 Article 242 Article 186 Article 243 Article 187 Article 244 Article 188 Article 245 SECTION 5 SECTION 5 Article 188a Article 246 Article 188b Article 247 Article 188c Article 248 CHAPTER 2 CHAPTER 2 Article 189 Article 249 Article 189a Article 250 Article 189b Article 251 Article 189c Article 252 Article 190 Article 253 Article 191 Article 254 Article 191a (^*) Article 255 Article 192 Article 256 CHAPTER 3 CHAPTER 3 Article 193 Article 257 Article 194 Article 258 Article 195 Article 259 Article 196 Article 260 Article 197 Article 261 Article 198 Article 262 CHAPTER 4 CHAPTER 4 Article 198a Article 263 Article 198b Article 264 Article 198c Article 265 CHAPTER 5 CHAPTER 5 Article 198d Article 266 Article 198e Article 267 TITLE II TITLE II Article 199 Article 268 Article 200 (repealed) - Article 201 Article 269 Article 201a Article 270 Article 202 Article 271 Article 203 Article 272 Article 204 Article 273 Article 205 Article 274 Article 205a Article 275 Article 206 Article 276 Article 206a (repealed) - Article 207 Article 277 Article 208 Article 278 Article 209 Article 279 Article 209a Article 280 PART SIX PART SIX Article 210 Article 281 Article 211 Article 282 Article 212 (^*) Article 283 Article 213 Article 284 Article 213a (^*) Article 285 Article 213b (^*) Article 286 Article 214 Article 287 Article 215 Article 288 Article 216 Article 289 Article 217 Article 290 Article 218 (^*) Article 291 Article 219 Article 292 Article 220 Article 293 Article 221 Article 294 Article 222 Article 295 Article 223 Article 296 Article 224 Article 297 Article 225 Article 298 Article 226 (repealed) - Article 227 Article 299 Article 228 Article 300 Article 228a Article 301 Article 229 Article 302 Article 230 Article 303 Article 231 Article 304 Article 232 Article 305 Article 233 Article 306 Article 234 Article 307 Article 235 Article 308 Article 236 (^*) Article 309 Article 237 (repealed) - Article 238 Article 310 Article 239 Article 311 Article 240 Article 312 Article 241 (repealed) - Article 242 (repealed) - Article 243 (repealed) - Article 244 (repealed) - Article 245 (repealed) - Article 246 (repealed) - FINAL PROVISIONS FINAL PROVISIONS Article 247 Article 313 Article 248 Article 314 (^*) New Article introduced by the Treaty of Amsterdam. (^*) New Article introduced by the Treaty of Amsterdam. (^**) New Title introduced by the Treaty of Amsterdam. (^*) New Article introduced by the Treaty of Amsterdam. (^**) New Title introduced by the Treaty of Amsterdam. (^*) New Article introduced by the Treaty of Amsterdam. (^**) New Title introduced by the Treaty of Amsterdam. (^***) Chapter 1 restructured by the Treaty of Amsterdam. (^*) New Article introduced by the Treaty of Amsterdam. (^*) New Article introduced by the Treaty of Amsterdam. PROTOCOLS A. PROTOCOL ANNEXED TO THE TREATY ON EUROPEAN UNION Protocol on Article J.7 of the Treaty on European Union THE HIGH CONTRACTING PARTIES, BEARING IN MIND the need to implement fully the provisions of Article J.7(1), second subparagraph, and (3) of the Treaty on European Union, BEARING IN MIND that the policy of the Union in accordance with Article J.7 shall not prejudice the specific character of the security and defence policy of certain Member States and shall respect the obligations of certain Member States, which see their common defence realised in NATO, under the North Atlantic Treaty and be compatible with the common security and defence policy established within that framework, HAVE AGREED UPON the following provision, which is annexed to the Treaty on European Union, The European Union shall draw up, together with the Western European Union, arrangements for enhanced cooperation between them, within a year from the entry into force of the Treaty of Amsterdam. B. PROTOCOLS ANNEXED TO THE TREATY ON EUROPEAN UNION AND TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY Protocol integrating the Schengen acquis into the framework of the European Union THE HIGH CONTRACTING PARTIES, NOTING that the Agreements on the gradual abolition of checks at common borders signed by some Member States of the European Union in Schengen on 14 June 1985 and on 19 June 1990, as well as related agreements and the rules adopted on the basis of these agreements, are aimed at enhancing European integration and, in particular, at enabling the European Union to develop more rapidly into an area of freedom, security and justice, DESIRING to incorporate the abovementioned agreements and rules into the framework of the European Union, CONFIRMING that the provisions of the Schengen acquis are applicable only if and as far as they are compatible with the European Union and Community law, TAKING INTO ACCOUNT the special position of Denmark, TAKING INTO ACCOUNT the fact that Ireland and the United Kingdom of Great Britain and Northern Ireland are not parties to and have not signed the abovementioned agreements; that provision should, however, be made to allow those Member States to accept some or all of the provisions thereof, RECOGNISING that, as a consequence, it is necessary to make use of the provisions of the Treaty on European Union and of the Treaty establishing the European Community concerning closer cooperation between some Member States and that those provisions should only be used as a last resort, TAKING INTO ACCOUNT the need to maintain a special relationship with the Republic of Iceland and the Kingdom of Norway, both States having confirmed their intention to become bound by the provisions mentioned above, on the basis of the Agreement signed in Luxembourg on 19 December 1996, HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty establishing the European Community, Article 1 The Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland and the Kingdom of Sweden, signatories to the Schengen agreements, are authorised to establish closer cooperation among themselves within the scope of those agreements and related provisions, as they are listed in the Annex to this Protocol, hereinafter referred to as the `Schengen acquis'. This cooperation shall be conducted within the institutional and legal framework of the European Union and with respect for the relevant provisions of the Treaty on European Union and of the Treaty establishing the European Community. Article 2 1. From the date of entry into force of the Treaty of Amsterdam, the Schengen acquis, including the decisions of the Executive Committee established by the Schengen agreements which have been adopted before this date, shall immediately apply to the thirteen Member States referred to in Article 1, without prejudice to the provisions of paragraph 2 of this Article. From the same date, the Council will substitute itself for the said Executive Committee. The Council, acting by the unanimity of its Members referred to in Article 1, shall take any measure necessary for the implementation of this paragraph. The Council, acting unanimously, shall determine, in conformity with the relevant provisions of the Treaties, the legal basis for each of the provisions or decisions which constitute the Schengen acquis. With regard to such provisions and decisions and in accordance with that determination, the Court of Justice of the European Communities shall exercise the powers conferred upon it by the relevant applicable provisions of the Treaties. In any event, the Court of Justice shall have no jurisdiction on measures or decisions relating to the maintenance of law and order and the safeguarding of internal security. As long as the measures referred to above have not been taken and without prejudice to Article 5(2), the provisions or decisions which constitute the Schengen acquis shall be regarded as acts based on Title VI of the Treaty on European Union. 2. The provisions of paragraph 1 shall apply to the Member States which have signed accession protocols to the Schengen agreements, from the dates decided by the Council, acting with the unanimity of its Members mentioned in Article 1, unless the conditions for the accession of any of those States to the Schengen acquis are met before the date of the entry into force of the Treaty of Amsterdam. Article 3 Following the determination referred to in Article 2(1), second subparagraph, Denmark shall maintain the same rights and obligations in relation to the other signatories to the Schengen agreements, as before the said determination with regard to those parts of the Schengen acquis that are determined to have a legal basis in Title IIIa of the Treaty establishing the European Community. With regard to those parts of the Schengen acquis that are determined to have legal base in Title VI of the Treaty on European Union, Denmark shall continue to have the same rights and obligations as the other signatories to the Schengen agreements. Article 4 Ireland and the United Kingdom of Great Britain and Northern Ireland, which are not bound by the Schengen acquis, may at any time request to take part in some or all of the provisions of this acquis. The Council shall decide on the request with the unanimity of its members referred to in Article 1 and of the representative of the Government of the State concerned. Article 5 1. Proposals and initiatives to build upon the Schengen acquis shall be subject to the relevant provisions of the Treaties. In this context, where either Ireland or the United Kingdom or both have not notified the President of the Council in writing within a reasonable period that they wish to take part, the authorisation referred to in Article 5a of the Treaty establishing the European Community or Article K.12 of the Treaty on European Union shall be deemed to have been granted to the Members States referred to in Article 1 and to Ireland or the United Kingdom where either of them wishes to take part in the areas of cooperation in question. 2. The relevant provisions of the Treaties referred to in the first subparagraph of paragraph 1 shall apply even if the Council has not adopted the measures referred to in Article 2(1), second subparagraph. Article 6 The Republic of Iceland and the Kingdom of Norway shall be associated with the implementation of the Schengen acquis and its further development on the basis of the Agreement signed in Luxembourg on 19 December 1996. Appropriate procedures shall be agreed to that effect in an Agreement to be concluded with those States by the Council, acting by the unanimity of its Members mentioned in Article 1. Such Agreement shall include provisions on the contribution of Iceland and Norway to any financial consequences resulting from the implementation of this Protocol. A separate Agreement shall be concluded with Iceland and Norway by the Council, acting unanimously, for the establishment of rights and obligations between Ireland and the United Kingdom of Great Britain and Northern Ireland on the one hand, and Iceland and Norway on the other, in domains of the Schengen acquis which apply to these States. Article 7 The Council shall, acting by a qualified majority, adopt the detailed arrangements for the integration of the Schengen Secretariat into the General Secretariat of the Council. Article 8 For the purposes of the negotiations for the admission of new Member States into the European Union, the Schengen acquis and further measures taken by the institutions within its scope shall be regarded as an acquis which must be accepted in full by all States candidates for admission. ANNEX SCHENGEN ACQUIS 1. The Agreement, signed in Schengen on 14 June 1985, between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders. 2. The Convention, signed in Schengen on 19 June 1990, between the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, implementing the Agreement on the gradual abolition of checks at their common borders, signed in Schengen on 14 June 1985, with related Final Act and common declarations. 3. The Accession Protocols and Agreements to the 1985 Agreement and the 1990 Implementation Convention with Italy (signed in Paris on 27 November 1990), Spain and Portugal (signed in Bonn on 25 June 1991), Greece (signed in Madrid on 6 November 1992), Austria (signed in Brussels on 28 April 1995) and Denmark, Finland and Sweden (signed in Luxembourg on 19 December 1996), with related Final Acts and declarations. 4. Decisions and declarations adopted by the Executive Committee established by the 1990 Implementation Convention, as well as acts adopted for the implementation of the Convention by the organs upon which the Executive Committee has conferred decision making powers. Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European Community to the United Kingdom and to Ireland THE HIGH CONTRACTING PARTIES, DESIRING to settle certain questions relating to the United Kingdom and Ireland, HAVING REGARD to the existence for many years of special travel arrangements between the United Kingdom and Ireland, HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty establishing the European Community and to the Treaty on European Union, Article 1 The United Kingdom shall be entitled, notwithstanding Article 7a of the Treaty establishing the European Community, any other provision of that Treaty or of the Treaty on European Union, any measure adopted under those Treaties, or any international agreement concluded by the Community or by the Community and its Member States with one or more third States, to exercise at its frontiers with other Member States such controls on persons seeking to enter the United Kingdom as it may consider necessary for the purpose: (a) of verifying the right to enter the United Kingdom of citizens of States which are Contracting Parties to the Agreement on the European Economic Area and of their dependants exercising rights conferred by Community law, as well as citizens of other States on whom such rights have been conferred by an agreement by which the United Kingdom is bound; and (b) of determining whether or not to grant other persons permission to enter the United Kingdom. Nothing in Article 7a of the Treaty establishing the European Community or in any other provision of that Treaty or of the Treaty on European Union or in any measure adopted under them shall prejudice the right of the United Kingdom to adopt or exercise any such controls. References to the United Kingdom in this Article shall include territories for whose external relations the United Kingdom is responsible. Article 2 The United Kingdom and Ireland may continue to make arrangements between themselves relating to the movement of persons between their territories (`the Common Travel Area'), while fully respecting the rights of persons referred to in Article 1, first paragraph, point (a) of this Protocol. Accordingly, as long as they maintain such arrangements, the provisions of Article 1 of this Protocol shall apply to Ireland under the same terms and conditions as for the United Kingdom. Nothing in Article 7a of the Treaty establishing the European Community, in any other provision of that Treaty or of the Treaty on European Union or in any measure adopted under them, shall affect any such arrangements. Article 3 The other Member States shall be entitled to exercise at their frontiers or at any point of entry into their territory such controls on persons seeking to enter their territory from the United Kingdom or any territories whose external relations are under its responsibility for the same purposes stated in Article 1 of this Protocol, or from Ireland as long as the provisions of Article 1 of this Protocol apply to Ireland. Nothing in Article 7a of the Treaty establishing the European Community or in any other provision of that Treaty or of the Treaty on European Union or in any measure adopted under them shall prejudice the right of the other Member States to adopt or exercise any such controls. Protocol on the position of the United Kingdom and Ireland THE HIGH CONTRACTING PARTIES, DESIRING to settle certain questions relating to the United Kingdom and Ireland, HAVING REGARD to the Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European Community to the United Kingdom and to Ireland, HAVE AGREED UPON the following provisions which shall be annexed to the Treaty establishing the European Community and to the Treaty on European Union, Article 1 Subject to Article 3, the United Kingdom and Ireland shall not take part in the adoption by the Council of proposed measures pursuant to Title IIIa of the Treaty establishing the European Community. By way of derogation from Article 148(2) of the Treaty establishing the European Community, a qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in the said Article 148(2). The unanimity of the members of the Council, with the exception of the representatives of the governments of the United Kingdom and Ireland, shall be necessary for decisions of the Council which must be adopted unanimously. Article 2 In consequence of Article 1 and subject to Articles 3, 4 and 6, none of the provisions of Title IIIa of the Treaty establishing the European Community, no measure adopted pursuant to that Title, no provision of any international agreement concluded by the Community pursuant to that Title, and no decision of the Court of Justice interpreting any such provision or measure shall be binding upon or applicable in the United Kingdom or Ireland; and no such provision, measure or decision shall in any way affect the competences, rights and obligations of those States; and no such provision, measure or decision shall in any way affect the acquis communautaire nor form part of Community law as they apply to the United Kingdom or Ireland. Article 3 1. The United Kingdom or Ireland may notify the President of the Council in writing, within three months after a proposal or initiative has been presented to the Council pursuant to Title IIIa of the Treaty establishing the European Community, that it wishes to take part in the adoption and application of any such proposed measure, whereupon that State shall be entitled to do so. By way of derogation from Article 148(2) of the Treaty establishing the European Community, a qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in the said Article 148(2). The unanimity of the members of the Council, with the exception of a member which has not made such a notification, shall be necessary for decisions of the Council which must be adopted unanimously. A measure adopted under this paragraph shall be binding upon all Member States which took part in its adoption. 2. If after a reasonable period of time a measure referred to in paragraph 1 cannot be adopted with the United Kingdom or Ireland taking part, the Council may adopt such measure in accordance with Article 1 without the participation of the United Kingdom or Ireland. In that case Article 2 applies. Article 4 The United Kingdom or Ireland may at any time after the adoption of a measure by the Council pursuant to Title IIIa of the Treaty establishing the European Community notify its intention to the Council and to the Commission that it wishes to accept that measure. In that case, the procedure provided for in Article 5a(3) of the Treaty establishing the European Community shall apply mutatis mutandis. Article 5 A Member State which is not bound by a measure adopted pursuant to Title IIIa of the Treaty establishing the European Community shall bear no financial consequences of that measure other than administrative costs entailed for the institutions. Article 6 Where, in cases referred to in this Protocol, the United Kingdom or Ireland is bound by a measure adopted by the Council pursuant to Title IIIa of the Treaty establishing the European Community, the relevant provisions of that Treaty, including Article 73p, shall apply to that State in relation to that measure. Article 7 Articles 3 and 4 shall be without prejudice to the Protocol integrating the Schengen acquis into the framework of the European Union. Article 8 Ireland may notify the President of the Council in writing that it no longer wishes to be covered by the terms of this Protocol. In that case, the normal treaty provisions will apply to Ireland. Protocol on the position of Denmark THE HIGH CONTRACTING PARTIES, RECALLING the Decision of the Heads of State or Government, meeting within the European Council at Edinburgh on 12 December 1992, concerning certain problems raised by Denmark on the Treaty on European Union, HAVING NOTED the position of Denmark with regard to Citizenship, Economic and Monetary Union, Defence Policy and Justice and Home Affairs as laid down in the Edinburgh Decision, BEARING IN MIND Article 3 of the Protocol integrating the Schengen acquis into the framework of the European Union, HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty establishing the European Community and to the Treaty on European Union, PART I Article 1 Denmark shall not take part in the adoption by the Council of proposed measures pursuant to Title IIIa of the Treaty establishing the European Community. By way of derogation from Article 148(2) of the Treaty establishing the European Community, a qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in the said Article 148(2). The unanimity of the members of the Council, with the exception of the representative of the government of Denmark, shall be necessary for the decisions of the Council which must be adopted unanimously. Article 2 None of the provisions of Title IIIa of the Treaty establishing the European Community, no measure adopted pursuant to that Title, no provision of any international agreement concluded by the Community pursuant to that Title, and no decision of the Court of Justice interpreting any such provision or measure shall be binding upon or applicable in Denmark; and no such provision, measure or decision shall in any way affect the competences, rights and obligations of Denmark; and no such provision, measure or decision shall in any way affect the acquis communautaire nor form part of Community law as they apply to Denmark. Article 3 Denmark shall bear no financial consequences of measures referred to in Article 1, other than administrative costs entailed for the institutions. Article 4 Articles 1, 2 and 3 shall not apply to measures determining the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States, or measures relating to a uniform format for visas. Article 5 1. Denmark shall decide within a period of 6 months after the Council has decided on a proposal or initiative to build upon the Schengen acquis under the provisions of Title IIIa of the Treaty establishing the European Community, whether it will implement this decision in its national law. If it decides to do so, this decision will create an obligation under international law between Denmark and the other Member States referred to in Article 1 of the Protocol integrating the Schengen acquis into the framework of the European Union as well as Ireland or the United Kingdom if those Member States take part in the areas of cooperation in question. 2. If Denmark decides not to implement a decision of the Council as referred to in paragraph 1, the Member States referred to in Article 1 of the Protocol integrating the Schengen acquis into the framework of the European Union will consider appropriate measures to be taken. PART II Article 6 With regard to measures adopted by the Council in the field of Articles J.3(1) and J.7 of the Treaty on European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications, but will not prevent the development of closer cooperation between Member States in this area. Therefore Denmark shall not participate in their adoption. Denmark shall not be obliged to contribute to the financing of operational expenditure arising from such measures. PART III Article 7 At any time Denmark may, in accordance with its constitutional requirements, inform the other Member States that it no longer wishes to avail itself of all or part of this Protocol. In that event, Denmark will apply in full all relevant measures then in force taken within the framework of the European Union. C. PROTOCOLS ANNEXED TO THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY Protocol on asylum for nationals of Member States of the European Union THE HIGH CONTRACTING PARTIES, WHEREAS pursuant to the provisions of Article F(2) of the Treaty on European Union the Union shall respect fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950; WHEREAS the Court of Justice of the European Communities has jurisdiction to ensure that in the interpretation and application of Article F(2) of the Treaty on European Union the law is observed by the European Community; WHEREAS pursuant to Article O of the Treaty on European Union any European State, when applying to become a Member of the Union, must respect the principles set out in Article F(1) of the Treaty on European Union; BEARING IN MIND that Article 236 of the Treaty establishing the European Community establishes a mechanism for the suspension of certain rights in the event of a serious and persistent breach by a Member State of those principles; RECALLING that each national of a Member State, as a citizen of the Union, enjoys a special status and protection which shall be guaranteed by the Member States in accordance with the provisions of Part Two of the Treaty establishing the European Community; BEARING IN MIND that the Treaty establishing the European Community establishes an area without internal frontiers and grants every citizen of the Union the right to move and reside freely within the territory of the Member States; RECALLING that the question of extradition of nationals of Member States of the Union is addressed in the European Convention on Extradition of 13 December 1957 and the Convention of 27 September 1996 drawn up on the basis of Article K.3 of the Treaty on European Union relating to extradition between the Member States of the European Union; WISHING to prevent the institution of asylum being resorted to for purposes alien to those for which it is intended; WHEREAS this Protocol respects the finality and the objectives of the Geneva Convention of 28 July 1951 relating to the status of refugees; HAVE AGREED UPON the following provisions which shall be annexed to the Treaty establishing the European Community, Sole Article Given the level of protection of fundamental rights and freedoms by the Member States of the European Union, Member States shall be regarded as constituting safe countries of origin in respect of each other for all legal and practical purposes in relation to asylum matters. Accordingly, any application for asylum made by a national of a Member State may be taken into consideration or declared admissible for processing by another Member State only in the following cases: (a) if the Member State of which the applicant is a national proceeds after the entry into force of the Treaty of Amsterdam, availing itself of the provisions of Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to take measures derogating in its territory from its obligations under that Convention; (b) if the procedure referred to in Article F.1(1) of the Treaty on European Union has been initiated and until the Council takes a decision in respect thereof; (c) if the Council, acting on the basis of Article F.1(1) of the Treaty on European Union, has determined, in respect of the Member State which the applicant is a national, the existence of a serious and persistent breach by that Member State of principles mentioned in Article F(1); (d) if a Member State should so decide unilaterally in respect of the application of a national of another Member State; in that case the Council shall be immediately informed; the application shall be dealt with on the basis of the presumption that it is manifestly unfounded without affecting in any way, whatever the cases may be, the decision-making power of the Member State. Protocol on the application of the principles of subsidiarity and proportionality THE HIGH CONTRACTING PARTIES, DETERMINED to establish the conditions for the application of the principles of subsidiarity and proportionality enshrined in Article 3b of the Treaty establishing the European Community with a view to defining more precisely the criteria for applying them and to ensure their strict observance and consistent implementation by all institutions; WISHING to ensure that decisions are taken as closely as possible to the citizens of the Union; TAKING ACCOUNT of the Interinstitutional Agreement of 25 October 1993 between the European Parliament, the Council and the Commission on procedures for implementing the principle of subsidiarity; HAVE CONFIRMED that the conclusions of the Birmingham European Council on 16 October 1992 and the overall approach to the application of the subsidiarity principle agreed by the European Council meeting in Edinburgh on 11-12 December 1992 will continue to guide the action of the Union's institutions as well as the development of the application of the principle of subsidiarity, and, for this purpose, HAVE AGREED UPON the following provisions which shall be annexed to the Treaty establishing the European Community: (1) In exercising the powers conferred on it, each institution shall ensure that the principle of subsidiarity is complied with. It shall also ensure compliance with the principle of proportionality, according to which any action by the Community shall not go beyond what is necessary to achieve the objectives of the Treaty. (2) The application of the principles of subsidiarity and proportionality shall respect the general provisions and the objectives of the Treaty, particularly as regards the maintaining in full of the acquis communautaire and the institutional balance; it shall not affect the principles developed by the Court of Justice regarding the relationship between national and Community law, and it should take into account Article F(4) of the Treaty on European Union, according to which `the Union shall provide itself with the means necessary to attain its objectives and carry through its policies'. (3) The principle of subsidiarity does not call into question the powers conferred on the European Community by the Treaty, as interpreted by the Court of Justice. The criteria referred to in the second paragraph of Article 3b of the Treaty shall relate to areas for which the Community does not have exclusive competence. The principle of subsidiarity provides a guide as to how those powers are to be exercised at the Community level. Subsidiarity is a dynamic concept and should be applied in the light of the objectives set out in the Treaty. It allows Community action within the limits of its powers to be expanded where circumstances so require, and conversely, to be restricted or discontinued where it is no longer justified. (4) For any proposed Community legislation, the reasons on which it is based shall be stated with a view to justifying its compliance with the principles of subsidiarity and proportionality; the reasons for concluding that a Community objective can be better achieved by the Community must be substantiated by qualitative or, wherever possible, quantitative indicators. (5) For Community action to be justified, both aspects of the subsidiarity principle shall be met: the objectives of the proposed action cannot be sufficiently achieved by Member States' action in the framework of their national constitutional system and can therefore be better achieved by action on the part of the Community. The following guidelines should be used in examining whether the abovementioned condition is fulfilled: - the issue under consideration has transnational aspects which cannot be satisfactorily regulated by action by Member States; - actions by Member States alone or lack of Community action would conflict with the requirements of the Treaty (such as the need to correct distortion of competition or avoid disguised restrictions on trade or strengthen economic and social cohesion) or would otherwise significantly damage Member States' interests; - action at Community level would produce clear benefits by reason of its scale or effects compared with action at the level of the Member States. (6) The form of Community action shall be as simple as possible, consistent with satisfactory achievement of the objective of the measure and the need for effective enforcement. The Community shall legislate only to the extent necessary. Other things being equal, directives should be preferred to regulations and framework directives to detailed measures. Directives as provided for in Article 189 of the Treaty, while binding upon each Member State to which they are addressed as to the result to be achieved, shall leave to the national authorities the choice of form and methods. (7) Regarding the nature and the extent of Community action, Community measures should leave as much scope for national decision as possible, consistent with securing the aim of the measure and observing the requirements of the Treaty. While respecting Community law, care should be taken to respect well established national arrangements and the organisation and working of Member States' legal systems. Where appropriate and subject to the need for proper enforcement, Community measures should provide Member States with alternative ways to achieve the objectives of the measures. (8) Where the application of the principle of subsidiarity leads to no action being taken by the Community, Member States are required in their action to comply with the general rules laid down in Article 5 of the Treaty, by taking all appropriate measures to ensure fulfilment of their obligations under the Treaty and by abstaining from any measure which could jeopardise the attainment of the objectives of the Treaty. (9) Without prejudice to its right of initiative, the Commission should: - except in cases of particular urgency or confidentiality, consult widely before proposing legislation and, wherever appropriate, publish consultation documents; - justify the relevance of its proposals with regard to the principle of subsidiarity; whenever necessary, the explanatory memorandum accompanying a proposal will give details in this respect. The financing of Community action in whole or in part from the Community budget shall require an explanation; - take duly into account the need for any burden, whether financial or administrative, falling upon the Community, national governments, local authorities, economic operators and citizens, to be minimised and proportionate to the objective to be achieved; - submit an annual report to the European Council, the European Parliament and the Council on the application of Article 3b of the Treaty. This annual report shall also be sent to the Committee of the Regions and to the Economic and Social Committee. (10) The European Council shall take account of the Commission report referred to in the fourth indent of point 9 within the report on the progress achieved by the Union which it is required to submit to the European Parliament in accordance with Article D of the Treaty on European Union. (11) While fully observing the procedures applicable, the European Parliament and the Council shall, as an integral part of the overall examination of Commission proposals, consider their consistency with Article 3b of the Treaty. This concerns the original Commission proposal as well as amendments which the European Parliament and the Council envisage making to the proposal. (12) In the course of the procedures referred to in Articles 189b and 189c of the Treaty, the European Parliament shall be informed of the Council's position on the application of Article 3b of the Treaty, by way of a statement of the reasons which led the Council to adopt its common position. The Council shall inform the European Parliament of the reasons on the basis of which all or part of a Commission proposal is deemed to be inconsistent with Article 3b of the Treaty. (13) Compliance with the principle of subsidiarity shall be reviewed in accordance with the rules laid down by the Treaty. Protocol on external relations of the Member States with regard to the crossing of external borders THE HIGH CONTRACTING PARTIES, TAKING INTO ACCOUNT the need of the Member States to ensure effective controls at their external borders, in cooperation with third countries where appropriate, HAVE AGREED UPON the following provision, which shall be annexed to the Treaty establishing the European Community, The provisions on the measures on the crossing of external borders included in Article 73j(2)(a) of Title IIIa of the Treaty shall be without prejudice to the competence of Member States to negotiate or conclude agreements with third countries as long as they respect Community law and other relevant international agreements. Protocol on the system of public broadcasting in the Member States THE HIGH CONTRACTING PARTIES, CONSIDERING that the system of public broadcasting in the Member States is directly related to the democratic, social and cultural needs of each society and to the need to preserve media pluralism, HAVE AGREED UPON the following interpretative provisions, which shall be annexed to the Treaty establishing the European Community, The provisions of the Treaty establishing the European Community shall be without prejudice to the competence of Member States to provide for the funding of public service broadcasting insofar as such funding is granted to broadcasting organisations for the fulfilment of the public service remit as conferred, defined and organised by each Member State, and insofar as such funding does not affect trading conditions and competition in the Community to an extent which would be contrary to the common interest, while the realisation of the remit of that public service shall be taken into account. Protocol on protection and welfare of animals THE HIGH CONTRACTING PARTIES, DESIRING to ensure improved protection and respect for the welfare of animals as sentient beings, HAVE AGREED UPON the following provision which shall be annexed to the Treaty establishing the European Community, In formulating and implementing the Community's agriculture, transport, internal market and research policies, the Community and the Member States shall pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage. D. PROTOCOLS ANNEXED TO THE TREATY ON EUROPEAN UNION AND THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY Protocol on the institutions with the prospect of enlargement of the European Union THE HIGH CONTRACTING PARTIES, HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaties establishing the European Communities, Article 1 At the date of entry into force of the first enlargement of the Union, notwithstanding Article 157(1) of the Treaty establishing the European Community, Article 9(1) of the Treaty establishing the European Coal and Steel Community and Article 126(1) of the Treaty establishing the European Atomic Energy Community, the Commission shall comprise one national of each of the Member States, provided that, by that date, the weighting of the votes in the Council has been modified, whether by re-weighting of the votes or by dual majority, in a manner acceptable to all Member States, taking into account all relevant elements, notably compensating those Member States which give up the possibility of nominating a second member of the Commission. Article 2 At least one year before the membership of the European Union exceeds twenty, a conference of representatives of the governments of the Member States shall be convened in order to carry out a comprehensive review of the provisions of the Treaties on the composition and functioning of the institutions. Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, HAVING REGARD to Article 216 of the Treaty establishing the European Community, Article 77 of the Treaty establishing the European Coal and Steel Community and Article 189 of the Treaty establishing the European Atomic Energy Community, HAVING REGARD to the Treaty on European Union, RECALLING AND CONFIRMING the Decision of 8 April 1965, and without prejudice to the decisions concerning the seat of future institutions, bodies and departments, HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and the Treaties establishing the European Communities, Sole Article (a) The European Parliament shall have its seat in Strasbourg where the 12 periods of monthly plenary sessions, including the budget session, shall be held. The periods of additional plenary sessions shall be held in Brussels. The committees of the European Parliament shall meet in Brussels. The General Secretariat of the European Parliament and its departments shall remain in Luxembourg. (b) The Council shall have its seat in Brussels. During the months of April, June and October, the Council shall hold its meetings in Luxembourg. (c) The Commission shall have its seat in Brussels. The departments listed in Articles 7, 8 and 9 of the Decision of 8 April 1965 shall be established in Luxembourg. (d) The Court of Justice and the Court of First Instance shall have their seats in Luxembourg. (e) The Court of Auditors shall have its seat in Luxembourg. (f) The Economic and Social Committee shall have its seat in Brussels. (g) The Committee of the Regions shall have its seat in Brussels. (h) The European Investment Bank shall have its seat in Luxembourg. (i) The European Monetary Institute and the European Central Bank shall have their seat in Frankfurt. (j) The European Police Office (Europol) shall have its seat in The Hague. Protocol on the role of national parliaments in the European Union THE HIGH CONTRACTING PARTIES, RECALLING that scrutiny by individual national parliaments of their own government in relation to the activities of the Union is a matter for the particular constitutional organisation and practice of each Member State, DESIRING, however, to encourage greater involvement of national parliaments in the activities of the European Union and to enhance their ability to express their views on 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 and the Treaties establishing the European Communities, I. INFORMATION FOR NATIONAL PARLIAMENTS OF MEMBER STATES 1. All Commission consultation documents (green and white papers and communications) shall be promptly forwarded to national parliaments of the Member States. 2. Commission proposals for legislation as defined by the Council in accordance with Article 151(3) of the Treaty establishing the European Community, shall be made available in good time so that the government of each Member State may ensure that its own national parliament receives them as appropriate. 3. A six-week period shall elapse between a legislative proposal or a proposal for a measure to be adopted under Title VI of the Treaty on European Union being made available in all languages to the European Parliament and the Council by the Commission and the date when it is placed on a Council agenda for decision either for the adoption of an act or for adoption of a common position pursuant to Article 189b or 189c of the Treaty establishing the European Community, subject to exceptions on grounds of urgency, the reasons for which shall be stated in the act or common position. II. THE CONFERENCE OF EUROPEAN AFFAIRS COMMITTEES 4. The Conference of European Affairs Committees, hereinafter referred to as COSAC, established in Paris on 16-17 November 1989, may make any contribution it deems appropriate for the attention of the institutions of the European Union, in particular on the basis of draft legal texts which representatives of governments of the Member States may decide by common accord to forward to it, in view of the nature of their subject matter. 5. COSAC may examine any legislative proposal or initiative in relation to the establishment of an area of freedom, security and justice which might have a direct bearing on the rights and freedoms of individuals. The European Parliament, the Council and the Commission shall be informed of any contribution made by COSAC under this point. 6. COSAC may address to the European Parliament, the Council and the Commission any contribution which it deems appropriate on the legislative activities of the Union, notably in relation to the application of the principle of subsidiarity, the area of freedom, security and justice as well as questions regarding fundamental rights. 7. Contributions made by COSAC shall in no way bind national parliaments or prejudge their position. FINAL ACT The CONFERENCE OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES convened in Turin on the twenty-ninth day of March in the year nineteen hundred and ninety-six to adopt by common accord the amendments to be made to the Treaty on European Union, the Treaties establishing respectively the European Community, the European Coal and Steel Community and the European Atomic Energy Community and certain related Acts has adopted the following texts: I. The Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts II. Protocols A. Protocol annexed to the Treaty on European Union: 1. Protocol on Article J.7 of the Treaty on European Union B. Protocols annexed to the Treaty on European Union and to the Treaty establishing the European Community: 2. Protocol integrating the Schengen acquis into the framework of the European Union 3. Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European Community to the United Kingdom and to Ireland 4. Protocol on the position of the United Kingdom and Ireland 5. Protocol on the position of Denmark C. Protocols annexed to the Treaty establishing the European Community: 6. Protocol on asylum for nationals of Member States of the European Union 7. Protocol on the application of the principles of subsidiarity and proportionality 8. Protocol on external relations of the Member States with regard to the crossing of external borders 9. Protocol on the system of public broadcasting in the Member States 10. Protocol on protection and welfare of animals D. Protocols annexed to the Treaty on European Union and to the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community 11. Protocol on the institutions with the prospect of enlargement of the European Union 12. Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol 13. Protocol on the role of national parliaments in the European Union III. Declarations The Conference adopted the following declarations annexed to this Final Act: 1. Declaration on the abolition of the death penalty 2. Declaration on enhanced cooperation between the European Union and the Western European Union 3. Declaration relating to Western European Union 4. Declaration on Articles J.14 and K.10 of the Treaty on European Union 5. Declaration on Article J.15 of the Treaty on European Union 6. Declaration on the establishment of a policy planning and early warning unit 7. Declaration on Article K.2 of the Treaty on European Union 8. Declaration on Article K.3(e) of the Treaty on European Union 9. Declaration on Article K.6(2) of the Treaty on European Union 10. Declaration on Article K.7 of the Treaty on European Union 11. Declaration on the status of churches and non-confessional organisations 12. Declaration on environmental impact assessments 13. Declaration on Article 7d of the Treaty establishing the European Community 14. Declaration on the repeal of Article 44 of the Treaty establishing the European Community 15. Declaration on the preservation of the level of protection and security provided by the Schengen acquis 16. Declaration on Article 73j(2)(b) of the Treaty establishing the European Community 17. Declaration on Article 73k of the Treaty establishing the European Community 18. Declaration on Article 73k(3)(a) of the Treaty establishing the European Community 19. Declaration on Article 73l(1) of the Treaty establishing the European Community 20. Declaration on Article 73m of the Treaty establishing the European Community 21. Declaration on Article 73o of the Treaty establishing the European Community 22. Declaration regarding persons with a disability 23. Declaration on incentive measures referred to in Article 109r of the Treaty establishing the European Community 24. Declaration on Article 109r of the Treaty establishing the European Community 25. Declaration on Article 118 of the Treaty establishing the European Community 26. Declaration on Article 118(2) of the Treaty establishing the European Community 27. Declaration on Article 118b(2) of the Treaty establishing the European Community 28. Declaration on Article 119(4) of the Treaty establishing the European Community 29. Declaration on sport 30. Declaration on island regions 31. Declaration relating to the Council Decision of 13 July 1987 32. Declaration on the organisation and functioning of the Commission 33. Declaration on Article 188c(3) of the Treaty establishing the European Community 34. Declaration on respect for time limits under the co-decision procedure 35. Declaration on Article 191a(1) of the Treaty establishing the European Community 36. Declaration on the Overseas Countries and Territories 37. Declaration on public credit institutions in Germany 38. Declaration on voluntary service activities 39. Declaration on the quality of the drafting of Community legislation 40. Declaration concerning the procedure for concluding international agreements by the European Coal and Steel Community 41. Declaration on the provisions relating to transparency, access to documents and the fight against fraud 42. Declaration on the consolidation of the Treaties 43. Declaration relating to the Protocol on the application of the principles of subsidiarity and proportionality 44. Declaration on Article 2 of the Protocol integrating the Schengen acquis into the framework of the European Union 45. Declaration on Article 4 of the Protocol integrating the Schengen acquis into the framework of the European Union 46. Declaration on Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union 47. Declaration on Article 6 of the Protocol integrating the Schengen acquis into the framework of the European Union 48. Declaration relating to the Protocol on asylum for nationals of Member States of the European Union 49. Declaration relating to subparagraph (d) of the Sole Article of the Protocol on asylum for nationals of Member States of the European Union 50. Declaration relating to the Protocol on the institutions with the prospect of enlargement of the European Union 51. Declaration on Article 10 of the Treaty of Amsterdam The Conference also took note of the following declarations annexed to this Final Act: 1. Declaration by Austria and Luxembourg on credit institutions 2. Declaration by Denmark relating to Article K.14 of the Treaty on European Union 3. Declaration by Germany, Austria and Belgium on subsidiarity 4. Declaration by Ireland on Article 3 of the Protocol on the position of the United Kingdom and Ireland 5. Declaration by Belgium on the Protocol on asylum for nationals of Member States of the European Union 6. Declaration by Belgium, France and Italy on the Protocol on the institutions with the prospect of enlargement of the European Union 7. Declaration by France concerning the situation of the overseas departments in the light of the Protocol integrating the Schengen acquis into the framework of the European Union 8. Declaration by Greece concerning the Declaration on the status of churches and non-confessional organisations Finally, the Conference agreed to attach, for illustrative purposes, to this Final Act the texts of the Treaty on European Union and the Treaty establishing the European Community, as they result from the amendments made by the Conference. Hecho en Amsterdam, el dos de octubre de mil novecientos noventa y siete. Udfaerdiget i Amsterdam, den anden oktober nittenhundrede og syvoghalvfems. Geschehen zu Amsterdam am zweiten Oktober neunzehnhundertsiebenundneunzig. E'gine sto A'msterntam, sti*s du%o Oktwbri'ou tou e'tou*s xi'lia enniako'sia eneny%nta epta'. Done at Amsterdam this second day of October in the year one thousand nine hundred and ninety-seven. Fait `a Amsterdam, le deux octobre de l'an mil neuf cent quatre-vingt-dix-sept. Arna dheanamh in Amstardam ar an dara la de Dheireadh Fomhair sa bhliain mile naoi gcead nocha a seacht. Fatto ad Amsterdam, add`i due ottobre millenovecentonovantasette. Gedaan te Amsterdam, de tweede oktober negentienhonderd zevenennegentig. Feito em Amesterdao, em dois de Outubro de mil novecentos e noventa e sete. Tehty Amsterdamissa 2 paeivaenae lokakuuta vuonna tuhatyhdeksaensataayhdeksaenkymmentaeseitsemaen. Utfaerdat i Amsterdam den andra oktober aar nittonhundranittiosju. Pour Sa Majeste le Roi des Belges Voor Zijne Majesteit de Koning der Belgen Fuer Seine Majestaet den Koenig der Belgier ***IMAGE*** Cette signature engage egalement la Communaute franc,aise, la Communaute flamande, la Communaute germanophone, la Region wallonne, la Region flamande et la Region de Bruxelles-Capitale. Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest. Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flaemische Gemeinschaft, die Franzoesische Gemeinschaft, die Wallonische Region, die Flaemische Region und die Region Bruessel-Hauptstadt. For Hendes Majestaet Danmarks Dronning ***IMAGE*** Fuer den Praesidenten der Bundesrepublik Deutschland ***IMAGE*** Gia ton Pro'edro ty*s Ellyniky%*s Dymokrati'a*s ***IMAGE*** Por Su Majestad el Rey de Espana ***IMAGE*** Pour le President de la Republique franc,aise ***IMAGE*** Thar ceann an Choimisiuin arna udaru le hAirteagal 14 de Bhunreacht na hEireann chun cumhachtai agus feidhmeanna Uachtaran na hEireann a oibriu agus a chomhlionadh For the Commission authorised by Article 14 of the Constitution of Ireland to exercise and perform the powers and functions of the President of Ireland ***IMAGE*** Per il Presidente della Repubblica italiana ***IMAGE*** Pour Son Altesse Royale le Grand-Duc de Luxembourg ***IMAGE*** Voor Hare Majesteit de Koningin der Nederlanden ***IMAGE*** Fuer den Bundespraesidenten der Republik Oesterreich ***IMAGE*** Pelo Presidente da Republica Portuguesa ***IMAGE*** Suomen Tasavallan Presidentin puolesta Foer Republiken Finlands President ***IMAGE*** Foer Hans Majestaet Konungen av Sverige ***IMAGE*** For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland ***IMAGE*** DECLARATIONS ADOPTED BY THE CONFERENCE 1. Declaration on the abolition of the death penalty With reference to Article F(2) of the Treaty on European Union, the Conference recalls that Protocol No.No 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950, and which has been signed and ratified by a large majority of Member States, provides for the abolition of the death penalty. In this context, the Conference notes the fact that since the signature of the abovementioned Protocol on 28 April 1983, the death penalty has been abolished in most of the Member States of the Union and has not been applied in any of them. 2. Declaration on enhanced cooperation between the European Union and the Western European Union With a view to enhanced cooperation between the European Union and the Western European Union, the Conference invites the Council to seek the early adoption of appropriate arrangements for the security clearance of the personnel of the General Secretariat of the Council. 3. Declaration relating to Western European Union The Conference notes the following Declaration, adopted by the Council of Ministers of the Western European Union on 22 July 1997 `DECLARATION OF WESTERN EUROPEAN UNION ON THE ROLE OF WESTERN EUROPEAN UNION AND ITS RELATIONS WITH THE EUROPEAN UNION AND WITH THE ATLANTIC ALLIANCE INTRODUCTION 1. The Western European Union (WEU) Member States agreed at Maastricht in 1991 on the need to develop a genuine European Security and Defence Identity (ESDI) and to assume a greater European responsibility for defence matters. In the light of the Treaty of Amsterdam, they reaffirm the importance of continuing and strengthening these efforts. WEU is an integral part of the development of the European Union (EU) providing the Union with access to an operational capability, notably in the context of the Petersberg tasks and is an essential element of the development of the ESDI within the Atlantic Alliance in accordance with the Paris Declaration and with the decisions taken by NATO ministers in Berlin. 2. Today the WEU Council brings together all the Member States of the European Union and all the European Members of the Atlantic Alliance in accordance with their respective status. The Council also brings together those States with the Central and Eastern European States linked to the European Union by an Association Agreement and that are applicants for accession to both the European Union and the Atlantic Alliance. WEU is thus establishing itself as a genuine framework for dialogue and cooperation among Europeans on wider European security and defence issues. 3. In this context, WEU takes note of Title V of the Treaty on European Union regarding the EU's common foreign and security policy, in particular Articles J.3(1), J.7 and the Protocol to Article J.7, which read as follows: Article J.3(1) "1. The European Council shall define the principles and general guidelines for the common foreign and security policy, including for matters with defence implications." Article J.7 "1. The common foreign and security policy shall include all questions relating to the security of the Union, including the progressive framing of a common defence policy, in accordance with the second subparagraph, which might lead to a common defence, should the European Council so decide. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements. The Western European Union (WEU) is an integral part of the development of the Union providing the Union with access to an operational capability notably in the context of paragraph 2. It supports the Union in framing the defence aspects of the common foreign and security policy as set out in this Article. The Union shall accordingly foster closer institutional relations with the WEU with a view to the possibility of the integration of the WEU into the Union, should the European Council so decide. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements. The policy of the Union in accordance with this Article shall not prejudice the specific character of the security and defence policy of certain Member States and shall respect the obligations of certain Member States, which see their common defence realised in the North Atlantic Treaty Organisation (NATO), under the North Atlantic Treaty and be compatible with the common security and defence policy established within that framework. The progressive framing of a common defence policy will be supported, as Member States consider appropriate, by cooperation between them in the field of armaments. 2. Questions referred to in this Article shall include humanitarian and rescue tasks, peace-keeping tasks and tasks of combat forces in crisis management, including peace making. 3. The Union will avail itself of the WEU to elaborate and implement decisions and actions of the Union which have defence implications. The competence of the European Council to establish guidelines in accordance with Article J.3 shall also obtain in respect of the WEU for those matters for which the Union avails itself of the WEU. When the Union avails itself of the WEU to elaborate and implement decisions of the Union on the tasks referred to in paragraph 2, all Member States of the Union shall be entitled to participate fully in the tasks in question. The Council, in agreement with the institutions of the WEU, shall adopt the necessary practical arrangements to allow all Member States contributing to the tasks in question to participate fully and on an equal footing in planning and decision-taking in the WEU. Decisions having defence implications dealt with under this paragraph shall be taken without prejudice to the policies and obligations referred to in paragraph 1, third subparagraph. 4. The provisions of this Article shall not prevent the development of closer cooperation between two or more Member States on a bilateral level, in the framework of the WEU and the Atlantic Alliance, provided such cooperation does not run counter to or impede that provided for in this Title. 5. With a view to furthering the objectives of this Article, the provisions of this Article will be reviewed in accordance with Article N." Protocol on Article J.7 "THE HIGH CONTRACTING PARTIES, BEARING IN MIND the need to implement fully the provisions of Article J.7(1), second subparagraph, and (3) of the Treaty on European Union, BEARING IN MIND that the policy of the Union in accordance with Article J.7 shall not prejudice the specific character of the security and defence policy of certain Member States and shall respect the obligations of certain Member States, which see their common defence realised in NATO, under the North Atlantic Treaty and be compatible with the common security and defence policy established within that framework, HAVE AGREED UPON the following provision, which is annexed to the Treaty on European Union, The European Union shall draw up, together with the Western European Union, arrangements for enhanced cooperation between them, within a year from the entry into force of the Treaty of Amsterdam." A. WEU's RELATIONS WITH THE EUROPEAN UNION: ACCOMPANYING THE IMPLEMENTATION OF THE TREATY OF AMSTERDAM 4. In the "Declaration on the Role of the Western European Union and its Relations with the European Union and with the Atlantic Alliance" of 10 December 1991, WEU Member States set as their objective "to build up WEU in stages as the defence component of the European Union". They today reaffirm this aim as developed by the Treaty of Amsterdam. 5. When the Union avails itself of WEU, WEU will elaborate and implement decisions and actions of the EU which have defence implications. In elaborating and implementing decisions and actions of the EU for which the Union avails itself of WEU, WEU will act consistently with guidelines established by the European Council. WEU supports the Union in framing the defence aspects of the European Union Common Foreign and Security Policy as set out in Article J.7 of the Treaty on European Union. 6. WEU confirms that when the European Union avails itself of WEU to elaborate and implement decisions of the Union on the tasks referred to in Article J.7(2) of the Treaty on European Union, all Member States of the Union shall be entitled to participate fully in the tasks in question in accordance with Article J.7(3) of the Treaty on European Union. WEU will develop the role of the Observers in WEU in line with provisions contained in Article J.7(3) and will adopt the necessary practical arrangements to allow all Member States of the EU contributing to the tasks undertaken by WEU at the request of the EU to participate fully and on an equal footing in planning and decision-taking in the WEU. 7. Consistent with the Protocol on Article J.7 of the Treaty on European Union, WEU shall draw up, together with the European Union, arrangements for enhanced cooperation between them. In this regard, a range of measures, on some of which work is already at hand in WEU, can be taken forward now, such as: - arrangements for improving the coordination of the consultation and decision-making processes of the respective Organisations, in particular in crisis situations; - holding of joint meetings of the relevant bodies of the two Organisations; - harmonisation as much as possible of the sequence of the Presidencies of WEU and the EU, as well as the administrative rules and practices of the two Organisations; - close coordination of the work of the staff of the Secretariat-General of the WEU and the General Secretariat of the Council of the EU, including through the exchange and secondment of personnel; - arrangements to allow the relevant bodies of the EU, including its Policy Planning and Early Warning Unit, to draw on the resources of WEU's Planning Cell, Situation Centre and Satellite Centre; - cooperation in the field of armaments, as appropriate, within the framework of the Western European Armaments Group (WEAG), as the European forum for armaments cooperation, the EU and WEU in the context of rationalisation of the European armaments market and the establishment of a European Armaments Agency; - practical arrangements for ensuring cooperation with the European Commission reflecting its role in the CFSP as defined in the revised Treaty on European Union; - improved security arrangements with the European Union. B. RELATIONS BETWEEN WEU AND NATO IN THE FRAMEWORK OF THE DEVELOPMENT OF AN ESDI WITHIN THE ATLANTIC ALLIANCE 8. The Atlantic Alliance continues to be the basis of collective defence under the North Atlantic Treaty. It remains the essential forum for consultation among Allies and the framework in which they agree on policies bearing on their security and defence commitments under the Washington Treaty. The Alliance has embarked on a process of adaptation and reform so that it can more effectively carry out the full range of its missions. This process is aimed at strengthening and renewing the transatlantic partnership, including building an ESDI within the Alliance. 9. WEU is an essential element of the development of the European Security and Defence Identity within the Atlantic Alliance and will accordingly continue its efforts to strengthen institutional and practical cooperation with NATO. 10. In addition to its support for the common defence enshrined in Article 5 of the Washington Treaty and Article V of the modified Brussels Treaty, WEU takes an active role in conflict prevention and crisis management as provided for in the Petersberg Declaration. In this context, WEU undertakes to perform its role to the full, respecting the full transparency and complementarity between the two Organisations. 11. WEU affirms that this identity will be grounded on sound military principles and supported by appropriate military planning and will permit the creation of militarily coherent and effective forces capable of operating under the political control and strategic direction of WEU. 12. To this end, WEU will develop its cooperation with NATO, in particular in the following fields: - mechanisms for consultation between WEU and NATO in the context of a crisis; - WEU's active involvement in the NATO defence planning process; - operational links between WEU and NATO for the planning, preparation and conduct of operations using NATO assets and capabilities under the political control and strategic direction of WEU, including: - military planning, conducted by NATO in coordination with WEU, and exercises; - a framework agreement on the transfer, monitoring and return of NATO assets and capabilities; - liaison between WEU and NATO in the context of European command arrangements. This cooperation will continue to evolve, also taking account of the adaptation of the Alliance. C. WEU's OPERATIONAL ROLE IN THE DEVELOPMENT OF THE ESDI 13. WEU will develop its role as the European politico-military body for crisis management, by using the assets and capabilities made available by WEU nations on a national or multinational basis, and having recourse, when appropriate, to NATO's assets and capabilities under arrangements being worked out. In this context, WEU will also support the UN and OSCE in their crisis management tasks. WEU will contribute, in the framework of Article J.7 of the Treaty on European Union, to the progressive framing of a common defence policy and carry forward its concrete implementation through the further development of its own operational role. 14. To this end, WEU will take forward work in the following fields: - WEU has developed crisis management mechanisms and procedures which will be updated as WEU gains experience through exercises and operations. The implementation of Petersberg missions calls for flexible modes of action geared to the diversity of crisis situations and making optimum use of the available capabilities including through recourse to national headquarters, which might be one provided by a framework nation, or to multinational headquarters answerable to WEU or to NATO assets and capabilities; - WEU has already worked out Preliminary Conclusions on the Formulation of a Common European Defence Policy which is an initial contribution on the objectives, scope and means of a common European defence policy. WEU will continue this work on the basis in particular of the Paris Declaration and taking account of the relevant elements of the decisions of WEU and NATO summits and ministerial meetings since Birmingham. It will focus on the following fields: - definition of principles for the use of armed forces of the WEU States for WEU Petersberg operations in pursuit of common European security interests; - organisation of operational means for Petersberg tasks, such as generic and contingency planning and exercising, preparation and interoperability of forces, including through participation in the NATO defence planning process, as appropriate; - strategic mobility on the basis of its current work; - defence intelligence, through its Planning Cell, Situation Centre and Satellite Centre; - WEU has adopted many measures to strengthen its operational role (Planning Cell, Situation Centre, Satellite Centre). The improvement of the functioning of the military components at WEU Headquarters and the establishment, under the Council's authority, of a military committee will represent a further enhancement of structures which are important for the successful preparation and conduct of WEU operations; - with the aim of opening participation in all its operations to Associate Members and Observer States, WEU will also examine the necessary modalities to allow Associate Members and Observer States to participate fully in accordance with their status in all operations undertaken by WEU; - WEU recalls that Associate Members take part on the same basis as full members in operations to which they contribute, as well as in relevant exercises and planning. WEU will also examine the question of participation of the Observers as fully as possible in accordance with their status in planning and decision-taking within WEU in all operations to which they contribute; - WEU will, in consultation where appropriate with the relevant bodies, examine the possibilities for maximum participation in its activities by Associate Members and Observer States in accordance with their status. It will address in particular activities in the fields of armaments, space and military studies; - WEU will examine how to strengthen the Associate Partners' participation in an increasing number of activities.' 4. Declaration on Articles J.14 and K.10 of the Treaty on European Union The provisions of Articles J.14 and K.10 of the Treaty on European Union and any agreements resulting from them shall not imply any transfer of competence from the Member States to the European Union. 5. Declaration on Article J.15 of the Treaty on European Union The Conference agrees that Member States shall ensure that the Political Committee referred to in Article J.15 of the Treaty on European Union is able to meet at any time, in the event of international crises or other urgent matters, at very short notice at Political Director or deputy level. 6. Declaration on the establishment of a policy planning and early warning unit The Conference agrees that: 1. A policy planning and early warning unit shall be established in the General Secretariat of the Council under the responsibility of its Secretary-General, High Representative for the CFSP. Appropriate cooperation shall be established with the Commission in order to ensure full coherence with the Union's external economic and development policies. 2. The tasks of the unit shall include the following: (a) monitoring and analysing developments in areas relevant to the CFSP; (b) providing assessments of the Union's foreign and security policy interests and identifying areas where the CFSP could focus in future; (c) providing timely assessments and early warning of events or situations which may have significant repercussions for the Union's foreign and security policy, including potential political crises; (d) producing, at the request of either the Council or the Presidency or on its own initiative, argued policy options papers to be presented under the responsibility of the Presidency as a contribution to policy formulation in the Council, and which may contain analyses, recommendations and strategies for the CFSP. 3. The unit shall consist of personnel drawn from the General Secretariat, the Member States, the Commission and the WEU. 4. Any Member State or the Commission may make suggestions to the unit for work to be undertaken. 5. Member States and the Commission shall assist the policy planning process by providing, to the fullest extent possible, relevant information, including confidential information. 7. Declaration on Article K.2 of the Treaty on European Union Action in the field of police cooperation under Article K.2 of the Treaty on European Union, including activities of Europol, shall be subject to appropriate judicial review by the competent national authorities in accordance with rules applicable in each Member State. 8. Declaration on Article K.3(e) of the Treaty on European Union The Conference agrees that the provisions of Article K.3(e) of the Treaty on European Union shall not have the consequence of obliging a Member State whose legal system does not provide for minimum sentences to adopt them. 9. Declaration on Article K.6(2) of the Treaty on European Union The Conference agrees that initiatives for measures referred to in Article K.6(2) of the Treaty on European Union and acts adopted by the Council thereunder shall be published in the Official Journal of the European Communities, in accordance with the relevant Rules of Procedure of the Council and the Commission. 10. Declaration on Article K.7 of the Treaty on European Union The Conference notes that Member States may, when making a declaration pursuant to Article K.7(2) of the Treaty on European Union, reserve the right to make provisions in their national law to the effect that, where a question relating to the validity or interpretation of an act referred to in Article K.7(1) is raised in a case pending before a national court or tribunal against whose decision there is no judicial remedy under national law, that court or tribunal will be required to refer the matter to the Court of Justice. 11. Declaration on the status of churches and non-confessional organisations The European Union respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States. The European Union equally respects the status of philosophical and non-confessional organisations. 12. Declaration on environmental impact assessments The Conference notes that the Commission undertakes to prepare environmental impact assessment studies when making proposals which may have significant environmental implications. 13. Declaration on Article 7d of the Treaty establishing the European Community The provisions of Article 7d of the Treaty establishing the European Community on public services shall be implemented with full respect for the jurisprudence of the Court of Justice, inter alia as regards the principles of equality of treatment, quality and continuity of such services. 14. Declaration on the repeal of Article 44 of the Treaty establishing the European Community The repeal of Article 44 of the Treaty establishing the European Community, which contains a reference to a natural preference between Member States in the context of fixing minimum prices during the transitional period, has no effect on the principle of Community preference as defined by the case law of the Court of Justice. 15. Declaration on the preservation of the level of protection and security provided by the Schengen acquis The Conference agrees that measures to be adopted by the Council, which will have the effect of replacing provisions on the abolition of checks at common borders contained in the 1990 Schengen Convention, should provide at least the same level of protection and security as under the aforementioned provisions of the Schengen Convention. 16. Declaration on Article 73j(2)(b) of the Treaty establishing the European Community The Conference agrees that foreign policy considerations of the Union and the Member States shall be taken into account in the application of Article 73j(2)(b) of the Treaty establishing the European Community. 17. Declaration on Article 73k of the Treaty establishing the European Community Consultations shall be established with the United Nations High Commissioner for Refugees and other relevant international organisations on matters relating to asylum policy. 18. Declaration on Article 73k(3)(a) of the Treaty establishing the European Community The Conference agrees that Member States may negotiate and conclude agreements with third countries in the domains covered by Article 73k(3)(a) of the Treaty establishing the European Community as long as such agreements respect Community law. 19. Declaration on Article 73l(1) of the Treaty establishing the European Community The Conference agrees that Member States may take into account foreign policy considerations when exercising their responsibilities under Article 73l(1) of the Treaty establishing the European Community. 20. Declaration on Article 73m of the Treaty establishing the European Community Measures adopted pursuant to Article 73m of the Treaty establishing the European Community shall not prevent any Member State from applying its constitutional rules relating to freedom of the press and freedom of expression in other media. 21. Declaration on Article 73o of the Treaty establishing the European Community The Conference agrees that the Council will examine the elements of the decision referred to in Article 73o(2), second indent, of the Treaty establishing the European Community before the end of the five year period referred to in Article 73o with a view to taking and applying this decision immediately after the end of that period. 22. Declaration regarding persons with a disability The Conference agrees that, in drawing up measures under Article 100a of the Treaty establishing the European Community, the institutions of the Community shall take account of the needs of persons with a disability. 23. Declaration on incentive measures referred to in Article 109r of the Treaty establishing the European Community The Conference agrees that the incentive measures referred to in Article 109r of the Treaty establishing the European Community should always specify the following: - the grounds for taking them based on an objective assessment of their need and the existence of an added value at Community level; - their duration, which should not exceed five years; - the maximum amount for their financing, which should reflect the incentive nature of such measures. 24. Declaration on Article 109r of the Treaty establishing the European Community It is understood that any expenditure under Article 109r of the Treaty establishing the European Community will fall within Heading 3 of the financial perspectives. 25. Declaration on Article 118 of the Treaty establishing the European Community It is understood that any expenditure under Article 118 of the Treaty establishing the European Community will fall within Heading 3 of the financial perspectives. 26. Declaration on Article 118(2) of the Treaty establishing the European Community The High Contracting Parties note that in the discussions on Article 118(2) of the Treaty establishing the European Community it was agreed that the Community does not intend, in laying down minimum requirements for the protection of the safety and health of employees, to discriminate in a manner unjustified by the circumstances against employees in small and medium-sized undertakings. 27. Declaration on Article 118b(2) of the Treaty establishing the European Community The High Contracting Parties declare that the first of the arrangements for application of the agreements between management and labour at Community level - referred to in Article 118b(2) of the Treaty establishing the European Community - will consist in developing, by collective bargaining according to the rules of each Member State, the content of the agreements, and that consequently this arrangement implies no obligation on the Member States to apply the agreements directly or to work out rules for their transposition, nor any obligation to amend national legislation in force to facilitate their implementation. 28. Declaration on Article 119(4) of the Treaty establishing the European Community When adopting measures referred to in Article 119(4) of the Treaty establishing the European Community, Member States should, in the first instance, aim at improving the situation of women in working life. 29. Declaration on sport The Conference emphasises the social significance of sport, in particular its role in forging identity and bringing people together. The Conference therefore calls on the bodies of the European Union to listen to sports associations when important questions affecting sport are at issue. In this connection, special consideration should be given to the particular characteristics of amateur sport. 30. Declaration on island regions The Conference recognises that island regions suffer from structural handicaps linked to their island status, the permanence of which impairs their economic and social development. The Conference accordingly acknowledges that Community legislation must take account of these handicaps and that specific measures may be taken, where justified, in favour of these regions in order to integrate them better into the internal market on fair conditions. 31. Declaration relating to the Council Decision of 13 July 1987 The Conference calls on the Commission to submit to the Council by the end of 1998 at the latest a proposal to amend the Council decision of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission. 32. Declaration on the organisation and functioning of the Commission The Conference notes the Commission's intention to prepare a reorganization of tasks within the college in good time for the Commission which will take up office in 2000, in order to ensure an optimum division between conventional portfolios and specific tasks. In this context, it considers that the President of the Commission must enjoy broad discretion in the allocation of tasks within the college, as well as in any reshuffling of those tasks during a Commission's term of office. The Conference also notes the Commission's intention to undertake in parallel a corresponding reorganisation of its departments. It notes in particular the desirability of bringing external relations under the responsibility of a Vice-President. 33. Declaration on Article 188c(3) of the Treaty establishing the European Community The Conference invites the Court of Auditors, the European Investment Bank and the Commission to maintain in force the present Tripartite Agreement. If a succeeding or amending text is required by any party, they shall endeavour to reach agreement on such a text having regard to their respective interests. 34. Declaration on respect for time limits under the co-decision procedure The Conference calls on the European Parliament, the Council and the Commission to make every effort to ensure that the co-decision procedure operates as expeditiously as possible. It recalls the importance of strict respect for the deadlines set out in Article 189b of the Treaty establishing the European Community and confirms that recourse, provided for in paragraph 7 of that Article, to extension of the periods in question should be considered only when strictly necessary. In no case should the actual period between the second reading by the European Parliament and the outcome of the Conciliation Committee exceed nine months. 35. Declaration on Article 191a(1) of the Treaty establishing the European Community The Conference agrees that the principles and conditions referred to in Article 191a(1) of the Treaty establishing the European Community will allow a Member State to request the Commission or the Council not to communicate to third parties a document originating from that State without its prior agreement. 36. Declaration on the Overseas Countries and Territories The Conference recognises that the special arrangements for the association of the overseas countries and territories (OCTs) under Part Four of the Treaty establishing the European Community were designed for countries and territories that were numerous, covered vast areas and had large populations. The arrangements have changed little since 1957. The Conference notes that there are today only 20 OCTs and that they are extremely scattered island territories with a total population of approximately 900 000. Moreover, most OCTs lag far behind in structural terms, a fact linked to their particularly severe geographical and economic handicaps. In these circumstances, the special arrangements for association as they were conceived in 1957 can no longer deal effectively with the challenges of OCT development. The Conference solemnly restates that the purpose of association is to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Community as a whole. The Conference invites the Council, acting in accordance with the provisions of Article 136 of the Treaty establishing the European Community, to review the association arrangements by February 2000, with the fourfold objective of: - promoting the economic and social development of the OCTs more effectively; - developing economic relations between the OCTs and the European Union; - taking greater account of the diversity and specific characteristics of the individual OCTs, including aspects relating to freedom of establishment; - ensuring that the effectiveness of the financial instrument is improved. 37. Declaration on public credit institutions in Germany The Conference notes the Commission's opinion to the effect that the Community's existing competition rules allow services of general economic interest provided by public credit institutions existing in Germany and the facilities granted to them to compensate for the costs connected with such services to be taken into account in full. In this context, the way in which Germany enables local authorities to carry out their task of making available in their regions a comprehensive and efficient financial infrastructure is a matter for the organisation of that Member State. Such facilities may not adversely affect the conditions of competition to an extent beyond that required in order to perform these particular tasks and which is contrary to the interests of the Community. The Conference recalls that the European Council has invited the Commission to examine whether similar cases exist in the other Member States, to apply as appropriate the same standards on similar cases and to inform the Council in its ECOFIN formation. 38. Declaration on voluntary service activities The Conference recognises the important contribution made by voluntary service activities to developing social solidarity. The Community will encourage the European dimension of voluntary organisations with particular emphasis on the exchange of information and experiences as well as on the participation of the young and the elderly in voluntary work. 39. Declaration on the quality of the drafting of Community legislation The Conference notes that the quality of the drafting of Community legislation is crucial if it is to be properly implemented by the competent national authorities and better understood by the public and in business circles. It recalls the conclusions on this subject reached by the Presidency of the European Council in Edinburgh on 11 and 12 December 1992, as well as the Council Resolution on the quality of drafting of Community legislation adopted on 8 June 1993 (Official Journal of the European Communities, C 166 of 17 June 1993, p. 1). The Conference considers that the three institutions involved in the procedure for adopting Community legislation, the European Parliament, the Council and the Commission, should lay down guidelines on the quality of drafting of the said legislation. It also stresses that Community legislation should be made more accessible and welcomes in this regard the adoption and first implementation of an accelerated working method for official codification of legislative texts, established by the Interinstitutional Agreement of 20 December 1994 (Official Journal of the European Communities, C 102 of 4 April 1996, p. 2). Therefore, the Conference declares that the European Parliament, the Council and the Commission ought to: - establish by common accord guidelines for improving the quality of the drafting of Community legislation and follow those guidelines when considering proposals for Community legislation or draft legislation, taking the internal organisational measures they deem necessary to ensure that these guidelines are properly applied; - make their best efforts to accelerate the codification of legislative texts. 40. Declaration concerning the procedure for concluding international agreements by the European Coal and Steel Community The repeal of Article 14 of the Convention on the Transitional Provisions annexed to the Treaty establishing the European Coal and Steel Community does not alter existing practice concerning the procedure for the conclusion of international agreements by the European Coal and Steel Community. 41. Declaration on the provisions relating to transparency, access to documents and the fight against fraud The Conference considers that the European Parliament, the Council and the Commission, when they act in pursuance of the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community, should draw guidance from the provisions relating to transparency, access to documents and the fight against fraud in force within the framework of the Treaty establishing the European Community. 42. Declaration on the consolidation of the Treaties The High Contracting Parties agreed that the technical work begun during the course of this Intergovernmental Conference shall continue as speedily as possible with the aim of drafting a consolidation of all the relevant Treaties, including the Treaty on European Union. They agreed that the final results of this technical work, which shall be made public for illustrative purposes under the responsibility of the Secretary-General of the Council, shall have no legal value. 43. Declaration relating to the Protocol on the application of the principles of subsidiarity and proportionality The High Contracting Parties confirm, on the one hand, the Declaration on the implementation of Community law annexed to the Final Act of the Treaty on European Union and, on the other, the conclusions of the Essen European Council stating that the administrative implementation of Community law shall in principle be the responsibility of the Member States in accordance with their constitutional arrangements. This shall not affect the supervisory, monitoring and implementing powers of the Community Institutions as provided under Articles 145 and 155 of the Treaty establishing the European Community. 44. Declaration on Article 2 of the Protocol integrating the Schengen acquis into the framework of the European Union The High Contracting Parties agree that the Council shall adopt all the necessary measures referred to in Article 2 of the Protocol integrating the Schengen acquis into the framework of the European Union upon the date of entry into force of the Treaty of Amsterdam. To that end, the necessary preparatory work shall be undertaken in due time in order to be completed prior to that date. 45. Declaration on Article 4 of the Protocol integrating the Schengen acquis into the framework of the European Union The High Contracting Parties invite the Council to seek the opinion of the Commission before it decides on a request under Article 4 of the Protocol integrating the Schengen acquis into the framework of the European Union by Ireland or the United Kingdom of Great Britain and Northern Ireland to take part in some or all of the provisions of the Schengen acquis. They also undertake to make their best efforts with a view to allowing Ireland or the United Kingdom of Great Britain and Northern Ireland, if they so wish, to use the provisions of Article 4 of the said Protocol so that the Council may be in a position to take the decisions referred to in that Article upon the date of entry into force of that Protocol or at any time thereafter. 46. Declaration on Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union The High Contracting Parties undertake to make all efforts in order to make action among all Member States possible in the domains of the Schengen acquis, in particular whenever Ireland and the United Kingdom of Great Britain and Northern Ireland have accepted some or all of the provisions of that acquis in accordance with Article 4 of the Protocol integrating the Schengen acquis into the framework of the European Union. 47. Declaration on Article 6 of the Protocol integrating the Schengen acquis into the framework of the European Union The High Contracting Parties agree to take all necessary steps so that the Agreements referred to in Article 6 of the Protocol integrating the Schengen acquis into the framework of the European Union may enter into force on the same date as the date of entry into force of the Treaty of Amsterdam. 48. Declaration relating to the Protocol on asylum for nationals of Member States of the European Union The Protocol on asylum for nationals of Member States of the European Union does not prejudice the right of each Member State to take the organisational measures it deems necessary to fulfil its obligations under the Geneva Convention of 28 July 1951 relating to the status of refugees. 49. Declaration relating to subparagraph (d) of the Sole Article of the Protocol on asylum for nationals of Member States of the European Union The Conference declares that, while recognising the importance of the Resolution of the Ministers of the Member States of the European Communities responsible for immigration of 30 November/1 December 1992 on manifestly unfounded applications for asylum and of the Resolution of the Council of 20 June 1995 on minimum guarantees for asylum procedures, the question of abuse of asylum procedures and appropriate rapid procedures to dispense with manifestly unfounded applications for asylum should be further examined with a view to introducing new improvements in order to accelerate these procedures. 50. Declaration relating to the Protocol on the institutions with the prospect of enlargement of the European Union Until the entry into force of the first enlargement it is agreed that the decision of the Council of 29 March 1994 (`the Ioannina Compromise') will be extended and, by that date, a solution for the special case of Spain will be found. 51. Declaration on Article 10 of the Treaty of Amsterdam The Treaty of Amsterdam repeals and deletes lapsed provisions of the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community as they were in force before the entry into force of the Treaty of Amsterdam and adapts certain of their provisions, including the insertion of certain provisions of the Treaty establishing a single Council and a single Commission of the European Communities and the Act concerning the election of the representatives of the European Parliament by direct universal suffrage. Those operations do not affect the `acquis communautaire'. DECLARATIONS OF WHICH THE CONFERENCE TOOK NOTE 1. Declaration by Austria and Luxembourg on credit institutions Austria and Luxembourg consider that the Declaration on public credit institutions in Germany also applies to credit institutions in Austria and Luxembourg with a comparable organisational structure. 2. Declaration by Denmark on Article K.14 of the Treaty on European Union Article K.14 of the Treaty on European Union requires the unanimity of all members of the Council of the European Union, i.e. all Member States, for the adoption of any decision to apply the provisions of Title IIIa of the Treaty establishing the European Community on visas, asylum, immigration and other policies related to free movement of persons to action in areas referred to in Article K.1. Moreover, any unanimous decision of the Council, before coming into force, will have to be adopted in each Member State, in accordance with its constitutional requirements. In Denmark, such adoption will, in the case of a transfer of sovereignty, as defined in the Danish constitution, require either a majority of five sixths of members of the Folketing or both a majority of the members of the Folketing and a majority of voters in a referendum. 3. Declaration by Germany, Austria and Belgium on subsidiarity It is taken for granted by the German, Austrian and Belgian governments that action by the European Community in accordance with the principle of subsidiarity not only concerns the Member States but also their entities to the extent that they have their own law-making powers conferred on them under national constitutional law. 4. Declaration by Ireland on Article 3 of the Protocol on the position of the United Kingdom and Ireland Ireland declares that it intends to exercise its right under Article 3 of the Protocol on the position of the United Kingdom and Ireland to take part in the adoption of measures pursuant to Title IIIa of the Treaty establishing the European Community to the maximum extent compatible with the maintenance of its Common Travel Area with the United Kingdom. Ireland recalls that its participation in the Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European Community reflects its wish to maintain its Common Travel Area with the United Kingdom in order to maximise freedom of movement into and out of Ireland. 5. Declaration by Belgium on the Protocol on asylum for nationals of Member States of the European Union In approving the Protocol on asylum for nationals of Member States of the European Union, Belgium declares that, in accordance with its obligations under the 1951 Geneva Convention and the 1967 New York Protocol, it shall, in accordance with the provision set out in point (d) of the sole Article of that Protocol, carry out an individual examination of any asylum request made by a national of another Member State. 6. Declaration by Belgium, France and Italy on the Protocol on the institutions with the prospect of enlargement of the European Union Belgium, France and Italy observe that, on the basis of the results of the Intergovernmental Conference, the Treaty of Amsterdam does not meet the need, reaffirmed at the Madrid European Council, for substantial progress towards reinforcing the institutions. Those countries consider that such reinforcement is an indispensable condition for the conclusion of the first accession negotiations. They are determined to give the fullest effect appropriate to the Protocol as regards the composition of the Commission and the weighting of votes and consider that a significant extension of recourse to qualified majority voting forms part of the relevant factors which should be taken into account. 7. Declaration by France concerning the situation of the overseas departments in the light of the Protocol integrating the Schengen acquis into the framework of the European Union France considers that the implementation of the Protocol integrating the Schengen acquis into the framework of the European Union does not affect the geographical scope of the Convention implementing the Schengen Agreement of 14 June 1985 signed in Schengen on 19 June 1990, as it is defined by Article 138, first paragraph, of that Convention. 8. Declaration by Greece concerning the Declaration on the status of churches and non-confessional organisations With reference to the Declaration on the status of churches and non-confessional organisations, Greece recalls the Joint Declaration on Mount Athos annexed to the Final Act of the Treaty of Accession of Greece to the European Communities. CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN UNION (97/C 340/02) CONTENTS Page I. Text of the Treaty Preamble TITLE I - Common provisions .......... 152 TITLE II - Provisions amending the Treaty establishing the European Economic Community with a view to establishing the European Community .......... 154 TITLE III - Provisions amending the Treaty establishing the European Coal and Steel Community .......... 154 TITLE IV - Provisions amending the Treaty establishing the European Atomic Energy Community .......... 155 TITLE V - Provisions on a common foreign and security policy .......... 155 TITLE VI - Provisions on police and judicial cooperation in criminal matters .......... 162 TITLE VII - Provisions on closer cooperation .......... 169 TITLE VIII - Final provisions .......... 170 II. PROTOCOLS (text not reproduced) Note: The references to Treaty articles, titles and sections contained in the protocols are adapted in accordance with the tables of equivalence set out in the Annex to the Treaty of Amsterdam. Protocol annexed to the Treaty on European Union: - Protocol (No 1) on Article 17 of the Treaty on European Union (1997) Protocols annexed to the Treaty on European Union and to the Treaty establishing the European Community: - Protocol (No 2) integrating the Schengen acquis into the framework of the European Union (1997) - Protocol (No 3) on the application of certain aspects of Article 14 of the Treaty establishing the European Community to the United Kingdom and to Ireland (1997) - Protocol (No 4) on the position of the United Kingdom and Ireland (1997) - Protocol (No 5) on the position of Denmark (1997) Protocols annexed to the Treaty on European Union and to the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community: - Protocol (No 6) annexed to the Treaty on European Union and to the Treaties establishing the European Communities (1992) - Protocol (No 7) on the institutions with the prospect of enlargement of the European Union (1997) - Protocol (No 8) on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol (1997) - Protocol (No 9) on the role of national parliaments in the European Union (1997) HIS MAJESTY THE KING OF THE BELGIANS, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE HELLENIC REPUBLIC, HIS MAJESTY THE KING OF SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF IRELAND, THE PRESIDENT OF THE ITALIAN REPUBLIC, HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS, THE PRESIDENT OF THE PORTUGUESE REPUBLIC, HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, RESOLVED to mark a new stage in the process of European integration undertaken with the establishment of the European Communities, RECALLING the historic importance of the ending of the division of the European continent and the need to create firm bases for the construction of the future Europe, CONFIRMING their attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law, CONFIRMING their attachment to fundamental social rights as defined in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, DESIRING to deepen the solidarity between their peoples while respecting their history, their culture and their traditions, DESIRING to enhance further the democratic and efficient functioning of the institutions so as to enable them better to carry out, within a single institutional framework, the tasks entrusted to them, RESOLVED to achieve the strengthening and the convergence of their economies and to establish an economic and monetary union including, in accordance with the provisions of this Treaty, a single and stable currency, DETERMINED to promote economic and social progress for their peoples, taking into account the principle of sustainable development and within the context of the accomplishment of the internal market and of reinforced cohesion and environmental protection, and to implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields, RESOLVED to establish a citizenship common to nationals of their countries, RESOLVED to implement a common foreign and security policy including the progressive framing of a common defence policy, which might lead to a common defence in accordance with the provisions of Article 17, thereby reinforcing the European identity and its independence in order to promote peace, security and progress in Europe and in the world, RESOLVED to facilitate the free movement of persons, while ensuring the safety and security of their peoples, by establishing an area of freedom, security and justice, in accordance with the provisions of this Treaty, RESOLVED to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity, IN VIEW of further steps to be taken in order to advance European integration, HAVE DECIDED to establish a European Union and to this end have designated as their Plenipotentiaries: HIS MAJESTY THE KING OF THE BELGIANS: Mark EYSKENS, Minister for Foreign Affairs, Philippe MAYSTADT, Minister for Finance; HER MAJESTY THE QUEEN OF DENMARK: Uffe ELLEMANN-JENSEN, Minister for Foreign Affairs, Anders FOGH RASMUSSEN, Minister for Economic Affairs; THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY: Hans-Dietrich GENSCHER, Federal Minister for Foreign Affairs, Theodor WAIGEL, Federal Minister for Finance; THE PRESIDENT OF THE HELLENIC REPUBLIC: Antonios SAMARAS, Minister for Foreign Affairs, Efthymios CHRISTODOULOU, Minister for Economic Affairs; HIS MAJESTY THE KING OF SPAIN: Francisco FERNANDEZ ORDONEZ, Minister for Foreign Affairs, Carlos SOLCHAGA CATALAN, Minister for Economic Affairs and Finance; THE PRESIDENT OF THE FRENCH REPUBLIC: Roland DUMAS, Minister for Foreign Affairs, Pierre BEREGOVOY, Minister for Economic and Financial Affairs and the Budget; THE PRESIDENT OF IRELAND: Gerard COLLINS, Minister for Foreign Affairs, Bertie AHERN, Minister for Finance; THE PRESIDENT OF THE ITALIAN REPUBLIC: Gianni DE MICHELIS, Minister for Foreign Affairs, Guido CARLI, Minister for the Treasury; HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG: Jacques F. POOS, Deputy Prime Minister, Minister for Foreign Affairs, Jean-Claude JUNCKER, Minister for Finance; HER MAJESTY THE QUEEN OF THE NETHERLANDS: Hans VAN DEN BROEK, Minister for Foreign Affairs, Willem KOK, Minister for Finance; THE PRESIDENT OF THE PORTUGUESE REPUBLIC: Joao de Deus PINHEIRO, Minister for Foreign Affairs, Jorge BRAGA DE MACEDO, Minister for Finance; HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND: The Rt. Hon. Douglas HURD, Secretary of State for Foreign and Commonwealth Affairs, The Hon. Francis MAUDE, Financial Secretary to the Treasury; WHO, having exchanged their full powers, found in good and due form, have agreed as follows. TITLE I COMMON PROVISIONS Article 1 (ex Article A) By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN UNION, hereinafter called `the Union'. This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen. The Union shall be founded on the European Communities, supplemented by the policies and forms of cooperation established by this Treaty. Its task shall be to organise, in a manner demonstrating consistency and solidarity, relations between the Member States and between their peoples. Article 2 (ex Article B) The Union shall set itself the following objectives: - to promote economic and social progress and a high level of employment and to achieve balanced and sustainable development, in particular through the creation of an area without internal frontiers, through the strengthening of economic and social cohesion and through the establishment of economic and monetary union, ultimately including a single currency in accordance with the provisions of this Treaty; - to assert its identity on the international scene, in particular through the implementation of a common foreign and security policy including the progressive framing of a common defence policy, which might lead to a common defence, in accordance with the provisions of Article 17; - to strengthen the protection of the rights and interests of the nationals of its Member States through the introduction of a citizenship of the Union; - to maintain and develop the Union as an area of freedom, security and justice, in which the free movement of persons is assured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime; - to maintain in full the acquis communautaire and build on it with a view to considering to what extent the policies and forms of cooperation introduced by this Treaty may need to be revised with the aim of ensuring the effectiveness of the mechanisms and the institutions of the Community. The objectives of the Union shall be achieved as provided in this Treaty and in accordance with the conditions and the timetable set out therein while respecting the principle of subsidiarity as defined in Article 5 of the Treaty establishing the European Community. Article 3 (ex Article C) The Union shall be served by a single institutional framework which shall ensure the consistency and the continuity of the activities carried out in order to attain its objectives while respecting and building upon the acquis communautaire. The Union shall in particular ensure the consistency of its external activities as a whole in the context of its external relations, security, economic and development policies. The Council and the Commission shall be responsible for ensuring such consistency and shall cooperate to this end. They shall ensure the implementation of these policies, each in accordance with its respective powers. Article 4 (ex Article D) The European Council shall provide the Union with the necessary impetus for its development and shall define the general political guidelines thereof. The European Council shall bring together the Heads of State or Government of the Member States and the President of the Commission. They shall be assisted by the Ministers for Foreign Affairs of the Member States and by a Member of the Commission. The European Council shall meet at least twice a year, under the chairmanship of the Head of State or Government of the Member State which holds the Presidency of the Council. The European Council shall submit to the European Parliament a report after each of its meetings and a yearly written report on the progress achieved by the Union. Article 5 (ex Article E) The European Parliament, the Council, the Commission, the Court of Justice and the Court of Auditors shall exercise their powers under the conditions and for the purposes provided for, on the one hand, by the provisions of the Treaties establishing the European Communities and of the subsequent Treaties and Acts modifying and supplementing them and, on the other hand, by the other provisions of this Treaty. Article 6 (ex Article F) 1. The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States. 2. The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law. 3. The Union shall respect the national identities of its Member States. 4. The Union shall provide itself with the means necessary to attain its objectives and carry through its policies. Article 7 (ex Article F.1) 1. The Council, meeting in the composition of the Heads of State or Government and acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the assent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of principles mentioned in Article 6(1), after inviting the government of the Member State in question to submit its observations. 2. Where such a determination has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of this Treaty to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons. The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State. 3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 2 in response to changes in the situation which led to their being imposed. 4. For the purposes of this Article, the Council shall act without taking into account the vote of the representative of the government of the Member State in question. Abstentions by members present in person or represented shall not prevent the adoption of decisions referred to in paragraph 1. A qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in Article 205(2) of the Treaty establishing the European Community. This paragraph shall also apply in the event of voting rights being suspended pursuant to paragraph 2. 5. For the purposes of this Article, the European Parliament shall act by a two-thirds majority of the votes cast, representing a majority of its members. TITLE II PROVISIONS AMENDING THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY WITH A VIEW TO ESTABLISHING THE EUROPEAN COMMUNITY Article 8 (ex Article G) (not reproduced) TITLE III PROVISIONS AMENDING THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY Article 9 (ex Article H) (not reproduced) TITLE IV PROVISIONS AMENDING THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY Article 10 (ex Article I) (not reproduced) TITLE V PROVISIONS ON A COMMON FOREIGN AND SECURITY POLICY Article 11 (ex Article J.1) 1. The Union shall define and implement a common foreign and security policy covering all areas of foreign and security policy, the objectives of which shall be: - to safeguard the common values, fundamental interests, independence and integrity of the Union in conformity with the principles of the United Nations Charter; - to strengthen the security of the Union in all ways; - to preserve peace and strengthen international security, in accordance with the principles of the United Nations Charter, as well as the principles of the Helsinki Final Act and the objectives of the Paris Charter, including those on external borders; - to promote international cooperation; - to develop and consolidate democracy and the rule of law, and respect for human rights and fundamental freedoms. 2. The Member States shall support the Union's external and security policy actively and unreservedly in a spirit of loyalty and mutual solidarity. The Member States shall work together to enhance and develop their mutual political solidarity. They shall refrain from any action which is contrary to the interests of the Union or likely to impair its effectiveness as a cohesive force in international relations. The Council shall ensure that these principles are complied with. Article 12 (ex Article J.2) The Union shall pursue the objectives set out in Article 11 by: - defining the principles of and general guidelines for the common foreign and security policy; - deciding on common strategies; - adopting joint actions; - adopting common positions; - strengthening systematic cooperation between Member States in the conduct of policy. Article 13 (ex Article J.3) 1. The European Council shall define the principles of and general guidelines for the common foreign and security policy, including for matters with defence implications. 2. The European Council shall decide on common strategies to be implemented by the Union in areas where the Member States have important interests in common. Common strategies shall set out their objectives, duration and the means to be made available by the Union and the Member States. 3. The Council shall take the decisions necessary for defining and implementing the common foreign and security policy on the basis of the general guidelines defined by the European Council. The Council shall recommend common strategies to the European Council and shall implement them, in particular by adopting joint actions and common positions. The Council shall ensure the unity, consistency and effectiveness of action by the Union. Article 14 (ex Article J.4) 1. The Council shall adopt joint actions. Joint actions shall address specific situations where operational action by the Union is deemed to be required. They shall lay down their objectives, scope, the means to be made available to the Union, if necessary their duration, and the conditions for their implementation. 2. If there is a change in circumstances having a substantial effect on a question subject to joint action, the Council shall review the principles and objectives of that action and take the necessary decisions. As long as the Council has not acted, the joint action shall stand. 3. Joint actions shall commit the Member States in the positions they adopt and in the conduct of their activity. 4. The Council may request the Commission to submit to it any appropriate proposals relating to the common foreign and security policy to ensure the implementation of a joint action. 5. Whenever there is any plan to adopt a national position or take national action pursuant to a joint action, information shall be provided in time to allow, if necessary, for prior consultations within the Council. The obligation to provide prior information shall not apply to measures which are merely a national transposition of Council decisions. 6. In cases of imperative need arising from changes in the situation and failing a Council decision, Member States may take the necessary measures as a matter of urgency having regard to the general objectives of the joint action. The Member State concerned shall inform the Council immediately of any such measures. 7. Should there be any major difficulties in implementing a joint action, a Member State shall refer them to the Council which shall discuss them and seek appropriate solutions. Such solutions shall not run counter to the objectives of the joint action or impair its effectiveness. Article 15 (ex Article J.5) The Council shall adopt common positions. Common positions shall define the approach of the Union to a particular matter of a geographical or thematic nature. Member States shall ensure that their national policies conform to the common positions. Article 16 (ex Article J.6) Member States shall inform and consult one another within the Council on any matter of foreign and security policy of general interest in order to ensure that the Union's influence is exerted as effectively as possible by means of concerted and convergent action. Article 17 (ex Article J.7) 1. The common foreign and security policy shall include all questions relating to the security of the Union, including the progressive framing of a common defence policy, in accordance with the second subparagraph, which might lead to a common defence, should the European Council so decide. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements. The Western European Union (WEU) is an integral part of the development of the Union providing the Union with access to an operational capability notably in the context of paragraph 2. It supports the Union in framing the defence aspects of the common foreign and security policy as set out in this Article. The Union shall accordingly foster closer institutional relations with the WEU with a view to the possibility of the integration of the WEU into the Union, should the European Council so decide. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements. The policy of the Union in accordance with this Article shall not prejudice the specific character of the security and defence policy of certain Member States and shall respect the obligations of certain Member States, which see their common defence realised in the North Atlantic Treaty Organisation (NATO), under the North Atlantic Treaty and be compatible with the common security and defence policy established within that framework. The progressive framing of a common defence policy will be supported, as Member States consider appropriate, by cooperation between them in the field of armaments. 2. Questions referred to in this Article shall include humanitarian and rescue tasks, peacekeeping tasks and tasks of combat forces in crisis management, including peacemaking. 3. The Union will avail itself of the WEU to elaborate and implement decisions and actions of the Union which have defence implications. The competence of the European Council to establish guidelines in accordance with Article 13 shall also obtain in respect of the WEU for those matters for which the Union avails itself of the WEU. When the Union avails itself of the WEU to elaborate and implement decisions of the Union on the tasks referred to in paragraph 2 all Member States of the Union shall be entitled to participate fully in the tasks in question. The Council, in agreement with the institutions of the WEU, shall adopt the necessary practical arrangements to allow all Member States contributing to the tasks in question to participate fully and on an equal footing in planning and decision-taking in the WEU. Decisions having defence implications dealt with under this paragraph shall be taken without prejudice to the policies and obligations referred to in paragraph 1, third subparagraph. 4. The provisions of this Article shall not prevent the development of closer cooperation between two or more Member States on a bilateral level, in the framework of the WEU and the Atlantic Alliance, provided such cooperation does not run counter to or impede that provided for in this Title. 5. With a view to furthering the objectives of this Article, the provisions of this Article will be reviewed in accordance with Article 48. Article 18 (ex Article J.8) 1. The Presidency shall represent the Union in matters coming within the common foreign and security policy. 2. The Presidency shall be responsible for the implementation of decisions taken under this Title; in that capacity it shall in principle express the position of the Union in international organisations and international conferences. 3. The Presidency shall be assisted by the Secretary-General of the Council who shall exercise the function of High Representative for the common foreign and security policy. 4. The Commission shall be fully associated in the tasks referred to in paragraphs 1 and 2. The Presidency shall be assisted in those tasks if need be by the next Member State to hold the Presidency. 5. The Council may, whenever it deems it necessary, appoint a special representative with a mandate in relation to particular policy issues. Article 19 (ex Article J.9) 1. Member States shall coordinate their action in international organisations and at international conferences. They shall uphold the common positions in such fora. In international organisations and at international conferences where not all the Member States participate, those which do take part shall uphold the common positions. 2. Without prejudice to paragraph 1 and Article 14(3), Member States represented in international organisations or international conferences where not all the Member States participate shall keep the latter informed of any matter of common interest. Member States which are also members of the United Nations Security Council will concert and keep the other Member States fully informed. Member States which are permanent members of the Security Council will, in the execution of their functions, ensure the defence of the positions and the interests of the Union, without prejudice to their responsibilities under the provisions of the United Nations Charter. Article 20 (ex Article J.10) The diplomatic and consular missions of the Member States and the Commission Delegations in third countries and international conferences, and their representations to international organisations, shall cooperate in ensuring that the common positions and joint actions adopted by the Council are complied with and implemented. They shall step up cooperation by exchanging information, carrying out joint assessments and contributing to the implementation of the provisions referred to in Article 20 of the Treaty establishing the European Community. Article 21 (ex Article J.11) The Presidency shall consult the European Parliament on the main aspects and the basic choices of the common foreign and security policy and shall ensure that the views of the European Parliament are duly taken into consideration. The European Parliament shall be kept regularly informed by the Presidency and the Commission of the development of the Union's foreign and security policy. The European Parliament may ask questions of the Council or make recommendations to it. It shall hold an annual debate on progress in implementing the common foreign and security policy. Article 22 (ex Article J.12) 1. Any Member State or the Commission may refer to the Council any question relating to the common foreign and security policy and may submit proposals to the Council. 2. In cases requiring a rapid decision, the Presidency, of its own motion, or at the request of the Commission or a Member State, shall convene an extraordinary Council meeting within forty-eight hours or, in an emergency, within a shorter period. Article 23 (ex Article J.13) 1. Decisions under this Title shall be taken by the Council acting unanimously. Abstentions by members present in person or represented shall not prevent the adoption of such decisions. When abstaining in a vote, any member of the Council may qualify its abstention by making a formal declaration under the present subparagraph. In that case, it shall not be obliged to apply the decision, but shall accept that the decision commits the Union. In a spirit of mutual solidarity, the Member State concerned shall refrain from any action likely to conflict with or impede Union action based on that decision and the other Member States shall respect its position. If the members of the Council qualifying their abstention in this way represent more than one third of the votes weighted in accordance with Article 205(2) of the Treaty establishing the European Community, the decision shall not be adopted. 2. By derogation from the provisions of paragraph 1, the Council shall act by qualified majority: - when adopting joint actions, common positions or taking any other decision on the basis of a common strategy; - when adopting any decision implementing a joint action or a common position. If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity. The votes of the members of the Council shall be weighted in accordance with Article 205(2) of the Treaty establishing the European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members. This paragraph shall not apply to decisions having military or defence implications. 3. For procedural questions, the Council shall act by a majority of its members. Article 24 (ex Article J.14) When it is necessary to conclude an agreement with one or more States or international organisations in implementation of this Title, the Council, acting unanimously, may authorise the Presidency, assisted by the Commission as appropriate, to open negotiations to that effect. Such agreements shall be concluded by the Council acting unanimously on a recommendation from the Presidency. No agreement shall be binding on a Member State whose representative in the Council states that it has to comply with the requirements of its own constitutional procedure; the other members of the Council may agree that the agreement shall apply provisionally to them. The provisions of this Article shall also apply to matters falling under Title VI. Article 25 (ex Article J.15) Without prejudice to Article 207 of the Treaty establishing the European Community, a Political Committee shall monitor the international situation in the areas covered by the common foreign and security policy and contribute to the definition of policies by delivering opinions to the Council at the request of the Council or on its own initiative. It shall also monitor the implementation of agreed policies, without prejudice to the responsibility of the Presidency and the Commission. Article 26 (ex Article J.16) The Secretary-General of the Council, High Representative for the common foreign and security policy, shall assist the Council in matters coming within the scope of the common foreign and security policy, in particular through contributing to the formulation, preparation and implementation of policy decisions, and, when appropriate and acting on behalf of the Council at the request of the Presidency, through conducting political dialogue with third parties. Article 27 (ex Article J.17) The Commission shall be fully associated with the work carried out in the common foreign and security policy field. Article 28 (ex Article J.18) 1. Articles 189, 190, 196 to 199, 203, 204, 206 to 209, 213 to 219, 255 and 290 of the Treaty establishing the European Community shall apply to the provisions relating to the areas referred to in this Title. 2. Administrative expenditure which the provisions relating to the areas referred to in this Title entail for the institutions shall be charged to the budget of the European Communities. 3. Operational expenditure to which the implementation of those provisions gives rise shall also be charged to the budget of the European Communities, except for such expenditure arising from operations having military or defence implications and cases where the Council acting unanimously decides otherwise. In cases where expenditure is not charged to the budget of the European Communities it shall be charged to the Member States in accordance with the gross national product scale, unless the Council acting unanimously decides otherwise. As for expenditure arising from operations having military or defence implications, Member States whose representatives in the Council have made a formal declaration under Article 23(1), second subparagraph, shall not be obliged to contribute to the financing thereof. 4. The budgetary procedure laid down in the Treaty establishing the European Community shall apply to the expenditure charged to the budget of the European Communities. TITLE VI PROVISIONS ON POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS Article 29 (ex Article K.1) Without prejudice to the powers of the European Community, the Union's objective shall be to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the fields of police and judicial cooperation in criminal matters and by preventing and combating racism and xenophobia. That objective shall be achieved by preventing and combating crime, organised or otherwise, in particular terrorism, trafficking in persons and offences against children, illicit drug trafficking and illicit arms trafficking, corruption and fraud, through: - closer cooperation between police forces, customs authorities and other competent authorities in the Member States, both directly and through the European Police Office (Europol), in accordance with the provisions of Articles 30 and 32; - closer cooperation between judicial and other competent authorities of the Member States in accordance with the provisions of Articles 31(a) to (d) and 32; - approximation, where necessary, of rules on criminal matters in the Member States, in accordance with the provisions of Article 31(e). Article 30 (ex Article K.2) 1. Common action in the field of police cooperation shall include: (a) operational cooperation between the competent authorities, including the police, customs and other specialised law enforcement services of the Member States in relation to the prevention, detection and investigation of criminal offences; (b) the collection, storage, processing, analysis and exchange of relevant information, including information held by law enforcement services on reports on suspicious financial transactions, in particular through Europol, subject to appropriate provisions on the protection of personal data; (c) cooperation and joint initiatives in training, the exchange of liaison officers, secondments, the use of equipment, and forensic research; (d) the common evaluation of particular investigative techniques in relation to the detection of serious forms of organised crime. 2. The Council shall promote cooperation through Europol and shall in particular, within a period of five years after the date of entry into force of the Treaty of Amsterdam: (a) enable Europol to facilitate and support the preparation, and to encourage the coordination and carrying out, of specific investigative actions by the competent authorities of the Member States, including operational actions of joint teams comprising representatives of Europol in a support capacity; (b) adopt measures allowing Europol to ask the competent authorities of the Member States to conduct and coordinate their investigations in specific cases and to develop specific expertise which may be put at the disposal of Member States to assist them in investigating cases of organised crime; (c) promote liaison arrangements between prosecuting/investigating officials specialising in the fight against organised crime in close cooperation with Europol; (d) establish a research, documentation and statistical network on cross-border crime. Article 31 (ex Article K.3) Common action on judicial cooperation in criminal matters shall include: (a) facilitating and accelerating cooperation between competent ministries and judicial or equivalent authorities of the Member States in relation to proceedings and the enforcement of decisions; (b) facilitating extradition between Member States; (c) ensuring compatibility in rules applicable in the Member States, as may be necessary to improve such cooperation; (d) preventing conflicts of jurisdiction between Member States; (e) progressively adopting measures establishing minimum rules relating to the constituent elements of criminal acts and to penalties in the fields of organised crime, terrorism and illicit drug trafficking. Article 32 (ex Article K.4) The Council shall lay down the conditions and limitations under which the competent authorities referred to in Articles 30 and 31 may operate in the territory of another Member State in liaison and in agreement with the authorities of that State. Article 33 (ex Article K.5) This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security. Article 34 (ex Article K.6) 1. In the areas referred to in this Title, Member States shall inform and consult one another within the Council with a view to coordinating their action. To that end, they shall establish collaboration between the relevant departments of their administrations. 2. The Council shall take measures and promote cooperation, using the appropriate form and procedures as set out in this Title, contributing to the pursuit of the objectives of the Union. To that end, acting unanimously on the initiative of any Member State or of the Commission, the Council may: (a) adopt common positions defining the approach of the Union to a particular matter; (b) adopt framework decisions for the purpose of approximation of the laws and regulations of the Member States. Framework decisions shall be binding upon the Member States as to the result to be achieved but shall leave to the national authorities the choice of form and methods. They shall not entail direct effect; (c) adopt decisions for any other purpose consistent with the objectives of this Title, excluding any approximation of the laws and regulations of the Member States. These decisions shall be binding and shall not entail direct effect; the Council, acting by a qualified majority, shall adopt measures necessary to implement those decisions at the level of the Union; (d) establish conventions which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements. Member States shall begin the procedures applicable within a time limit to be set by the Council. Unless they provide otherwise, conventions shall, once adopted by at least half of the Member States, enter into force for those Member States. Measures implementing conventions shall be adopted within the Council by a majority of two-thirds of the Contracting Parties. 3. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as laid down in Article 205(2) of the Treaty establishing the European Community, and for their adoption acts of the Council shall require at least 62 votes in favour, cast by at least 10 members. 4. For procedural questions, the Council shall act by a majority of its members. Article 35 (ex Article K.7) 1. The Court of Justice of the European Communities shall have jurisdiction, subject to the conditions laid down in this Article, to give preliminary rulings on the validity and interpretation of framework decisions and decisions, on the interpretation of conventions established under this Title and on the validity and interpretation of the measures implementing them. 2. By a declaration made at the time of signature of the Treaty of Amsterdam or at any time thereafter, any Member State shall be able to accept the jurisdiction of the Court of Justice to give preliminary rulings as specified in paragraph 1. 3. A Member State making a declaration pursuant to paragraph 2 shall specify that either: (a) any court or tribunal of that State against whose decisions there is no judicial remedy under national law may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act referred to in paragraph 1 if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment, or (b) any court or tribunal of that State may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act referred to in paragraph 1 if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment. 4. Any Member State, whether or not it has made a declaration pursuant to paragraph 2, shall be entitled to submit statements of case or written observations to the Court in cases which arise under paragraph 1. 5. The Court of Justice 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. 6. The Court of Justice shall have jurisdiction to review the legality of framework decisions and decisions in actions brought by a Member State or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers. The proceedings provided for in this paragraph shall be instituted within two months of the publication of the measure. 7. The Court of Justice shall have jurisdiction to rule on any dispute between Member States regarding the interpretation or the application of acts adopted under Article 34(2) whenever such dispute cannot be settled by the Council within six months of its being referred to the Council by one of its members. The Court shall also have jurisdiction to rule on any dispute between Member States and the Commission regarding the interpretation or the application of conventions established under Article 34(2)(d). Article 36 (ex Article K.8) 1. A Coordinating Committee shall be set up consisting of senior officials. In addition to its coordinating role, it shall be the task of the Committee to: - give opinions for the attention of the Council, either at the Council's request or on its own initiative; - contribute, without prejudice to Article 207 of the Treaty establishing the European Community, to the preparation of the Council's discussions in the areas referred to in Article 29. 2. The Commission shall be fully associated with the work in the areas referred to in this Title. Article 37 (ex Article K.9) Within international organisations and at international conferences in which they take part, Member States shall defend the common positions adopted under the provisions of this Title. Articles 18 and 19 shall apply as appropriate to matters falling under this Title. Article 38 (ex Article K.10) Agreements referred to in Article 24 may cover matters falling under this Title. Article 39 (ex Article K.11) 1. The Council shall consult the European Parliament before adopting any measure referred to in Article 34(2)(b), (c) and (d). The European Parliament shall deliver its opinion within a time-limit which the Council may lay down, which shall not be less than three months. In the absence of an opinion within that time-limit, the Council may act. 2. The Presidency and the Commission shall regularly inform the European Parliament of discussions in the areas covered by this Title. 3. The European Parliament may ask questions of the Council or make recommendations to it. Each year, it shall hold a debate on the progress made in the areas referred to in this Title. Article 40 (ex Article K.12) 1. Member States which intend to establish closer cooperation between themselves may be authorised, subject to Articles 43 and 44, to make use of the institutions, procedures and mechanisms laid down by the Treaties provided that the cooperation proposed: (a) respects the powers of the European Community, and the objectives laid down by this Title; (b) has the aim of enabling the Union to develop more rapidly into an area of freedom, security and justice. 2. The authorisation referred to in paragraph 1 shall be granted by the Council, acting by a qualified majority at the request of the Member States concerned and after inviting the Commission to present its opinion; the request shall also be forwarded to the European Parliament. If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the granting of an authorisation by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity. The votes of the members of the Council shall be weighted in accordance with Article 205(2) of the Treaty establishing the European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members. 3. Any Member State which wishes to become a party to cooperation set up in accordance with this Article shall notify its intention to the Council and to the Commission, which shall give an opinion to the Council within three months of receipt of that notification, possibly accompanied by a recommendation for such specific arrangements as it may deem necessary for that Member State to become a party to the cooperation in question. Within four months of the date of that notification, the Council shall decide on the request and on such specific arrangements as it may deem necessary. The decision shall be deemed to be taken unless the Council, acting by a qualified majority, decides to hold it in abeyance; in this case, the Council shall state the reasons for its decision and set a deadline for reexamining it. For the purposes of this paragraph, the Council shall act under the conditions set out in Article 44. 4. The provisions of Articles 29 to 41 shall apply to the closer cooperation provided for by this Article, save as otherwise provided for in this Article and in Articles 43 and 44. The provisions of the Treaty establishing the European Community concerning the powers of the Court of Justice of the European Communities and the exercise of those powers shall apply to paragraphs 1, 2 and 3. 5. This Article is without prejudice to the provisions of the Protocol integrating the Schengen acquis into the framework of the European Union. Article 41 (ex Article K.13) 1. Articles 189, 190, 195, 196 to 199, 203, 204, 205(3), 206 to 209, 213 to 219, 255 and 290 of the Treaty establishing the European Community shall apply to the provisions relating to the areas referred to in this Title. 2. Administrative expenditure which the provisions relating to the areas referred to in this Title entail for the institutions shall be charged to the budget of the European Communities. 3. Operational expenditure to which the implementation of those provisions gives rise shall also be charged to the budget of the European Communities, except where the Council acting unanimously decides otherwise. In cases where expenditure is not charged to the budget of the European Communities it shall be charged to the Member States in accordance with the gross national product scale, unless the Council acting unanimously decides otherwise. 4. The budgetary procedure laid down in the Treaty establishing the European Community shall apply to the expenditure charged to the budget of the European Communities. Article 42 (ex Article K.14) The Council, acting unanimously on the initiative of the Commission or a Member State, and after consulting the European Parliament, may decide that action in areas referred to in Article 29 shall fall under Title IV of the Treaty establishing the European Community, and at the same time determine the relevant voting conditions relating to it. It shall recommend the Member States to adopt that decision in accordance with their respective constitutional requirements. TITLE VII (ex Title VIa) PROVISIONS ON CLOSER COOPERATION Article 43 (ex Article K.15) 1. Member States which intend to establish closer cooperation between themselves may make use of the institutions, procedures and mechanisms laid down by this Treaty and the Treaty establishing the European Community provided that the cooperation: (a) is aimed at furthering the objectives of the Union and at protecting and serving its interests; (b) respects the principles of the said Treaties and the single institutional framework of the Union; (c) is only used as a last resort, where the objectives of the said Treaties could not be attained by applying the relevant procedures laid down therein; (d) concerns at least a majority of Member States; (e) does not affect the `acquis communautaire' and the measures adopted under the other provisions of the said Treaties; (f) does not affect the competences, rights, obligations and interests of those Member States which do not participate therein; (g) is open to all Member States and allows them to become parties to the cooperation at any time, provided that they comply with the basic decision and with the decisions taken within that framework; (h) complies with the specific additional criteria laid down in Article 11 of the Treaty establishing the European Community and Article 40 of this Treaty, depending on the area concerned, and is authorised by the Council in accordance with the procedures laid down therein. 2. Member States shall apply, as far as they are concerned, the acts and decisions adopted for the implementation of the cooperation in which they participate. Member States not participating in such cooperation shall not impede the implementation thereof by the participating Member States. Article 44 (ex Article K.16) 1. For the purposes of the adoption of the acts and decisions necessary for the implementation of the cooperation referred to in Article 43, the relevant institutional provisions of this Treaty and of the Treaty establishing the European Community shall apply. However, while all members of the Council shall be able to take part in the deliberations, only those representing participating Member States shall take part in the adoption of decisions. The qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in Article 205(2) of the Treaty establishing the European Community. Unanimity shall be constituted by only those Council members concerned. 2. Expenditure resulting from implementation of the cooperation, other than administrative costs entailed for the institutions, shall be borne by the participating Member States, unless the Council, acting unanimously, decides otherwise. Article 45 (ex Article K.17) The Council and the Commission shall regularly inform the European Parliament of the development of closer cooperation established on the basis of this Title. TITLE VIII (ex Title VII) FINAL PROVISIONS Article 46 (ex Article L) The provisions of the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community concerning the powers of the Court of Justice of the European Communities and the exercise of those powers shall apply only to the following provisions of this Treaty: (a) provisions amending the Treaty establishing the European Economic Community with a view to establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community; (b) provisions of Title VI, under the conditions provided for by Article 35; (c) provisions of Title VII, under the conditions provided for by Article 11 of the Treaty establishing the European Community and Article 40 of this Treaty; (d) Article 6(2) with regard to action of the institutions, insofar as the Court has jurisdiction under the Treaties establishing the European Communities and under this Treaty; (e) Articles 46 to 53. Article 47 (ex Article M) Subject to the provisions amending the Treaty establishing the European Economic Community with a view to establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community, and to these final provisions, nothing in this Treaty shall affect the Treaties establishing the European Communities or the subsequent Treaties and Acts modifying or supplementing them. Article 48 (ex Article N) The government of any Member State or the Commission may submit to the Council proposals for the amendment of the Treaties on which the Union is founded. If the Council, after consulting the European Parliament and, where appropriate, the Commission, delivers an opinion in favour of calling a conference of representatives of the governments of the Member States, the conference shall be convened by the President of the Council for the purpose of determining by common accord the amendments to be made to those Treaties. The European Central Bank shall also be consulted in the case of institutional changes in the monetary area. The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements. Article 49 (ex Article O) Any European State which respects the principles set out in Article 6(1) may apply to become a member of the Union. It shall address its application to the Council, which shall act unanimously after consulting the Commission and after receiving the assent of the European Parliament, which shall act by an absolute majority of its component members. The conditions of admission and the adjustments to the Treaties on which the Union is founded which such admission entails shall be the subject of an agreement between the Member States and the applicant State. This agreement shall be submitted for ratification by all the contracting States in accordance with their respective constitutional requirements. Article 50 (ex Article P) 1. Articles 2 to 7 and 10 to 19 of the Treaty establishing a Single Council and a Single Commission of the European Communities, signed in Brussels on 8 April 1965, are hereby repealed. 2. Article 2, Article 3(2) and Title III of the Single European Act signed in Luxembourg on 17 February 1986 and in The Hague on 28 February 1986 are hereby repealed. Article 51 (ex Article Q) This Treaty is concluded for an unlimited period. Article 52 (ex Article R) 1. 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 1993, 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 53 (ex Article S) This Treaty, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish 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. Pursuant to the Accession Treaty of 1994, the Finnish and Swedish versions of this Treaty shall also be authentic. In witness whereof the undersigned Plenipotentiaries have signed this Treaty. Done at Maastricht on the seventh day of February in the year one thousand nine hundred and ninety-two. Mark EYSKENS Uffe ELLEMANN-JENSEN Hans-Dietrich GENSCHER Antonios SAMARAS Francisco FERNANDEZ ORDONEZ Roland DUMAS Gerard COLLINS Gianni DE MICHELIS Jacques F. POOS Hans VAN DEN BROEK Joao de Deus PINHEIRO Douglas HURD Philippe MAYSTADT Anders FOGH RASMUSSEN Theodor WAIGEL Efthymios CHRISTODOULOU Carlos SOLCHAGA CATALAN Pierre BEREGOVOY Bertie AHERN Guido CARLI Jean-Claude JUNCKER Willem KOK Jorge BRAGA DE MACEDO Francis MAUDE CONSOLIDATED VERSION OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY (97/C 340/03) CONTENTS Page I - Text of the Treaty Preamble Part One - Principles .......... 181 Part Two - Citizenship of the Union .......... 186 Part Three - Community policies .......... 187 TITLE I - Free movement of goods .......... 187 Chapter 1 - The Customs Union .......... 188 Chapter 2 - Prohibition of quantitative restrictions between Member States .......... 189 TITLE II - Agriculture .......... 190 TITLE III - Free movement of persons, services and capital .......... 193 Chapter 1 - Workers .......... 193 Chapter 2 - Right of establishment .......... 195 Chapter 3 - Services .......... 197 Chapter 4 - Capital and payments .......... 199 TITLE IV - Visas, asylum, immigration and other policies related to free movement of persons .......... 200 TITLE V - Transport .......... 205 TITLE VI - Common rules on competition, taxation and approximation of laws .......... 208 Chapter 1 - Rules on competition .......... 208 Section 1 - Rules applying to undertakings .......... 208 Section 2 - Aids granted by States .......... 211 Chapter 2 - Tax provisions .......... 212 Chapter 3 - Approximation of laws .......... 213 TITLE VII - Economic and monetary policy .......... 215 Chapter 1 - Economic policy .......... 215 Chapter 2 - Monetary policy .......... 220 Chapter 3 - Institutional provisions .......... 224 Chapter 4 - Transitional provisions .......... 227 TITLE VIII - Employment .......... 235 TITLE IX - Common commercial policy .......... 237 TITLE X - Customs cooperation .......... 238 TITLE XI - Social policy, education, vocational training and youth .......... 239 Chapter 1 - Social provisions .......... 239 Chapter 2 - The European Social Fund .......... 243 Chapter 3 - Education, vocational training and youth .......... 244 TITLE XII - Culture .......... 245 TITLE XIII - Public health .......... 246 TITLE XIV - Consumer protection .......... 247 TITLE XV - Trans-European networks .......... 248 TITLE XVI - Industry .......... 249 TITLE XVII - Economic and social cohesion .......... 250 TITLE XVIII - Research and technological development .......... 251 TITLE XIX - Environment .......... 254 TITLE XX - Development cooperation .......... 256 Part Four - Association of the overseas countries and territories .......... 258 Part Five - Institutions of the Community .......... 260 TITLE I - Provisions governing the institutions .......... 260 Chapter 1 - The institutions .......... 260 Section 1 - The European Parliament .......... 260 Section 2 - The Council .......... 264 Section 3 - The Commission .......... 266 Section 4 - The Court of Justice .......... 269 Section 5 - The Court of Auditors .......... 276 Chapter 2 - Provisions common to several institutions .......... 278 Chapter 3 - The Economic and Social Committee .......... 282 Chapter 4 - The Committee of the Regions .......... 284 Chapter 5 - The European Investment Bank .......... 286 TITLE II - Financial provisions .......... 287 Part Six - General and final provisions .......... 293 Final provisions .......... 302 Annexes ANNEX I - List referred to in Article 32 of the Treaty .......... 303 ANNEX II - Overseas countries and territories to which the provisions of Part Four of the Treaty apply .......... 306 II - Protocols (text not reproduced) Note: The references to Treaty articles, titles and sections contained in the protocols are adapted in accordance with the tables of equivalence set out in the Annex to the Treaty of Amsterdam. Protocols annexed to the Treaty on European Union and to the Treaty establishing the European Community: - Protocol (No 2) integrating the Schengen acquis into the framework of the European Union (1997) - Protocol (No 3) on the application of certain aspects of Article 14 of the Treaty establishing the European Community to the United Kingdom and to Ireland (1997) - Protocol (No 4) on the position of the United Kingdom and Ireland (1997) - Protocol (No 5) on the position of Denmark (1997) Protocols annexed to the Treaty on European Union and to the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community: - Protocol (No 6) annexed to the Treaty on European Union and to the Treaties establishing the European Communities (1992) - Protocol (No 7) on the institutions with the prospect of enlargement of the European Union (1997) - Protocol (No 8) on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol (1997) - Protocol (No 9) on the role of national parliaments in the European Union (1997) Protocols annexed to the Treaty establishing the European Community: - Protocol (No 10) on the Statute of the European Investment Bank (1957) - Protocol (No 11) on the Statute of the Court of Justice of the European Community (1957) - Protocol (No 12) on Italy (1957) - Protocol (No 13) on goods originating in and coming from certain countries and enjoying special treatment when imported into a Member State (1957) - Protocol (No 14) concerning imports into the European Community of petroleum products refined in the Netherlands Antilles (1962) - Protocol (No 15) on special arrangements for Greenland (1985) - Protocol (No 16) on the acquisition of property in Denmark (1992) - Protocol (No 17) concerning Article 141 of the Treaty establishing the European Community (1992) - Protocol (No 18) on the Statute of the European System of Central Banks and of the European Central Bank (1992) - Protocol (No 19) on the Statute of the European Monetary Institute (1992) - Protocol (No 20) on the excessive deficit procedure (1992) - Protocol (No 21) on the convergence criteria referred to in Article 121 of the Treaty establishing the European Community (1992) - Protocol (No 22) on Denmark (1992) - Protocol (No 23) on Portugal (1992) - Protocol (No 24) on the transition to the third stage of economic and monetary union (1992) - Protocol (No 25) on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland (1992) - Protocol (No 26) on certain provisions relating to Denmark (1992) - Protocol (No 27) on France (1992) - Protocol (No 28) on economic and social cohesion (1992) - Protocol (No 29) on asylum for nationals of Member States of the European Union (1997) - Protocol (No 30) on the application of the principles of subsidiarity and proportionality (1997) - Protocol (No 31) on external relations of the Member States with regard to the crossing of external borders (1997) - Protocol (No 32) on the system of public broadcasting in the Member States (1997) - Protocol (No 33) on protection and welfare of animals (1997) Protocol annexed to the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community: - Protocol (No 34) on the privileges and immunities of the European Communities (1965) HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF THE ITALIAN REPUBLIC, HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS (^1), DETERMINED to lay the foundations of an ever closer union among the peoples of Europe, RESOLVED to ensure the economic and social progress of their countries by common action to eliminate the barriers which divide Europe, AFFIRMING as the essential objective of their efforts the constant improvements of the living and working conditions of their peoples, RECOGNISING that the removal of existing obstacles calls for concerted action in order to guarantee steady expansion, balanced trade and fair competition, ANXIOUS to strengthen the unity of their economies and to ensure their harmonious development by reducing the differences existing between the various regions and the backwardness of the less-favoured regions, DESIRING to contribute, by means of a common commercial policy, to the progressive abolition of restrictions on international trade, INTENDING to confirm the solidarity which binds Europe and the overseas countries and desiring to ensure the development of their prosperity, in accordance with the principles of the Charter of the United Nations, RESOLVED by thus pooling their resources to preserve and strengthen peace and liberty, and calling upon the other peoples of Europe who share their ideal to join in their efforts, DETERMINED to promote the development of the highest possible level of knowledge for their peoples through a wide access to education and through its continuous updating, HAVE DECIDED to create a EUROPEAN COMMUNITY and to this end have designated as their Plenipotentiaries: HIS MAJESTY THE KING OF THE BELGIANS: Mr Paul Henri SPAAK, Minister for Foreign Affairs, Baron J. Ch. SNOY ET D'OPPUERS, Secretary-General of the Ministry of Economic Affairs, Head of the Belgian Delegation to the Intergovernmental Conference; THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY: Dr. Konrad ADENAUER, Federal Chancellor, Professor Dr. Walter HALLSTEIN, State Secretary of the Federal Foreign Office; THE PRESIDENT OF THE FRENCH REPUBLIC: Mr Christian PINEAU, Minister for Foreign Affairs, Mr Maurice FAURE, Under-Secretary of State for Foreign Affairs; THE PRESIDENT OF THE ITALIAN REPUBLIC: Mr Antonio SEGNI, President of the Council of Ministers, Professor Gaetano MARTINO, Minister for Foreign Affairs; HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG: Mr Joseph BECH, President of the Government, Minister for Foreign Affairs, Mr Lambert SCHAUS, Ambassador, Head of the Luxembourg Delegation to the Intergovernmental Conference; HER MAJESTY THE QUEEN OF THE NETHERLANDS: Mr Joseph LUNS, Minister for Foreign Affairs, Mr J. LINTHORST HOMAN, Head of the Netherlands Delegation to the Intergovernmental Conference; WHO, having exchanged their full powers, found in good and due form, have agreed as follows. PART ONE PRINCIPLES Article 1 (ex Article 1) By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN COMMUNITY. Article 2 (ex Article 2) The Community shall have as its task, by establishing a common market and an economic and monetary union and by implementing common policies or activities referred to in Articles 3 and 4, to promote throughout the Community a harmonious, balanced and sustainable development of economic activities, a high level of employment and of social protection, equality between men and women, sustainable and non-inflationary growth, a high degree of competitiveness and convergence of economic performance, a high level of protection and improvement of the quality of the environment, the raising of the standard of living and quality of life, and economic and social cohesion and solidarity among Member States. Article 3 (ex Article 3) 1. For the purposes set out in Article 2, the activities of the Community shall include, as provided in this Treaty and in accordance with the timetable set out therein: (a) the prohibition, as between Member States, of customs duties and quantitative restrictions on the import and export of goods, and of all other measures having equivalent effect; (b) a common commercial policy; (c) an internal market characterised by the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital; (d) measures concerning the entry and movement of persons as provided for in Title IV; (e) a common policy in the sphere of agriculture and fisheries; (f) a common policy in the sphere of transport; (g) a system ensuring that competition in the internal market is not distorted; (h) the approximation of the laws of Member States to the extent required for the functioning of the common market; (i) the promotion of coordination between employment policies of the Member States with a view to enhancing their effectiveness by developing a coordinated strategy for employment; (j) a policy in the social sphere comprising a European Social Fund; (k) the strengthening of economic and social cohesion; (l) a policy in the sphere of the environment; (m) the strengthening of the competitiveness of Community industry; (n) the promotion of research and technological development; (o) encouragement for the establishment and development of trans-European networks; (p) a contribution to the attainment of a high level of health protection; (q) a contribution to education and training of quality and to the flowering of the cultures of the Member States; (r) a policy in the sphere of development cooperation; (s) the association of the overseas countries and territories in order to increase trade and promote jointly economic and social development; (t) a contribution to the strengthening of consumer protection; (u) measures in the spheres of energy, civil protection and tourism. 2. In all the activities referred to in this Article, the Community shall aim to eliminate inequalities, and to promote equality, between men and women. Article 4 (ex Article 3a) 1. For the purposes set out in Article 2, the activities of the Member States and the Community shall include, as provided in this Treaty and in accordance with the timetable set out therein, the adoption of an economic policy which is based on the close coordination of Member States' economic policies, on the internal market and on the definition of common objectives, and conducted in accordance with the principle of an open market economy with free competition. 2. 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, and the definition and conduct of a single monetary policy and exchange-rate policy the primary objective of both of which shall be to maintain price stability and, without prejudice to this objective, to support the general economic policies in the Community, in accordance with the principle of an open market economy with free competition. 3. These activities of the Member States and the Community shall entail compliance with the following guiding principles: stable prices, sound public finances and monetary conditions and a sustainable balance of payments. Article 5 (ex Article 3b) The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to it therein. In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community. Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty. Article 6 (ex Article 3c) Environmental protection requirements must be integrated into the definition and implementation of the Community policies and activities referred to in Article 3, in particular with a view to promoting sustainable development. Article 7 (ex Article 4) 1. The tasks entrusted to the Community shall be carried out by the following institutions: - a EUROPEAN PARLIAMENT, - a COUNCIL, - a COMMISSION, - a COURT OF JUSTICE, - a COURT OF AUDITORS. Each institution shall act within the limits of the powers conferred upon it by this Treaty. 2. 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. Article 8 (ex Article 4a) A European System of Central Banks (hereinafter referred to as `ESCB') and a European Central Bank (hereinafter referred to as `ECB') shall be established in accordance with the procedures laid down in this Treaty; they shall act within the limits of the powers conferred upon them by this Treaty and by the Statute of the ESCB and of the ECB (hereinafter referred to as `Statute of the ESCB') annexed thereto. Article 9 (ex Article 4b) A European Investment Bank is hereby established, which shall act within the limits of the powers conferred upon it by this Treaty and the Statute annexed thereto. Article 10 (ex Article 5) Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community. They shall facilitate the achievement of the Community's tasks. They shall abstain from any measure which could jeopardise the attainment of the objectives of this Treaty. Article 11 (ex Article 5a) 1. Member States which intend to establish closer cooperation between themselves may be authorised, subject to Articles 43 and 44 of the Treaty on European Union, to make use of the institutions, procedures and mechanisms laid down by this Treaty, provided that the cooperation proposed: (a) does not concern areas which fall within the exclusive competence of the Community; (b) does not affect Community policies, actions or programmes; (c) does not concern the citizenship of the Union or discriminate between nationals of Member States; (d) remains within the limits of the powers conferred upon the Community by this Treaty; and (e) does not constitute a discrimination or a restriction of trade between Member States and does not distort the conditions of competition between the latter. 2. The authorisation referred to in paragraph 1 shall be granted by the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament. If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the granting of an authorisation by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the Council, meeting in the composition of the Heads of State or Government, for decision by unanimity. Member States which intend to establish closer cooperation as referred to in paragraph 1 may address a request to the Commission, which 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. 3. Any Member State which wishes to become a party to cooperation set up in accordance with this Article shall notify its intention to the Council and to the Commission, which shall give an opinion to the Council within three months of receipt of that notification. Within four months of the date of that notification, the Commission shall decide on it and on such specific arrangements as it may deem necessary. 4. The acts and decisions necessary for the implementation of cooperation activities shall be subject to all the relevant provisions of this Treaty, save as otherwise provided for in this Article and in Articles 43 and 44 of the Treaty on European Union. 5. This Article is without prejudice to the provisions of the Protocol integrating the Schengen acquis into the framework of the European Union. Article 12 (ex Article 6) Within the scope of application of this Treaty, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited. The Council, acting in accordance with the procedure referred to in Article 251, may adopt rules designed to prohibit such discrimination. Article 13 (ex Article 6a) Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Article 14 (ex Article 7a) 1. The Community shall adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992, in accordance with the provisions of this Article and of Articles 15, 26, 47(2), 49, 80, 93 and 95 and without prejudice to the other provisions of this Treaty. 2. The internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this Treaty. 3. The Council, acting by a qualified majority on a proposal from the Commission, shall determine the guidelines and conditions necessary to ensure balanced progress in all the sectors concerned. Article 15 (ex Article 7c) When drawing up its proposals with a view to achieving the objectives set out in Article 14, the Commission shall take into account the extent of the effort that certain economies showing differences in development will have to sustain during the period of establishment of the internal market and it may propose appropriate provisions. If these provisions take the form of derogations, they must be of a temporary nature and must cause the least possible disturbance to the functioning of the common market. Article 16 (ex Article 7d) Without prejudice to Articles 73, 86 and 87, and given the place occupied by services of general economic interest in the shared values of the Union as well as their role in promoting social and territorial cohesion, the Community and the Member States, each within their respective powers and within the scope of application of this Treaty, shall take care that such services operate on the basis of principles and conditions which enable them to fulfil their missions. PART TWO CITIZENSHIP OF THE UNION Article 17 (ex Article 8) 1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship. 2. Citizens of the Union shall enjoy the rights conferred by this Treaty and shall be subject to the duties imposed thereby. Article 18 (ex Article 8a) 1. Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect. 2. The Council may adopt provisions with a view to facilitating the exercise of the rights referred to in paragraph 1; save as otherwise provided in this Treaty, the Council shall act in accordance with the procedure referred to in Article 251. The Council shall act unanimously throughout this procedure. Article 19 (ex Article 8b) 1. Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate at municipal elections in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised subject to detailed arrangements adopted by the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament; these arrangements may provide for derogations where warranted by problems specific to a Member State. 2. Without prejudice to Article 190(4) and to the provisions adopted for its implementation, every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate in elections to the European Parliament in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised subject to detailed arrangements adopted by the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament; these arrangements may provide for derogations where warranted by problems specific to a Member State. Article 20 (ex Article 8c) Every citizen of the Union shall, in the territory of a third country in which the Member State of which he is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that State. Member States shall establish the necessary rules among themselves and start the international negotiations required to secure this protection. Article 21 (ex Article 8d) Every citizen of the Union shall have the right to petition the European Parliament in accordance with Article 194. Every citizen of the Union may apply to the Ombudsman established in accordance with Article 195. Every citizen of the Union may write to any of the institutions or bodies referred to in this Article or in Article 7 in one of the languages mentioned in Article 314 and have an answer in the same language. Article 22 (ex Article 8e) The Commission shall report to the European Parliament, to the Council and to the Economic and Social Committee every three years on the application of the provisions of this Part. This report shall take account of the development of the Union. On this basis, and without prejudice to the other provisions of this Treaty, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may adopt provisions to strengthen or to add to the rights laid down in this Part, which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements. PART THREE COMMUNITY POLICIES TITLE I FREE MOVEMENT OF GOODS Article 23 (ex Article 9) 1. The Community shall be based upon a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect, and the adoption of a common customs tariff in their relations with third countries. 2. The provisions of Article 25 and of Chapter 2 of this Title shall apply to products originating in Member States and to products coming from third countries which are in free circulation in Member States. Article 24 (ex Article 10) Products coming from a third country shall be considered to be in free circulation in a Member State if the import formalities have been complied with and any customs duties or charges having equivalent effect which are payable have been levied in that Member State, and if they have not benefited from a total or partial drawback of such duties or charges. Chapter 1 The customs union Article 25 (ex Article 12) Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature. Article 26 (ex Article 28) Common Customs Tariff duties shall be fixed by the Council acting by a qualified majority on a proposal from the Commission. Article 27 (ex Article 29) In carrying out the tasks entrusted to it under this Chapter the Commission shall be guided by: (a) the need to promote trade between Member States and third countries; (b) developments in conditions of competition within the Community insofar as they lead to an improvement in the competitive capacity of undertakings; (c) the requirements of the Community as regards the supply of raw materials and semi-finished goods; in this connection the Commission shall take care to avoid distorting conditions of competition between Member States in respect of finished goods; (d) the need to avoid serious disturbances in the economies of Member States and to ensure rational development of production and an expansion of consumption within the Community. Chapter 2 Prohibition of quantitative restrictions between Member States Article 28 (ex Article 30) Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States. Article 29 (ex Article 34) Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States. Article 30 (ex Article 36) The provisions of Articles 28 and 29 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Article 31 (ex Article 37) 1. Member States shall adjust any State monopolies of a commercial character so as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States. The provisions of this Article shall apply to any body through which a Member State, in law or in fact, either directly or indirectly supervises, determines or appreciably influences imports or exports between Member States. These provisions shall likewise apply to monopolies delegated by the State to others. 2. Member States shall refrain from introducing any new measure which is contrary to the principles laid down in paragraph 1 or which restricts the scope of the Articles dealing with the prohibition of customs duties and quantitative restrictions between Member States. 3. If a State monopoly of a commercial character has rules which are designed to make it easier to dispose of agricultural products or obtain for them the best return, steps should be taken in applying the rules contained in this Article to ensure equivalent safeguards for the employment and standard of living of the producers concerned. TITLE II AGRICULTURE Article 32 (ex Article 38) 1. The common market shall extend to agriculture and trade in agricultural products. `Agricultural products' means the products of the soil, of stockfarming and of fisheries and products of first-stage processing directly related to these products. 2. Save as otherwise provided in Articles 33 to 38, the rules laid down for the establishment of the common market shall apply to agricultural products. 3. The products subject to the provisions of Articles 33 to 38 are listed in Annex I to this Treaty. 4. The operation and development of the common market for agricultural products must be accompanied by the establishment of a common agricultural policy. Article 33 (ex Article 39) 1. The objectives of the common agricultural policy shall be: (a) to increase agricultural productivity by promoting technical progress and by ensuring the rational development of agricultural production and the optimum utilisation of the factors of production, in particular labour; (b) thus to ensure a fair standard of living for the agricultural community, in particular by increasing the individual earnings of persons engaged in agriculture; (c) to stabilise markets; (d) to assure the availability of supplies; (e) to ensure that supplies reach consumers at reasonable prices. 2. In working out the common agricultural policy and the special methods for its application, account shall be taken of: (a) the particular nature of agricultural activity, which results from the social structure of agriculture and from structural and natural disparities between the various agricultural regions; (b) the need to effect the appropriate adjustments by degrees; (c) the fact that in the Member States agriculture constitutes a sector closely linked with the economy as a whole. Article 34 (ex Article 40) 1. In order to attain the objectives set out in Article 33, a common organisation of agricultural markets shall be established. This organisation shall take one of the following forms, depending on the product concerned: (a) common rules on competition; (b) compulsory coordination of the various national market organisations; (c) a European market organisation. 2. The common organisation established in accordance with paragraph 1 may include all measures required to attain the objectives set out in Article 33, in particular regulation of prices, aids for the production and marketing of the various products, storage and carryover arrangements and common machinery for stabilising imports or exports. The common organisation shall be limited to pursuit of the objectives set out in Article 33 and shall exclude any discrimination between producers or consumers within the Community. Any common price policy shall be based on common criteria and uniform methods of calculation. 3. In order to enable the common organisation referred to in paragraph 1 to attain its objectives, one or more agricultural guidance and guarantee funds may be set up. Article 35 (ex Article 41) To enable the objectives set out in Article 33 to be attained, provision may be made within the framework of the common agricultural policy for measures such as: (a) an effective coordination of efforts in the spheres of vocational training, of research and of the dissemination of agricultural knowledge; this may include joint financing of projects or institutions; (b) joint measures to promote consumption of certain products. Article 36 (ex Article 42) The provisions of the Chapter relating to rules on competition shall apply to production of and trade in agricultural products only to the extent determined by the Council within the framework of Article 37(2) and (3) and in accordance with the procedure laid down therein, account being taken of the objectives set out in Article 33. The Council may, in particular, authorise the granting of aid: (a) for the protection of enterprises handicapped by structural or natural conditions; (b) within the framework of economic development programmes. Article 37 (ex Article 43) 1. In order to evolve the broad lines of a common agricultural policy, the Commission shall, immediately this Treaty enters into force, convene a conference of the Member States with a view to making a comparison of their agricultural policies, in particular by producing a statement of their resources and needs. 2. 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 this Treaty, the Commission shall submit proposals for working out and implementing the common agricultural policy, including the replacement of the national organisations by one of the forms of common organisation provided for in Article 34(1), and for implementing the measures specified in this Title. These proposals shall take account of the interdependence of the agricultural matters mentioned in this Title. The Council shall, on a proposal from the Commission and after consulting the European Parliament, acting by a qualified majority, make regulations, issue directives, or take decisions, without prejudice to any recommendations it may also make. 3. The Council may, acting by a qualified majority and in accordance with paragraph 2, replace the national market organisations by the common organisation provided for in Article 34(1) if: (a) the common organisation offers Member States which are opposed to this measure and which have an organisation of their own for the production in question equivalent safeguards for the employment and standard of living of the producers concerned, account being taken of the adjustments that will be possible and the specialisation that will be needed with the passage of time; (b) such an organisation ensures conditions for trade within the Community similar to those existing in a national market. 4. If a common organisation for certain raw materials is established before a common organisation exists for the corresponding processed products, such raw materials as are used for processed products intended for export to third countries may be imported from outside the Community. Article 38 (ex Article 46) Where in a Member State a product is subject to a national market organisation or to internal rules having equivalent effect which affect the competitive position of similar production in another Member State, a countervailing charge shall be applied by Member States to imports of this product coming from the Member State where such organisation or rules exist, unless that State applies a countervailing charge on export. The Commission shall fix the amount of these charges at the level required to redress the balance; it may also authorise other measures, the conditions and details of which it shall determine. TITLE III FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL Chapter 1 Workers Article 39 (ex Article 48) 1. Freedom of movement for workers shall be secured within the Community. 2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment. 3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health: (a) to accept offers of employment actually made; (b) to move freely within the territory of Member States for this purpose; (c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action; (d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission. 4. The provisions of this Article shall not apply to employment in the public service. Article 40 (ex Article 49) The Council shall, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, issue directives or make regulations setting out the measures required to bring about freedom of movement for workers, as defined in Article 39, in particular: (a) by ensuring close cooperation between national employment services; (b) by abolishing those administrative procedures and practices and those qualifying periods in respect of eligibility for available employment, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to liberalisation of the movement of workers; (c) by abolishing all such qualifying periods and other restrictions provided for either under national legislation or under agreements previously concluded between Member States as imposed on workers of other Member States conditions regarding the free choice of employment other than those imposed on workers of the State concerned; (d) by setting up appropriate machinery to bring offers of employment into touch with applications for employment and to facilitate the achievement of a balance between supply and demand in the employment market in such a way as to avoid serious threats to the standard of living and level of employment in the various regions and industries. Article 41 (ex Article 50) Member States shall, within the framework of a joint programme, encourage the exchange of young workers. Article 42 (ex Article 51) The Council shall, acting in accordance with the procedure referred to in Article 251, adopt such measures in the field of social security as are necessary to provide freedom of movement for workers; to this end, it shall make arrangements to secure for migrant workers and their dependants: (a) aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating the amount of benefit, of all periods taken into account under the laws of the several countries; (b) payment of benefits to persons resident in the territories of Member States. The Council shall act unanimously throughout the procedure referred to in Article 251. Chapter 2 Right of establishment Article 43 (ex Article 52) Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State. Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 48, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of the Chapter relating to capital. Article 44 (ex Article 54) 1. In order to attain freedom of establishment as regards a particular activity, the Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, shall act by means of directives. 2. The Council and the Commission shall carry out the duties devolving upon them under the preceding provisions, in particular: (a) by according, as a general rule, priority treatment to activities where freedom of establishment makes a particularly valuable contribution to the development of production and trade; (b) by ensuring close cooperation between the competent authorities in the Member States in order to ascertain the particular situation within the Community of the various activities concerned; (c) by abolishing those administrative procedures and practices, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to freedom of establishment; (d) by ensuring that workers of one Member State employed in the territory of another Member State may remain in that territory for the purpose of taking up activities therein as self-employed persons, where they satisfy the conditions which they would be required to satisfy if they were entering that State at the time when they intended to take up such activities; (e) by enabling a national of one Member State to acquire and use land and buildings situated in the territory of another Member State, insofar as this does not conflict with the principles laid down in Article 33(2); (f) by effecting the progressive abolition of restrictions on freedom of establishment in every branch of activity under consideration, both as regards the conditions for setting up agencies, branches or subsidiaries in the territory of a Member State and as regards the subsidiaries in the territory of a Member State and as regards the conditions governing the entry of personnel belonging to the main establishment into managerial or supervisory posts in such agencies, branches or subsidiaries; (g) by coordinating to the necessary extent the safeguards which, for the protection of the interests of members and other, are required by Member States of companies or firms within the meaning of the second paragraph of Article 48 with a view to making such safeguards equivalent throughout the Community; (h) by satisfying themselves that the conditions of establishment are not distorted by aids granted by Member States. Article 45 (ex Article 55) The provisions of this Chapter shall not apply, so far as any given Member State is concerned, to activities which in that State are connected, even occasionally, with the exercise of official authority. The Council may, acting by a qualified majority on a proposal from the Commission, rule that the provisions of this Chapter shall not apply to certain activities. Article 46 (ex Article 56) 1. The provisions of this Chapter and measures taken in pursuance thereof shall not prejudice the applicability of provisions laid down by law, regulation or administrative action providing for special treatment for foreign nationals on grounds of public policy, public security or public health. 2. The Council shall, acting in accordance with the procedure referred to in Article 251, issue directives for the coordination of the abovementioned provisions. Article 47 (ex Article 57) 1. In order to make it easier for persons to take up and pursue activities as self-employed persons, the Council shall, acting in accordance with the procedure referred to in Article 251, issue directives for the mutual recognition of diplomas, certificates and other evidence of formal qualifications. 2. For the same purpose, the Council shall, acting in accordance with the procedure referred to in Article 251, issue directives 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. The Council, acting unanimously throughout the procedure referred to in Article 251, shall decide on directives the implementation of which involves in at least one Member State amendment of the existing principles laid down by law governing the professions with respect to training and conditions of access for natural persons. In other cases the Council shall act by qualified majority. 3. In the case of the medical and allied and pharmaceutical professions, the progressive abolition of restrictions shall be dependent upon coordination of the conditions for their exercise in the various Member States. Article 48 (ex Article 58) Companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community shall, for the purposes of this Chapter, be treated in the same way as natural persons who are nationals of Member States. `Companies or firms' means companies or firms constituted under civil or commercial law, including cooperative societies, and other legal persons governed by public or private law, save for those which are non-profit-making. Chapter 3 Services Article 49 (ex Article 59) Within the framework of the provisions set out below, restrictions on freedom to provide services within the Community shall be prohibited in respect of nationals of Member States who are established in a State of the Community other than that of the person for whom the services are intended. The Council may, acting by a qualified majority on a proposal from the Commission, extend the provisions of the Chapter to nationals of a third country who provide services and who are established within the Community. Article 50 (ex Article 60) Services shall be considered to be `services' within the meaning of this Treaty where they are normally provided for remuneration, insofar as they are not governed by the provisions relating to freedom of movement for goods, capital and persons. `Services' shall in particular include: (a) activities of an industrial character; (b) activities of a commercial character; (c) activities of craftsmen; (d) activities of the professions. Without prejudice to the provisions of the Chapter relating to the right of establishment, the person providing a service may, in order to do so, temporarily pursue his activity in the State where the service is provided, under the same conditions as are imposed by that State on its own nationals. Article 51 (ex Article 61) 1. Freedom to provide services in the field of transport shall be governed by the provisions of the Title relating to transport. 2. The liberalisation of banking and insurance services connected with movements of capital shall be effected in step with the liberalisation of movement of capital. Article 52 (ex Article 63) 1. In order to achieve the liberalisation of a specific service, the Council shall, on a proposal from the Commission and after consulting the Economic and Social Committee and the European Parliament, issue directives acting by a qualified majority. 2. As regards the directives referred to in paragraph 1, priority shall as a general rule be given to those services which directly affect production costs or the liberalisation of which helps to promote trade in goods. Article 53 (ex Article 64) The Member States declare their readiness to undertake the liberalisation of services beyond the extent required by the directives issued pursuant to Article 52(1), if their general economic situation and the situation of the economic sector concerned so permit. To this end, the Commission shall make recommendations to the Member States concerned. Article 54 (ex Article 65) As long as restrictions on freedom to provide services have not been abolished, each Member State shall apply such restrictions without distinction on grounds of nationality or residence to all persons providing services within the meaning of the first paragraph of Article 49. Article 55 (ex Article 66) The provisions of Articles 45 to 48 shall apply to the matters covered by this Chapter. Chapter 4 Capital and payments Article 56 (ex Article 73b) 1. Within the framework of the provisions set out in this Chapter, all restrictions on the movement of capital between Member States and between Member States and third countries shall be prohibited. 2. Within the framework of the provisions set out in this Chapter, all restrictions on payments between Member States and between Member States and third countries shall be prohibited. Article 57 (ex Article 73c) 1. The provisions of Article 56 shall be without prejudice to the application to third countries of any restrictions which exist on 31 December 1993 under national or Community law adopted in respect of the movement of capital to or from third countries involving direct investment - including in real estate - establishment, the provision of financial services or the admission of securities to capital markets. 2. Whilst endeavouring to achieve the objective of free movement of capital between Member States and third countries to the greatest extent possible and without prejudice to the other Chapters of this Treaty, the Council may, acting by a qualified majority on a proposal from the Commission, adopt measures on the movement of capital to or from third countries involving direct investment - including investment in real estate - establishment, the provision of financial services or the admission of securities to capital markets. Unanimity shall be required for measures under this paragraph which constitute a step back in Community law as regards the liberalisation of the movement of capital to or from third countries. Article 58 (ex Article 73d) 1. The provisions of Article 56 shall be without prejudice to the right of Member States: (a) to apply the relevant provisions of their tax law which distinguish between taxpayers who are not in the same situation with regard to their place of residence or with regard to the place where their capital is invested; (b) to take all requisite measures to prevent infringements of national law and regulations, in particular in the field of taxation and the prudential supervision of financial institutions, or to lay down procedures for the declaration of capital movements for purposes of administrative or statistical information, or to take measures which are justified on grounds of public policy or public security. 2. The provisions of this Chapter shall be without prejudice to the applicability of restrictions on the right of establishment which are compatible with this Treaty. 3. The measures and procedures referred to in paragraphs 1 and 2 shall not constitute a means of arbitrary discrimination or a disguised restriction on the free movement of capital and payments as defined in Article 56. Article 59 (ex Article 73f) Where, in exceptional circumstances, movements of capital to or from third countries cause, or threaten to cause, serious difficulties for the operation of economic and monetary union, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the ECB, may take safeguard measures with regard to third countries for a period not exceeding six months if such measures are strictly necessary. Article 60 (ex Article 73g) 1. If, in the cases envisaged in Article 301, action by the Community is deemed necessary, the Council may, in accordance with the procedure provided for in Article 301, take the necessary urgent measures on the movement of capital and on payments as regards the third countries concerned. 2. Without prejudice to Article 297 and as long as the Council has not taken measures pursuant to paragraph 1, a Member State may, for serious political reasons and on grounds of urgency, take unilateral measures against a third country with regard to capital movements and payments. The Commission and the other Member States shall be informed of such measures by the date of their entry into force at the latest. The Council may, acting by a qualified majority on a proposal from the Commission, decide that the Member State concerned shall amend or abolish such measures. The President of the Council shall inform the European Parliament of any such decision taken by the Council. TITLE IV (ex Title IIIa) VISAS, ASYLUM, IMMIGRATION AND OTHER POLICIES RELATED TO FREE MOVEMENT OF PERSONS Article 61 (ex Article 73i) In order to establish progressively an area of freedom, security and justice, the Council shall adopt: (a) within a period of five years after the entry into force of the Treaty of Amsterdam, measures aimed at ensuring the free movement of persons in accordance with Article 14, in conjunction with directly related flanking measures with respect to external border controls, asylum and immigration, in accordance with the provisions of Article 62(2) and (3) and Article 63(1)(a) and (2)(a), and measures to prevent and combat crime in accordance with the provisions of Article 31(e) of the Treaty on European Union; (b) other measures in the fields of asylum, immigration and safeguarding the rights of nationals of third countries, in accordance with the provisions of Article 63; (c) measures in the field of judicial cooperation in civil matters as provided for in Article 65; (d) appropriate measures to encourage and strengthen administrative cooperation, as provided for in Article 66; (e) measures in the field of police and judicial cooperation in criminal matters aimed at a high level of security by preventing and combating crime within the Union in accordance with the provisions of the Treaty on European Union. Article 62 (ex Article 73j) The Council, acting in accordance with the procedure referred to in Article 67, shall, within a period of five years after the entry into force of the Treaty of Amsterdam, adopt: (1) measures with a view to ensuring, in compliance with Article 14, the absence of any controls on persons, be they citizens of the Union or nationals of third countries, when crossing internal borders; (2) measures on the crossing of the external borders of the Member States which shall establish: (a) standards and procedures to be followed by Member States in carrying out checks on persons at such borders; (b) rules on visas for intended stays of no more than three months, including: (i) the list of third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement; (ii) the procedures and conditions for issuing visas by Member States; (iii) a uniform format for visas; (iv) rules on a uniform visa; (3) measures setting out the conditions under which nationals of third countries shall have the freedom to travel within the territory of the Member States during a period of no more than three months. Article 63 (ex Article 73k) The Council, acting in accordance with the procedure referred to in Article 67, shall, within a period of five years after the entry into force of the Treaty of Amsterdam, adopt: (1) measures on asylum, 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, within the following areas: (a) criteria and mechanisms for determining which Member State is responsible for considering an application for asylum submitted by a national of a third country in one of the Member States, (b) minimum standards on the reception of asylum seekers in Member States, (c) minimum standards with respect to the qualification of nationals of third countries as refugees, (d) minimum standards on procedures in Member States for granting or withdrawing refugee status; (2) measures on refugees and displaced persons within the following areas: (a) minimum standards for giving temporary protection to displaced persons from third countries who cannot return to their country of origin and for persons who otherwise need international protection, (b) promoting a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons; (3) measures on immigration policy within the following areas: (a) conditions of entry and residence, and standards on procedures for the issue by Member States of long term visas and residence permits, including those for the purpose of family reunion, (b) illegal immigration and illegal residence, including repatriation of illegal residents; (4) measures defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States. Measures adopted by the Council pursuant to points 3 and 4 shall not prevent any Member State from maintaining or introducing in the areas concerned national provisions which are compatible with this Treaty and with international agreements. Measures to be adopted pursuant to points 2(b), 3(a) and 4 shall not be subject to the five year period referred to above. Article 64 (ex Article 73l) 1. This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security. 2. In the event of one or more Member States being confronted with an emergency situation characterised by a sudden inflow of nationals of third countries and without prejudice to paragraph 1, the Council may, acting by qualified majority on a proposal from the Commission, adopt provisional measures of a duration not exceeding six months for the benefit of the Member States concerned. Article 65 (ex Article 73m) Measures in the field of judicial cooperation in civil matters having cross-border implications, to be taken in accordance with Article 67 and insofar as necessary for the proper functioning of the internal market, shall include: (a) improving and simplifying: - the system for cross-border service of judicial and extrajudicial documents; - cooperation in the taking of evidence; - the recognition and enforcement of decisions in civil and commercial cases, including decisions in extrajudicial cases; (b) promoting the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction; (c) eliminating obstacles to the good functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States. Article 66 (ex Article 73n) The Council, acting in accordance with the procedure referred to in Article 67, shall take measures to ensure cooperation between the relevant departments of the administrations of the Member States in the areas covered by this Title, as well as between those departments and the Commission. Article 67 (ex Article 73o) 1. During a transitional period of five years following the entry into force of the Treaty of Amsterdam, the Council shall act unanimously on a proposal from the Commission or on the initiative of a Member State and after consulting the European Parliament. 2. After this period of five years: - the Council shall act on proposals from the Commission; the Commission shall examine any request made by a Member State that it submit a proposal to the Council; - the Council, acting unanimously after consulting the European Parliament, shall take a decision with a view to providing for all or parts of the areas covered by this Title to be governed by the procedure referred to in Article 251 and adapting the provisions relating to the powers of the Court of Justice. 3. By derogation from paragraphs 1 and 2, measures referred to in Article 62(2)(b) (i) and (iii) shall, from the entry into force of the Treaty of Amsterdam, be adopted by the Council acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament. 4. By derogation from paragraph 2, measures referred to in Article 62(2)(b) (ii) and (iv) shall, after a period of five years following the entry into force of the Treaty of Amsterdam, be adopted by the Council acting in accordance with the procedure referred to in Article 251. Article 68 (ex Article 73p) 1. Article 234 shall apply to this Title under the following circumstances and conditions: where a question on the interpretation of this Title or on the validity or interpretation of acts of the institutions of the Community based on this Title is raised in a case pending before a court or a tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon. 2. In any event, the Court of Justice shall not have jurisdiction to rule on any measure or decision taken pursuant to Article 62(1) relating to the maintenance of law and order and the safeguarding of internal security. 3. The Council, the Commission or a Member State may request the Court of Justice to give a ruling on a question of interpretation of this Title or of acts of the institutions of the Community based on this Title. The ruling given by the Court of Justice in response to such a request shall not apply to judgments of courts or tribunals of the Member States which have become res judicata. Article 69 (ex Article 73q) The application of this Title shall be subject to the provisions of the Protocol on the position of the United Kingdom and Ireland and to the Protocol on the position of Denmark and without prejudice to the Protocol on the application of certain aspects of Article 14 of the Treaty establishing the European Community to the United Kingdom and to Ireland. TITLE V (ex Title IV) TRANSPORT Article 70 (ex Article 74) The objectives of this Treaty shall, in matters governed by this Title, be pursued by Member States within the framework of a common transport policy. Article 71 (ex Article 75) 1. For the purpose of implementing Article 70, and taking into account the distinctive features of transport, the Council shall, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, lay down: (a) common rules applicable to international transport to or from the territory of a Member State or passing across the territory of one or more Member States; (b) the conditions under which non-resident carriers may operate transport services within a Member State; (c) measures to improve transport safety; (d) any other appropriate provisions. 2. By way of derogation from the procedure provided for in paragraph 1, where the application of provisions concerning the principles of the regulatory system for transport would be liable to have a serious effect on the standard of living and on employment in certain areas and on the operation of transport facilities, they shall be laid down by the Council acting unanimously on a proposal from the Commission, after consulting the European Parliament and the Economic and Social Committee. In so doing, the Council shall take into account the need for adaptation to the economic development which will result from establishing the common market. Article 72 (ex Article 76) Until the provisions referred to in Article 71(1) have been laid down, no Member State may, without the unanimous approval of the Council, make the various provisions governing the subject on 1 January 1958 or, for acceding States, the date of their accession less favourable in their direct or indirect effect on carriers of other Member States as compared with carriers who are nationals of that State. Article 73 (ex Article 77) Aids shall be compatible with this Treaty if they meet the needs of coordination of transport or if they represent reimbursement for the discharge of certain obligations inherent in the concept of a public service. Article 74 (ex Article 78) Any measures taken within the framework of this Treaty in respect of transport rates and conditions shall take account of the economic circumstances of carriers. Article 75 (ex Article 79) 1. In the case of transport within the Community, discrimination which takes the form of carriers charging different rates and imposing different conditions for the carriage of the same goods over the same transport links on grounds of the country of origin or of destination of the goods in question shall be abolished. 2. Paragraph 1 shall not prevent the Council from adopting other measures in pursuance of Article 71(1). 3. The Council shall, acting by a qualified majority on a proposal from the Commission and after consulting the Economic and Social Committee, lay down rules for implementing the provisions of paragraph 1. The Council may in particular lay down the provisions needed to enable the institutions of the Community to secure compliance with the rule laid down in paragraph 1 and to ensure that users benefit from it to the full. 4. The Commission shall, acting on its own initiative or on application by a Member State, investigate any cases of discrimination falling within paragraph 1 and, after consulting any Member State concerned, shall take the necessary decisions within the framework of the rules laid down in accordance with the provisions of paragraph 3. Article 76 (ex Article 80) 1. The imposition by a Member State, in respect of transport operations carried out within the Community, of rates and conditions involving any element of support or protection in the interest of one or more particular undertakings or industries shall be prohibited, unless authorised by the Commission. 2. The Commission shall, acting on its own initiative or on application by a Member State, examine the rates and conditions referred to in paragraph 1, taking account in particular of the requirements of an appropriate regional economic policy, the needs of underdeveloped areas and the problems of areas seriously affected by political circumstances on the one hand, and of the effects of such rates and conditions on competition between the different modes of transport on the other. After consulting each Member State concerned, the Commission shall take the necessary decisions. 3. The prohibition provided for in paragraph 1 shall not apply to tariffs fixed to meet competition. Article 77 (ex Article 81) Charges or dues in respect of the crossing of frontiers which are charged by a carrier in addition to the transport rates shall not exceed a reasonable level after taking the costs actually incurred thereby into account. Member States shall endeavour to reduce these costs progressively. The Commission may make recommendations to Member States for the application of this Article. Article 78 (ex Article 82) The provisions of this Title shall not form an obstacle to the application of measures taken in the Federal Republic of Germany to the extent that such measures are required in order to compensate for the economic disadvantages caused by the division of Germany to the economy of certain areas of the Federal Republic affected by that division. Article 79 (ex Article 83) An Advisory Committee consisting of experts designated by the governments of Member States shall be attached to the Commission. The Commission, whenever it considers it desirable, shall consult the Committee on transport matters without prejudice to the powers of the Economic and Social Committee. Article 80 (ex Article 84) 1. The provisions of this Title shall apply to transport by rail, road and inland waterway. 2. The Council may, acting by a qualified majority, decide whether, to what extent and by what procedure appropriate provisions may be laid down for sea and air transport. The procedural provisions of Article 71 shall apply. TITLE VI (ex Title V) COMMON RULES ON COMPETITION, TAXATION AND APPROXIMATION OF LAWS Chapter 1 Rules on competition Section 1 Rules applying to undertakings Article 81 (ex Article 85) 1. The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market, and in particular those which: (a) directly or indirectly fix purchase or selling prices or any other trading conditions; (b) limit or control production, markets, technical development, or investment; (c) share markets or sources of supply; (d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; (e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts. 2. Any agreements or decisions prohibited pursuant to this Article shall be automatically void. 3. The provisions of paragraph 1 may, however, be declared inapplicable in the case of: - any agreement or category of agreements between undertakings; - any decision or category of decisions by associations of undertakings; - any concerted practice or category of concerted practices, which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not: (a) impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives; (b) afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question. Article 82 (ex Article 86) Any abuse by one or more undertakings of a dominant position within the common market or in a substantial part of it shall be prohibited as incompatible with the common market insofar as it may affect trade between Member States. Such abuse may, in particular, consist in: (a) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions; (b) limiting production, markets or technical development to the prejudice of consumers; (c) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; (d) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts. Article 83 (ex Article 87) 1. The appropriate regulations or directives to give effect to the principles set out in Articles 81 and 82 shall be laid down by the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament. 2. The regulations or directives referred to in paragraph 1 shall be designed in particular: (a) to ensure compliance with the prohibitions laid down in Article 81(1) and in Article 82 by making provision for fines and periodic penalty payments; (b) to lay down detailed rules for the application of Article 81(3), taking into account the need to ensure effective supervision on the one hand, and to simplify administration to the greatest possible extent on the other; (c) to define, if need be, in the various branches of the economy, the scope of the provisions of Articles 81 and 82; (d) to define the respective functions of the Commission and of the Court of Justice in applying the provisions laid down in this paragraph; (e) to determine the relationship between national laws and the provisions contained in this Section or adopted pursuant to this Article. Article 84 (ex Article 88) Until the entry into force of the provisions adopted in pursuance of Article 83, the authorities in Member States shall rule on the admissibility of agreements, decisions and concerted practices and on abuse of a dominant position in the common market in accordance with the law of their country and with the provisions of Article 81, in particular paragraph 3, and of Article 82. Article 85 (ex Article 89) 1. Without prejudice to Article 84, the Commission shall ensure the application of the principles laid down in Articles 81 and 82. On application by a Member State or on its own initiative, and in cooperation with the competent authorities in the Member States, who shall give it their assistance, the Commission shall investigate cases of suspected infringement of these principles. If it finds that there has been an infringement, it shall propose appropriate measures to bring it to an end. 2. If the infringement is not brought to an end, the Commission shall record such infringement of the principles in a reasoned decision. The Commission may publish its decision and authorise Member States to take the measures, the conditions and details of which it shall determine, needed to remedy the situation. Article 86 (ex Article 90) 1. In the case of public undertakings and undertakings to which Member States grant special or exclusive rights, Member States shall neither enact nor maintain in force any measure contrary to the rules contained in this Treaty, in particular to those rules provided for in Article 12 and Articles 81 to 89. 2. Undertakings entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly shall be subject to the rules contained in this Treaty, in particular to the rules on competition, insofar as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them. The development of trade must not be affected to such an extent as would be contrary to the interests of the Community. 3. The Commission shall ensure the application of the provisions of this Article and shall, where necessary, address appropriate directives or decisions to Member States. Section 2 Aids granted by States Article 87 (ex Article 92) 1. Save as otherwise provided in this Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, insofar as it affects trade between Member States, be incompatible with the common market. 2. The following shall be compatible with the common market: (a) aid having a social character, granted to individual consumers, provided that such aid is granted without discrimination related to the origin of the products concerned; (b) aid to make good the damage caused by natural disasters or exceptional occurrences; (c) aid granted to the economy of certain areas of the Federal Republic of Germany affected by the division of Germany, insofar as such aid is required in order to compensate for the economic disadvantages caused by that division. 3. The following may be considered to be compatible with the common market: (a) aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment; (b) aid to promote the execution of an important project of common European interest or to remedy a serious disturbance in the economy of a Member State; (c) aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest; (d) aid to promote culture and heritage conservation where such aid does not affect trading conditions and competition in the Community to an extent that is contrary to the common interest; (e) such other categories of aid as may be specified by decision of the Council acting by a qualified majority on a proposal from the Commission. Article 88 (ex Article 93) 1. The Commission shall, in cooperation with Member States, keep under constant review all systems of aid existing in those States. It shall propose to the latter any appropriate measures required by the progressive development or by the functioning of the common market. 2. If, after giving notice to the parties concerned to submit their comments, the Commission finds that aid granted by a State or through State resources is not compatible with the common market having regard to Article 87, or that such aid is being misused, it shall decide that the State concerned shall abolish or alter such aid within a period of time to be determined by the Commission. If the State concerned does not comply with this decision within the prescribed time, the Commission or any other interested State may, in derogation from the provisions of Articles 226 and 227, refer the matter to the Court of Justice direct. On application by a Member State, the Council may, acting unanimously, decide that aid which that State is granting or intends to grant shall be considered to be compatible with the common market, in derogation from the provisions of Article 87 or from the regulations provided for in Article 89, if such a decision is justified by exceptional circumstances. If, as regards the aid in question, the Commission has already initiated the procedure provided for in the first subparagraph of this paragraph, the fact that the State concerned has made its application to the Council shall have the effect of suspending that procedure until the Council has made its attitude known. If, however, the Council has not made its attitude known within three months of the said application being made, the Commission shall give its decision on the case. 3. The Commission shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. If it considers that any such plan is not compatible with the common market having regard to Article 87, it shall without delay initiate the procedure provided for in paragraph 2. The Member State concerned shall not put its proposed measures into effect until this procedure has resulted in a final decision. Article 89 (ex Article 94) The Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, may make any appropriate regulations for the application of Articles 87 and 88 and may in particular determine the conditions in which Article 88(3) shall apply and the categories of aid exempted from this procedure. Chapter 2 Tax provisions Article 90 (ex Article 95) No Member State shall impose, directly or indirectly, on the products of other Member States any internal taxation of any kind in excess of that imposed directly or indirectly on similar domestic products. Furthermore, no Member State shall impose on the products of other Member States any internal taxation of such a nature as to afford indirect protection to other products. Article 91 (ex Article 96) Where products are exported to the territory of any Member State, any repayment of internal taxation shall not exceed the internal taxation imposed on them whether directly or indirectly. Article 92 (ex Article 98) In the case of charges other than turnover taxes, excise duties and other forms of indirect taxation, remissions and repayments in respect of exports to other Member States may not be granted and countervailing charges in respect of imports from Member States may not be imposed unless the measures contemplated have been previously approved for a limited period by the Council acting by a qualified majority on a proposal from the Commission. Article 93 (ex Article 99) The Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, adopt provisions for the harmonisation of legislation concerning turnover taxes, excise duties and other forms of indirect taxation to the extent that such harmonisation is necessary to ensure the establishment and the functioning of the internal market within the time-limit laid down in Article 14. Chapter 3 Approximation of laws Article 94 (ex Article 100) The Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, issue directives for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the common market. Article 95 (ex Article 100a) 1. By way of derogation from Article 94 and save where otherwise provided in this Treaty, the following provisions shall apply for the achievement of the objectives set out in Article 14. The Council shall, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, adopt the measures for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market. 2. Paragraph 1 shall not apply to fiscal provisions, to those relating to the free movement of persons nor to those relating to the rights and interests of employed persons. 3. The Commission, in its proposals envisaged in paragraph 1 concerning health, safety, environmental protection and consumer protection, will take as a base a high level of protection, taking account in particular of any new development based on scientific facts. Within their respective powers, the European Parliament and the Council will also seek to achieve this objective. 4. If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them. 5. Moreover, without prejudice to paragraph 4, if, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of the environment or the working environment on grounds of a problem specific to that Member State arising after the adoption of the harmonisation measure, it shall notify the Commission of the envisaged provisions as well as the grounds for introducing them. 6. The Commission shall, within six months of the notifications as referred to in paragraphs 4 and 5, approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market. In the absence of a decision by the Commission within this period the national provisions referred to in paragraphs 4 and 5 shall be deemed to have been approved. When justified by the complexity of the matter and in the absence of danger for human health, the Commission may notify the Member State concerned that the period referred to in this paragraph may be extended for a further period of up to six months. 7. When, pursuant to paragraph 6, a Member State is authorised to maintain or introduce national provisions derogating from a harmonisation measure, the Commission shall immediately examine whether to propose an adaptation to that measure. 8. When a Member State raises a specific problem on public health in a field which has been the subject of prior harmonisation measures, it shall bring it to the attention of the Commission which shall immediately examine whether to propose appropriate measures to the Council. 9. By way of derogation from the procedure laid down in Articles 226 and 227, the Commission and any Member State may bring the matter directly before the Court of Justice if it considers that another Member State is making improper use of the powers provided for in this Article. 10. The harmonisation measures referred to above shall, in appropriate cases, include a safeguard clause authorising the Member States to take, for one or more of the non-economic reasons referred to in Article 30, provisional measures subject to a Community control procedure. Article 96 (ex Article 101) Where the Commission finds that a difference between the provisions laid down by law, regulation or administrative action in Member States is distorting the conditions of competition in the common market and that the resultant distortion needs to be eliminated, it shall consult the Member States concerned. If such consultation does not result in an agreement eliminating the distortion in question, the Council shall, on a proposal from the Commission, acting by a qualified majority, issue the necessary directives. The Commission and the Council may take any other appropriate measures provided for in this Treaty. Article 97 (ex Article 102) 1. Where there is a reason to fear that the adoption or amendment of a provision laid down by law, regulation or administrative action may cause distortion within the meaning of Article 96, a Member State desiring to proceed therewith shall consult the Commission. After consulting the Member States, the Commission shall recommend to the States concerned such measures as may be appropriate to avoid the distortion in question. 2. If a State desiring to introduce or amend its own provisions does not comply with the recommendation addressed to it by the Commission, other Member States shall not be required, in pursuance of Article 96, to amend their own provisions in order to eliminate such distortion. If the Member State which has ignored the recommendation of the Commission causes distortion detrimental only to itself, the provisions of Article 96 shall not apply. TITLE VII (ex-Title VI) ECONOMIC AND MONETARY POLICY Chapter 1 Economic policy Article 98 (ex Article 102a) Member States shall conduct their economic policies with a view to contributing to the achievement of the objectives of the Community, as defined in Article 2, and in the context of the broad guidelines referred to in Article 99(2). The Member States and the Community shall act in accordance with the principle of an open market economy with free competition, favouring an efficient allocation of resources, and in compliance with the principles set out in Article 4. Article 99 (ex Article 103) 1. Member States shall regard their economic policies as a matter of common concern and shall coordinate them within the Council, in accordance with the provisions of Article 98. 2. The Council shall, acting by a qualified majority on a recommendation from the Commission, formulate a draft for the broad guidelines of the economic policies of the Member States and of the Community, and shall report its findings to the European Council. The European Council shall, acting on the basis of the report from the Council, discuss a conclusion on the broad guidelines of the economic policies of the Member States and of the Community. On the basis of this conclusion, the Council shall, acting by a qualified majority, adopt a recommendation setting out these broad guidelines. The Council shall inform the European Parliament of its recommendation. 3. In order to ensure closer coordination of economic policies and sustained convergence of the economic performances of the Member States, the Council shall, on the basis of reports submitted by the Commission, monitor economic developments in each of the Member States and in the Community as well as the consistency of economic policies with the broad guidelines referred to in paragraph 2, and regularly carry out an overall assessment. For the purpose of this multilateral surveillance, Member States shall forward information to the Commission about important measures taken by them in the field of their economic policy and such other information as they deem necessary. 4. 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 Council may, acting by a qualified majority on a recommendation from the Commission, make the necessary recommendations to the Member State concerned. The Council may, acting by a qualified majority on a proposal from the Commission, decide to make its recommendations public. The President of the Council and the Commission shall report to the European Parliament on the results of multilateral surveillance. The President of the Council may be invited to appear before the competent committee of the European Parliament if the Council has made its recommendations public. 5. The Council, acting in accordance with the procedure referred to in Article 252, may adopt detailed rules for the multilateral surveillance procedure referred to in paragraphs 3 and 4 of this Article. Article 100 (ex Article 103a) 1. Without prejudice to any other procedures provided for in this Treaty, the Council may, acting unanimously on a proposal from the Commission, decide upon the measures appropriate to the economic situation, in particular if severe difficulties arise in the supply of certain products. 2. Where a Member State is in difficulties or is seriously threatened with severe difficulties caused by exceptional occurrences beyond its control, the Council may, acting unanimously on a proposal from the Commission, grant, under certain conditions, Community financial assistance to the Member State concerned. Where the severe difficulties are caused by natural disasters, the Council shall act by qualified majority. The President of the Council shall inform the European Parliament of the decision taken. Article 101 (ex Article 104) 1. Overdraft facilities or any other type of credit facility with the ECB or with the central banks of the Member States (hereinafter referred to as `national central banks') in favour of Community institutions or bodies, central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of Member States shall be prohibited, as shall the purchase directly from them by the ECB or national central banks of debt instruments. 2. Paragraph 1 shall not apply to publicly owned credit institutions which, in the context of the supply of reserves by central banks, shall be given the same treatment by national central banks and the ECB as private credit institutions. Article 102 (ex Article 104a) 1. Any measure, not based on prudential considerations, establishing privileged access by Community institutions or bodies, central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of Member States to financial institutions, shall be prohibited. 2. The Council, acting in accordance with the procedure referred to in Article 252, shall, before 1 January 1994, specify definitions for the application of the prohibition referred to in paragraph 1. Article 103 (ex Article 104b) 1. The Community shall not be liable for or assume the commitments of central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of any Member State, without prejudice to mutual financial guarantees for the joint execution of a specific project. A Member State shall not be liable for or assume the commitments of central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of another Member State, without prejudice to mutual financial guarantees for the joint execution of a specific project. 2. If necessary, the Council, acting in accordance with the procedure referred to in Article 252, may specify definitions for the application of the prohibition referred to in Article 101 and in this Article. Article 104 (ex Article 104c) 1. Member States shall avoid excessive government deficits. 2. The Commission shall monitor the development of the budgetary situation and of the stock of government debt in the Member States with a view to identifying gross errors. In particular it shall examine compliance with budgetary discipline on the basis of the following two criteria: (a) whether the ratio of the planned or actual government deficit to gross domestic product exceeds a reference value, unless: - either the ratio has declined substantially and continuously and reached a level that comes close to the reference value; - or, alternatively, the excess over the reference value is only exceptional and temporary and the ratio remains close to the reference value; (b) whether the ratio of government debt to gross domestic product exceeds a reference value, unless the ratio is sufficiently diminishing and approaching the reference value at a satisfactory pace. The reference values are specified in the Protocol on the excessive deficit procedure annexed to this Treaty. 3. If a Member State does not fulfil the requirements under one or both of these criteria, the Commission shall prepare a report. The report of the Commission shall also take into account whether the government deficit exceeds government investment expenditure and take into account all other relevant factors, including the medium-term economic and budgetary position of the Member State. The Commission may also prepare a report if, notwithstanding the fulfilment of the requirements under the criteria, it is of the opinion that there is a risk of an excessive deficit in a Member State. 4. The Committee provided for in Article 114 shall formulate an opinion on the report of the Commission. 5. If the Commission considers that an excessive deficit in a Member State exists or may occur, the Commission shall address an opinion to the Council. 6. The Council shall, acting by a qualified majority on a recommendation from the Commission, and having considered any observations which the Member State concerned may wish to make, decide after an overall assessment whether an excessive deficit exists. 7. Where the existence of an excessive deficit is decided according to paragraph 6, the Council shall make recommendations to the Member State concerned with a view to bringing that situation to an end within a given period. Subject to the provisions of paragraph 8, these recommendations shall not be made public. 8. Where it establishes that there has been no effective action in response to its recommendations within the period laid down, the Council may make its recommendations public. 9. If a Member State persists in failing to put into practice the recommendations of the Council, the Council may decide to give notice to the Member State to take, within a specified time-limit, measures for the deficit reduction which is judged necessary by the Council in order to remedy the situation. In such a case, the Council may request the Member State concerned to submit reports in accordance with a specific timetable in order to examine the adjustment efforts of that Member State. 10. The rights to bring actions provided for in Articles 226 and 227 may not be exercised within the framework of paragraphs 1 to 9 of this Article. 11. As long as a Member State fails to comply with a decision taken in accordance with paragraph 9, the Council may decide to apply or, as the case may be, intensify one or more of the following measures: - to require the Member State concerned to publish additional information, to be specified by the Council, before issuing bonds and securities; - to invite the European Investment Bank to reconsider its lending policy towards the Member State concerned; - to require the Member State concerned to make a non-interest-bearing deposit of an appropriate size with the Community until the excessive deficit has, in the view of the Council, been corrected; - to impose fines of an appropriate size. The President of the Council shall inform the European Parliament of the decisions taken. 12. The Council shall abrogate some or all of its decisions referred to in paragraphs 6 to 9 and 11 to the extent that the excessive deficit in the Member State concerned has, in the view of the Council, been corrected. If the Council has previously made public recommendations, it shall, as soon as the decision under paragraph 8 has been abrogated, make a public statement that an excessive deficit in the Member State concerned no longer exists. 13. When taking the decisions referred to in paragraphs 7 to 9, 11 and 12, the Council shall act on a recommendation from the Commission by a majority of two-thirds of the votes of its members weighted in accordance with Article 205(2), excluding the votes of the representative of the Member State concerned. 14. Further provisions relating to the implementation of the procedure described in this Article are set out in the Protocol on the excessive deficit procedure annexed to this Treaty. The Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the ECB, adopt the appropriate provisions which shall then replace the said Protocol. Subject to the other provisions of this paragraph, the Council shall, before 1 January 1994, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, lay down detailed rules and definitions for the application of the provisions of the said Protocol. Chapter 2 Monetary policy Article 105 (ex Article 105) 1. The primary objective of the ESCB shall be to maintain price stability. Without prejudice to the objective of price stability, the ESCB shall support the general economic policies in the Community with a view to contributing to the achievement of the objectives of the Community as laid down in Article 2. The ESCB shall act in accordance with the principle of an open market economy with free competition, favouring an efficient allocation of resources, and in compliance with the principles set out in Article 4. 2. The basic tasks to be carried out through the ESCB shall be: - to define and implement the monetary policy of the Community; - to conduct foreign exchange operations consistent with the provisions of Article 111; - to hold and manage the official foreign reserves of the Member States; - to promote the smooth operation of payment systems. 3. The third indent of paragraph 2 shall be without prejudice to the holding and management by the governments of Member States of foreign-exchange working balances. 4. The ECB shall be consulted: - on any proposed Community act in its fields of competence; - by national authorities regarding any draft legislative provision in its fields of competence, but within the limits and under the conditions set out by the Council in accordance with the procedure laid down in Article 107(6). The ECB may submit opinions to the appropriate Community institutions or bodies or to national authorities on matters in its fields of competence. 5. The ESCB shall contribute to the smooth conduct of policies pursued by the competent authorities relating to the prudential supervision of credit institutions and the stability of the financial system. 6. The Council may, acting unanimously on a proposal from the Commission and after consulting the ECB and after receiving the assent of the European Parliament, confer upon the ECB specific tasks concerning policies relating to the prudential supervision of credit institutions and other financial institutions with the exception of insurance undertakings. Article 106 (ex Article 105a) 1. The ECB shall have the exclusive right to authorise the issue of banknotes within the Community. The ECB and the national central banks may issue such notes. The banknotes issued by the ECB and the national central banks shall be the only such notes to have the status of legal tender within the Community. 2. Member States may issue coins subject to approval by the ECB of the volume of the issue. The Council may, acting in accordance with the procedure referred to in Article 252 and after consulting the ECB, adopt measures to harmonise the denominations and technical specifications of all coins intended for circulation to the extent necessary to permit their smooth circulation within the Community. Article 107 (ex Article 106) 1. The ESCB shall be composed of the ECB and of the national central banks. 2. The ECB shall have legal personality. 3. The ESCB shall be governed by the decision-making bodies of the ECB which shall be the Governing Council and the Executive Board. 4. The Statute of the ESCB is laid down in a Protocol annexed to this Treaty. 5. 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 may be amended by the Council, acting either by a qualified majority on a recommendation from the ECB and after consulting the Commission or unanimously on a proposal from the Commission and after consulting the ECB. In either case, the assent of the European Parliament shall be required. 6. The Council, acting by a qualified majority either on a proposal from the Commission and after consulting the European Parliament and the ECB or on a recommendation from the ECB and after consulting the European Parliament and the Commission, shall adopt the provisions referred to in Articles 4, 5.4, 19.2, 20, 28.1, 29.2, 30.4 and 34.3 of the Statute of the ESCB. Article 108 (ex Article 107) When exercising the powers and carrying out the tasks and duties conferred upon them by this Treaty and the Statute of the ESCB, neither the ECB, nor a national central bank, nor any member of their decision-making bodies shall seek or take instructions from Community institutions or bodies, from any government of a Member State or from any other body. The Community institutions and bodies and the governments of the Member States undertake to respect this principle and not to seek to influence the members of the decision-making bodies of the ECB or of the national central banks in the performance of their tasks. Article 109 (ex Article 108) Each Member State shall ensure, at the latest at the date of the establishment of the ESCB, that its national legislation including the statutes of its national central bank is compatible with this Treaty and the Statute of the ESCB. Article 110 (ex Article 108a) 1. In order to carry out the tasks entrusted to the ESCB, the ECB shall, in accordance with the provisions of this Treaty and under the conditions laid down in the Statute of the ESCB: - make regulations to the extent necessary to implement the tasks defined in Article 3.1, first indent, Articles 19.1, 22 and 25.2 of the Statute of the ESCB and in cases which shall be laid down in the acts of the Council referred to in Article 107(6); - take decisions necessary for carrying out the tasks entrusted to the ESCB under this Treaty and the Statute of the ESCB; - make recommendations and deliver opinions. 2. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. Recommendations and opinions shall have no binding force. A decision shall be binding in its entirety upon those to whom it is addressed. Articles 253 to 256 shall apply to regulations and decisions adopted by the ECB. The ECB may decide to publish its decisions, recommendations and opinions. 3. Within the limits and under the conditions adopted by the Council under the procedure laid down in Article 107(6), the ECB shall be entitled to impose fines or periodic penalty payments on undertakings for failure to comply with obligations under its regulations and decisions. Article 111 (Article 109) 1. By way of derogation from Article 300, the Council may, acting unanimously on a recommendation from the ECB or from the Commission, and after consulting the ECB in an endeavour to reach a consensus consistent with the objective of price stability, after consulting the European Parliament, in accordance with the procedure in paragraph 3 for determining the arrangements, conclude formal agreements on an exchange-rate system for the ECU in relation to non-Community currencies. The Council may, acting by a qualified majority on a recommendation from the ECB or from the Commission, and after consulting the ECB in an endeavour to reach a consensus consistent with the objective of price stability, adopt, adjust or abandon the central rates of the ECU within the exchange-rate system. The President of the Council shall inform the European Parliament of the adoption, adjustment or abandonment of the ECU central rates. 2. In the absence of an exchange-rate system in relation to one or more non-Community currencies as referred to in paragraph 1, the Council, acting by a qualified majority either on a recommendation from the Commission and after consulting the ECB or on a recommendation from the ECB, may formulate general orientations for exchange-rate policy in relation to these currencies. These general orientations shall be without prejudice to the primary objective of the ESCB to maintain price stability. 3. By way of derogation from Article 300, where agreements concerning monetary or foreign exchange regime matters need to be negotiated by the Community with one or more States or international organisations, the Council, acting by a qualified majority on a recommendation from the Commission and after consulting the ECB, shall decide the arrangements for the negotiation and for the conclusion of such agreements. These arrangements shall ensure that the Community expresses a single position. The Commission shall be fully associated with the negotiations. Agreements concluded in accordance with this paragraph shall be binding on the institutions of the Community, on the ECB and on Member States. 4. Subject to paragraph 1, the Council shall, on a proposal from the Commission and after consulting the ECB, acting by a qualified majority decide on the position of the Community at international level as regards issues of particular relevance to economic and monetary union and, acting unanimously, decide its representation in compliance with the allocation of powers laid down in Articles 99 and 105. 5. Without prejudice to Community competence and Community agreements as regards economic and monetary union, Member States may negotiate in international bodies and conclude international agreements. Chapter 3 Institutional provisions Article 112 (ex Article 109a) 1. The Governing Council of the ECB shall comprise the members of the Executive Board of the ECB and the Governors of the national central banks. 2. (a) The Executive Board shall comprise the President, the Vice-President and four other members. (b) The President, the Vice-President and the other members of the Executive Board 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, on a recommendation from the Council, after it has consulted the European Parliament and the Governing Council of the ECB. Their term of office shall be eight years and shall not be renewable. Only nationals of Member States may be members of the Executive Board. Article 113 (ex Article 109b) 1. The President of the Council and a member of the Commission may participate, without having the right to vote, in meetings of the Governing Council of the ECB. The President of the Council may submit a motion for deliberation to the Governing Council of the ECB. 2. The President of the ECB shall be invited to participate in Council meetings when the Council is discussing matters relating to the objectives and tasks of the ESCB. 3. The ECB shall address an annual report on the activities of the ESCB and on the monetary policy of both the previous and current year to the European Parliament, the Council and the Commission, and also to the European Council. The President of the ECB shall present this report to the Council and to the European Parliament, which may hold a general debate on that basis. The President of the ECB and the other members of the Executive Board may, at the request of the European Parliament or on their own initiative, be heard by the competent committees of the European Parliament. Article 114 (ex Article 109c) 1. In order to promote coordination of the policies of Member States to the full extent needed for the functioning of the internal market, a Monetary Committee with advisory status is hereby set up. It shall have the following tasks: - to keep under review the monetary and financial situation of the Member States and of the Community and the general payments system of the Member States and to report regularly thereon to the Council and to the Commission; - to deliver opinions at the request of the Council or of the Commission, or on its own initiative for submission to those institutions; - without prejudice to Article 207, to contribute to the preparation of the work of the Council referred to in Articles 59, 60, 99(2), (3), (4) and (5), 100, 102, 103, 104, 116(2), 117(6), 119, 120, 121(2) and 122(1); - to examine, at least once a year, the situation regarding the movement of capital and the freedom of payments, as they result from the application of this Treaty and of measures adopted by the Council; the examination shall cover all measures relating to capital movements and payments; the Committee shall report to the Commission and to the Council on the outcome of this examination. The Member States and the Commission shall each appoint two members of the Monetary Committee. 2. At the start of the third stage, an Economic and Financial Committee shall be set up. The Monetary Committee provided for in paragraph 1 shall be dissolved. The Economic and Financial Committee shall have the following tasks: - to deliver opinions at the request of the Council or of the Commission, or on its own initiative for submission to those institutions; - to keep under review the economic and financial situation of the Member States and of the Community and to report regularly thereon to the Council and to the Commission, in particular on financial relations with third countries and international institutions; - without prejudice to Article 207, to contribute to the preparation of the work of the Council referred to in Articles 59, 60, 99(2), (3), (4) and (5), 100, 102, 103, 104, 105(6), 106(2), 107(5) and (6), 111, 119, 120(2) and (3), 122(2), 123(4) and (5), and to carry out other advisory and preparatory tasks assigned to it by the Council; - to examine, at least once a year, the situation regarding the movement of capital and the freedom of payments, as they result from the application of this Treaty and of measures adopted by the Council; the examination shall cover all measures relating to capital movements and payments; the Committee shall report to the Commission and to the Council on the outcome of this examination. The Member States, the Commission and the ECB shall each appoint no more than two members of the Committee. 3. The Council shall, acting by a qualified majority on a proposal from the Commission and after consulting the ECB and the Committee referred to in this Article, lay down detailed provisions concerning the composition of the Economic and Financial Committee. The President of the Council shall inform the European Parliament of such a decision. 4. In addition to the tasks set out in paragraph 2, if and as long as there are Member States with a derogation as referred to in Articles 122 and 123, the Committee shall keep under review the monetary and financial situation and the general payments system of those Member States and report regularly thereon to the Council and to the Commission. Article 115 (ex Article 109d) For matters within the scope of Articles 99(4), 104 with the exception of paragraph 14, 111, 121, 122 and 123(4) and (5), the Council or a Member State may request the Commission to make a recommendation or a proposal, as appropriate. The Commission shall examine this request and submit its conclusions to the Council without delay. Chapter 4 Transitional provisions Article 116 (ex Article 109e) 1. The second stage for achieving economic and monetary union shall begin on 1 January 1994. 2. Before that date: (a) each Member State shall: - adopt, where necessary, appropriate measures to comply with the prohibitions laid down in Article 56 and in Articles 101 and 102(1); - adopt, if necessary, with a view to permitting the assessment provided for in subparagraph (b), multiannual programmes intended to ensure the lasting convergence necessary for the achievement of economic and monetary union, in particular with regard to price stability and sound public finances; (b) the Council shall, on the basis of a report from the Commission, assess the progress made with regard to economic and monetary convergence, in particular with regard to price stability and sound public finances, and the progress made with the implementation of Community law concerning the internal market. 3. The provisions of Articles 101, 102(1), 103(1) and 104 with the exception of paragraphs 1, 9, 11 and 14 shall apply from the beginning of the second stage. The provisions of Articles 100(2), 104(1), (9) and (11), 105, 106, 108, 111, 112, 113 and 114(2) and (4) shall apply from the beginning of the third stage. 4. In the second stage, Member States shall endeavour to avoid excessive government deficits. 5. During the second stage, each Member State shall, as appropriate, start the process leading to the independence of its central bank, in accordance with Article 109. Article 117 (ex Article 109f) 1. At the start of the second stage, a European Monetary Institute (hereinafter referred to as `EMI') shall be established and take up its duties; it shall have legal personality and be directed and managed by a Council, consisting of a President and the Governors of the national central banks, one of whom shall be Vice-President. The President shall be appointed by common accord of the governments of the Member States at the level of Heads of State or Government, on a recommendation from the Council of the EMI, and after consulting the European Parliament and the Council. The President shall be selected from among persons of recognised standing and professional experience in monetary or banking matters. Only nationals of Member States may be President of the EMI. The Council of the EMI shall appoint the Vice-President. The Statute of the EMI is laid down in a Protocol annexed to this Treaty. 2. The EMI shall: - strengthen cooperation between the national central banks; - strengthen the coordination of the monetary policies of the Member States, with the aim of ensuring price stability; - monitor the functioning of the European Monetary System; - hold consultations concerning issues falling within the competence of the national central banks and affecting the stability of financial institutions and markets; - take over the tasks of the European Monetary Cooperation Fund, which shall be dissolved; the modalities of dissolution are laid down in the Statute of the EMI; - facilitate the use of the ECU and oversee its development, including the smooth functioning of the ECU clearing system. 3. For the preparation of the third stage, the EMI shall: - prepare the instruments and the procedures necessary for carrying out a single monetary policy in the third stage; - promote the harmonisation, where necessary, of the rules and practices governing the collection, compilation and distribution of statistics in the areas within its field of competence; - prepare the rules for operations to be undertaken by the national central banks within the framework of the ESCB; - promote the efficiency of cross-border payments; - supervise the technical preparation of ECU banknotes. At the latest by 31 December 1996, the EMI shall specify the regulatory, organisational and logistical framework necessary for the ESCB to perform its tasks in the third stage. This framework shall be submitted for decision to the ECB at the date of its establishment. 4. The EMI, acting by a majority of two thirds of the members of its Council, may: - formulate opinions or recommendations on the overall orientation of monetary policy and exchange-rate policy as well as on related measures introduced in each Member State; - submit opinions or recommendations to governments and to the Council on policies which might affect the internal or external monetary situation in the Community and, in particular, the functioning of the European Monetary System; - make recommendations to the monetary authorities of the Member States concerning the conduct of their monetary policy. 5. The EMI, acting unanimously, may decide to publish its opinions and its recommendations. 6. The EMI shall be consulted by the Council regarding any proposed Community act within its field of competence. Within the limits and under the conditions set out by the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament and the EMI, the EMI shall be consulted by the authorities of the Member States on any draft legislative provision within its field of competence. 7. The Council may, acting unanimously on a proposal from the Commission and after consulting the European Parliament and the EMI, confer upon the EMI other tasks for the preparation of the third stage. 8. Where this Treaty provides for a consultative role for the ECB, references to the ECB shall be read as referring to the EMI before the establishment of the ECB. 9. During the second stage, the term `ECB' used in Articles 230, 232, 233, 234, 237 and 288 shall be read as referring to the EMI. Article 118 (ex Article 109g) The currency composition of the ECU basket shall not be changed. From the start of the third stage, the value of the ECU shall be irrevocably fixed in accordance with Article 123(4). Article 119 (ex Article 109h) 1. Where a Member State is in difficulties or is seriously threatened with difficulties as regards its balance of payments either as a result of an overall disequilibrium in its balance of payments, or as a result of the type of currency at its disposal, and where such difficulties are liable in particular to jeopardise the functioning of the common market or the progressive implementation of the common commercial policy, the Commission shall immediately investigate the position of the State in question and the action which, making use of all the means at its disposal, that State has taken or may take in accordance with the provisions of this Treaty. The Commission shall state what measures it recommends the State concerned to take. If the action taken by a Member State and the measures suggested by the Commission do not prove sufficient to overcome the difficulties which have arisen or which threaten, the Commission shall, after consulting the Committee referred to in Article 114, recommend to the Council the granting of mutual assistance and appropriate methods therefor. The Commission shall keep the Council regularly informed of the situation and of how it is developing. 2. The Council, acting by a qualified majority, shall grant such mutual assistance; it shall adopt directives or decisions laying down the conditions and details of such assistance, which may take such forms as: (a) a concerted approach to or within any other international organisations to which Member States may have recourse; (b) measures needed to avoid deflection of trade where the State which is in difficulties maintains or reintroduces quantitative restrictions against third countries; (c) the granting of limited credits by other Member States, subject to their agreement. 3. If the mutual assistance recommended by the Commission is not granted by the Council or if the mutual assistance granted and the measures taken are insufficient, the Commission shall authorise the State which is in difficulties to take protective measures, the conditions and details of which the Commission shall determine. Such authorisation may be revoked and such conditions and details may be changed by the Council acting by a qualified majority. 4. Subject to Article 122(6), this Article shall cease to apply from the beginning of the third stage. Article 120 (ex Article 109i) 1. Where a sudden crisis in the balance of payments occurs and a decision within the meaning of Article 119(2) is not immediately taken, the Member State concerned may, as a precaution, take the necessary protective measures. Such measures must cause the least possible disturbance in the functioning of the common market and must not be wider in scope than is strictly necessary to remedy the sudden difficulties which have arisen. 2. The Commission and the other Member States shall be informed of such protective measures not later than when they enter into force. The Commission may recommend to the Council the granting of mutual assistance under Article 119. 3. After the Commission has delivered an opinion and the Committee referred to in Article 114 has been consulted, the Council may, acting by a qualified majority, decide that the State concerned shall amend, suspend or abolish the protective measures referred to above. 4. Subject to Article 122(6), this Article shall cease to apply from the beginning of the third stage. Article 121 (ex Article 109j) 1. The Commission and the EMI shall report to the Council on the progress made in the fulfilment by the Member States of their obligations regarding the achievement of economic and monetary union. These reports shall include an examination of the compatibility between each Member State's national legislation, including the statutes of its national central bank, and Articles 108 and 109 of this Treaty and the Statute of the ESCB. The reports shall also examine the achievement of a high degree of sustainable convergence by reference to the fulfilment by each Member State of the following criteria: - the achievement of a high degree of price stability; this will be apparent from a rate of inflation which is close to that of, at most, the three best performing Member States in terms of price stability; - the sustainability of the government financial position; this will be apparent from having achieved a government budgetary position without a deficit that is excessive as determined in accordance with Article 104(6); - the observance of the normal fluctuation margins provided for by the exchange-rate mechanism of the European Monetary System, for at least two years, without devaluing against the currency of any other Member State; - the durability of convergence achieved by the Member State and of its participation in the exchange-rate mechanism of the European Monetary System being reflected in the long-term interest-rate levels. The four criteria mentioned in this paragraph and the relevant periods over which they are to be respected are developed further in a Protocol annexed to this Treaty. The reports of the Commission and the EMI shall also take account of the development of the ECU, the results of the integration of markets, the situation and development of the balances of payments on current account and an examination of the development of unit labour costs and other price indices. 2. On the basis of these reports, the Council, acting by a qualified majority on a recommendation from the Commission, shall assess: - for each Member State, whether it fulfils the necessary conditions for the adoption of a single currency; - whether a majority of the Member States fulfil the necessary conditions for the adoption of a single currency, and recommend its findings to the Council, meeting in the composition of the Heads of State or Government. The European Parliament shall be consulted and forward its opinion to the Council, meeting in the composition of the Heads of State or Government. 3. Taking due account of the reports referred to in paragraph 1 and the opinion of the European Parliament referred to in paragraph 2, the Council, meeting in the composition of the Heads of State or Government, shall, acting by a qualified majority, not later than 31 December 1996: - decide, on the basis of the recommendations of the Council referred to in paragraph 2, whether a majority of the Member States fulfil the necessary conditions for the adoption of a single currency; - decide whether it is appropriate for the Community to enter the third stage, and if so: - set the date for the beginning of the third stage. 4. If by the end of 1997 the date for the beginning of the third stage has not been set, the third stage shall start on 1 January 1999. Before 1 July 1998, the Council, meeting in the composition of the Heads of State or Government, after a repetition of the procedure provided for in paragraphs 1 and 2, with the exception of the second indent of paragraph 2, taking into account the reports referred to in paragraph 1 and the opinion of the European Parliament, shall, acting by a qualified majority and on the basis of the recommendations of the Council referred to in paragraph 2, confirm which Member States fulfil the necessary conditions for the adoption of a single currency. Article 122 (ex Article 109k) 1. If the decision has been taken to set the date in accordance with Article 121(3), the Council shall, on the basis of its recommendations referred to in Article 121(2), acting by a qualified majority on a recommendation from the Commission, decide whether any, and if so which, Member States shall have a derogation as defined in paragraph 3 of this Article. Such Member States shall in this Treaty be referred to as `Member States with a derogation'. If the Council has confirmed which Member States fulfil the necessary conditions for the adoption of a single currency, in accordance with Article 121(4), those Member States which do not fulfil the conditions shall have a derogation as defined in paragraph 3 of this Article. Such Member States shall in this Treaty be referred to as `Member States with a derogation'. 2. At least once every two years, or at the request of a Member State with a derogation, the Commission and the ECB shall report to the Council in accordance with the procedure laid down in Article 121(1). After consulting the European Parliament and after discussion in the Council, meeting in the composition of the Heads of State or Government, the Council shall, acting by a qualified majority on a proposal from the Commission, decide which Member States with a derogation fulfil the necessary conditions on the basis of the criteria set out in Article 121(1), and abrogate the derogations of the Member States concerned. 3. A derogation referred to in paragraph 1 shall entail that the following Articles do not apply to the Member State concerned: Articles 104(9) and (11), 105(1), (2), (3) and (5), 106, 110, 111, and 112(2)(b). The exclusion of such a Member State and its national central bank from rights and obligations within the ESCB is laid down in Chapter IX of the Statute of the ESCB. 4. In Articles 105(1), (2) and (3), 106, 110, 111 and 112(2)(b), `Member States' shall be read as `Member States without a derogation'. 5. The voting rights of Member States with a derogation shall be suspended for the Council decisions referred to in the Articles of this Treaty mentioned in paragraph 3. In that case, by way of derogation from Articles 205 and 250(1), a qualified majority shall be defined as two-thirds of the votes of the representatives of the Member States without a derogation weighted in accordance with Article 205(2), and unanimity of those Member States shall be required for an act requiring unanimity. 6. Articles 119 and 120 shall continue to apply to a Member State with a derogation. Article 123 (ex Article 109l) 1. Immediately after the decision on the date for the beginning of the third stage has been taken in accordance with Article 121(3), or, as the case may be, immediately after 1 July 1998: - the Council shall adopt the provisions referred to in Article 107(6); - the governments of the Member States without a derogation shall appoint, in accordance with the procedure set out in Article 50 of the Statute of the ESCB, the President, the Vice-President and the other members of the Executive Board of the ECB. If there are Member States with a derogation, the number of members of the Executive Board may be smaller than provided for in Article 11.1 of the Statute of the ESCB, but in no circumstances shall it be less than four. As soon as the Executive Board is appointed, the ESCB and the ECB shall be established and shall prepare for their full operation as described in this Treaty and the Statute of the ESCB. The full exercise of their powers shall start from the first day of the third stage. 2. As soon as the ECB is established, it shall, if necessary, take over tasks of the EMI. The EMI shall go into liquidation upon the establishment of the ECB; the modalities of liquidation are laid down in the Statute of the EMI. 3. If and as long as there are Member States with a derogation, and without prejudice to Article 107(3) of this Treaty, the General Council of the ECB referred to in Article 45 of the Statute of the ESCB shall be constituted as a third decision-making body of the ECB. 4. At the starting date of the third stage, the Council shall, acting with the unanimity of the Member States without a derogation, on a proposal from the Commission and after consulting the ECB, adopt the conversion rates at which their currencies shall be irrevocably fixed and at which irrevocably fixed rate the ECU shall be substituted for these currencies, and the ECU will become a currency in its own right. This measure shall by itself not modify the external value of the ECU. The Council shall, acting according to the same procedure, also take the other measures necessary for the rapid introduction of the ECU as the single currency of those Member States. 5. If it is decided, according to the procedure set out in Article 122(2), to abrogate a derogation, the Council shall, acting with the unanimity of the Member States without a derogation and the Member State concerned, on a proposal from the Commission and after consulting the ECB, adopt the rate at which the ECU shall be substituted for the currency of the Member State concerned, and take the other measures necessary for the introduction of the ECU as the single currency in the Member State concerned. Article 124 (ex Article 109m) 1. Until the beginning of the third stage, each Member State shall treat its exchange-rate policy as a matter of common interest. In so doing, Member States shall take account of the experience acquired in cooperation within the framework of the European Monetary System (EMS) and in developing the ECU, and shall respect existing powers in this field. 2. From the beginning of the third stage and for as long as a Member State has a derogation, paragraph 1 shall apply by analogy to the exchange-rate policy of that Member State. TITLE VIII (ex Title VIa) EMPLOYMENT Article 125 (ex Article 109n) Member States and the Community shall, in accordance with this Title, work towards developing a coordinated strategy for employment and particularly for promoting a skilled, trained and adaptable workforce and labour markets responsive to economic change with a view to achieving the objectives defined in Article 2 of the Treaty on European Union and in Article 2 of this Treaty. Article 126 (ex Article 109o) 1. Member States, through their employment policies, shall contribute to the achievement of the objectives referred to in Article 125 in a way consistent with the broad guidelines of the economic policies of the Member States and of the Community adopted pursuant to Article 99(2). 2. Member States, having regard to national practices related to the responsibilities of management and labour, shall regard promoting employment as a matter of common concern and shall coordinate their action in this respect within the Council, in accordance with the provisions of Article 128. Article 127 (ex Article 109p) 1. The Community shall contribute to a high level of employment by encouraging cooperation between Member States and by supporting and, if necessary, complementing their action. In doing so, the competences of the Member States shall be respected. 2. The objective of a high level of employment shall be taken into consideration in the formulation and implementation of Community policies and activities. Article 128 (ex Article 109q) 1. The European Council shall each year consider the employment situation in the Community and adopt conclusions thereon, on the basis of a joint annual report by the Council and the Commission. 2. On the basis of the conclusions of the European Council, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee, the Committee of the Regions and the Employment Committee referred to in Article 130, shall each year draw up guidelines which the Member States shall take into account in their employment policies. These guidelines shall be consistent with the broad guidelines adopted pursuant to Article 99(2). 3. Each Member State shall provide the Council and the Commission with an annual report on the principal measures taken to implement its employment policy in the light of the guidelines for employment as referred to in paragraph 2. 4. The Council, on the basis of the reports referred to in paragraph 3 and having received the views of the Employment Committee, shall each year carry out an examination of the implementation of the employment policies of the Member States in the light of the guidelines for employment. The Council, acting by a qualified majority on a recommendation from the Commission, may, if it considers it appropriate in the light of that examination, make recommendations to Member States. 5. On the basis of the results of that examination, the Council and the Commission shall make a joint annual report to the European Council on the employment situation in the Community and on the implementation of the guidelines for employment. Article 129 (ex Article 109r) The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, may adopt incentive measures designed to encourage cooperation between Member States and to support their action in the field of employment through initiatives aimed at developing exchanges of information and best practices, providing comparative analysis and advice as well as promoting innovative approaches and evaluating experiences, in particular by recourse to pilot projects. Those measures shall not include harmonisation of the laws and regulations of the Member States. Article 130 (ex Article 109s) The Council, after consulting the European Parliament, shall establish an Employment Committee with advisory status to promote coordination between Member States on employment and labour market policies. The tasks of the Committee shall be: - to monitor the employment situation and employment policies in the Member States and the Community; - without prejudice to Article 207, to formulate opinions at the request of either the Council or the Commission or on its own initiative, and to contribute to the preparation of the Council proceedings referred to in Article 128. In fulfilling its mandate, the Committee shall consult management and labour. Each Member State and the Commission shall appoint two members of the Committee. TITLE IX (ex Title VII) COMMON COMMERCIAL POLICY Article 131 (ex Article 110) By establishing a customs union between themselves Member States aim to contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and the lowering of customs barriers. The common commercial policy shall take into account the favourable effect which the abolition of customs duties between Member States may have on the increase in the competitive strength of undertakings in those States. Article 132 (ex Article 112) 1. Without prejudice to obligations undertaken by them within the framework of other international organisations, Member States shall progressively harmonise the systems whereby they grant aid for exports to third countries, to the extent necessary to ensure that competition between undertakings of the Community is not distorted. On a proposal from the Commission, the Council shall, acting by a qualified majority, issue any directives needed for this purpose. 2. The preceding provisions shall not apply to such a drawback of customs duties or charges having equivalent effect nor to such a repayment of indirect taxation including turnover taxes, excise duties and other indirect taxes as is allowed when goods are exported from a Member State to a third country, insofar as such a drawback or repayment does not exceed the amount imposed, directly or indirectly, on the products exported. Article 133 (ex Article 113) 1. The common commercial policy shall be based on uniform principles, particularly in regard to changes in tariff rates, the conclusion of tariff and trade agreements, 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. 2. The Commission shall submit proposals to the Council for implementing the common commercial policy. 3. Where agreements with one or more States or international organisations need to be negotiated, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations. 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 relevant provisions of Article 300 shall apply. 4. In exercising the powers conferred upon it by this Article, the Council shall act by a qualified majority. 5. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may extend the application of paragraphs 1 to 4 to international negotiations and agreements on services and intellectual property insofar as they are not covered by these paragraphs. Article 134 (ex Article 115) In order to ensure that the execution of measures of commercial policy taken in accordance with this Treaty by any Member State is not obstructed by deflection of trade, or where differences between such measures lead to economic difficulties in one or more Member States, the Commission shall recommend the methods for the requisite cooperation between Member States. Failing this, the Commission may authorise Member States to take the necessary protective measures, the conditions and details of which it shall determine. In case of urgency, Member States shall request authorisation to take the necessary measures themselves from the Commission, which shall take a decision as soon as possible; the Member States concerned shall then notify the measures to the other Member States. The Commission may decide at any time that the Member States concerned shall amend or abolish the measures in question. In the selection of such measures, priority shall be given to those which cause the least disturbance of the functioning of the common market. TITLE X (ex Title VIIa) CUSTOMS COOPERATION Article 135 (ex Article 116) Within the scope of application of this Treaty, the Council, acting in accordance with the procedure referred to in Article 251, shall take measures in order to strengthen customs cooperation between Member States and between the latter and the Commission. These measures shall not concern the application of national criminal law or the national administration of justice. TITLE XI (ex Title VIII) SOCIAL POLICY, EDUCATION, VOCATIONAL TRAINING AND YOUTH Chapter 1 Social Provisions Article 136 (ex Article 117) The Community and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion. To this end the Community and the Member States shall implement measures which take account of the diverse forms of national practices, in particular in the field of contractual relations, and the need to maintain the competitiveness of the Community economy. They believe that such a development will ensue not only from the functioning of the common market, which will favour the harmonisation of social systems, but also from the procedures provided for in this Treaty and from the approximation of provisions laid down by law, regulation or administrative action. Article 137 (ex Article 118) 1. With a view to achieving the objectives of Article 136, the Community shall support and complement the activities of the Member States in the following fields: - improvement in particular of the working environment to protect workers' health and safety; - working conditions; - the information and consultation of workers; - the integration of persons excluded from the labour market, without prejudice to Article 150; - equality between men and women with regard to labour market opportunities and treatment at work. 2. To this end, the Council may adopt, by means of directives, minimum requirements for gradual implementation, having regard to the conditions and technical rules obtaining in each of the Member States. Such directives shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. The Council shall act in accordance with the procedure referred to in Article 251 after consulting the Economic and Social Committee and the Committee of the Regions. The Council, acting in accordance with the same procedure, may adopt measures designed to encourage cooperation between Member States through initiatives aimed at improving knowledge, developing exchanges of information and best practices, promoting innovative approaches and evaluating experiences in order to combat social exclusion. 3. However, the Council shall act unanimously on a proposal from the Commission, after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions in the following areas: - social security and social protection of workers; - protection of workers where their employment contract is terminated; - representation and collective defence of the interests of workers and employers, including co-determination, subject to paragraph 6; - conditions of employment for third-country nationals legally residing in Community territory; - financial contributions for promotion of employment and job-creation, without prejudice to the provisions relating to the Social Fund. 4. A Member State may entrust management and labour, at their joint request, with the implementation of directives adopted pursuant to paragraphs 2 and 3. In this case, it shall ensure that, no later than the date on which a directive must be transposed in accordance with Article 249, management and labour have introduced the necessary measures by agreement, the Member State concerned being required to take any necessary measure enabling it at any time to be in a position to guarantee the results imposed by that directive. 5. The provisions adopted pursuant to this Article shall not prevent any Member State from maintaining or introducing more stringent protective measures compatible with this Treaty. 6. The provisions of this Article shall not apply to pay, the right of association, the right to strike or the right to impose lock-outs. Article 138 (ex Article 118a) 1. The Commission shall have the task of promoting the consultation of management and labour at Community level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties. 2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Community action. 3. If, after such consultation, the Commission considers Community action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommendation. 4. On the occasion of such consultation, management and labour may inform the Commission of their wish to initiate the process provided for in Article 139. The duration of the procedure shall not exceed nine months, unless the management and labour concerned and the Commission decide jointly to extend it. Article 139 (ex Article 118b) 1. Should management and labour so desire, the dialogue between them at Community level may lead to contractual relations, including agreements. 2. Agreements concluded at Community level shall be implemented either in accordance with the procedures and practices specific to management and labour and the Member States or, in matters covered by Article 137, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission. The Council shall act by qualified majority, except where the agreement in question contains one or more provisions relating to one of the areas referred to in Article 137(3), in which case it shall act unanimously. Article 140 (ex Article 118c) With a view to achieving the objectives of Article 136 and without prejudice to the other provisions of this Treaty, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this chapter, particularly in matters relating to: - employment; - labour law and working conditions; - basic and advanced vocational training; - social security; - prevention of occupational accidents and diseases; - occupational hygiene; - the right of association and collective bargaining between employers and workers. To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations. Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee. Article 141 (ex Article 119) 1. Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied. 2. For the purpose of this Article, `pay' means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his employment, from his employer. Equal pay without discrimination based on sex means: (a) that pay for the same work at piece rates shall be calculated on the basis of the same unit of measurement; (b) that pay for work at time rates shall be the same for the same job. 3. The Council, acting in accordance with the procedure referred to in Article 251, and after consulting the Economic and Social Committee, shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value. 4. With a view to ensuring full equality in practice between men and women in working life, the principle of equal treatment shall not prevent any Member State from maintaining or adopting measures providing for specific advantages in order to make it easier for the under-represented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers. Article 142 (ex Article 119a) Member States shall endeavour to maintain the existing equivalence between paid holiday schemes. Article 143 (ex Article 120) The Commission shall draw up a report each year on progress in achieving the objectives of Article 136, including the demographic situation in the Community. It shall forward the report to the European Parliament, the Council and the Economic and Social Committee. The European Parliament may invite the Commission to draw up reports on particular problems concerning the social situation. Article 144 (ex Article 121) The Council may, acting unanimously and after consulting the Economic and Social Committee, assign to the Commission tasks in connection with the implementation of common measures, particularly as regards social security for the migrant workers referred to in Articles 39 to 42. Article 145 (ex Article 122) The Commission shall include a separate chapter on social developments within the Community in its annual report to the European Parliament. The European Parliament may invite the Commission to draw up reports on any particular problems concerning social conditions. Chapter 2 The European Social Fund Article 146 (ex Article 123) In order to improve employment opportunities for workers in the internal market and to contribute thereby to raising the standard of living, a European Social Fund is hereby established in accordance with the provisions set out below; it shall aim to render the employment of workers easier and to increase their geographical and occupational mobility within the Community, and to facilitate their adaptation to industrial changes and to changes in production systems, in particular through vocational training and retraining. Article 147 (ex Article 124) The Fund shall be administered by the Commission. The Commission shall be assisted in this task by a Committee presided over by a Member of the Commission and composed of representatives of governments, trade unions and employers' organisations. Article 148 (ex Article 125) The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt implementing decisions relating to the European Social Fund. Chapter 3 Education, vocational training and youth Article 149 (ex Article 126) 1. The Community shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity. 2. Community action shall be aimed at: - developing the European dimension in education, particularly through the teaching and dissemination of the languages of the Member States; - encouraging mobility of students and teachers, inter alia by encouraging the academic recognition of diplomas and periods of study; - promoting cooperation between educational establishments; - developing exchanges of information and experience on issues common to the education systems of the Member States; - encouraging the development of youth exchanges and of exchanges of socio-educational instructors; - encouraging the development of distance education. 3. The Community and the Member States shall foster cooperation with third countries and the competent international organisations in the field of education, in particular the Council of Europe. 4. In order to contribute to the achievement of the objectives referred to in this Article, the Council: - acting in accordance with the procedure referred to in Article 251, after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt incentive measures, excluding any harmonisation of the laws and regulations of the Member States; - acting by a qualified majority on a proposal from the Commission, shall adopt recommendations. Article 150 (ex Article 127) 1. The Community shall implement a vocational training policy which shall support and supplement the action of the Member States, while fully respecting the responsibility of the Member States for the content and organisation of vocational training. 2. Community action shall aim to: - facilitate adaptation to industrial changes, in particular through vocational training and retraining; - improve initial and continuing vocational training in order to facilitate vocational integration and reintegration into the labour market; - facilitate access to vocational training and encourage mobility of instructors and trainees and particularly young people; - stimulate cooperation on training between educational or training establishments and firms; - develop exchanges of information and experience on issues common to the training systems of the Member States. 3. The Community and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of vocational training. 4. The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt measures to contribute to the achievement of the objectives referred to in this Article, excluding any harmonisation of the laws and regulations of the Member States. TITLE XII (ex Title IX) CULTURE Article 151 (ex Article 128) 1. The Community shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore. 2. Action by the Community shall be aimed at encouraging cooperation between Member States and, if necessary, supporting and supplementing their action in the following areas: - improvement of the knowledge and dissemination of the culture and history of the European peoples; - conservation and safeguarding of cultural heritage of European significance; - non-commercial cultural exchanges; - artistic and literary creation, including in the audiovisual sector. 3. The Community and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of culture, in particular the Council of Europe. 4. The Community shall take cultural aspects into account in its action under other provisions of this Treaty, in particular in order to respect and to promote the diversity of its cultures. 5. In order to contribute to the achievement of the objectives referred to in this Article, the Council: - acting in accordance with the procedure referred to in Article 251 and after consulting the Committee of the Regions, shall adopt incentive measures, excluding any harmonisation of the laws and regulations of the Member States. The Council shall act unanimously throughout the procedure referred to in Article 251; - acting unanimously on a proposal from the Commission, shall adopt recommendations. TITLE XIII (ex Title X) PUBLIC HEALTH Article 152 (ex Article 129) 1. A high level of human health protection shall be ensured in the definition and implementation of all Community policies and activities. Community action, which shall complement national policies, shall be directed towards improving public health, preventing human illness and diseases, and obviating sources of danger to human health. Such action shall cover the fight against the major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health information and education. The Community shall complement the Member States' action in reducing drugs-related health damage, including information and prevention. 2. The Community shall encourage cooperation between the Member States in the areas referred to in this Article and, if necessary, lend support to their action. Member States shall, in liaison with the Commission, coordinate among themselves their policies and programmes in the areas referred to in paragraph 1. The Commission may, in close contact with the Member States, take any useful initiative to promote such coordination. 3. The Community and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of public health. 4. The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall contribute to the achievement of the objectives referred to in this Article through adopting: (a) measures setting high standards of quality and safety of organs and substances of human origin, blood and blood derivatives; these measures shall not prevent any Member State from maintaining or introducing more stringent protective measures; (b) by way of derogation from Article 37, measures in the veterinary and phytosanitary fields which have as their direct objective the protection of public health; (c) incentive measures designed to protect and improve human health, excluding any harmonisation of the laws and regulations of the Member States. The Council, acting by a qualified majority on a proposal from the Commission, may also adopt recommendations for the purposes set out in this Article. 5. Community action in the field of public health shall fully respect the responsibilities of the Member States for the organisation and delivery of health services and medical care. In particular, measures referred to in paragraph 4(a) shall not affect national provisions on the donation or medical use of organs and blood. TITLE XIV (ex Title XI) CONSUMER PROTECTION Article 153 (ex Article 129a) 1. In order to promote the interests of consumers and to ensure a high level of consumer protection, the Community shall contribute to protecting the health, safety and economic interests of consumers, as well as to promoting their right to information, education and to organise themselves in order to safeguard their interests. 2. Consumer protection requirements shall be taken into account in defining and implementing other Community policies and activities. 3. The Community shall contribute to the attainment of the objectives referred to in paragraph 1 through: (a) measures adopted pursuant to Article 95 in the context of the completion of the internal market; (b) measures which support, supplement and monitor the policy pursued by the Member States. 4. The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, shall adopt the measures referred to in paragraph 3(b). 5. Measures adopted pursuant to paragraph 4 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with this Treaty. The Commission shall be notified of them. TITLE XV (ex Title XII) TRANS-EUROPEAN NETWORKS Article 154 (ex Article 129b) 1. To help achieve the objectives referred to in Articles 14 and 158 and to enable citizens of the Union, economic operators and regional and local communities to derive full benefit from the setting-up of an area without internal frontiers, the Community shall contribute to the establishment and development of trans-European networks in the areas of transport, telecommunications and energy infrastructures. 2. Within the framework of a system of open and competitive markets, action by the Community shall aim at promoting the interconnection and interoperability of national networks as well as access to such networks. It shall take account in particular of the need to link island, landlocked and peripheral regions with the central regions of the Community. Article 155 (ex Article 129c) 1. In order to achieve the objectives referred to in Article 154, the Community: - shall establish a series of guidelines covering the objectives, priorities and broad lines of measures envisaged in the sphere of trans-European networks; these guidelines shall identify projects of common interest; - shall implement any measures that may prove necessary to ensure the interoperability of the networks, in particular in the field of technical standardisation; - may support projects of common interest supported by Member States, which are identified in the framework of the guidelines referred to in the first indent, particularly through feasibility studies, loan guarantees or interest-rate subsidies; the Community may also contribute, through the Cohesion Fund set up pursuant to Article 161, to the financing of specific projects in Member States in the area of transport infrastructure. The Community's activities shall take into account the potential economic viability of the projects. 2. Member States shall, in liaison with the Commission, coordinate among themselves the policies pursued at national level which may have a significant impact on the achievement of the objectives referred to in Article 154. The Commission may, in close cooperation with the Member State, take any useful initiative to promote such coordination. 3. The Community may decide to cooperate with third countries to promote projects of mutual interest and to ensure the interoperability of networks. Article 156 (ex Article 129d) The guidelines and other measures referred to in Article 155(1) shall be adopted by the Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions. Guidelines and projects of common interest which relate to the territory of a Member State shall require the approval of the Member State concerned. TITLE XVI (ex Title XIII) INDUSTRY Article 157 (ex Article 130) 1. The Community and the Member States shall ensure that the conditions necessary for the competitiveness of the Community's industry exist. For that purpose, in accordance with a system of open and competitive markets, their action shall be aimed at: - speeding up the adjustment of industry to structural changes; - encouraging an environment favourable to initiative and to the development of undertakings throughout the Community, particularly small and medium-sized undertakings; - encouraging an environment favourable to cooperation between undertakings; - fostering better exploitation of the industrial potential of policies of innovation, research and technological development. 2. The Member States shall consult each other in liaison with the Commission and, where necessary, shall coordinate their action. The Commission may take any useful initiative to promote such coordination. 3. The Community shall contribute to the achievement of the objectives set out in paragraph 1 through the policies and activities it pursues under other provisions of this Treaty. The Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament and the Economic and Social Committee, may decide on specific measures in support of action taken in the Member States to achieve the objectives set out in paragraph 1. This Title shall not provide a basis for the introduction by the Community of any measure which could lead to a distortion of competition. TITLE XVII (ex Title XIV) ECONOMIC AND SOCIAL COHESION Article 158 (ex Article 130a) In order to promote its overall harmonious development, the Community shall develop and pursue its actions leading to the strengthening of its economic and social cohesion. In particular, the Community shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, including rural areas. Article 159 (ex Article 130b) Member States shall conduct their economic policies and shall coordinate them in such a way as, in addition, to attain the objectives set out in Article 158. The formulation and implementation of the Community's policies and actions and the implementation of the internal market shall take into account the objectives set out in Article 158 and shall contribute to their achievement. The Community shall also support the achievement of these objectives by the action it takes through the Structural Funds (European Agricultural Guidance and Guarantee Fund, Guidance Section; European Social Fund; European Regional Development Fund), the European Investment Bank and the other existing financial instruments. The Commission shall submit a report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions every three years on the progress made towards achieving economic and social cohesion and on the manner in which the various means provided for in this Article have contributed to it. This report shall, if necessary, be accompanied by appropriate proposals. If specific actions prove necessary outside the Funds and without prejudice to the measures decided upon within the framework of the other Community policies, such actions may be adopted by 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. Article 160 (ex Article 130c) The European Regional Development Fund is intended to help to redress the main regional imbalances in the Community through participation in the development and structural adjustment of regions whose development is lagging behind and in the conversion of declining industrial regions. Article 161 (ex Article 130d) Without prejudice to Article 162, the Council, acting unanimously on a proposal from the Commission and after obtaining the assent of the European Parliament and consulting the Economic and Social Committee and the Committee of the Regions, shall define the tasks, priority objectives and the organisation of the Structural Funds, which may involve grouping the Funds. The Council, acting by the same procedure, shall also define the general rules applicable to them and the provisions necessary to ensure their effectiveness and the coordination of the Funds with one another and with the other existing financial instruments. A Cohesion Fund set up by the Council in accordance with the same procedure shall provide a financial contribution to projects in the fields of environment and trans-European networks in the area of transport infrastructure. Article 162 (ex Article 130e) Implementing decisions relating to the European Regional Development Fund shall be taken by the Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions. With regard to the European Agricultural Guidance and Guarantee Fund, Guidance Section, and the European Social Fund, Articles 37 and 148 respectively shall continue to apply. TITLE XVIII (ex Title XV) RESEARCH AND TECHNOLOGICAL DEVELOPMENT Article 163 (ex Article 130f) 1. The Community shall have the objective of strengthening the scientific and technological bases of Community industry and encouraging it to become more competitive at international level, while promoting all the research activities deemed necessary by virtue of other Chapters of this Treaty. 2. For this purpose the Community shall, throughout the Community, encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities of high quality; it shall support their efforts to cooperate with one another, aiming, notably, at enabling undertakings to exploit the internal market potential to the full, in particular through the opening-up of national public contracts, the definition of common standards and the removal of legal and fiscal obstacles to that cooperation. 3. All Community activities under this Treaty in the area of research and technological development, including demonstration projects, shall be decided on and implemented in accordance with the provisions of this Title. Article 164 (ex Article 130g) In pursuing these objectives, the Community shall carry out the following activities, complementing the activities carried out in the Member States: (a) implementation of research, technological development and demonstration programmes, by promoting cooperation with and between undertakings, research centres and universities; (b) promotion of cooperation in the field of Community research, technological development and demonstration with third countries and international organisations; (c) dissemination and optimisation of the results of activities in Community research, technological development and demonstration; (d) stimulation of the training and mobility of researchers in the Community. Article 165 (ex Article 130h) 1. The Community and the Member States shall coordinate their research and technological development activities so as to ensure that national policies and Community policy are mutually consistent. 2. In close cooperation with the Member State, the Commission may take any useful initiative to promote the coordination referred to in paragraph 1. Article 166 (ex Article 130i) 1. A multiannual framework programme, setting out all the activities of the Community, shall be adopted by the Council, acting in accordance with the procedure referred to in Article 251 after consulting the Economic and Social Committee. The framework programme shall: - establish the scientific and technological objectives to be achieved by the activities provided for in Article 164 and fix the relevant priorities; - indicate the broad lines of such activities; - fix the maximum overall amount and the detailed rules for Community financial participation in the framework programme and the respective shares in each of the activities provided for. 2. The framework programme shall be adapted or supplemented as the situation changes. 3. The framework programme shall be implemented through specific programmes developed within each activity. Each specific programme shall define the detailed rules for implementing it, fix its duration and provide for the means deemed necessary. The sum of the amounts deemed necessary, fixed in the specific programmes, may not exceed the overall maximum amount fixed for the framework programme and each activity. 4. The Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall adopt the specific programmes. Article 167 (ex Article 130j) For the implementation of the multiannual framework programme the Council shall: - determine the rules for the participation of undertakings, research centres and universities; - lay down the rules governing the dissemination of research results. Article 168 (ex Article 130k) In implementing the multiannual framework programme, supplementary programmes may be decided on involving the participation of certain Member States only, which shall finance them subject to possible Community participation. The Council shall adopt the rules applicable to supplementary programmes, particularly as regards the dissemination of knowledge and access by other Member States. Article 169 (ex Article 130l) In implementing the multiannual framework programme the Community may make provision, in agreement with the Member States concerned, for participation in research and development programmes undertaken by several Member States, including participation in the structures created for the execution of those programmes. Article 170 (ex Article 130m) In implementing the multiannual framework programme the Community may make provision for cooperation in Community research, technological development and demonstration with third countries or international organisations. The detailed arrangements for such cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300. Article 171 (ex Article 130n) The Community may set up joint undertakings or any other structure necessary for the efficient execution of Community research, technological development and demonstration programmes. Article 172 (ex Article 130o) The Council, acting by qualified majority on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall adopt the provisions referred to in Article 171. The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, shall adopt the provisions referred to in Articles 167, 168 and 169. Adoption of the supplementary programmes shall require the agreement of the Member States concerned. Article 173 (ex Article 130p) At the beginning of each year the Commission shall send a report to the European Parliament and the Council. The report shall include information on research and technological development activities and the dissemination of results during the previous year, and the work programme for the current year. TITLE XIX (ex Title XVI) ENVIRONMENT Article 174 (ex Article 130r) 1. Community policy on the environment shall contribute to pursuit of the following objectives: - preserving, protecting and improving the quality of the environment; - protecting human health; - prudent and rational utilisation of natural resources; - promoting measures at international level to deal with regional or worldwide environmental problems. 2. Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a Community inspection procedure. 3. In preparing its policy on the environment, the Community shall take account of: - available scientific and technical data; - environmental conditions in the various regions of the Community; - the potential benefits and costs of action or lack of action; - the economic and social development of the Community as a whole and the balanced development of its regions. 4. Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Community cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300. The previous subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements. Article 175 (ex Article 130s) 1. The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Community in order to achieve the objectives referred to in Article 174. 2. By way of derogation from the decision-making procedure provided for in paragraph 1 and without prejudice to Article 95, 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, shall adopt: - provisions primarily of a fiscal nature; - measures concerning town and country planning, land use with the exception of waste management and measures of a general nature, and management of water resources; - measures significantly affecting a Member State's choice between different energy sources and the general structure of its energy supply. The Council may, under the conditions laid down in the preceding subparagraph, define those matters referred to in this paragraph on which decisions are to be taken by a qualified majority. 3. In other areas, general action programmes setting out priority objectives to be attained shall be adopted by the Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions. The Council, acting under the terms of paragraph 1 or paragraph 2 according to the case, shall adopt the measures necessary for the implementation of these programmes. 4. Without prejudice to certain measures of a Community nature, the Member States shall finance and implement the environment policy. 5. Without prejudice to the principle that the polluter should pay, if a measure based on the provisions of paragraph 1 involves costs deemed disproportionate for the public authorities of a Member State, the Council shall, in the act adopting that measure, lay down appropriate provisions in the form of: - temporary derogations, and/or - financial support from the Cohesion Fund set up pursuant to Article 161. Article 176 (ex Article 130t) The protective measures adopted pursuant to Article 175 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with this Treaty. They shall be notified to the Commission. TITLE XX (ex Title XVII) DEVELOPMENT COOPERATION Article 177 (ex Article 130u) 1. Community policy in the sphere of development cooperation, which shall be complementary to the policies pursued by the Member States, shall foster: - the sustainable economic and social development of the developing countries, and more particularly the most disadvantaged among them; - the smooth and gradual integration of the developing countries into the world economy; - the campaign against poverty in the developing countries. 2. Community policy in this area shall contribute to the general objective of developing and consolidating democracy and the rule of law, and to that of respecting human rights and fundamental freedoms. 3. The Community and the Member States shall comply with the commitments and take account of the objectives they have approved in the context of the United Nations and other competent international organisations. Article 178 (ex Article 130v) The Community shall take account of the objectives referred to in Article 177 in the policies that it implements which are likely to affect developing countries. Article 179 (ex Article 130w) 1. Without prejudice to the other provisions of this Treaty, the Council, acting in accordance with the procedure referred to in Article 251, shall adopt the measures necessary to further the objectives referred to in Article 177. Such measures may take the form of multiannual programmes. 2. The European Investment Bank shall contribute, under the terms laid down in its Statute, to the implementation of the measures referred to in paragraph 1. 3. The provisions of this Article shall not affect cooperation with the African, Caribbean and Pacific countries in the framework of the ACP-EC Convention. Article 180 (ex Article 130x) 1. The Community and the Member States shall coordinate their policies on development cooperation and shall consult each other on their aid programmes, including in international organisations and during international conferences. They may undertake joint action. Member States shall contribute if necessary to the implementation of Community aid programmes. 2. The Commission may take any useful initiative to promote the coordination referred to in paragraph 1. Article 181 (ex Article 130y) Within their respective spheres of competence, the Community and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Community cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300. The previous paragraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements. PART FOUR ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES Article 182 (ex Article 131) The Member States agree to associate with the Community the non-European countries and territories which have special relations with Denmark, France, the Netherlands and the United Kingdom. These countries and territories (hereinafter called the `countries and territories') are listed in Annex II to this Treaty. The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Community as a whole. In accordance with the principles set out in the Preamble to this Treaty, association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire. Article 183 (ex Article 132) Association shall have the following objectives. (1) Member States shall apply to their trade with the countries and territories the same treatment as they accord each other pursuant to this Treaty. (2) Each country or territory shall apply to its trade with Member States and with the other countries and territories the same treatment as that which it applies to the European State with which is has special relations. (3) The Member States shall contribute to the investments required for the progressive development of these countries and territories. (4) For investments financed by the Community, participation in tenders and supplies shall be open on equal terms to all natural and legal persons who are nationals of a Member State or of one of the countries and territories. (5) In relations between Member States and the countries and territories the right of establishment of nationals and companies or firms shall be regulated in accordance with the provisions and procedures laid down in the Chapter relating to the right of establishment and on a non-discriminatory basis, subject to any special provisions laid down pursuant to Article 187. Article 184 (ex Article 133) 1. Customs duties on imports into the Member States of goods originating in the countries and territories shall be prohibited in conformity with the prohibition of customs duties between Member States in accordance with the provisions of this Treaty. 2. Customs duties on imports into each country or territory from Member States or from the other countries or territories shall be prohibited in accordance with the provisions of Article 25. 3. The countries and territories may, however, levy customs duties which meet the needs of their development and industrialisation or produce revenue for their budgets. The duties referred to in the preceding subparagraph may not exceed the level of those imposed on imports of products from the Member State with which each country or territory has special relations. 4. Paragraph 2 shall not apply to countries and territories which, by reason of the particular international obligations by which they are bound, already apply a non-discriminatory customs tariff. 5. The introduction of or any change in customs duties imposed on goods imported into the countries and territories shall not, either in law or in fact, give rise to any direct or indirect discrimination between imports from the various Member States. Article 185 (ex Article 134) If the level of the duties applicable to goods from a third country on entry into a country or territory is liable, when the provisions of Article 184(1) have been applied, to cause deflections of trade to the detriment of any Member State, the latter may request the Commission to propose to the other Member States the measures needed to remedy the situation. Article 186 (ex Article 135) Subject to the provisions relating to public health, public security or public policy, freedom of movement within Member States for workers from the countries and territories, and within the countries and territories for workers from Member States, shall be governed by agreements to be concluded subsequently with the unanimous approval of Member States. Article 187 (ex Article 136) The Council, acting unanimously, shall, on the basis of the experience acquired under the association of the countries and territories with the Community and of the principles set out in this Treaty, lay down provisions as regards the detailed rules and the procedure for the association of the countries and territories with the Community. Article 188 (ex Article 136a) The provisions of Articles 182 to 187 shall apply to Greenland, subject to the specific provisions for Greenland set out in the Protocol on special arrangements for Greenland, annexed to this Treaty. PART FIVE INSTITUTIONS OF THE COMMUNITY TITLE I PROVISIONS GOVERNING THE INSTITUTIONS Chapter 1 The institutions Section 1 The European Parliament Article 189 (ex Article 137) The European Parliament, which shall consist of representatives of the peoples of the States brought together in the Community, shall exercise the powers conferred upon it by this Treaty. The number of Members of the European Parliament shall not exceed seven hundred. Article 190 (ex Article 138) 1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be elected by direct universal suffrage. 2. The number of representatives elected in each Member State shall be as follows: Belgium 25 Denmark 16 Germany 99 Greece 25 Spain 64 France 87 Ireland 15 Italy 87 Luxembourg 6 Netherlands 31 Austria 21 Portugal 25 Finland 16 Sweden 22 United Kingdom 87. In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States brought together in the Community. 3. Representatives shall be elected for a term of five years. 4. The European Parliament shall draw up a proposal for elections by direct universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to all Member States. The Council shall, acting unanimously after obtaining the assent of the European Parliament, which shall act by a majority of its component members, lay down the appropriate provisions, which it shall recommend to Member States for adoption in accordance with their respective constitutional requirements. 5. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting unanimously, lay down the regulations and general conditions governing the performance of the duties of its Members. Article 191 (ex Article 138a) Political parties at European level are important as a factor for integration within the Union. They contribute to forming a European awareness and to expressing the political will of the citizens of the Union. Article 192 (ex Article 138b) Insofar as provided in this Treaty, the European Parliament shall participate in the process leading up to the adoption of Community acts by exercising its powers under the procedures laid down in Articles 251 and 252 and by giving its assent or delivering advisory opinions. The European Parliament may, acting by a majority of its Members, request the Commission to submit any appropriate proposal on matters on which it considers that a Community act is required for the purpose of implementing this Treaty. Article 193 (ex Article 138c) In the course of its duties, the European Parliament may, at the request of a quarter of its Members, set up a temporary Committee of Inquiry to investigate, without prejudice to the powers conferred by this Treaty on other institutions or bodies, alleged contraventions or maladministration in the implementation of Community law, except where the alleged facts are being examined before a court and while the case is still subject to legal proceedings. The temporary Committee of Inquiry shall cease to exist on the submission of its report. The detailed provisions governing the exercise of the right of inquiry shall be determined by common accord of the European Parliament, the Council and the Commission. Article 194 (ex Article 138d) Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have the right to address, individually or in association with other citizens or persons, a petition to the European Parliament on a matter which comes within the Community's fields of activity and which affects him, her or it directly. Article 195 (ex Article 138e) 1. The European Parliament shall appoint an Ombudsman empowered to receive complaints from any citizen of the Union or any natural or legal person residing or having its registered office in a Member State concerning instances of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role. In accordance with his duties, the Ombudsman shall conduct inquiries for which he finds grounds, either on his own initiative or on the basis of complaints submitted to him direct or through a Member of the European Parliament, except where the alleged facts are or have been the subject of legal proceedings. Where the Ombudsman establishes an instance of maladministration, he shall refer the matter to the institution concerned, which shall have a period of three months in which to inform him of its views. The Ombudsman shall then forward a report to the European Parliament and the institution concerned. The person lodging the complaint shall be informed of the outcome of such inquiries. The Ombudsman shall submit an annual report to the European Parliament on the outcome of his inquiries. 2. The Ombudsman shall be appointed after each election of the European Parliament for the duration of its term of office. The Ombudsman shall be eligible for reappointment. The Ombudsman may be dismissed by the Court of Justice at the request of the European Parliament if he no longer fulfils the conditions required for the performance of his duties or if he is guilty of serious misconduct. 3. The Ombudsman shall be completely independent in the performance of his duties. In the performance of those duties he shall neither seek nor take instructions from any body. The Ombudsman may not, during his term of office, engage in any other occupation, whether gainful or not. 4. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting by a qualified majority, lay down the regulations and general conditions governing the performance of the Ombudsman's duties. Article 196 (ex Article 139) The European Parliament shall hold an annual session. It shall meet, without requiring to be convened, on the second Tuesday in March. The European Parliament may meet in extraordinary session at the request of a majority of its Members or at the request of the Council or of the Commission. Article 197 (ex Article 140) The European Parliament shall elect its President and its officers from among its Members. Members of the Commission may attend all meetings and shall, at their request, be heard on behalf of the Commission. The Commission shall reply orally or in writing to questions put to it by the European Parliament or by its Members. The Council shall be heard by the European Parliament in accordance with the conditions laid down by the Council in its Rules of Procedure. Article 198 (ex Article 141) Save as otherwise provided in this Treaty, the European Parliament shall act by an absolute majority of the votes cast. The Rules of Procedure shall determine the quorum. Article 199 (ex Article 142) The European Parliament shall adopt its Rules of Procedure, acting by a majority of its Members. The proceedings of the European Parliament shall be published in the manner laid down in its Rules of Procedure. Article 200 (ex Article 143) The European Parliament shall discuss in open session the annual general report submitted to it by the Commission. Article 201 (ex Article 144) If a motion of censure on the activities of the Commission is tabled before it, the European Parliament shall not vote thereon until at least three days after the motion has been tabled and only by open vote. If the motion of censure is carried by a two-thirds majority of the votes cast, representing a majority of the Members of the European Parliament, the Members of the Commission shall resign as a body. They shall continue to deal with current business until they are replaced in accordance with Article 214. 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. Section 2 The Council Article 202 (ex Article 145) To ensure that the objectives set out in this Treaty are attained the Council shall, in accordance with the provisions of this Treaty: - ensure coordination of the general economic policies of the Member States; - have power to take decisions; - confer on the Commission, in the acts which the Council adopts, powers for the implementation of the rules which the Council lays down. The Council may impose certain requirements in respect of the exercise of these powers. The Council may also reserve the right, in specific cases, to exercise directly implementing powers itself. The procedures referred to above must be consonant with principles and rules to be laid down in advance by the Council, acting unanimously on a proposal from the Commission and after obtaining the Opinion of the European Parliament. Article 203 (ex Article 146) The Council shall consist of a representative of each Member State at ministerial level, authorised to commit the government of that Member State. The office of President shall be held in turn by each Member State in the Council for a term of six months in the order decided by the Council acting unanimously. Article 204 (ex Article 147) The Council shall meet when convened by its President on his own initiative or at the request of one of its members or of the Commission. Article 205 (ex Article 148) 1. Save as otherwise provided in this Treaty, the Council shall act by a majority of its members. 2. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as follows: Belgium 5 Denmark 3 Germany 10 Greece 5 Spain 8 France 10 Ireland 3 Italy 10 Luxembourg 2 Netherlands 5 Austria 4 Portugal 5 Finland 3 Sweden 4 United Kingdom 10. For their adoption, acts of the Council shall require at least: - 62 votes in favour where this Treaty requires them to be adopted on a proposal from the Commission, - 62 votes in favour, cast by at least 10 members, in other cases. 3. Abstentions by members present in person or represented shall not prevent the adoption by the Council of acts which require unanimity. Article 206 (ex Article 150) Where a vote is taken, any member of the Council may also act on behalf of not more than one other member. Article 207 (ex Article 151) 1. A committee consisting of the Permanent Representatives 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 Council. 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, High Representative for the common foreign and security policy, who shall be assisted by a Deputy Secretary-General responsible for the running of the General Secretariat. The Secretary-General and the Deputy Secretary-General shall be appointed by the Council acting unanimously. The Council shall decide on the organisation of the General Secretariat. 3. The Council shall adopt its Rules of Procedure. For the purpose of applying Article 255(3), the Council shall elaborate in these Rules the conditions under which the public shall have access to Council documents. For the purpose of this paragraph, the Council shall define the cases in which it is to be regarded as acting in its legislative capacity, with a view to allowing greater access to documents in those cases, while at the same time preserving the effectiveness of its decision-making process. In any event, when the Council acts in its legislative capacity, the results of votes and explanations of vote as well as statements in the minutes shall be made public. Article 208 (ex Article 152) The Council may request the Commission to undertake any studies the Council considers desirable for the attainment of the common objectives, and to submit to it any appropriate proposals. Article 209 (ex Article 153) The Council shall, after receiving an opinion from the Commission, determine the rules governing the committees provided for in this Treaty. Article 210 (ex Article 154) The Council shall, acting by a qualified majority, determine the salaries, allowances and pensions of the President and Members of the Commission, and of the President, Judges, Advocates-General and Registrar of the Court of Justice. It shall also, again by a qualified majority, determine any payment to be made instead of remuneration. Section 3 The Commission Article 211 (ex Article 155) In order to ensure the proper functioning and development of the common market, the Commission shall: - ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied; - formulate recommendations or deliver opinions on matters dealt with in this Treaty, if it expressly so provides or if the Commission considers it necessary; - have its own power of decision and participate in the shaping of measures taken by the Council and by the European Parliament in the manner provided for in this Treaty; - exercise the powers conferred on it by the Council for the implementation of the rules laid down by the latter. Article 212 (ex Article 156) The Commission shall publish annually, not later than one month before the opening of the session of the European Parliament, a general report on the activities of the Community. Article 213 (ex Article 157) 1. The Commission shall consist of 20 Members, who shall be chosen on the grounds of their general competence and whose independence is beyond doubt. The number of Members of the Commission may be altered by the Council, acting unanimously. Only nationals of Member States may be Members of the Commission. The Commission must include at least one national of each of the Member States, but may not include more than two Members having the nationality of the same State. 2. The Members of the Commission shall, in the general interest of the Community, be completely independent in the performance of their duties. In the performance of these duties, they shall neither seek nor take instructions from any government or from any other body. They shall refrain from any action incompatible with their duties. Each Member State undertakes to respect this principle and not to seek to influence the Members of the Commission in the performance of their tasks. The Members of the Commission may not, during their term of office, engage in any other occupation, whether gainful or not. When entering upon their duties they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom and in particular their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits. In the event of any breach of these obligations, the Court of Justice may, on application by the Council or the Commission, rule that the Member concerned be, according to the circumstances, either compulsorily retired in accordance with Article 216 or deprived of his right to a pension or other benefits in its stead. Article 214 (ex Article 158) 1. The Members of the Commission shall be appointed, in accordance with the procedure referred to in paragraph 2, for a period of five years, subject, if need be, to Article 201. Their term of office shall be renewable. 2. The governments of the Member States shall nominate by common accord the person they intend to appoint as President of the Commission; the nomination shall be approved by the European Parliament. The governments of the Member States shall, by common accord with the nominee for President, nominate the other persons whom they intend to appoint as Members of the Commission. The President and the other Members of the Commission thus nominated shall be subject as a body to a vote of approval by the European Parliament. After approval by the European Parliament, the President and the other Members of the Commission shall be appointed by common accord of the governments of the Member States. Article 215 (ex Article 159) Apart from normal replacement, or death, the duties of a Member of the Commission shall end when he resigns or is compulsorily retired. The vacancy thus caused shall be filled for the remainder of the Member's term of office by a new Member appointed by common accord of the governments of the Member States. The Council may, acting unanimously, decide that such a vacancy need not be filled. In the event of resignation, compulsory retirement or death, the President shall be replaced for the remainder of his term of office. The procedure laid down in Article 214(2) shall be applicable for the replacement of the President. Save in the case of compulsory retirement under Article 216, Members of the Commission shall remain in office until they have been replaced. Article 216 (ex Article 160) If any Member of the Commission no longer fulfils the conditions required for the performance of his duties or if he has been guilty of serious misconduct, the Court of Justice may, on application by the Council or the Commission, compulsorily retire him. Article 217 (ex Article 161) The Commission may appoint a Vice-President or two Vice-Presidents from among its Members. Article 218 (ex Article 162) 1. The Council and the Commission shall consult each other and shall settle by common accord their methods of cooperation. 2. The Commission shall adopt its Rules of Procedure so as to ensure that both it and its departments operate in accordance with the provisions of this Treaty. It shall ensure that these rules are published. Article 219 (ex Article 163) The Commission shall work under the political guidance of its President. The Commission shall act by a majority of the number of Members provided for in Article 213. A meeting of the Commission shall be valid only if the number of Members laid down in its Rules of Procedure is present. Section 4 The Court of Justice Article 220 (ex Article 164) The Court of Justice shall ensure that in the interpretation and application of this Treaty the law is observed. Article 221 (ex Article 165) The Court of Justice shall consist of 15 Judges. The Court of Justice shall sit in plenary session. It may, however, form chambers, each consisting of three, five or seven Judges, either to undertake certain preparatory inquiries or to adjudicate on particular categories of cases in accordance with rules laid down for these purposes. The Court of Justice shall sit in plenary session when a Member State or a Community institution that is a party to the proceedings so requests. Should the Court of Justice so request, the Council may, acting unanimously, increase the number of Judges and make the necessary adjustments to the second and third paragraphs of this Article and to the second paragraph of Article 223. Article 222 (ex Article 166) The Court of Justice shall be assisted by eight Advocates-General. However, a ninth Advocate-General shall be appointed as from 1 January 1995 until 6 October 2000. It shall be the duty of the Advocate-General, acting with complete impartiality and independence, to make, in open court, reasoned submissions on cases brought before the Court of Justice, in order to assist the Court in the performance of the task assigned to it in Article 220. Should the Court of Justice so request, the Council may, acting unanimously, increase the number of Advocates-General and make the necessary adjustments to the third paragraph of Article 223. Article 223 (ex Article 167) The Judges and Advocates-General shall be chosen from persons whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are jurisconsults of recognised competence; they shall be appointed by common accord of the governments of the Member States for a term of six years. Every three years there shall be a partial replacement of the Judges. Eight and seven Judges shall be replaced alternately. Every three years there shall be a partial replacement of the Advocates-General. Four Advocates-General shall be replaced on each occasion. Retiring Judges and Advocates-General shall be eligible for reappointment. The Judges shall elect the President of the Court of Justice from among their number for a term of three years. He may be re-elected. Article 224 (ex Article 168) The Court of Justice shall appoint its Registrar and lay down the rules governing his service. Article 225 (ex Article 168a) 1. A Court of First Instance shall be attached to the Court of Justice with jurisdiction to hear and determine at first instance, subject to a right of appeal to the Court of Justice on points of law only and in accordance with the conditions laid down by the Statute, certain classes of action or proceeding defined in accordance with the conditions laid down in paragraph 2. The Court of First Instance shall not be competent to hear and determine questions referred for a preliminary ruling under Article 234. 2. At the request of the Court of Justice and after consulting the European Parliament and the Commission, the Council, acting unanimously, shall determine the classes of action or proceeding referred to in paragraph 1 and the composition of the Court of First Instance and shall adopt the necessary adjustments and additional provisions to the Statute of the Court of Justice. Unless the Council decides otherwise, the provisions of this Treaty relating to the Court of Justice, in particular the provisions of the Protocol on the Statute of the Court of Justice, shall apply to the Court of First Instance. 3. The members of the Court of First Instance shall be chosen from persons whose independence is beyond doubt and who possess the ability required for appointment to judicial office; they shall be appointed by common accord of the governments of the Member States for a term of six years. The membership shall be partially renewed every three years. Retiring members shall be eligible for reappointment. 4. The Court of First Instance shall establish its Rules of Procedure in agreement with the Court of Justice. Those rules shall require the unanimous approval of the Council. Article 226 (ex Article 169) If the Commission considers that a Member State has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations. If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice. Article 227 (ex Article 170) A Member State which considers that another Member State has failed to fulfil an obligation under this Treaty may bring the matter before the Court of Justice. Before a Member State brings an action against another Member State for an alleged infringement of an obligation under this Treaty, it shall bring the matter before the Commission. The Commission shall deliver a reasoned opinion after each of the States concerned has been given the opportunity to submit its own case and its observations on the other party's case both orally and in writing. If the Commission has not delivered an opinion within three months of the date on which the matter was brought before it, the absence of such opinion shall not prevent the matter from being brought before the Court of Justice. Article 228 (ex Article 171) 1. If the Court of Justice finds that a Member State has failed to fulfil an obligation under this Treaty, the State shall be required to take the necessary measures to comply with the judgment of the Court of Justice. 2. If the Commission considers that the Member State concerned has not taken such measures it shall, after giving that State the opportunity to submit its observations, issue a reasoned opinion specifying the points on which the Member State concerned has not complied with the judgment of the Court of Justice. If the Member State concerned fails to take the necessary measures to comply with the Court's judgment within the time-limit laid down by the Commission, the latter may bring the case before the Court of Justice. In so doing 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. If the Court of Justice finds that the Member State concerned has not complied with its judgment it may impose a lump sum or penalty payment on it. This procedure shall be without prejudice to Article 227. Article 229 (ex Article 172) Regulations adopted jointly by the European Parliament and the Council, and by the Council, pursuant to the provisions of this Treaty, may give the Court of Justice unlimited jurisdiction with regard to the penalties provided for in such regulations. Article 230 (ex Article 173) The Court of Justice shall review the legality of acts adopted jointly by the European Parliament and the Council, of acts of the Council, of the Commission and of the ECB, other than recommendations and opinions, and of acts of the European Parliament intended to produce legal effects vis-`a-vis third parties. It shall for this purpose have jurisdiction in actions brought by a Member State, the Council or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers. The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament, by the Court of Auditors and by the ECB for the purpose of protecting their prerogatives. Any natural or legal person may, under the same conditions, institute proceedings against a decision addressed to that person or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former. The proceedings provided for in this Article shall be instituted within two months of the publication of the measure, or of its notification to the plaintiff, or, in the absence thereof, of the day on which it came to the knowledge of the latter, as the case may be. Article 231 (ex Article 174) If the action is well founded, the Court of Justice shall declare the act concerned to be void. In the case of a regulation, however, the Court of Justice shall, if it considers this necessary, state which of the effects of the regulation which it has declared void shall be considered as definitive. Article 232 (ex Article 175) Should the European Parliament, the Council or the Commission, in infringement of this Treaty, fail to act, the Member States and the other institutions of the Community may bring an action before the Court of Justice to have the infringement established. The action shall be admissible only if the institution concerned has first been called upon to act. If, within two months of being so called upon, the institution concerned has not defined its position, the action may be brought within a further period of two months. Any natural or legal person may, under the conditions laid down in the preceding paragraphs, complain to the Court of Justice that an institution of the Community has failed to address to that person any act other than a recommendation or an opinion. The Court of Justice shall have jurisdiction, under the same conditions, in actions or proceedings brought by the ECB in the areas falling within the latter's field of competence and in actions or proceedings brought against the latter. Article 233 (ex Article 176) The institution or institutions whose act has been declared void or whose failure to act has been declared contrary to this Treaty shall be required to take the necessary measures to comply with the judgment of the Court of Justice. This obligation shall not affect any obligation which may result from the application of the second paragraph of Article 288. This Article shall also apply to the ECB. Article 234 (ex Article 177) The Court of Justice shall have jurisdiction to give preliminary rulings concerning: (a) the interpretation of this Treaty; (b) the validity and interpretation of acts of the institutions of the Community and of the ECB; (c) the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide. Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon. Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice. Article 235 (ex Article 178) The Court of Justice shall have jurisdiction in disputes relating to compensation for damage provided for in the second paragraph of Article 288. Article 236 (ex Article 179) The Court of Justice shall have jurisdiction in any dispute between the Community and its servants within the limits and under the conditions laid down in the Staff Regulations or the Conditions of Employment. Article 237 (ex Article 180) The Court of Justice shall, within the limits hereinafter laid down, have jurisdiction in disputes concerning: (a) the fulfilment by Member States of obligations under the Statute of the European Investment Bank. In this connection, the Board of Directors of the Bank shall enjoy the powers conferred upon the Commission by Article 226; (b) measures adopted by the Board of Governors of the European Investment Bank. In this connection, any Member State, the Commission or the Board of Directors of the Bank may institute proceedings under the conditions laid down in Article 230; (c) measures adopted by the Board of Directors of the European Investment Bank. Proceedings against such measures may be instituted only by Member States or by the Commission, under the conditions laid down in Article 230, and solely on the grounds of non-compliance with the procedure provided for in Article 21(2), (5), (6) and (7) of the Statute of the Bank; (d) the fulfilment by national central banks of obligations under this Treaty and the Statute of the ESCB. In this connection the powers of the Council of the ECB in respect of national central banks shall be the same as those conferred upon the Commission in respect of Member States by Article 226. If the Court of Justice finds that a national central bank has failed to fulfil an obligation under this Treaty, that bank shall be required to take the necessary measures to comply with the judgment of the Court of Justice. Article 238 (ex Article 181) The Court of Justice shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by or on behalf of the Community, whether that contract be governed by public or private law. Article 239 (ex Article 182) The Court of Justice shall have jurisdiction in any dispute between Member States which relates to the subject matter of this Treaty if the dispute is submitted to it under a special agreement between the parties. Article 240 (ex Article 183) Save where jurisdiction is conferred on the Court of Justice by this Treaty, disputes to which the Community is a party shall not on that ground be excluded from the jurisdiction of the courts or tribunals of the Member States. Article 241 (ex Article 184) Notwithstanding the expiry of the period laid down in the fifth paragraph of Article 230, any party may, in proceedings in which a regulation adopted jointly by the European Parliament and the Council, or a regulation of the Council, of the Commission, or of the ECB is at issue, plead the grounds specified in the second paragraph of Article 230 in order to invoke before the Court of Justice the inapplicability of that regulation. Article 242 (ex Article 185) Actions brought before the Court of Justice shall not have suspensory effect. The Court of Justice may, however, if it considers that circumstances so require, order that application of the contested act be suspended. Article 243 (ex Article 186) The Court of Justice may in any cases before it prescribe any necessary interim measures. Article 244 (ex Article 187) The judgments of the Court of Justice shall be enforceable under the conditions laid down in Article 256. Article 245 (ex Article 188) The Statute of the Court of Justice is laid down in a separate Protocol. The Council may, acting unanimously at the request of the Court of Justice and after consulting the Commission and the European Parliament, amend the provisions of Title III of the Statute. The Court of Justice shall adopt its Rules of Procedure. These shall require the unanimous approval of the Council. Section 5 The Court of Auditors Article 246 (ex Article 188a) The Court of Auditors shall carry out the audit. Article 247 (ex Article 188b) 1. The Court of Auditors shall consist of 15 Members. 2. The Members of the Court of Auditors shall be chosen from among persons who belong or have belonged in their respective countries to external audit bodies or who are especially qualified for this office. Their independence must be beyond doubt. 3. The Members of the Court of Auditors shall be appointed for a term of six years by the Council, acting unanimously after consulting the European Parliament. The Members of the Court of Auditors shall be eligible for reappointment. They shall elect the President of the Court of Auditors from among their number for a term of three years. The President may be re-elected. 4. The Members of the Court of Auditors shall, in the general interest of the Community, be completely independent in the performance of their duties. In the performance of these duties, they shall neither seek nor take instructions from any government or from any other body. They shall refrain from any action incompatible with their duties. 5. The Members of the Court of Auditors may not, during their term of office, engage in any other occupation, whether gainful or not. When entering upon their duties they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom and in particular their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits. 6. Apart from normal replacement, or death, the duties of a Member of the Court of Auditors shall end when he resigns, or is compulsorily retired by a ruling of the Court of Justice pursuant to paragraph 7. The vacancy thus caused shall be filled for the remainder of the Member's term of office. Save in the case of compulsory retirement, Members of the Court of Auditors shall remain in office until they have been replaced. 7. A Member of the Court of Auditors may be deprived of his office or of his right to a pension or other benefits in its stead only if the Court of Justice, at the request of the Court of Auditors, finds that he no longer fulfils the requisite conditions or meets the obligations arising from his office. 8. The Council, acting by a qualified majority, shall determine the conditions of employment of the President and the Members of the Court of Auditors and in particular their salaries, allowances and pensions. It shall also, by the same majority, determine any payment to be made instead of remuneration. 9. The provisions of the Protocol on the privileges and immunities of the European Communities applicable to the Judges of the Court of Justice shall also apply to the Members of the Court of Auditors. Article 248 (ex Article 188c) 1. The Court of Auditors shall examine the accounts of all revenue and expenditure of the Community. It shall also examine the accounts of all revenue and expenditure of all bodies set up by the Community insofar as the relevant constituent instrument does not preclude such examination. The Court of Auditors shall provide the European Parliament and the Council with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions which shall be published in the Official Journal of the European Communities. 2. The Court of Auditors shall examine whether all revenue has been received and all expenditure incurred in a lawful and regular manner and whether the financial management has been sound. In doing so, it shall report in particular on any cases of irregularity. The audit of revenue shall be carried out on the basis both of the amounts established as due and the amounts actually paid to the Community. The audit of expenditure shall be carried out on the basis both of commitments undertaken and payments made. These audits may be carried out before the closure of accounts for the financial year in question. 3. The audit shall be based on records and, if necessary, performed on the spot in the other institutions of the Community, on the premises of any body which manages revenue or expenditure on behalf of the Community and in the Member States, including on the premises of any natural or legal person in receipt of payments from the budget. In the Member States the audit shall be carried out in liaison with national audit bodies or, if these do not have the necessary powers, with the competent national departments. The Court of Auditors and the national audit bodies of the Member States shall cooperate in a spirit of trust while maintaining their independence. These bodies or departments shall inform the Court of Auditors whether they intend to take part in the audit. The other institutions of the Community, any bodies managing revenue or expenditure on behalf of the Community, any natural or legal person in receipt of payments from the budget, and the national audit bodies or, if these do not have the necessary powers, the competent national departments, shall forward to the Court of Auditors, at its request, any document or information necessary to carry out its task. In respect of the European Investment Bank's activity in managing Community expenditure and revenue, the Court's rights of access to information held by the Bank shall be governed by an agreement between the Court, the Bank and the Commission. In the absence of an agreement, the Court shall nevertheless have access to information necessary for the audit of Community expenditure and revenue managed by the Bank. 4. The Court of Auditors shall draw up an annual report after the close of each financial year. It shall be forwarded to the other institutions of the Community and shall be published, together with the replies of these institutions to the observations of the Court of Auditors, in the Official Journal of the European Communities. The Court of Auditors may also, at any time, submit observations, particularly in the form of special reports, on specific questions and deliver opinions at the request of one of the other institutions of the Community. It shall adopt its annual reports, special reports or opinions by a majority of its Members. It shall assist the European Parliament and the Council in exercising their powers of control over the implementation of the budget. Chapter 2 Provisions common to several institutions Article 249 (ex Article 189) In order to carry out their task and in accordance with the provisions of this Treaty, the European Parliament acting jointly with the Council, the Council and the Commission shall make regulations and issue directives, take decisions, make recommendations or deliver opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision shall be binding in its entirety upon those to whom it is addressed. Recommendations and opinions shall have no binding force. Article 250 (ex Article 189a) 1. Where, in pursuance of this Treaty, the Council acts on a proposal from the Commission, unanimity shall be required for an act constituting an amendment to that proposal, subject to Article 251(4) and (5). 2. As long as the Council has not acted, the Commission may alter its proposal at any time during the procedures leading to the adoption of a Community act. Article 251 (ex Article 189b) 1. Where reference is made in this Treaty to this Article for the adoption of an act, the following procedure shall apply. 2. The Commission shall submit a proposal to the European Parliament and the Council. The Council, acting by a qualified majority after obtaining the opinion of the European Parliament, - if it approves all the amendments contained in the European Parliament's opinion, may adopt the proposed act thus amended; - if the European Parliament does not propose any amendments, may adopt the proposed act; - shall otherwise adopt a common position and communicate it to the European Parliament. The Council shall inform the European Parliament fully of the reasons which led it to adopt its common position. The Commission shall inform the European Parliament fully of its position. If, within three months of such communication, the European Parliament: (a) approves the common position or has not taken a decision, the act in question shall be deemed to have been adopted in accordance with that common position; (b) rejects, by an absolute majority of its component members, the common position, the proposed act shall be deemed not to have been adopted; (c) proposes amendments to the common position by an absolute majority of its component members, the amended text shall be forwarded to the Council and to the Commission, which shall deliver an opinion on those amendments. 3. If, within three months of the matter being referred to it, the Council, acting by a qualified majority, approves all the amendments of the European Parliament, the act in question shall be deemed to have been adopted in the form of the common position thus amended; however, the Council shall act unanimously on the amendments on which the Commission has delivered a negative opinion. If the Council 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. 4. The Conciliation Committee, which shall be composed of the members of the Council or their representatives and an equal number of representatives of 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. 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. In fulfilling this task, the Conciliation Committee shall address the common position on the basis of the amendments proposed by the European Parliament. 5. If, within six weeks of its being convened, the Conciliation Committee approves a joint text, the European Parliament, acting by an absolute 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 either of the two institutions fails to approve the proposed act within that period, it shall be deemed not to have been adopted. 6. Where the Conciliation Committee does not approve a joint text, the proposed act shall be deemed not to have been adopted. 7. 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. Article 252 (ex Article 189c) Where reference is made in this Treaty to this Article for the adoption of an act, the following procedure shall apply: (a) The Council, acting by a qualified majority on a proposal from the Commission and after obtaining the opinion of the European Parliament, shall adopt a common position. (b) The Council's common position shall be communicated to the European Parliament. The Council and the Commission shall inform the European Parliament fully of the reasons which led the Council to adopt its common position and also of the Commission's position. If, within three months of such communication, the European Parliament approves this common position or has not taken a decision within that period, the Council shall definitively adopt the act in question in accordance with the common position. (c) The European Parliament may, within the period of three months referred to in point (b), by an absolute majority of its component Members, propose amendments to the Council's common position. The European Parliament may also, by the same majority, reject the Council's common position. The result of the proceedings shall be transmitted to the Council and the Commission. If the European Parliament has rejected the Council's common position, unanimity shall be required for the Council to act on a second reading. (d) The Commission shall, within a period of one month, re-examine the proposal on the basis of which the Council adopted its common position, by taking into account the amendments proposed by the European Parliament. The Commission shall forward to the Council, at the same time as its re-examined proposal, the amendments of the European Parliament which it has not accepted, and shall express its opinion on them. The Council may adopt these amendments unanimously. (e) The Council, acting by a qualified majority, shall adopt the proposal as re-examined by the Commission. Unanimity shall be required for the Council to amend the proposal as re-examined by the Commission. (f) In the cases referred to in points (c), (d) and (e), the Council shall be required to act within a period of three months. If no decision is taken within this period, the Commission proposal shall be deemed not to have been adopted. (g) The periods referred to in points (b) and (f) may be extended by a maximum of one month by common accord between the Council and the European Parliament. Article 253 (ex Article 190) Regulations, directives and decisions adopted jointly by the European Parliament and the Council, and such acts adopted by the Council or the Commission, shall state the reasons on which they are based and shall refer to any proposals or opinions which were required to be obtained pursuant to this Treaty. Article 254 (ex Article 191) 1. Regulations, directives and decisions adopted in accordance with the procedure referred to in Article 251 shall be signed by the President of the European Parliament and by the President of the Council and published in the Official Journal of the European Communities. 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. Regulations of the Council and of the Commission, as well as directives of those institutions which are addressed to all Member States, shall be published in the Official Journal of the European Communities. 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. 3. Other directives, and decisions, shall be notified to those to whom they are addressed and shall take effect upon such notification. Article 255 (ex Article 191a) 1. Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have a right of access to European Parliament, Council and Commission documents, subject to the principles and the conditions to be defined in accordance with paragraphs 2 and 3. 2. General principles and limits on grounds of public or private interest governing this right of access to documents shall be determined by the Council, acting in accordance with the procedure referred to in Article 251 within two years of the entry into force of the Treaty of Amsterdam. 3. Each institution referred to above shall elaborate in its own Rules of Procedure specific provisions regarding access to its documents. Article 256 (ex Article 192) Decisions of the Council or of the Commission which impose a pecuniary obligation on persons other than States, shall be enforceable. Enforcement shall be governed by the rules of civil procedure in force in the State in the territory of which it is carried out. The order for its enforcement shall be appended to the decision, without other formality than verification of the authenticity of the decision, by the national authority which the government of each Member State shall designate for this purpose and shall make known to the Commission and to the Court of Justice. When these formalities have been completed on application by the party concerned, the latter may proceed to enforcement in accordance with the national law, by bringing the matter directly before the competent authority. Enforcement may be suspended only by a decision of the Court of Justice. However, the courts of the country concerned shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner. Chapter 3 The Economic and Social Committee Article 257 (ex Article 193) An Economic and Social Committee is hereby established. It shall have advisory status. The Committee shall consist of representatives of the various categories of economic and social activity, in particular, representatives of producers, farmers, carriers, workers, dealers, craftsmen, professional occupations and representatives of the general public. Article 258 (ex Article 194) The number of members of the Economic and Social Committee shall be as follows: Belgium 12 Denmark 9 Germany 24 Greece 12 Spain 21 France 24 Ireland 9 Italy 24 Luxembourg 6 Netherlands 12 Austria 12 Portugal 12 Finland 9 Sweden 12 United Kingdom 24. The members of the Committee shall be appointed by the Council, acting unanimously, for four years. Their appointments shall be renewable. The members of the Committee may not be bound by any mandatory instructions. They shall be completely independent in the performance of their duties, in the general interest of the Community. The Council, acting by a qualified majority, shall determine the allowances of members of the Committee. Article 259 (ex Article 195) 1. For the appointment of the members of the Committee, each Member State shall provide the Council with a list containing twice as many candidates as there are seats allotted to its nationals. The composition of the Committee shall take account of the need to ensure adequate representation of the various categories of economic and social activity. 2. The Council shall consult the Commission. It may obtain the opinion of European bodies which are representative of the various economic and social sectors to which the activities of the Community are of concern. Article 260 (ex Article 196) The Committee shall elect its chairman and officers from among its members for a term of two years. It shall adopt its Rules of Procedure. The Committee shall be convened by its chairman at the request of the Council or of the Commission. It may also meet on its own initiative. Article 261 (ex Article 197) The Committee shall include specialised sections for the principal fields covered by this Treaty. These specialised sections shall operate within the general terms of reference of the Committee. They may not be consulted independently of the Committee. Subcommittees may also be established within the Committee to prepare on specific questions or in specific fields, draft opinions to be submitted to the Committee for its consideration. The Rules of Procedure shall lay down the methods of composition and the terms of reference of the specialised sections and of the subcommittees. Article 262 (ex Article 198) The Committee must be consulted by the Council or by the Commission where this Treaty so provides. The Committee may be consulted by these institutions in all cases in which they consider it appropriate. It may issue an opinion on its own initiative in cases in which it considers such action appropriate. The Council or the Commission shall, if it considers it necessary, set the Committee, for the submission of its opinion, a time-limit which may not be less than one month from the date on which the chairman receives notification to this effect. Upon expiry of the time-limit, the absence of an opinion shall not prevent further action. The opinion of the Committee and that of the specialised section, together with a record of the proceedings, shall be forwarded to the Council and to the Commission. The Committee may be consulted by the European Parliament. Chapter 4 The Committee of the Regions Article 263 (ex Article 198a) A Committee consisting of representatives of regional and local bodies, hereinafter referred to as `the Committee of the Regions', is hereby established with advisory status. The number of members of the Committee of the Regions shall be as follows: Belgium 12 Denmark 9 Germany 24 Greece 12 Spain 21 France 24 Ireland 9 Italy 24 Luxembourg 6 Netherlands 12 Austria 12 Portugal 12 Finland 9 Sweden 12 United Kingdom 24. The members of the Committee and an equal number of alternate members shall be appointed for four years by the Council acting unanimously on proposals from the respective Member States. Their term of office shall be renewable. No member of the Committee shall at the same time be a Member of the European Parliament. The members of the Committee may not be bound by any mandatory instructions. They shall be completely independent in the performance of their duties, in the general interest of Community. Article 264 (ex Article 198b) The Committee of the Regions shall elect its chairman and officers from among its members for a term of two years. It shall adopt its Rules of Procedure. The Committee shall be convened by its chairman at the request of the Council or of the Commission. It may also meet on its own initiative. Article 265 (ex Article 198c) The Committee of the Regions shall be consulted by the Council or by the Commission where this Treaty so provides and in all other cases, in particular those which concern cross-border cooperation, in which one of these two institutions considers it appropriate. The Council or the Commission shall, if it considers it necessary, set the Committee, for the submission of its opinion, a time-limit which may not be less than one month from the date on which the chairman receives notification to this effect. Upon expiry of the time-limit, the absence of an opinion shall not prevent further action. Where the Economic and Social Committee is consulted pursuant to Article 262, the Committee of the Regions shall be informed by the Council or the Commission of the request for an opinion. Where it considers that specific regional interests are involved, the Committee of the Regions may issue an opinion on the matter. The Committee of the Regions may be consulted by the European Parliament. It may issue an opinion on its own initiative in cases in which it considers such action appropriate. The opinion of the Committee, together with a record of the proceedings, shall be forwarded to the Council and to the Commission. Chapter 5 The European Investment Bank Article 266 (ex Article 198d) The European Investment Bank shall have legal personality. The members of the European Investment Bank shall be the Member States. The Statute of the European Investment Bank is laid down in a Protocol annexed to this Treaty. Article 267 (ex Article 198e) The task of the European Investment Bank shall be to contribute, by having recourse to the capital market and utilising its own resources, to the balanced and steady development of the common market in the interest of the Community. For this purpose the Bank shall, operating on a non-profit-making basis, grant loans and give guarantees which facilitate the financing of the following projects in all sectors of the economy: (a) projects for developing less-developed regions; (b) projects for modernising or converting undertakings or for developing fresh activities called for by the progressive establishment of the common market, where these projects are of such a size or nature that they cannot be entirely financed by the various means available in the individual Member States; (c) projects of common interest to several Member States which are of such a size or nature that they cannot be entirely financed by the various means available in the individual Member States. In carrying out its task, the Bank shall facilitate the financing of investment programmes in conjunction with assistance from the Structural Funds and other Community financial instruments. TITLE II FINANCIAL PROVISIONS Article 268 (ex Article 199) All items of revenue and expenditure of the Community, including those relating to the European Social Fund, shall be included in estimates to be drawn up for each financial year and shall be shown in the budget. Administrative expenditure occasioned for the institutions by the provisions of the Treaty on European Union relating to common foreign and security policy and to cooperation in the fields of justice and home affairs shall be charged to the budget. The operational expenditure occasioned by the implementation of the said provisions may, under the conditions referred to therein, be charged to the budget. The revenue and expenditure shown in the budget shall be in balance. Article 269 (ex Article 201) Without prejudice to other revenue, the budget shall be financed wholly from own resources. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, shall lay down provisions relating to the system of own resources of the Community, which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements. Article 270 (ex Article 201a) With a view to maintaining budgetary discipline, the Commission shall not make any proposal for a Community act, or alter its proposals, or adopt any implementing measure which is likely to have appreciable implications for the budget without providing the assurance that that proposal or that measure is capable of being financed within the limit of the Community's own resources arising under provisions laid down by the Council pursuant to Article 269. Article 271 (ex Article 202) The expenditure shown in the budget shall be authorised for one financial year, unless the regulations made pursuant to Article 279 provide otherwise. In accordance with conditions to be laid down pursuant to Article 279, any appropriations, other than those relating to staff expenditure, that are unexpended at the end of the financial year may be carried forward to the next financial year only. Appropriations shall be classified under different chapters grouping items of expenditure according to their nature or purpose and subdivided, as far as may be necessary, in accordance with the regulations made pursuant to Article 279. The expenditure of the European Parliament, the Council, the Commission and the Court of Justice shall be set out in separate parts of the budget, without prejudice to special arrangements for certain common items of expenditure. Article 272 (ex Article 203) 1. The financial year shall run from 1 January to 31 December. 2. Each institution of the Community shall, before 1 July, draw up estimates of its expenditure. The Commission shall consolidate these estimates in a preliminary draft budget. It shall attach thereto an opinion which may contain different estimates. The preliminary draft budget shall contain an estimate of revenue and an estimate of expenditure. 3. The Commission shall place the preliminary draft budget before the Council not later than 1 September of the year preceding that in which the budget is to be implemented. The Council shall consult the Commission and, where appropriate, the other institutions concerned whenever it intends to depart from the preliminary draft budget. The Council, acting by a qualified majority, shall establish the draft budget and forward it to the European Parliament. 4. The draft budget shall be placed before the European Parliament not later than 5 October of the year preceding that in which the budget is to be implemented. The European Parliament shall have the right to amend the draft budget, acting by a majority of its Members, and to propose to the Council, acting by an absolute majority of the votes cast, modifications to the draft budget relating to expenditure necessarily resulting from this Treaty or from acts adopted in accordance therewith. If, within 45 days of the draft budget being placed before it, the European Parliament has given its approval, the budget shall stand as finally adopted. If within this period the European Parliament has not amended the draft budget nor proposed any modifications thereto, the budget shall be deemed to be finally adopted. If within this period the European Parliament has adopted amendments or proposed modifications, the draft budget together with the amendments or proposed modifications shall be forwarded to the Council. 5. After discussing the draft budget with the Commission and, where appropriate, with the other institutions concerned, the Council shall act under the following conditions: (a) the Council may, acting by a qualified majority, modify any of the amendments adopted by the European Parliament; (b) with regard to the proposed modifications: - where a modification proposed by the European Parliament does not have the effect of increasing the total amount of the expenditure of an institution, owing in particular to the fact that the increase in expenditure which it would involve would be expressly compensated by one or more proposed modifications correspondingly reducing expenditure, the Council may, acting by a qualified majority, reject the proposed modification. In the absence of a decision to reject it, the proposed modification shall stand as accepted; - where a modification proposed by the European Parliament has the effect of increasing the total amount of the expenditure of an institution, the Council may, acting by a qualified majority, accept this proposed modification. In the absence of a decision to accept it, the proposed modification shall stand as rejected; - where, in pursuance of one of the two preceding subparagraphs, the Council has rejected a proposed modification, it may, acting by a qualified majority, either retain the amount shown in the draft budget or fix another amount. The draft budget shall be modified on the basis of the proposed modifications accepted by the Council. If, within 15 days of the draft being placed before it, the Council has not modified any of the amendments adopted by the European Parliament and if the modifications proposed by the latter have been accepted, the budget shall be deemed to be finally adopted. The Council shall inform the European Parliament that it has not modified any of the amendments and that the proposed modifications have been accepted. If within this period the Council has modified one or more of the amendments adopted by the European Parliament or if the modifications proposed by the latter have been rejected or modified, the modified draft budget shall again be forwarded to the European Parliament. The Council shall inform the European Parliament of the results of its deliberations. 6. Within 15 days of the draft budget being placed before it, the European Parliament, which shall have been notified of the action taken on its proposed modifications, may, acting by a majority of its Members and three-fifths of the votes cast, amend or reject the modifications to its amendments made by the Council and shall adopt the budget accordingly. If within this period the European Parliament has not acted, the budget shall be deemed to be finally adopted. 7. When the procedure provided for in this Article has been completed, the President of the European Parliament shall declare that the budget has been finally adopted. 8. However, the European Parliament, acting by a majority of its Members and two-thirds of the votes cast, may, if there are important reasons, reject the draft budget and ask for a new draft to be submitted to it. 9. A maximum rate of increase in relation to the expenditure of the same type to be incurred during the current year shall be fixed annually for the total expenditure other than that necessarily resulting from this Treaty or from acts adopted in accordance therewith. The Commission shall, after consulting the Economic Policy Committee, declare what this maximum rate is as it results from: - the trend, in terms of volume, of the gross national product within the Community; - the average variation in the budgets of the Member States; and - the trend of the cost of living during the preceding financial year. The maximum rate shall be communicated, before 1 May, to all the institutions of the Community. The latter shall be required to conform to this during the budgetary procedure, subject to the provisions of the fourth and fifth subparagraphs of this paragraph. If, in respect of expenditure other than that necessarily resulting from this Treaty or from acts adopted in accordance therewith, the actual rate of increase in the draft budget established by the Council is over half the maximum rate, the European Parliament may, exercising its right of amendment, further increase the total amount of that expenditure to a limit not exceeding half the maximum rate. Where the European Parliament, the Council or the Commission consider that the activities of the Communities require that the rate determined according to the procedure laid down in this paragraph should be exceeded, another rate may be fixed by agreement between the Council, acting by a qualified majority, and the European Parliament, acting by a majority of its Members and three-fifths of the votes cast. 10. Each institution shall exercise the powers conferred upon it by this Article, with due regard for the provisions of the Treaty and for acts adopted in accordance therewith, in particular those relating to the Communities' own resources and to the balance between revenue and expenditure. Article 273 (ex Article 204) If, at the beginning of a financial year, the budget has not yet been voted, a sum equivalent to not more than one-twelfth of the budget appropriations for the preceding financial year may be spent each month in respect of any chapter or other subdivision of the budget in accordance with the provisions of the Regulations made pursuant to Article 279; 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. The Council may, acting by a qualified majority, provided that the other conditions laid down in the first subparagraph are observed, authorise expenditure in excess of one-twelfth. If the decision relates to expenditure which does not necessarily result from this Treaty or from acts adopted in accordance therewith, the Council shall forward it immediately to the European Parliament; within 30 days the European Parliament, acting by a majority of its Members and three-fifths of the votes cast, may adopt a different decision on the expenditure in excess of the one-twelfth referred to in the first subparagraph. This part of the decision of the Council shall be suspended until the European Parliament has taken its decision. If within the said period the European Parliament has not taken a decision which differs from the decision of the Council, the latter shall be deemed to be finally adopted. The decisions referred to in the second and third subparagraphs shall lay down the necessary measures relating to resources to ensure application of this Article. Article 274 (ex Article 205) The Commission shall implement the budget, in accordance with the provisions of the regulations made pursuant to Article 279, on its own responsibility and within the limits of the appropriations, having regard to the principles of sound financial management. Member States shall cooperate with the Commission to ensure that the appropriations are used in accordance with the principles of sound financial management. The regulations shall lay down detailed rules for each institution concerning its part in effecting its own expenditure. Within the budget, the Commission may, subject to the limits and conditions laid down in the regulations made pursuant to Article 279, transfer appropriations from one chapter to another or from one subdivision to another. Article 275 (ex Article 205a) The Commission shall submit annually to the Council and to the European Parliament the accounts of the preceding financial year relating to the implementation of the budget. The Commission shall also forward to them a financial statement of the assets and liabilities of the Community. Article 276 (ex Article 206) 1. The European Parliament, acting on a recommendation from the Council which shall act by a qualified majority, shall give a discharge to the Commission in respect of the implementation of the budget. To this end, the Council and the European Parliament in turn shall examine the accounts and the financial statement referred to in Article 275, the annual report by the Court of Auditors together with the replies of the institutions under audit to the observations of the Court of Auditors, the statement of assurance referred to in Article 248(1), second subparagraph and any relevant special reports by the Court of Auditors. 2. Before giving a discharge to the Commission, or for any other purpose in connection with the exercise of its powers over the implementation of the budget, the European Parliament may ask to hear the Commission give evidence with regard to the execution of expenditure or the operation of financial control systems. The Commission shall submit any necessary information to the European Parliament at the latter's request. 3. The Commission shall take all appropriate steps to act on the observations in the decisions giving discharge and on other observations by the European Parliament relating to the execution of expenditure, as well as on comments accompanying the recommendations on discharge adopted by the Council. At the request of the European Parliament or the Council, the Commission shall report on the measures taken in the light of these observations and comments and in particular on the instructions given to the departments which are responsible for the implementation of the budget. These reports shall also be forwarded to the Court of Auditors. Article 277 (ex Article 207) The budget shall be drawn up in the unit of account determined in accordance with the provisions of the regulations made pursuant to Article 279. Article 278 (ex Article 208) The Commission may, provided it notifies the competent authorities of the Member States concerned, transfer into the currency of one of the Member States its holdings in the currency of another Member State, to the extent necessary to enable them to be used for purposes which come within the scope of this Treaty. The Commission shall as far as possible avoid making such transfers if it possesses cash or liquid assets in the currencies which it needs. The Commission shall deal with each Member State through the authority designated by the State concerned. In carrying out financial operations the Commission shall employ the services of the bank of issue of the Member State concerned or of any other financial institution approved by that State. Article 279 (ex Article 209) The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament and obtaining the opinion of the Court of Auditors, shall: (a) make Financial Regulations specifying in particular the procedure to be adopted for establishing and implementing the budget and for presenting and auditing accounts; (b) determine the methods and procedure whereby the budget revenue provided under the arrangements relating to the Community's own resources shall be made available to the Commission, and determine the measures to be applied, if need be, to meet cash requirements; (c) lay down rules concerning the responsibility of financial controllers, authorising officers and accounting officers, and concerning appropriate arrangements for inspection. Article 280 (ex Article 209a) 1. The Community and the Member States shall counter fraud and any other illegal activities affecting the financial interests of the Community through measures to be taken in accordance with this Article, which shall act as a deterrent and be such as to afford effective protection in the Member States. 2. Member States shall take the same measures to counter fraud affecting the financial interests of the Community as they take to counter fraud affecting their own financial interests. 3. Without prejudice to other provisions of this Treaty, the Member States shall coordinate their action aimed at protecting the financial interests of the Community against fraud. To this end they shall organise, together with the Commission, close and regular cooperation between the competent authorities. 4. The Council, acting in accordance with the procedure referred to in Article 251, after consulting the Court of Auditors, shall adopt the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Community with a view to affording effective and equivalent protection in the Member States. These measures shall not concern the application of national criminal law or the national administration of justice. 5. The Commission, in cooperation with Member States, shall each year submit to the European Parliament and to the Council a report on the measures taken for the implementation of this Article. PART SIX GENERAL AND FINAL PROVISIONS Article 281 (ex Article 210) The Community shall have legal personality. Article 282 (ex Article 211) In each of the Member States, the Community shall enjoy the most extensive legal capacity accorded to legal persons under their laws; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings. To this end, the Community shall be represented by the Commission. Article 283 (ex Article 212) The Council shall, acting by a qualified majority on a proposal from the Commission and after consulting the other institutions concerned, lay down the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of those Communities. Article 284 (ex Article 213) The Commission may, within the limits and under conditions laid down by the Council in accordance with the provisions of this Treaty, collect any information and carry out any checks required for the performance of the tasks entrusted to it. Article 285 (ex Article 213a) 1. Without prejudice to Article 5 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, the Council, acting in accordance with the procedure referred to in Article 251, shall adopt measures for the production of statistics where necessary for the performance of the activities of the Community. 2. The production of Community statistics shall conform to impartiality, reliability, objectivity, scientific independence, cost-effectiveness and statistical confidentiality; it shall not entail excessive burdens on economic operators. Article 286 (ex Article 213b) 1. From 1 January 1999, Community acts on the protection of individuals with regard to the processing of personal data and the free movement of such data shall apply to the institutions and bodies set up by, or on the basis of, this Treaty. 2. Before the date referred to in paragraph 1, the Council, acting in accordance with the procedure referred to in Article 251, shall establish an independent supervisory body responsible for monitoring the application of such Community acts to Community institutions and bodies and shall adopt any other relevant provisions as appropriate. Article 287 (ex Article 214) The members of the institutions of the Community, the members of committees, and the officials and other servants of the Community shall be required, even after their duties have ceased, not to disclose information of the kind covered by the obligation of professional secrecy, in particular information about undertakings, their business relations or their cost components. Article 288 (ex Article 215) The contractual liability of the Community shall be governed by the law applicable to the contract in question. In the case of non-contractual liability, the Community shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its institutions or by its servants in the performance of their duties. The preceding paragraph shall apply under the same conditions to damage caused by the ECB or by its servants in the performance of their duties. The personal liability of its servants towards the Community shall be governed by the provisions laid down in their Staff Regulations or in the Conditions of Employment applicable to them. Article 289 (ex Article 216) The seat of the institutions of the Community shall be determined by common accord of the Governments of the Member States. Article 290 (ex Article 217) The rules governing the languages of the institutions of the Community shall, without prejudice to the provisions contained in the Rules of Procedure of the Court of Justice, be determined by the Council, acting unanimously. Article 291 (ex Article 218) The Community shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the Protocol of 8 April 1965 on the privileges and immunities of the European Communities. The same shall apply to the European Central Bank, the European Monetary Institute, and the European Investment Bank. Article 292 (ex Article 219) Member States undertake not to submit a dispute concerning the interpretation or application of this Treaty to any method of settlement other than those provided for therein. Article 293 (ex Article 220) Member States shall, so far as is necessary, enter into negotiations with each other with a view to securing for the benefit of their nationals: - the protection of persons and the enjoyment and protection of rights under the same conditions as those accorded by each State to its own nationals; - the abolition of double taxation within the Community; - the mutual recognition of companies or firms within the meaning of the second paragraph of Article 48, the retention of legal personality in the event of transfer of their seat from one country to another, and the possibility of mergers between companies or firms governed by the laws of different countries; - the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals and of arbitration awards. Article 294 (ex Article 221) Member States shall accord nationals of the other Member States the same treatment as their own nationals as regards participation in the capital of companies or firms within the meaning of Article 48, without prejudice to the application of the other provisions of this Treaty. Article 295 (ex Article 222) This Treaty shall in no way prejudice the rules in Member States governing the system of property ownership. Article 296 (ex Article 223) 1. The provisions of this Treaty shall not preclude the application of the following rules: (a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security; (b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions of competition in the common market regarding products which are not intended for specifically military purposes. 2. The Council may, acting unanimously on a proposal from the Commission, make changes to the list, which it drew up on 15 April 1958, of the products to which the provisions of paragraph 1(b) apply. Article 297 (ex Article 224) Member States shall consult each other with a view to taking together the steps needed to prevent the functioning of the common market being affected by measures which a Member State may be called upon to take in the event of serious internal disturbances affecting the maintenance of law and order, in the event of war, serious international tension constituting a threat of war, or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security. Article 298 (ex Article 225) If measures taken in the circumstances referred to in Articles 296 and 297 have the effect of distorting the conditions of competition in the common market, the Commission shall, together with the State concerned, examine how these measures can be adjusted to the rules laid down in the Treaty. By way of derogation from the procedure laid down in Articles 226 and 227, the Commission or any Member State may bring the matter directly before the Court of Justice if it considers that another Member State is making improper use of the powers provided for in Articles 296 and 297. The Court of Justice shall give its ruling in camera. Article 299 (ex Article 227) 1. This Treaty shall apply to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland. 2. The provisions of this Treaty shall apply to the French overseas departments, the Azores, Madeira and the Canary Islands. However, taking account of the structural social and economic situation of the French overseas departments, the Azores, Madeira and the Canary Islands, which is compounded by their remoteness, insularity, small size, difficult topography and climate, economic dependence on a few products, the permanence and combination of which severely restrain their development, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt specific measures aimed, in particular, at laying down the conditions of application of the present Treaty to those regions, including common policies. The Council shall, when adopting the relevant measures referred to in the second subparagraph, take into account areas such as customs and trade policies, fiscal policy, free zones, agriculture and fisheries policies, conditions for supply of raw materials and essential consumer goods, State aids and conditions of access to structural funds and to horizontal Community programmes. The Council shall adopt the measures referred to in the second subparagraph taking into account the special characteristics and constraints of the outermost regions without undermining the integrity and the coherence of the Community legal order, including the internal market and common policies. 3. The special arrangements for association set out in Part Four of this Treaty shall apply to the overseas countries and territories listed in Annex II to this Treaty. This Treaty shall not apply to those overseas countries and territories having special relations with the United Kingdom of Great Britain and Northern Ireland which are not included in the aforementioned list. 4. The provisions of this Treaty shall apply to the European territories for whose external relations a Member State is responsible. 5. The provisions of this Treaty shall apply to the AAland Islands in accordance with the provisions set out in Protocol No 2 to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden. 6. Notwithstanding the preceding paragraphs: (a) this Treaty shall not apply to the Faeroe Islands; (b) this Treaty shall not apply to the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus; (c) this Treaty shall apply to the Channel Islands and the Isle of Man only to the extent necessary to ensure the implementation of the arrangements for those islands set out in the Treaty concerning the accession of new Member States to the European Economic Community and to the European Atomic Energy Community signed on 22 January 1972. Article 300 (ex Article 228) 1. Where this Treaty provides for the conclusion of agreements between the Community and one or more States or international organisations, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations. The Commission shall conduct these negotiations in consultation with special committees appointed by the Council to assist it in this task and within the framework of such directives as the Council may issue to it. In exercising the powers conferred upon it by this paragraph, the Council shall act by a qualified majority, except in the cases where the first subparagraph of paragraph 2 provides that the Council shall act unanimously. 2. Subject to the powers vested in the Commission in this field, the signing, which may be accompanied by a decision on provisional application before entry into force, and the conclusion of the agreements shall be decided on by the Council, acting by a qualified majority on a proposal from the Commission. The Council shall act unanimously when the agreement covers a field for which unanimity is required for the adoption of internal rules and for the agreements referred to in Article 310. By way of derogation from the rules laid down in paragraph 3, the same procedures shall apply for a decision to suspend the application of an agreement, and for the purpose of establishing the positions to be adopted on behalf of the Community in a body set up by an agreement based on Article 310, when that body is called upon to adopt decisions having legal effects, with the exception of decisions supplementing or amending the institutional framework of the agreement. The European Parliament shall be immediately and fully informed on any decision under this paragraph concerning the provisional application or the suspension of agreements, or the establishment of the Community position in a body set up by an agreement based on Article 310. 3. The Council shall conclude agreements after consulting the European Parliament, except for the agreements referred to in Article 133(3), including cases where the agreement covers a field for which the procedure referred to in Article 251 or that referred to in Article 252 is required for the adoption of internal rules. The European Parliament shall deliver its opinion within a time-limit which the Council may lay down according to the urgency of the matter. In the absence of an opinion within that time-limit, the Council may act. By way of derogation from the previous subparagraph, agreements referred to in Article 310, other agreements establishing a specific institutional framework by organising cooperation procedures, agreements having important budgetary implications for the Community and agreements entailing amendment of an act adopted under the procedure referred to in Article 251 shall be concluded after the assent of the European Parliament has been obtained. The Council and the European Parliament may, in an urgent situation, agree upon a time-limit for the assent. 4. When concluding an agreement, the Council may, by way of derogation from paragraph 2, authorise the Commission to approve modifications on behalf of the Community where the agreement provides for them to be adopted by a simplified procedure or by a body set up by the agreement; it may attach specific conditions to such authorisation. 5. When the Council envisages concluding an agreement which calls for amendments to this Treaty, the amendments must first be adopted in accordance with the procedure laid down in Article 48 of the Treaty on European Union. 6. The Council, the Commission or a Member State may obtain the opinion of the Court of Justice as to whether an agreement envisaged is compatible with the provisions of this Treaty. Where the opinion of the Court of Justice is adverse, the agreement may enter into force only in accordance with Article 48 of the Treaty on European Union. 7. Agreements concluded under the conditions set out in this Article shall be binding on the institutions of the Community and on Member States. Article 301 (ex Article 228a) Where it is provided, in a common position or in a joint action adopted according to the provisions of the Treaty on European Union relating to the common foreign and security policy, for an action by the Community to interrupt or to reduce, in part or completely, economic relations with one or more third countries, the Council shall take the necessary urgent measures. The Council shall act by a qualified majority on a proposal from the Commission. Article 302 (ex Article 229) It shall be for the Commission to ensure the maintenance of all appropriate relations with the organs of the United Nations and of its specialised agencies. The Commission shall also maintain such relations as are appropriate with all international organisations. Article 303 (ex Article 230) The Community shall establish all appropriate forms of cooperation with the Council of Europe. Article 304 (ex Article 231) The Community shall establish close cooperation with the Organisation for Economic Cooperation and Development, the details of which shall be determined by common accord. Article 305 (ex Article 232) 1. The provisions of this Treaty shall not affect the provisions of the Treaty establishing the European Coal and Steel Community, in particular as regards the rights and obligations of Member States, the powers of the institutions of that Community and the rules laid down by that Treaty for the functioning of the common market in coal and steel. 2. The provisions of this Treaty shall not derogate from those of the Treaty establishing the European Atomic Energy Community. Article 306 (ex Article 233) The provisions of this Treaty shall not preclude the existence or completion of regional unions between Belgium and Luxembourg, or between Belgium, Luxembourg and the Netherlands, to the extent that the objectives of these regional unions are not attained by application of this Treaty. Article 307 (ex Article 234) The rights and obligations arising from agreements concluded before 1 January 1958 or, for acceding States, before the date of their accession, between one or more Member States on the one hand, and one or more third countries on the other, shall not be affected by the provisions of this Treaty. To the extent that such agreements are not compatible with this Treaty, the Member State or States concerned shall take all appropriate steps to eliminate the incompatibilities established. Member States shall, where necessary, assist each other to this end and shall, where appropriate, adopt a common attitude. In applying the agreements referred to in the first paragraph, Member States shall take into account the fact that the advantages accorded under this Treaty by each Member State form an integral part of the establishment of the Community and are thereby inseparably linked with the creation of common institutions, the conferring of powers upon them and the granting of the same advantages by all the other Member States. Article 308 (ex Article 235) If action by the Community should prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, take the appropriate measures. Article 309 (ex Article 236) 1. Where a decision has been taken to suspend the voting rights of the representative of the government of a Member State in accordance with Article 7(2) of the Treaty on European Union, these voting rights shall also be suspended with regard to this Treaty. 2. Moreover, where the existence of a serious and persistent breach by a Member State of principles mentioned in Article 6(1) of the Treaty on European Union has been determined in accordance with Article 7(1) of that Treaty, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of this Treaty to the Member State in question. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons. The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State. 3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken in accordance with paragraph 2 in response to changes in the situation which led to their being imposed. 4. When taking decisions referred to in paragraphs 2 and 3, the Council shall act without taking into account the votes of the representative of the government of the Member State in question. By way of derogation from Article 205(2) a qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in Article 205(2). This paragraph shall also apply in the event of voting rights being suspended in accordance with paragraph 1. In such cases, a decision requiring unanimity shall be taken without the vote of the representative of the government of the Member State in question. Article 310 (ex Article 238) The Community may conclude with one or more States or international organisations agreements establishing an association involving reciprocal rights and obligations, common action and special procedure. Article 311 (ex Article 239) The protocols annexed to this Treaty by common accord of the Member States shall form an integral part thereof. Article 312 (ex Article 240) This Treaty is concluded for an unlimited period. FINAL PROVISIONS Article 313 (ex Article 247) 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. This Treaty shall enter into force on the first day of the month following the deposit of the instrument of ratification by the last signatory State to take this step. If, however, such deposit is made less than 15 days before the beginning of the following month, this Treaty shall not enter into force until the first day of the second month after the date of such deposit. Article 314 (ex Article 248) This Treaty, drawn up in a single original in the Dutch, French, German, and Italian languages, all four texts being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which shall transmit a certified copy to each of the Governments of the other signatory States. Pursuant to the Accession Treaties, the Danish, English, Finnish, Greek, Irish, Portuguese, Spanish and Swedish versions of this Treaty shall also be authentic. In witness whereof, the undersigned Plenipotentiaries have signed this Treaty. Done at Rome this twenty-fifth day of March in the year one thousand nine hundred and fifty-seven. P. H. SPAAK ADENAUER PINEAU Antonio SEGNI BECH J. LUNS J. Ch. SNOY ET D'OPPUERS HALLSTEIN M. FAURE Gaetano MARTINO Lambert SCHAUS J. LINTHORST HOMAN ANNEXES ANNEX I LIST referred to in Article 32 of the Treaty 1 2 Number in the Brussels nomenclature Description of products CHAPTER 1 Live animals CHAPTER 2 Meat and edible meat offal CHAPTER 3 Fish, crustaceans and molluscs CHAPTER 4 Dairy produce; birds' eggs; natural honey CHAPTER 5 05.04 Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof 05.15 Animal products not elsewhere specified or included; dead animals of Chapter 1 or Chapter 3, unfit for human consumption CHAPTER 6 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage CHAPTER 7 Edible vegetables and certain roots and tubers CHAPTER 8 Edible fruit and nuts; peel of melons or citrus fruit CHAPTER 9 Coffee, tea and spices, excluding mate (heading No 09.03) CHAPTER 10 Cereals CHAPTER 11 Products of the milling industry; malt and starches; gluten; inulin CHAPTER 12 Oil seeds and oleaginous fruit; miscellaneous grains, seeds and fruit; industrial and medical plants; straw and fodder CHAPTER 13 ex 13.03 Pectin CHAPTER 15 15.01 Lard and other rendered pig fat; rendered poultry fat 15.02 Unrendered fats of bovine cattle, sheep or goats; tallow (including `premier jus') produced from those fats 15.03 Lard stearin, oleostearin and tallow stearin; lard oil, oleo-oil and tallow oil, not emulsified or mixed or prepared in any way 15.04 Fats and oil, of fish and marine mammals, whether or not refined 15.07 Fixed vegetable oils, fluid or solid, crude, refined or purified 15.12 Animal or vegetable fats and oils, hydrogenated, whether or not refined, but not further prepared 15.13 Margarine, imitation lard and other prepared edible fats 15.17 Residues resulting from the treatment of fatty substances or animal or vegetable waxes CHAPTER 16 Preparations of meat, of fish, of crustaceans or molluscs CHAPTER 17 17.01 Beet sugar and cane sugar, solid 17.02 Other sugars; sugar syrups; artificial honey (whether or not mixed with natural honey); caramel 17.03 Molasses, whether or not decolourised 17.05 (^*) Flavoured or coloured sugars, syrups and molasses, but not including fruit juices containing added sugar in any proportion CHAPTER 18 18.01 Cocoa beans, whole or broken, raw or roasted 18.02 Cocoa sheelsshells, husks, skins and waste CHAPTER 20 Preparations of vegetables, fruit or other parts of plants CHAPTER 22 22.04 Grape must, in fermentation or with fermentation arrested otherwise than by the addition of alcohol 22.05 Wine of fresh grapes; grape must with fermentation arrested by the addition of alcohol 22.07 Other fermented beverages (for example, cider, perry and mead) ex 22.08 (^*) ex 22.09 (^*) Ethyl alcohol or neutral spirits, whether or not denatured, of any strength, obtained from agricultural products listed in Annex I to the Treaty, excluding liqueurs and other spirituous beverages and compound alcoholic preparations (known as `concentrated extracts') for the manufacture of beverages 22.10 (^*) Vinegar and substitutes for vinegar CHAPTER 23 Residues and waste from the food industries; prepared animal fodder CHAPTER 24 24.01 Unmanufactured tobacco, tobacco refuse CHAPTER 45 45.01 Natural cork, unworked, crushed, granulated or ground; waste cork CHAPTER 54 54.01 Flax, raw or processed but not spun; flax tow and waste (including pulled or garnetted rags) CHAPTER 57 57.01 True hemp (Cannabis sativa), raw or processed but not spun; tow and waste of true hemp (including pulled or garnetted rags or ropes) (^*) Heading added by Article 1 of Regulation No 7a of the Council of the European Economic Community, of 18 December 1959 (OJ No 7, 30. 1. 1961, p. 71 - Special edition (English edition) 1959-1962, p. 68). ANNEX II OVERSEAS COUNTRIES AND TERRITORIES to which the provisions of Part Four of the Treaty apply - Greenland, - New Caledonia and Dependencies, - French Polynesia, - French Southern and Antarctic Territories, - Wallis and Futuna Islands, - Mayotte, - Saint Pierre and Miquelon, - Aruba, - Netherlands Antilles: - Bonaire, - Curac,ao, - Saba, - Sint Eustatius, - Sint Maarten. - Anguilla, - Cayman Islands, - Falkland Islands, - South Georgia and the South Sandwich Islands, - Montserrat, - Pitcairn, - Saint Helena and Dependencies, - British Antarctic Territory, - British Indian Ocean Territory, - Turks and Caicos Islands, - British Virgin Islands, - Bermuda. MINUTES OF THE SIGNING of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts (97/C 340/04) On 2 October 1997 in Amsterdam the Plenipotentiaries of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland signed the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts. On that occasion the Plenipotentiary of the Kingdom of Belgium added the following statement to his signature: `This signature also binds the French Community, the Flemish Community, the German-speaking Community, the Walloon Region, the Flemish Region and the Brussels Capital Region'. The Plenipotentiary of the Kingdom of Belgium stated that it was in all cases the Kingdom of Belgium as such that was bound in respect of its entire territory by the Treaty of Amsterdam and that the Kingdom alone, as such, would bear full responsibility for compliance with the obligations entered into in the Treaty. The Plenipotentiaries of the other Signatory States took note thereof. Done in Luxembourg, 22 October 1997 The President of the Intergovernmental Conference (s.) Jacques POOS The Secretary-General of the Council of the European Union, Secretary to the Intergovernmental Conference (s.) Juergen TRUMPF Declarations on Article K.7 of the Treaty on European Union as amended by the Treaty of Amsterdam (97/C 340/05) On the occasion of the signing of the Treaty of Amsterdam on 2 October 1997 the Italian Republic, the depositary of the Treaty, received, pursuant to Article K.7 of the Treaty on European Union as amended by the Treaty of Amsterdam, the following declarations: `On the signing of the Treaty of Amsterdam the following Member States stated that they accepted the jurisdiction of the Court of Justice of the European Communities in accordance with the procedure laid down in Article K.7(2) and (3): the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Grand Duchy of Luxembourg and the Republic of Austria, in accordance with the procedure laid down in paragraph 3(b). When making the above declaration, the Kingdom of Belgium, the Federal Republic of Germany, the Grand Duchy of Luxembourg and the Republic of Austria reserved the right to make provisions in their national law to the effect that, where a question relating to the validity or interpretation of an act referred to in Article K.7(1) is raised in a case pending before a national court or tribunal against whose decision there is no judicial remedy under national law, that court or tribunal will be required to refer the matter to the Court of Justice'. In addition, the Kingdom of the Netherlands declared that the Netherlands would accept the jurisdiction of the Court of Justice of the European Communities as laid down in the aforementioned Article K.7; its government was still considering whether, under Article K.7(3), the option of bringing a matter before the Court could be granted to courts or tribunals other than those against whose decisions there is no remedy. __________ (^1) The Kingdom of Denmark, the Hellenic Republic, the Kingdom of Spain, Ireland, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland have since become members of the European Community. 错误 您所请求的网址(URL)无法获取 错误 您所请求的网址(URL)无法获取 错误 您所请求的网址(URL)无法获取 British Columbia Terms of Union (Order of Her Majesty in Council admitting British Columbia into the Union) At the Court at Windsor, the 16th day of May, 1871 PRESENT The QUEEN'S Most Excellent Majesty His Royal Highness Prince ARTHUR Lord Privy Seal Earl Cowper Earl of Kimberley Lord Chamberlain Mr. Secretary Cardwell Mr. Ayrton Whereas by the "Constitution Act, 1867" provision was made for the Union of the Provinces of Canada, Nova Scotia and New Brunswick into the Dominion of Canada, and it was (amongst other things) enacted that it should be lawful for the Queen, by and with the Advice of Her Majesty's Most Honourable Privy Council, on Addresses from the Houses of the Parliament of Canada, and of the Legislature of the Colony of British Columbia, to admit that colony into the said Union on such terms and conditions as should be in the Addresses expressed, and as the Queen should think fit to approve, subject to the provisions of the said Act. And it was further enacted that the provisions of any Order in Council in that behalf should have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland. And whereas by Addresses from the Houses of the Parliament of Canada and from the Legislative Council of British Columbia respectively, of which Addresses copies are contained in the Schedule to this Order annexed, Her Majesty was prayed, by and with the advice of Her most Honourable Privy Council, under the one hundred and fortysixth section of the hereinbefore recited Act, to admit British Columbia into the Dominion of Canada, on the terms and conditions set forth in the said Addresses. And whereas Her Majesty has thought fit to approve of the said terms and conditions. It is hereby ordered and declared by Her Majesty, by and with the advice of Her Privy Council, in pursuance and exercise of the powers vested in Her Majesty by the said Act of Parliament, that from and after the twentieth day of July, one thousand eight hundred and seventyone, the said Colony of British Columbia shall be admitted into and become part of the Dominion of Canada, upon the terms and conditions set forth in the hereinbefore recited Addresses. And, in accordance with the terms of the said Addresses relating to the electoral districts in British Columbia, for which the first election of members to serve in the House of Commons of the said Dominion shall take place, it is hereby further ordered and declared that such electoral districts shall be as follows:-- "New Westminster District" and the "Coast District," as defined in a public notice issued from the Lands and Works Office in the said colony on the fifteenth day of December, one thousand eight hundred and sixty-nine, by the desire of the Governor, and purporting to be in accordance with the provisions of the thirty-ninth clause of the "Mineral Ordinance, 1869," shall constitute one district, to be designated ' 'New Westminster District," and return one member. "Caribou District" and "Lillooet District," as specified in the said public notice, shall constitute one district, to be designated "Cariboo District," and return one member. "Yale District" and "Kootenay District,'' as specified in the said public notice, shall constitute one district, to be designated "Yale District," and return one member. Those portions of Vancouver Island, known as "Victoria District," "Esquimalt District," and ''Metchosin District,'' as defined in the official maps of those districts which are in the Land Office, Victoria, and are designated respectively, ''Victoria District Official Map, 1858," "Esquimalt District Official Map, 1858," and "Metchosin District Official Map, A.D. 1858," shall constitute one district, to be designated ''Victoria District," and return two members. All the remainder of Vancouver Island, and all such islands adjacent thereto, as were formerly dependencies of the late Colony of Vancouver Island District, shall constitute one district. to be designated "Vancouver Island District," and return one Member. And the Right Honourable Earl of Kimberley, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions therein accordingly. (Signed) ARTHUR HELPS. __________________________________________________________________ SCHEDULE Address of the Senate of Canada To the Queen's Excellent Majesty Most Gracious Sovereign, We, your Majesty's most dutiful and loyal subjects, the Senate of Canada in Parliament assembled, humbly approach your Majesty for the purpose of representing:-- That by a despatch from the Governor of British Columbia, dated 23rd January, 1871, with other papers laid before this House by message from his Excellency the GovernorGeneral, of the 27th February last, this House learns that the Legislative Council of that colony, in council assembled, adopted, in January last, an Address representing to your Majesty that British Columbia was prepared to enter into Union with the Dominion of Canada, upon the terms and conditions mentioned in the said Address, which is as follows:-- To the Queen's Most Excellent Majesty Most Gracious Sovereign, We, your Majesty's most dutiful and loyal subjects, the Members of the Legislative Council of British Columbia in council assembled, humbly approach your Majesty for the purpose of representing:-- That, during the last session of the late Legislative Council, the subject of the admission of the Colony of British Columbia into the Union or Dominion of Canada was taken into consideration, and a resolution on the subject was agreed to, embodying the terms upon which it was proposed that this colony should enter the Union; That after the close of the session, Delegates were sent by the Government of this Colony to Canada to confer with the Government of the Dominion with respect to the admission or British Columbia into the Union upon the terms proposed; That after considerable discussion by the Delegates with the Members of the Government of the Dominion of Canada, the terms and conditions hereinafter specified were adopted by a Committee of the Privy Council of Canada, and were by them reported to the Governor-General for his approval; That such terms were communicated to the Government of this Colony by the Governor-General of Canada, in a despatch dated July 7th, 1870, and are as follows:-- 1. Canada shall be liable for the debts and liabilities of British Columbia existing at the time of the Union. 2. British Columbia not having incurred debts equal to those of the other Provinces now constituting the Dominion, shall be entitled to receive, by half-yearly payments, in advance from the General Government, interest at the rate of five per cent. per annum on the difference between the actual amount of its indebtedness at the date of the Union, and the indebtedness per head of the population of Nova Scotia and New Brunswick (27.77 dollars), the population of British Columbia being taken at 60,000. 3. The following sums shall be paid by Canada to British Columbia for the support of its Government and Legislature, to wit, an annual subsidy of 35,000 dollars, and an annual grant equal to 80 cents per head of the said population of 60,000, both half-yearly in advance, such grant of 80 cents per head to be augmented in proportion to the increase of population, as may be shown by each subsequent decennial census, until the population amounts to 400,000, at which rate such grant shall thereafter remain, it being understood that the first census be taken in the year 1881. 4. The Dominion will provide an efficient mail service, fortnightly, by steam communication between Victoria and San Francisco, and twice a week between Victoria and Olympia; he vessels to be adapted for the conveyance of freight and passengers 5. Canada will assume and defray the charges for the following services:-- A. Salary of the Lieutenant-Governor; B. Salaries and allowances of the Judges of the Superior Courts and the County or District Courts; C. The charges in respect to the Department of Customs; D. The Postal and Telegraphic Services; E. Protection and Encouragement of Fisheries; F. Provision for the Militia; G. Lighthouses, Buoys, and Beacons, Shipwrecked Crews, Quarantine and Marine Hospitals, including a Marine Hospital at Victoria; H. The Geological Survey; I. The Penitentiary; And such further charges as may be incident to and connected with the services which by the "British North America Act of 1867" appertain to the General Government, and as are or may be allowed to the other Provinces. 6. Suitable pensions, such as shall be approved of by Her Majesty's Government, shall be provided by the Government of the Dominion for those of Her Majesty's servants in the Colony whose position and emoluments derived therefrom would be affected by political changes on the admission of British Columbia into the Dominion of Canada. 7. It is agreed that the existing Customs tariff and Excise duties shall continue in force in British Columbia until the railway from the Pacific coast and the system of railways in Canada are connected, unless the Legislature of British Columbia should sooner decide to accept the Tariff and Excise Laws of Canada. When Customs and Excise duties are, at the time of the union of British Columbia with Canada, leviable on any goods, wares, or merchandizes in British Columbia, or in the other Provinces of the Dominion, those goods, wares, and merchandizes may, from and after the Union, be imported into British Columbia from the Provinces now composing the Dominion, or into either of those Provinces from British Columbia, on proof of payment of the Customs or Excise duties leviable thereon in the Province of exportation, and on payment of such further amount (if any) of Customs or Excise duties as are leviable thereon in the Province of importation. This arrangement to have no force or effect after the assimilation of the Tariff and Excise duties of British Columbia with those of the Dominion. 8. British Columbia shall be entitled to be represented in the Senate by three members, and by six members in the House of Commons. The representation to be increased under the provisions of the "British North America Act, 1867" 9. The influence of the Dominion Government will be used to secure the continued maintenance of the naval station at Esquimalt. 10. The provisions of the "British North America Act, 1867'' shall (except those parts thereof which are in terms made, or by reasonable intendment may be held to be specially applicable to and only affect one and not the whole of the Provinces now comprising the Dominion, and except so far as the same may be varied by this Minute) be applicable to British Columbia in the same way and to the like extent as they apply to the other Provinces of the Dominion, and as if the colony of British Columbia had been one of the Provinces originally united by the said Act. 1l. The Government of the Dominion undertake to secure the commencement simultaneously, within two years from the date of the Union, of the construction of a railway from the Pacific towards the Rocky Mountains, and from such point as may be selected, east of the Rocky Mountains, towards the Pacific, to connect the seaboard of British Columbia with the railway system of Canada; and further, to secure the completion of such railway within ten years from the date of the Union. And the Government of British Columbia agrees to convey to the Dominion Government, in trust, to be appropriated in such manner as the Dominion Government may deem advisable in furtherance of the construction of the said railway, a similar extent of public lands along the line of railway throughout its entire length in British Columbia, not to exceed, however, twenty (20) miles on each side of said line, as may be appropriated for the same purpose by the Dominion Government from the public lands in the northwest territories and the Province of Manitoba. Provided that the quantity of land which may be held under preemption right or by Crown grant within the limits of the tract of land in British Columbia to be so conveyed to the Dominion Government shall be made good to the Dominion from contiguous public lands; and provided further, that until the commencement, within two years, as aforesaid, from the date of the union, of the construction of the said railway, the Government of British Columbia shall not sell or alienate any further portions of the public lands of British Columbia in any other way than under right of preemption, requiring actual residence of the preemptor on the land claimed by him. In consideration of the land to be so conveyed in aid of the construction of the said railway, the Dominion Government agree to pay to British Columbia from the date of the Union, the sum of 100,000 dollars per annum, in half-yearly payments in advance. 12. The Dominion Government shall guarantee the interest for ten years from the date of the completion of the works, at the rate of five per centum per annum, on such sum, not exceeding -L-100.000 sterling, as may be required for the construction of a first class graving dock at Esquimalt. 13. The charge of the Indians, and the trusteeship and management of the lands reserved for their use and benefit, shall be assumed by the Dominion Government and a policy as liberal as that hitherto pursued by the British Columbia Government shall be continued by the Dominion Government after the Union. To carry out such policy, tracts of land of such extent as it has hitherto been the practice of the British Columbia Government to appropriate for that purpose, shall from time to time be conveyed by the Local Government to the Dominion Government in trust for the use and benefit of the Indians on application of the Dominion Government; and in case of disagreement between the two Governments respecting the quantity of such tracts of land to be so granted, the matter shall be referred for the decision of the Secretary of State for the Colonies. 14. The Constitution of the Executive Authority and Or the Legislature of British Columbia shall, subject to the provisions of "The British North America Act, 1867", continue as existing at the time of the Union until altered under the authority of the said Act, it being at the same time understood that the Government of the Dominion will readily consent to the introduction of responsible government when desired by the inhabitants of British Columbia, and it being likewise understood that it is the intention of the Governor of British Columbia, under the authority of the Secretary of State for the Colonies, to amend the existing Constitution of the Legislature by providing that a majority of its members shall be elective. The Union shall take effect according to the foregoing terms and conditions on such day as Her Majesty by and with the advice of Her Most Honourable Privy Council may appoint (on addresses from the Legislature of the Colony of British Columbia and of the Houses of Parliament of Canada in the terms of the 146th section of "The British North America Act, 1867" and British Columbia may in its address specify the electoral districts for which the first election of members to serve in the House of Commons shall take place. That such terms have proved generally acceptable to the people of this Colony. That this Council is, therefore, willing to enter into Union with the Dominion of Canada upon such terms, and humbly submit that, under the circumstances, it is expedient that the admission of this Colony into such Union, as aforesaid, should be affected at as early a date as may be found practicable under the provisions of the 146th section of ''The British North America Act, 1867" We, therefore, humbly pray that Your Majesty will be graciously pleased, by and with the advice of Your Majesty's Most Honourable Privy Council, under the provisions of the 146th section of ''The British North America Act, 1867" to admit British Columbia into the Union or Dominion of Canada, on the basis of the terms and conditions offered to this Colony by the Government of the Dominion of Canada, hereinbefore set forth; and inasmuch as by the said terms British Columbia is empowered in its address to specify the electoral districts for which the first election of members to serve in the House of Commons shall take place, we humbly pray that such electoral districts may be declared, under the Order in Council, to be as follows:-- That ''New Westminster District," and the "Coast District", as defined in a public notice issued from the Lands and Works Office on the 15th day of December, 1869, by the desire of the Governor, and purporting to be in accordance with the provisions of the 39th clause of the "Mineral Ordinance,1869," shall constitute one district, to be designated "New Westminster District," and return one member. That ''Cariboo District," and "Lillooet District," as specified in the said public notice shall constitute one district, to be designated "Cariboo District,'' and return one Member. That ''Yale District," and "Kootenay District," as specified in the said public notice, shall constitute one district, to be designated ''Yale District," and return one Member. That those portions of Vancouver Island known as "Victoria District," ''Esquimalt District,'' and "Metchosin District," as defined in the official maps of those districts in the Land Office, Victoria, and which maps are designated respectively, ''Victoria District Official Map, 1858," "Esquimalt District Official Map,1858," and ''Metchosin District Official Map. 1858." shall constitute one district. to be designated ''Victoria District," and return two Members. And that all the remainder of Vancouver Island, and all such islands adjacent thereto as were formerly dependencies of the late colony of Vancouver Island District shall constitute one district, to be designated "Vancouver Island District," and return one Member. We further humbly represent, that the proposed terms and conditions of Union of British Columbia with Canada, as stated in the said Address, are in conformity with those preliminarily agreed upon between delegates from British Columbia and the Members of the Government of the Dominion of Canada, and embodied in a Report of a Committee of the Privy Council. approved by His Excellency the Governor-General in Council. on the 1st July, 1870, which approved Report is as follows:-- Copy of a Report of a Committee of the Honourable the Privy Council, approved by His Excellency the Governor-General in Council, on the 1st of July, 1870. The Committee of the Privy Council have had under consideration a Despatch, dated the 7th May, 1870, from the Governor of British Columbia, together with certain resolutions submitted by the Government of that colony to the Legislative Council thereof--both hereunto annexed--on the subject of the proposed union of British Columbia with the Dominion of Canada; and after several interviews between them and the Honourable Messrs. Trutch, Helmcken, and Carrall, the Delegates from British Columbia. and full discussion with them of the various questions connected with that important subject, the Committee now respectfully submit for your Excellency's approval the following terms and conditions to form the basis of a political union between British Columbia and the Dominion of Canada [Here follow the terms of Union as stated supra, in the Address of the Legislative Council of British Columbia] (Certified) WM. H. LEE, Clerk Privy Council. We further humbly represent that we concur in the terms and conditions of Union set forth in the said Address, and approved Report of the Committee of the Privy Council above mentioned; and most respectfully pray that your Majesty will be graciously pleased, by and with the advice of your Majesty's most Honourable Privy Council, under the 146th clause of ''The British North America Act, 1867'' to unite British Columbia with the Dominion of Canada, on the terms and conditions above set forth. The Senate, Wednesday, April 5, 1871. (Signed) JOSEPH CAUCHON, Speaker. Address of the Commons of Canada To the Queen's Most Excellent Majesty Most Gracious Sovereign, We,yourMajesty'smostdutifulandloyalsubjects,theCommonsofCanadainParliam ent assembled, humbly approach your Majesty for the purpose of representing:-- [The balance of the Address is identical inform with the Address of the Senate and is omitted for that reason.] JAMES COCKBURN, Speaker. House of Commons, Saturday, 1st April, 1871. Address of the Legislative Council of British Columbia To the Queen's Most Excellent Majesty Most Gracious Sovereign, We, your Majesty's most dutiful and loyal subjects, the Members of the Legislative Council of British Columbia in Council assembled, humbly approach your Majesty for the purpose of representing:-- [The balance of the Address is set forth at length in the Address of the Senate.] (Signed) PHILIP J. HANKIN, Speaker. __________________________________________________________________ Last HTML revision: 13 March, 1998. William F. Maton #AustralianPolitics.com » Feed AustralianPolitics.com » Comments Feed * Home * About * CONTACT * AUDIO + 1970 – 1979 o 1972 o 1973 o 1974 o 1975 o 1976 o 1977 o 1978 o 1979 + 1980 – 1989 o 1980 o 1981 o 1982 o 1983 o 1984 o 1985 o 1986 o 1987 o 1988 o 1989 + 1990 – 1999 o 1990 o 1991 o 1992 o 1993 o 1994 o 1995 o 1996 o 1997 o 1998 o 1999 + 2000 – 2009 o 2001 o 2002 o 2003 o 2004 o 2005 o 2006 o 2007 o 2008 o 2009 + 2010 – 2013 o 2010 o 2011 o 2012 o 2013 * WHITLAM DISMISSAL * WORDS * OPINION * U.S.A. + CONSTITUTION * U.K. * Follow Me On Twitter AustralianPolitics.com * DEMOCRACY + KEY TERMS + CONVENTIONS + PRESSURE GROUPS * CONSTITUTION + FULL TEXT + GOVERNOR-GENERAL + HIGH COURT + FEDERALISM + CONSTITUTIONAL REFORM * PARLIAMENT + GENERAL INFORMATION + FUNCTIONS + HOUSE OF REPRESENTATIVES + SENATE + PARLIAMENT IN ACTION + LEGISLATION + PARLIAMENTARY COMMITTEES + HANSARD + BACKBENCHERS + FIRST / MAIDEN SPEECHES + OPPOSITION + QUESTION TIME + DOUBLE DISSOLUTIONS + SPEAKER & OTHER PEOPLE + PARLIAMENTARY REFORM * EXECUTIVE + CABINET & MINISTRY + PUBLIC SERVICE + PRIME MINISTER + - JULIA GILLARD + - KEVIN RUDD + - JOHN HOWARD + - PAUL KEATING + - BOB HAWKE + - MALCOLM FRASER + - GOUGH WHITLAM * PARTIES + REGISTERED PARTIES + AUSTRALIAN LABOR PARTY + LIBERAL PARTY + THE NATIONALS + GREENS + AUSTRALIAN DEMOCRATS + PAULINE HANSON’S ONE NATION * VOTING/ELECTIONS + ELECTORAL SYSTEM – FEATURES & HISTORY + FEDERAL & STATE ELECTIONS + ELECTION STATISTICS + ELECTION COSTS, FUNDING & DONATIONS + VOTING BEHAVIOUR * STATES + NEW SOUTH WALES + VICTORIA + QUEENSLAND + WESTERN AUSTRALIA + SOUTH AUSTRALIA + TASMANIA + AUSTRALIAN CAPITAL TERRITORY + NORTHERN TERRITORY + LOCAL GOVERNMENT * TOPICS + CLICK HERE FOR A LIST OF TOPICS & ISSUES + FOREIGN POLICY * REFORM * LISTS __________________________________________________________________ You are here: Home / Constitution / Constitution Text / Australian Constitution – Chapter 3 Australian Constitution – Chapter 3 Chapter 3 – The Judicature Sections 71-80 Section 71 – Judicial power and Courts The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes. Section 72 – Judges’ appointment, tenure and remuneration The Justices of the High Court and of the other courts created by the Parliament- (i.) Shall be appointed by the Governor-General in Council: (ii.) Shall not be removed except by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity: (iii.) Shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office. The appointment of a Justice of the High Court shall be for a term expiring upon his attaining the age of seventy years, and a person shall not be appointed as a Justice of the High Court if he has attained that age. The appointment of a Justice of a court created by the Parliament shall be for a term expiring upon his attaining the age that is, at the time of his appointment, the maximum age for Justices of that court and a person shall not be appointed as a Justice of such a court if he has attained the age that is for the time being the maximum age for Justices of that court. Subject to this section, the maximum age for Justices of any court created by the Parliament is seventy years. The Parliament may make a law fixing an age that is less than seventy years as the maximum age for Justices of a court created by the Parliament and may at any time repeal or amend such a law, but any such repeal or amendment does not affect the term of office of a Justice under an appointment made before the repeal or amendment. A Justice of the High Court or of a court created by the Parliament may resign his office by writing under his hand delivered to the Governor-General. Nothing in the provisions added to this section by the Constitution Alteration (Retirement of Judges) 1977 affects the continuance of a person in office as a Justice of a court under an appointment made before the commencement of those provisions. A reference in this section to the appointment of a Justice of the High Court or of a court created by the Parliament shall be read as including a reference to the appointment of a person who holds office as a Justice of the High Court or of a court created by the Parliament to another office of Justice of the same court having a different status or designation. Section 73 – Appellate jurisdiction of High Court The High Court shall have jurisdiction, with such exceptions and subject to such regulations as the Parliament prescribes, to hear and determine appeals from all judgements, decrees, orders, and sentences- (i.) Of any Justice or Justices exercising the original jurisdiction of the High Court: (ii.) Of any other federal court, or court exercising federal jurisdiction; or of the Supreme Court of any State, or of any other court of any State from which at the establishment of the Commonwealth an appeal lies to the Queen in Council: (iii.) Of the Inter-State Commission, but as to questions of law only: and the judgement of the High Court in all such cases shall be final and conclusive. But no exception or regulation prescribed by the Parliament shall prevent the High Court from hearing and determining any appeal from the Supreme Court of a State in any matter in which at the establishment of the Commonwealth an appeal lies from such Supreme Court to the Queen in Council. Until the Parliament otherwise provides, the conditions of and restrictions on appeals to the Queen in Council from the Supreme Courts of the several States shall be applicable to appeals from them to the High Court. Section 74 – Appeal to Queen in Council No appeal shall be permitted to the Queen in Council from a decision of the High Court upon any question, howsoever arising, as the the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States, unless the High Court shall certify that the Question is one which ought to be determined by Her Majesty in Council. The High Court may so certify if satisfied that for any special reason the certificate should be granted, and thereupon an appeal shall lie to Her Majesty in Council on the question without further leave. Except as provided in this section, this Constitution shall not impair any right which the Queen may be please to exercise by virtue of Her Royal prerogative to grant special leave of appeal from the High Court to Her Majesty in Council. The Parliament may make laws limiting the matters in which leave may be asked, but proposed laws containing any such limitations shall be reserved by the Governor-General for Her Majesty’s pleasure. Section 75 – Original jurisdiction of High Court In all matters- (i.) Arising under any treaty: (ii.) Affecting consuls or other representatives of other countries: (iii.) In which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party: (iv.) Between States, or between residents of different States, or between a State and a resident of another State: (v.) In which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth: the High Court shall have original jurisdiction. Section 76 – Additional original jurisdiction The Parliament may make laws conferring original jurisdiction on the High Court in any matter- (i.) Arising under this Constitution, or involving its interpretation: (ii.) Arising under any laws made by the Parliaments: (iii.) Of Admiralty and maritime jurisdiction: (iv.) Relating to the same subject-matter claimed under the laws of different States. Section 77 – Power to define jurisdiction With respect to any of the matters mentioned in the last two sections the Parliament may make laws- (i.) Defining the jurisdiction of any federal court other than the High Court: (ii.) Defining the extent to which the jurisdiction of any federal court shall be exclusive of that which belongs to or is invested in the courts of the States: (iii.) Investing any court of a State with federal jurisdiction. Section 78 – Proceedings against Commonwealth or State The Parliament may make laws conferring rights to proceed against the Commonwealth or a State in respect of matters within the limits of the judicial power. Section 79 – Number of judges The federal jurisdiction of any court may be exercised by such number of judges as the Parliament prescribes. Section 80 – Trial by jury The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes. 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Return to top of page Copyright © AustralianPolitics.com 1995-2013 · Log in #AustralianPolitics.com » Feed AustralianPolitics.com » Comments Feed * Home * About * CONTACT * AUDIO + 1970 – 1979 o 1972 o 1973 o 1974 o 1975 o 1976 o 1977 o 1978 o 1979 + 1980 – 1989 o 1980 o 1981 o 1982 o 1983 o 1984 o 1985 o 1986 o 1987 o 1988 o 1989 + 1990 – 1999 o 1990 o 1991 o 1992 o 1993 o 1994 o 1995 o 1996 o 1997 o 1998 o 1999 + 2000 – 2009 o 2001 o 2002 o 2003 o 2004 o 2005 o 2006 o 2007 o 2008 o 2009 + 2010 – 2013 o 2010 o 2011 o 2012 o 2013 * WHITLAM DISMISSAL * WORDS * OPINION * U.S.A. + CONSTITUTION * U.K. * Follow Me On Twitter AustralianPolitics.com * DEMOCRACY + KEY TERMS + CONVENTIONS + PRESSURE GROUPS * CONSTITUTION + FULL TEXT + GOVERNOR-GENERAL + HIGH COURT + FEDERALISM + CONSTITUTIONAL REFORM * PARLIAMENT + GENERAL INFORMATION + FUNCTIONS + HOUSE OF REPRESENTATIVES + SENATE + PARLIAMENT IN ACTION + LEGISLATION + PARLIAMENTARY COMMITTEES + HANSARD + BACKBENCHERS + FIRST / MAIDEN SPEECHES + OPPOSITION + QUESTION TIME + DOUBLE DISSOLUTIONS + SPEAKER & OTHER PEOPLE + PARLIAMENTARY REFORM * EXECUTIVE + CABINET & MINISTRY + PUBLIC SERVICE + PRIME MINISTER + - JULIA GILLARD + - KEVIN RUDD + - JOHN HOWARD + - PAUL KEATING + - BOB HAWKE + - MALCOLM FRASER + - GOUGH WHITLAM * PARTIES + REGISTERED PARTIES + AUSTRALIAN LABOR PARTY + LIBERAL PARTY + THE NATIONALS + GREENS + AUSTRALIAN DEMOCRATS + PAULINE HANSON’S ONE NATION * VOTING/ELECTIONS + ELECTORAL SYSTEM – FEATURES & HISTORY + FEDERAL & STATE ELECTIONS + ELECTION STATISTICS + ELECTION COSTS, FUNDING & DONATIONS + VOTING BEHAVIOUR * STATES + NEW SOUTH WALES + VICTORIA + QUEENSLAND + WESTERN AUSTRALIA + SOUTH AUSTRALIA + TASMANIA + AUSTRALIAN CAPITAL TERRITORY + NORTHERN TERRITORY + LOCAL GOVERNMENT * TOPICS + CLICK HERE FOR A LIST OF TOPICS & ISSUES + FOREIGN POLICY * REFORM * LISTS __________________________________________________________________ You are here: Home / Constitution / Constitution Text / Australian Constitution – Chapter 2 Australian Constitution – Chapter 2 The Executive Government Sections 61-70 Section 61 – Executive power The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen’s representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth. Section 62 – Federal Executive Council There shall be a Federal Executive Council to advise the Governor-General in the government of the Commonwealth, and the members of the Council shall be chosen and summoned by the Governor-General and sworn as Executive Councillors, and shall hold office during his pleasure. Section 63 – Provisions referring to Governor-General The provisions of this Constitution referring to the Governor-General in Council shall be construed as referring to the Governor-General acting with the advice of the Federal Executive Council. Section 64 – Ministers of State & Ministers to sit in Parliament The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish. Such officers shall hold office during he pleasure of the Governor-General. They shall be members of the Federal Executive Council, and shall be the Queen’s Ministers of State for the Commonwealth. After the first general election no Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives. Section 65 – Number of ministers Until the Parliament otherwise provides, the Ministers of the State shall not exceed seven in number, and shall hold such offices as the Parliament prescribes, or, in the absence of provision, as the Governor-General directs. Section 66 – Salaries of Ministers There shall be payable to the Queen, out of the Consolidated Revenue Fund of the Commonwealth, for the salaries of the Ministers of State, an annual sum which, until the Parliament otherwise provides, shall not exceed twelve thousand pounds a year. Section 67 – Appointment of civil servants Until the Parliament otherwise provides, the appointment and removal of all other officers of the Executive Government of the Commonwealth shall be vested in the Governor-General in Council, unless the appointment is delegated by the Governor-General in Council or by a law of the Commonwealth to some other authority. Section 68 – Command of naval and military forces The command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen’s representative. Section 69 – Transfer of certain departments On a date or dates to be proclaimed by the Governor-General after the establishment of the Commonwealth the following departments of the public service in each State shall become transferred to the Commonwealth:- Posts, telegraphs, and telephones: Naval and military defence: Lighthouses, lightships, beacons, and buoys: Quarantine. But the departments of customs and of excise in each State shall become transferred to the Commonwealth on its establishment. Section 70 – Certain powers of Governors to vest in Governor-General In respect of matters which, under this Constitution, pass to the Executive Government of the Commonwealth, all powers and functions which at the establishment of the Commonwealth are vested in the Governor of a Colony, or in the Governor of a Colony with the advice of his Executive Council, or in any authority of a Colony, shall vest in the Governor-General, or in the Governor-General in Council, or in the authority exercising similar powers under the Commonwealth, as the case requires. Print Friendly Search AustralianPolitics.com _____________________________________ Search Google Custom Search AustralianPolitics.com at The Drum Click here to read my articles at The Drum > Read my 2010-12 columns here > Read my 2010 Campaign Diary here Try A Tag 9/11 AWU carbon tax HSU Alexander Downer Campbell Newman Steve Bracks Meg Lees Gough Whitlam James Ashby Bob Brown Tony Windsor flood levy Peter Beattie Queen Elizabeth II Peter Slipper Queensland floods Craig Thomson 2007 Election Mitt Romney financial crisis Iraq Rob Oakeshott Christopher Pyne Brendan Nelson New Year Simon Crean Anna Bligh climate change WorkChoices Pauline Hanson Bob Carr Stephen Smith National Press Club Julie Bishop Bill Shorten GST maiden speech Bob Hawke China Julia Gillard Christmas Liberal Party leadership Peter Costello Reserve Bank Robert Hill Bill Clinton Warren Truss Chris Bowen John McCain Indonesia COAG Paul Keating Kim Beazley Kevin Rudd Glenn Stevens George W Bush Jeff Kennett Ted Baillieu Malcolm Turnbull Budget Barack Obama terrorism Wayne Swan State of the Union interest rates John Brumby Joe Hockey Afghanistan Tony Abbott Jenny Macklin John Howard Tsunami floods Mark Latham Twitter Andrew Wilkie Malcolm Fraser Laurie Oakes Recent Posts * Gillard Releases National Security Strategy * NITV Interview With Nova Peris * Gillard Chooses Nova Peris For ALP NT Senate Seat; Crossin Dumped * ‘One Today’ – Richard Blanco’s Inaugural Poem * President Barack Obama’s Second Inaugural Address * The Inauguration Of A President * President Barack Obama Takes Oath Of Office And Begins His Second Term * Joe Biden Takes Oath Of Office For Second Term As Vice-President * British Foreign Secretary William Hague’s Howard Lecture * Howard Lecture: Tony Abbott Introduces William Hague Gillard Government * Gillard Releases National Security Strategy * NITV Interview With Nova Peris * Gillard Chooses Nova Peris For ALP NT Senate Seat; Crossin Dumped * Unemployment Rate Increases 0.1% To 5.4% * Kevin Rudd’s Plans For 2013 * Gillard Announces Agreement With Social Networking Sites Over Cyberbullying * Gillard And Swan Look To The Election * Gillard And Rudd: 935 Days Each As Prime Minister * Jenny Macklin Apologises For Comment About The Dole * Royal Commission Into Child Sexual Abuse: Commissioners, Terms Of Reference Announced Occasional Opinion * Who Will Win The 2013 Federal Election? – Part 1 * Julia Gillard’s Place Amongst The List Of Australian Prime Ministers * When Will The 2013 Federal Election Be Held? * When Is A Shift Not A Shift? * Peter Slipper Stands Aside As Speaker * Gillard And Her Caucus: Sink Or Swim Together * Will Labor Keep Marching Off The Cliff? * The Labor Leadership: A Time Of Peril And Opportunity * Poker Machine Doublespeak * The Iowa Caucuses: A Model Of Participatory Democracy? Return to top of page Copyright © AustralianPolitics.com 1995-2013 · Log in #AustralianPolitics.com » Feed AustralianPolitics.com » Comments Feed * Home * About * CONTACT * AUDIO + 1970 – 1979 o 1972 o 1973 o 1974 o 1975 o 1976 o 1977 o 1978 o 1979 + 1980 – 1989 o 1980 o 1981 o 1982 o 1983 o 1984 o 1985 o 1986 o 1987 o 1988 o 1989 + 1990 – 1999 o 1990 o 1991 o 1992 o 1993 o 1994 o 1995 o 1996 o 1997 o 1998 o 1999 + 2000 – 2009 o 2001 o 2002 o 2003 o 2004 o 2005 o 2006 o 2007 o 2008 o 2009 + 2010 – 2013 o 2010 o 2011 o 2012 o 2013 * WHITLAM DISMISSAL * WORDS * OPINION * U.S.A. + CONSTITUTION * U.K. * Follow Me On Twitter AustralianPolitics.com * DEMOCRACY + KEY TERMS + CONVENTIONS + PRESSURE GROUPS * CONSTITUTION + FULL TEXT + GOVERNOR-GENERAL + HIGH COURT + FEDERALISM + CONSTITUTIONAL REFORM * PARLIAMENT + GENERAL INFORMATION + FUNCTIONS + HOUSE OF REPRESENTATIVES + SENATE + PARLIAMENT IN ACTION + LEGISLATION + PARLIAMENTARY COMMITTEES + HANSARD + BACKBENCHERS + FIRST / MAIDEN SPEECHES + OPPOSITION + QUESTION TIME + DOUBLE DISSOLUTIONS + SPEAKER & OTHER PEOPLE + PARLIAMENTARY REFORM * EXECUTIVE + CABINET & MINISTRY + PUBLIC SERVICE + PRIME MINISTER + - JULIA GILLARD + - KEVIN RUDD + - JOHN HOWARD + - PAUL KEATING + - BOB HAWKE + - MALCOLM FRASER + - GOUGH WHITLAM * PARTIES + REGISTERED PARTIES + AUSTRALIAN LABOR PARTY + LIBERAL PARTY + THE NATIONALS + GREENS + AUSTRALIAN DEMOCRATS + PAULINE HANSON’S ONE NATION * VOTING/ELECTIONS + ELECTORAL SYSTEM – FEATURES & HISTORY + FEDERAL & STATE ELECTIONS + ELECTION STATISTICS + ELECTION COSTS, FUNDING & DONATIONS + VOTING BEHAVIOUR * STATES + NEW SOUTH WALES + VICTORIA + QUEENSLAND + WESTERN AUSTRALIA + SOUTH AUSTRALIA + TASMANIA + AUSTRALIAN CAPITAL TERRITORY + NORTHERN TERRITORY + LOCAL GOVERNMENT * TOPICS + CLICK HERE FOR A LIST OF TOPICS & ISSUES + FOREIGN POLICY * REFORM * LISTS __________________________________________________________________ You are here: Home / Constitution / Constitution Text / Australian Constitution – Chapter 5 Australian Constitution – Chapter 5 The States Sections 106-120 Section 106 – Saving of Constitutions The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission of establishment of the State, as the case may be, until altered in accordance with the Constitution of the State. Section 107 – Saving of Power of State Parliaments Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be. Section 108 – Saving of State laws Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State. Section 109 – Inconsistency of laws When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid. Section 110 – Provisions referring to Governor The provisions of this Constitution relating to the Governor of a State extend and apply to the Governor for the time being of the State, or other chief executive officer or administrator of the government of the State. Section 111 – States may surrender territory The Parliament of a State may surrender any part of the State to the Commonwealth; and upon such surrender, and the acceptance thereof by the Commonwealth, such part of the State shall become subject to the exclusive jurisdiction of the Commonwealth. Section 112 – States may levy charges for inspection laws After uniform duties of customs have been imposed, a State may levy on imports, or on goods passing into or out of the State such charges as may be necessary for executing the inspection laws of the State; but the net produce of all charges so levied shall be for the use of the Commonwealth; and any such inspection laws may be annulled by the Parliament of the Commonwealth. Section 113 – Intoxicating liquids All fermented, distilled, or other intoxicating liquids passing into any State or remaining therein for use, consumption, sale, or storage, shall be subject to the laws of the State as if such liquids had been produced in the State. Section 114 – States may not raise forces – Taxation of property of Commonwealth or States A State shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Commonwealth, not shall the Commonwealth impose any tax on property of any kind belonging to a State. Section 115 – States not to coin money A State shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts. Section 116 – Commonwealth not to legislate in respect of religion The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth. Section 117 – Rights of residents in States A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State. Section 118 – Recognition of laws, &c. of States Full faith and credit shall be given, throughout the Commonwealth to the laws, the public Acts and records, and the judicial proceeding of every State. Section 119 – Protection of States from invasion and violence The Commonwealth shall protect every State against invasion and, on the application of the Executive Government of the State, against domestic violence. Section 120 – Custody of offenders against laws of the Commonwealth Every State shall make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the Commonwealth, and for the punishment of persons convicted of such offences, and the Parliament of the Commonwealth may make laws to give effects to this provision. Print Friendly Search AustralianPolitics.com _____________________________________ Search Google Custom Search AustralianPolitics.com at The Drum Click here to read my articles at The Drum > Read my 2010-12 columns here > Read my 2010 Campaign Diary here Try A Tag Bill Shorten China John Brumby Mark Latham maiden speech HSU Mitt Romney interest rates 2007 Election Ted Baillieu Tsunami Barack Obama Peter Costello George W Bush Malcolm Fraser Julia Gillard Joe Hockey Brendan Nelson Queensland floods carbon tax Bob Carr National Press Club Tony Windsor Christmas Jeff Kennett Twitter John McCain leadership Rob Oakeshott WorkChoices Liberal Party COAG Glenn Stevens Julie Bishop Laurie Oakes Craig Thomson flood levy Tony Abbott AWU climate change Gough Whitlam Budget Reserve Bank Pauline Hanson Paul Keating New Year Andrew Wilkie John Howard Stephen Smith 9/11 Peter Slipper James Ashby Bob Brown Simon Crean Afghanistan Queen Elizabeth II Kevin Rudd Jenny Macklin Anna Bligh State of the Union Wayne Swan Iraq Malcolm Turnbull Meg Lees Campbell Newman floods Robert Hill financial crisis Kim Beazley Indonesia Steve Bracks GST Peter Beattie Alexander Downer Warren Truss Chris Bowen Bob Hawke terrorism Bill Clinton Christopher Pyne Recent Posts * Gillard Releases National Security Strategy * NITV Interview With Nova Peris * Gillard Chooses Nova Peris For ALP NT Senate Seat; Crossin Dumped * ‘One Today’ – Richard Blanco’s Inaugural Poem * President Barack Obama’s Second Inaugural Address * The Inauguration Of A President * President Barack Obama Takes Oath Of Office And Begins His Second Term * Joe Biden Takes Oath Of Office For Second Term As Vice-President * British Foreign Secretary William Hague’s Howard Lecture * Howard Lecture: Tony Abbott Introduces William Hague Gillard Government * Gillard Releases National Security Strategy * NITV Interview With Nova Peris * Gillard Chooses Nova Peris For ALP NT Senate Seat; Crossin Dumped * Unemployment Rate Increases 0.1% To 5.4% * Kevin Rudd’s Plans For 2013 * Gillard Announces Agreement With Social Networking Sites Over Cyberbullying * Gillard And Swan Look To The Election * Gillard And Rudd: 935 Days Each As Prime Minister * Jenny Macklin Apologises For Comment About The Dole * Royal Commission Into Child Sexual Abuse: Commissioners, Terms Of Reference Announced Occasional Opinion * Who Will Win The 2013 Federal Election? – Part 1 * Julia Gillard’s Place Amongst The List Of Australian Prime Ministers * When Will The 2013 Federal Election Be Held? * When Is A Shift Not A Shift? * Peter Slipper Stands Aside As Speaker * Gillard And Her Caucus: Sink Or Swim Together * Will Labor Keep Marching Off The Cliff? * The Labor Leadership: A Time Of Peril And Opportunity * Poker Machine Doublespeak * The Iowa Caucuses: A Model Of Participatory Democracy? Return to top of page Copyright © AustralianPolitics.com 1995-2013 · Log in #contents index prev next alternate PHP downloads | documentation | faq | getting help | mailing lists | licenses | wiki | reporting bugs | php.net sites | conferences | my php.net search for ______________________________ in the [function list_____________] search * PHP Manual * Installation und Konfiguration * Generelle Überlegungen * Installation auf Unix-Systemen * Installation unter Mac OS X * Installation on Windows systems * Installation auf Cloud Computing Platformen * FastCGI Process Manager (FPM) * Installation of PECL extensions * Problems? * Laufzeiteinstellungen Verwendung von Paketen > < Debian GNU/Linux-Installationshinweise __________________________________________________________________ [edit] Last updated: Fri, 18 Jan 2013 view this page in [English_____________] Change language Installation unter Mac OS X Inhaltsverzeichnis * Verwendung von Paketen * Das enthaltene PHP verwenden * Kompilieren von PHP unter Mac OS X Diese Kapitel beschreibt die Installation von PHP unter Mac OS X. PHP wird auf Macs ausgeliefert; das Kompilieren ist ähnlich zur Installation unter Unix. Verwendung von Paketen > < Debian GNU/Linux-Installationshinweise __________________________________________________________________ [edit] Last updated: Fri, 18 Jan 2013 add a note add a note User Contributed Notes Installation unter Mac OS X - [10 notes] up down 2 Dan Black ¶ 5 years ago My httpd.conf had some of the lines, but not all of them -- mine was missing the LoadModule and AddModule lines for php. I'm not sure why -- I don't delete any of those; I just comment them out if I'm not using them. Plus, the note above put a space in "LoadModule"; it has no space. I didn't know about the "apachectl graceful" trick, though -- since "httpd -k restart" stopped working (probably around 10.2), I had just been doing it manually -- find the process, kill it, and hit httpd again -- thanks for the tip! So for those who are missing any of the lines, here are the full lines. In the section with all the other LoadModules: LoadModule php4_module libexec/httpd/libphp4.so Directly below that section should be the AddModules; you need: AddModule mod_php4.c And then the AddType lines should be right after the language priorities (so after the AddCharset lines and after the LanguagePriority bit): AddType application/x-httpd-php .php AddType application/x-httpd-php-source .phps Then restart apache/httpd as described above, and hopefully you should be good. BTW, the actual module should be at: /usr/libexec/httpd/libphp4.so So if things fail, you can check to see if that's there. Thanks to others who posted here; it definitely helped and got me on the right track. I just had to find the module manually to write my own LoadModule line. up down 0 Jeff Hayden ¶ 6 years ago Just a note. The darwinports software is now macports and you can get it at: http://www.macports.org/ If you use macports, be sure to change any refernces you may have in your calling scripts to macports as the file macports now gets installed. up down 0 lanhel at mac dot com ¶ 11 years ago Getting PHP running on 10.1 is simple. 1. su to root 2. Edit /etc/httpd/httpd.conf 3. Uncomment "Load Module php4_module" line. 4. Uncomment "AddModule mod_php4.c" line. 5. Uncomment "AddType application/x-httpd-php .php" line. 6. Uncomment "AddType application/x-httpd-php-source .phps" line. 7. Find "" block and uncomment the entire Directory directive block. This will allow PHP to execute from ~/Sites directory. up down 0 andreas at fink dot org ¶ 8 years ago To build on MacOS X 10.3.5 set the environment variable CFLAGS in the following way (depending on your shell) setenv CFLAGS "-DBIND_8_COMPAT=1 -DEAPI -O3" export CFLAGS="-DBIND_8_COMPAT=1 -DEAPI -O3" Then launch configure with the options: ./configure --prefix=/usr --mandir=/usr/share/man .... The -DBIND_8_COMPAT=1 gets you over a problem in the DNS files because MacOS X has definitions for Bind9 and PHP expects Bind8 definitions. -DEAPI is needed if you build it for Apache 1.3.31. -O3 enables the gcc optimizer. You can also add one of the following lines to your CFLAGS depending on the CPU you use to further improve speed: -mcpu=G3 -mtune=G3 -mcpu=G4 -mtune=G4 -mcpu=G5 -mtune=G5 up down 0 Rick ¶ 9 years ago under MacOS 10.3 if your compile fails vi Makefile find the dns.c entry add the switch -DBIND_8_COMPAT run make again up down 0 jack dash pinette at uiowa dot edu ¶ 9 years ago PHP 4.3.0 can easily be build on Mac OS X client; you don't need to download a binary. The process is quite fast and painless. See http://www.onlamp.com/pub/a/php/2003/01/17/phpcookbook.html for details. up down 0 php at radicalcomputingconcepts dot com ¶ 10 years ago 10.1 with fink installed into /sw ,mysql installed from fink. finally : Apache/1.3.24 (Darwin) DAV/1.0.3 PHP/4.2.1 mod_ssl/2.8.8 OpenSSL/0.9.6c configured initial apache config: ./configure --prefix=/sw --enable-shared=max --enable-module=most --target=apache --with-layout=GNU --enable-suexec --suexec-caller=www-data then php config: ./configure --prefix=/sw --with-xml --with-apache=../apache_1.3.24 --with-curl=/sw --with-pdflib=/sw --enable-exif --with-mysq=/sw then mod-ssl config: ./configure --with-apache=../apache_1.3.24 --with-ssl=/sw --enable-rule=SSL_SDBM final apache config: ./configure --prefix=/sw --enable-shared=max --enable-module=most --target=apache --with-layout=GNU --enable-suexec --suexec-caller=www-data --activate-module=src/modules/php4/libphp4.a --enable-module=ssl on final make of apache there was error in src/modules/ssl. i had to rm -ldbm and -lgcc and run gcc line by hand. then was able to finish make. i dont know what effect that may have on the build and i am interested to know, this was the only problem spot finally after many hours of hacking at it. testing so far: phpinfo() via http and https works. up down 0 info at ericbontenbal dot nl ¶ 10 years ago for using PHP on MacOSX, see article #106485 of the Apple knowledge base up down 0 larry(at)shafferinteractive.com ¶ 11 years ago For the latest on Mac OS X PHP installs (as of 10.0.4 on 9.24.01) check out http://developer.apple.com/internet/macosx/php.html This page also has some info on MySQL installs. up down -1 oster at ieee dot org ¶ 11 years ago If you've got Mac OS X pre-installed on your Mac, you've also got php4 pre-installed. You don't need to download or compile anything. You just need to edit the /etc/httpd/httpd.conf file. Use the "sudo open -a TextEdit..." command line, above. Search for "php", and make sure you've un-commented _all_ the relevant lines: the two AddType lines above, and also the AddModule and LoadModule lines. (but not the AddType lines for php3, since you'll be using php4.) Save and restart Apache with "sudo apachectl graceful", and you are done. add a note add a note show source | credits | stats | sitemap | contact | advertising | mirror sites Copyright © 2001-2013 The PHP Group All rights reserved. This unofficial mirror is operated at: http://php.net/ Last updated: Wed Jan 23 08:41:03 2013 PST SOLDIERX.COM Nobody Can Stop Information Insemination SOLDIERX.COM Nobody Can Stop Information Insemination User login Username: * _______________ Password: * _______________ Log in * Create new account * Request new password Navigation * Home * VIP Only * FAQ * Forums * Blogs * IRC * Neophyte's Guide * Doctrine * Books * Tutorials * Tools * Hacker Database * Vulnerability Database * Image Galleries * SX Crew * SX Labs * Contests * SX Merchandise * Link Exchange * Recent Posts * Security News * Popular content * Usage Policy Active forum topics * #OPWestboro * 'Hacking' vb aka vzone's Gibson with Ermahgerd * Bitcoin mining questions * New Members * FREE NewzNab NZB Newsgroup indexing Account * Stopping Windows server 2012 EVAL from rebooting every hour. * HDB Article joepie96 * help with deycripting a hashed password * Raiding The Wireless Empire: Berdeaux and Nichols Now available on Amazon.com * Is SQL a dead language for penetration testing? What are the most vulnerable weakness in a companies network these days more Who's online There are currently 4 users and 27 guests online. Online users * MrCracker * RaT * Digital_Paralysis * lucifer513 Who's new * f4ck * kassi * JoSonic * GaLorrn * Hoenikker Home How to triple boot MAC OS X Lion, Windows 7, and Linux 18 January, 2012 - 19:24 — cisc0ninja Prerequisites: Machine capable of running OS X, bootable flash drive with an OSX installer, linux install cd, windows install cd, half a brain. How to triple boot MAC OS X Lion, Windows 7, and Linux -cisc0ninja's notes: -----Disclaimer-------------------------------------------------------- ----------------------- I've got lion installed via the flash drive install method; basically following online tutorials. Some of the information here may seem the same, or similar to information elsewhere but there are a few slight difference/modifications. I give full credit to all of the sites/authors listed at the bottom, and am not claiming to be a subject matter expert. Nor am I claiming to have written or done anything other than use google, read tutorials/forums, and post my results and what I did here. If this helps you, great, if not you may need to do what I did and keep searching the web. If you're an author/site that is pissed off at me or feels I've stolen something, feel free to email me directly or take what I've written here and add it to your tutorial, or reproduce this on your site, I don't care. As I've said before, I merely use soldierx.com's tutorial section to post notes for myself on topics I've looked in to and use it as more of a centralized database for notes and references. Enough ranting, on to the goods... -----General view------------------------------------------------------------------- -------- I installed OSX first, then Windows, then Linux. The key thing to remember is that whatever OS's bootloader you want to use, SHOULD be the first OS installed. This is not necessarily true for Linux, Linux can handle booting basically anything with the right grub options. But if you want to use the OSX bootloader, OSX should be first, if you want the Windows bootloader, then Windows should be the first partition. More or less it just simplifies it this way, but if you're plan is to run Linux then grub really doesn't care as long as it's configured properly. In Linux you need to run gptsync /dev/sda to fix the boot loader issue, otherwise Windows won't boot. Using your flashdrive you boot the installer with the -s option to get a root shell and use fdisk to make OSX partition the active one. Using your flash drive, boot the OSX partition. Once inside re-run the multibeast installer file and reboot. You can disconnect your flash drive and easily see that by pressing a key before OSX is loaded, you are allowed to choose the OS/partition you would like to boot! Success! -----File Table/Partitioning----------------------------------------------------- ---------- In the beginning partitioning, before OSX was installed I used Gparted live cd to format both drives and write an MSDOS partition table aka file table to the disk. I then restarted the system and booted the OSX installer off the USB drive. During the OSX install I used the disk utility to create an OSX partition that was hfs+ (mac journaled fs) for OSX to install to, and created msdos/fat partitions for the Win & Linux partitions. So 3 partitions in total were created. After OSX is installed and you start the Windows installation; you need to format the partition as ntfs in order to write to it otherwise it says "this is a gpt partition table" and won't install. Even though it's technically not a gpt partition table because we formated the entire drive earlier as an MSDOS partition table. I believe that since Windows sees that the first few partitions are not something Windows knows how to read, and the fact that OSX creates an EFI partition as the first partition on the drive; this basically causes the Windows installer to flip out and won't let you write to the disk aka install Windows with out formatting the partition you want to install Windows to as NTFS. The Windows installer also doesn't like it if there are more than 3, maybe 4 partitions that it can read from a single drive. This is due to the whole MSDOS file table limitation, where as GPT (which is the default on a MAC) allows you to have more primary partitions. It is my understanding that this is what people refer to when they say "making a hybrid mbr/gpt drive". This is technically incorrect terminology because the equivalancy goes like this: Windows : MAC Location where boot loader is stored MBR : EFI File Table MSDOS : GPT Partition Table NTFS : HFS+ So it would be more accurate to say either "a hybrid MSDOS/GPT" or "a hybrid EFI/MSDOS". My understanding of what EFI is or how it works may be flawed, but I'm stating this because we first wrote an MSDOS file table to the drive, then OSX installs what is labeled as an EFI partiton as the first partition and marks this partition as bootable. Therefore, I'm assuming this is "EFI on an MSDOS" setup. Even Linux sees the drive as an MSDOS file table and is readable with fdisk. From my experience, I was not able to get fdisk to read from a GPT file table, and was forced to use the GParted GUI application when I attempted this. There is also the possibility that when we installed OSX it changed the disk's file table to GPT and then created the MSDOS partitions on top of that. The reason I'm saying this is a possibility is because Windows Disk management says the OSX partitions are "GPT Protective Partitions", but what does Windows know...>< meh.. What happens a lot of the time with tutorials and forums is people get confused on the terminology and end up researching the wrong things, I hope this helps to simplify! After installing OSX, I used multi beast with the options of "easy beast" and "system utilities" checked. While rebooting, I used arch=i386 and cpus=1 to boot off of the hard drive. -----OSX Drivers Section (skip if you want to start installing other OS's)------ I installed what I think is the latest drivers for my sound and ethernet and they are both working. VoodooHDA-2.7.2.pkg RealtekRTL81xx-0_0_90.pkg I was able to get TSCSync working as well, it is used so that you don't have to give the options arch=i386 and cpus=1 every time you boot. I still need to find an SD card to test out the SDHC driver. For my laptop, "Asus G60VX" there were many others who have worked towards installing OSX and someone who owned an Asus G51VX actually created a zip file with some of the drivers which are called KEXT files in OSX. I took the \Downloads\g51vxworking\Extra\Extensions folder and copied Extensions to \Extra\Extensions on the install drive. After this, camera functionality started working. I was experiencing some of the same things as other users. In regards to crackling in sound, what it seemed like to me, was that it was turning the speakers in to microphones. The mic and the speakers were picking up sound/interference so I just turned the mic down and disabled it as well as increased noise reduction on the speaker settings under the VoodooHDA driver under the Utilities section, which seems to have improved things. As for the computer going to sleep I have disabled sleep for now. I have sleep enabler.kext from the g51_working folder in the Extensions area of the file system as stated above, but every time the computer went to sleep I was unable to bring it out of the sleep state and ended up rebooting. -----Windows Install---------------------------------------------------------------- -- Start installing Windows off the CD like you normally would and make sure you click on anything that might say "Advanced". This should bring you to a menu for setting up the partitioning. Windows will give you an error upon selecting the partition you want to install Windows on and you should click the button "format as NTFS". Afterwards you should be able to install Windows to this partition. IF YOU CAN NOT...... A) You didn't format the drive and create an MSDOS file table like the begining says to do. B) You have more than 3 partitions, possibly more than 4! (Windows is finicky about this.) C) You've messed up somewhere along the lines and have to start all over! Assuming Windows is installing now, go through the rest of the process like normal. Boot back in to Windows to download and install Windows updates and drivers. I'm saying to install the OS updates now, because you may experience some difficulty installing them later. I believe I have fixed this issue, but Windows is finicky and there may be an update that messes things up although at this time, this is not the case. -----Linux Install---------------------------------------------------------------- ----------- Reboot the system and boot from a Linux cd, dvd, usb, whatever. When you come to the area of partitioning, choose "manually partition". Select the previous partition you set aside for your Linux installation. Feel free to now delete this and divide it up into as many partitions as you see fit or leave it as one; your preference. My partitioning looks something similar to this: 200mb - where efi is located, this was created automatically by OSX installer/multibeast 116.42gb - hfs+ - where osx is installed 129mb - i believe this was automatically created by windows, it says unallocated but there may be windows system files here, idk 232.83gb - ntfs - where windows is installed 18.63 - ext4 - / which is root partition for linux 97.57 - unallocated - this is where the rest of my linux partitions reside, gptsync made it so that windows sees them as an unallocated partition but /etc/fstab has them correct and so does /dev Having multiple partitions rather than just one for your Linux install is generally a good idea, and one that not many people do now days. It is mostly used so that if one partition is corrupt, or if something is going wrong you can generally unmount that one partition, fix it, remount it, and go on about your day without having to re-do/format-re-install from scratch. The rest of my Linux partitions look as follows: 4gb - swap 60gb - ext4 - /home 20gb - ext4 - /usr 15gb - ext4 - /var 5gb - ext4 - /tmp (this is really too big and it's a little less than 5 gigs but i dont care) If you follow the securing debian guide you should know that you need to mount the /tmp partition as non executable, but if you've ever had to install anything you know that /tmp gets used for placing temporary data there while it's being installed. So, install all of your software and then change the mount option in /etc/fstab so that it is non executable afterwards. Rat and others will tell you that having read and execute permissions on a file is just asking to be taken advantage of, while I'm not certain if this also applies to a partition, I'm assuming it does, so you should too! Due to issues I've had with grub2, I no longer generally use a /boot partition. /boot gets installed under / but whether I install grub to the MBR of the drive, or to the / partition only matters regarding what boot loader you want to be your main one on startup. As of now I'm saying install grub to your / partition since I havn't tested writing it to the MBR as of yet so I can't say if there is anything else necessary to get it working like that. When the installation finishes you should be able to boot in to Linux. You may need to boot your USB drive and select Linux from the bootloader there. Essentially the USB drive should be able to detect which operating systems are installed on your hard disk and you can use the USB drive's bootloader in order to boot in to each OS as we're needing to fix some issues. First issue is that you need to boot in to Linux so that you can repair the Windows partition, since Windows is probably not wanting to boot you need to run: apt-get install gptsync then run: gptsync /dev/sda Or whatever your main drive is called (not a specific, partition the whole drive). It will ask you if you want it to write the data, just say yes. After this is done you should be able restart and boot the Windows partition after selecting it from your USB drive's bootloader. -----Getting back OSX and the bootloader...----------------------------------------- So we're able to boot in to all 3 OS's but only by utilizing the usb drive's bootloader to detect them! Here's how you fix that... The windows partition is marked as the active partition, you have to change that. I booted the installer in to command line mode/single user mode with -s which dropped me at a root shell, but you should be able to do this from gparted, Linux, or any number of ways and this step may not be necessary. From a *nix command prompt type the following: fdisk -e /dev/rdisk0 p f 1 w This should set the OSX partition as the active one. If you are still having issues booting the you may need to boot in to OSX via your USB drive and then run the multibeast installer again. I think this should actually set the partition as active so you may be able to skip the above step but it doesn't hurt to try everything and see what you can get working. At the end of the day you be able to press your "any key" when the OSX bootloader pops up and be able to choose whichever partition/OS you want to boot from. When you choose Linux however, it boots grub and then give you the option once again to choose a partition to boot from lol. You can probably alter this so that you are using just one bootloader but it's nice to see both of them working in my opinion. This will also allow you to make note of what grub.conf has regarding the necessary options for booting the other OS's; which is good notes to have on hand. -----Links, References, and Respect----------------------------------------------------- Shout out's to all of the many who have traveled this path before me, and especially those who have been willing to document their trials and information. I'm just listing some of the main sites more than their links because I used 3-4 links on each of the main sites. For those looking to build the bootable flash drive: http://howtohackintosh.wordpress.com/guides/snowleopardusbflashdriveins t... For those looking specifically for the asus g series laptops: (if some of the info looks the same it's because i recently posted on there under another username) http://www.insanelymac.com/forum/index.php?showtopic=195922&st=100 For those that actually forked out the money for mac and want to dual/triple boot see rEFIt: http://wiki.onmac.net/index.php/Triple_Boot_via_BootCamp#Booting_your_m a... Reference: http://tonymacx86.com/ http://www.osx86.net/ http://www.insanelymac.com/ http://lifehacker.com/5841604/the-always-up+to+date-guide-to-building-a -... http://lifehacker.com/5698205/how-to-triple-boot-your-hackintosh-with-w i... http://wiki.osx86project.org/wiki/index.php/Main_Page http://www.hackintosh.com/ Bookmark/Search this post with * Digg * Facebook * Google * MySpace * StumbleUpon * Technorati * Twitter * Yahoo * Login or register to post comments Copyright © 1997-2013 SOLDIERX.COM. All content on this site falls under our Usage Policy. If you do not agree to it, your only lawful option is to discontinue use immediately. Login | Register | FAQ Anonymous * Home * Tutorials * Forums * About ____________________ Search Home » Tutorials » CSS » Lesson 4: Fonts Lesson 4: Fonts In this lesson you will learn about fonts and how they are applied using CSS. We will also look at how to work around the issue that specific fonts chosen for a website can only be seen if the font is installed on the PC used to access the website. The following CSS properties will be described: * font-family * font-style * font-variant * font-weight * font-size * font Font family [font-family] The property font-family is used to set a prioritized list of fonts to be used to display a given element or web page. If the first font on the list is not installed on the computer used to access the site, the next font on the list will be tried until a suitable font is found. There are two types of names used to categorize fonts: family-names and generic families. The two terms are explained below. Family-name Examples of a family-name (often known as "font") can e.g. be "Arial", "Times New Roman" or "Tahoma". Generic family Generic families can best be described as groups of family-names with uniformed appearances. An example is sans-serif, which is a collection of fonts without "feet". The difference can also be illustrated like this: Three examples of generic families and some of their family members When you list fonts for your web site, you naturally start with the most preferred font followed by some alternative fonts. It is recommended to complete the list with a generic font family. That way at least the page will be shown using a font of the same family if none of the specified fonts are available. An example of a prioritized list of fonts could look like this: h1 {font-family: arial, verdana, sans-serif;} h2 {font-family: "Times New Roman", serif;} * Show example Headlines marked with

will be displayed using the font "Arial". If this font is not installed on the user's computer, "Verdana" will be used instead. If both these fonts are unavailable, a font from the sans-serif family will be used to show the headlines. Notice how the font name "Times New Roman" contains spaces and therefore is listed using quotation marks. Font style [font-style] The property font-style defines the chosen font either in normal, italic or oblique. In the example below, all headlines marked with

will be shown in italics. h1 {font-family: arial, verdana, sans-serif;} h2 {font-family: "Times New Roman", serif; font-style: italic;} * Show example Font variant [font-variant] The property font-variant is used to choose between normal or small-caps variants of a font. A small-caps font is a font that uses smaller sized capitalized letters (upper case) instead of lower case letters. Confused? Take a look at these examples: Four examples of fonts in small caps If font-variant is set to small-caps and no small-caps font is available the browser will most likely show the text in uppercase instead. h1 {font-variant: small-caps;} h2 {font-variant: normal;} * Show example Font weight [font-weight] The property font-weight describes how bold or "heavy" a font should be presented. A font can either be normal or bold. Some browsers even support the use of numbers between 100-900 (in hundreds) to describe the weight of a font. p {font-family: arial, verdana, sans-serif;} td {font-family: arial, verdana, sans-serif; font-weight: bold;} * Show example Font size [font-size] The size of a font is set by the property font-size. There are many different units (e.g. pixels and percentages) to choose from to describe font sizes. In this tutorial we will focus on the most common and appropriate units. Examples include: h1 {font-size: 30px;} h2 {font-size: 12pt;} h3 {font-size: 120%;} p {font-size: 1em;} * Show example There is one key difference between the four units above. The units 'px' and 'pt' make the font size absolute, while '%' and 'em' allow the user to adjust the font size as he/she see fit. Many users are disabled, elderly or simply suffer from poor vision or a monitor of bad quality. To make your website accessible for everybody, you should use adjustable units such as '%' or 'em'. Below you can see an illustration of how to adjust the text size in Mozilla Firefox and Internet Explorer. Try it yourself - neat feature, don't you think? Compiling [font] Using the font short hand property it is possible to cover all the different font properties in one single property. For example, imagine these four lines of code used to describe font-properties for

: p { font-style: italic; font-weight: bold; font-size: 30px; font-family: arial, sans-serif; } Using the short hand property, the code can be simplified: p { font: italic bold 30px arial, sans-serif; } The order of values for font is: font-style | font-variant | font-weight | font-size | font-family Summary You have now learned about some of the possibilities related to fonts. Remember that one of the major advantages of using CSS to specify fonts is that at any given time, you can change font on an entire website in just a few minutes. CSS saves time and makes your life easier. In the next lesson we will look at text. __________________________________________________________________ Related topics in the CSS Forum Replies Views Font issues 3 1364 Wrapping text around images not working 3 2769 wrap text around div 1 2347 My text color changed when clicked on in browser 2 2202 Brand New to code, font color not working 1 2321 + Post a new topic __________________________________________________________________ << Lesson 3: Colors and backgrounds Lesson 5: Text >> Tutorials * HTML Tutorial * CSS Tutorial + Introduction + What is CSS? + How does CSS work? + Colors and backgrounds + Fonts + Text + Links + Identification and grouping of elements (class and id) + Grouping of elements (span and div) + The box model + Margin and padding + Borders + Height and width + Floating elements (floats) + Positioning of elements + Layer on layer with z-index (Layers) + Web-standards and validation * PHP Tutorial * ASP Tutorial * JavaScript Tutorial Language [English___________] >> Layout [Default_______] >> __________________________________________________________________ Who is online: In total there are 336 users online :: 4 registered, 0 hidden and 332 guests Most users ever online was 819 on Mon Oct 15, 2012 9:42 am Registered users: Exabot [Bot], Google [Bot], Google Adsense [Bot], Google Feedfetcher Statistics: Total posts 9987 - Total topics 4189 Total members 10321 - Our newest member stumpht View complete list of members Language: العربية | Deutsch | English | Español | Français | עברית | Italiano | Polski | Portgués (Brasil) | Русский | 中文 | * Home * Articles * Tutorials * Profile * Login / Sign Up [linux-org-logo.png] Search * (*) Articles * ( ) Tutorials * ( ) Entire Site ____________________ Go [peek.png] * Home * Articles * Tutorials * Profile * Login / Sign Up [comment-arrow.png] # __________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ [BUTTON Input] (not implemented)______________ [BUTTON Input] (not implemented)______ Comment goes here You should log in and post some comments! The link is up there in the toolbar. Go nuts! Programming with bash System Administration Linux and Subversion Programming with BASH Thought it might sound like it, BASH isn't one of those captions that pop up (along with Ooff! and Biff!) when Batman and Robin are fighting the bad guys on the old 60's TV show. BASH actually stands for Bourne Again Shell. The reason for the name goes back to Steve Bourne who wrote the original Bourne Shell for Unix. When the GNU created a Free Software equivalent, they named it after Steve's shell and added a little pun on his last name. If you're a system administrator, making BASH scripts is going to be one of those mandatory things. But far from being a chore, you'll learn that it's going to make your work and your life a whole lot easier. Our First BASH Script The first thing that a BASH script needs is the proverbial 'shebang'. These are two characters: #! Following this, you should include the path to the BASH interpreter. So the first line of your script should look like this: #!/bin/bash If your default shell is BASH, the line: #!/bin/sh does the same thing. It's just a symbolic link to /bin/bash. But if your default shell isn't BASH, you won't be invoking /bin/bash if your write a shell script with that first line. Since on Linux systems, BASH is normally the default shell, you'll see most BASH scripts start with #!/bin/sh From there on, you're free to do what the shell allows. Shell scripts created for administration purposes (which are the majority of scripts) are made up of lines that invoke other commands. Let's look at a simple example. Let's say you have email users on your system but you don't have a quota in place. Still, you want to monitor the sizes of the mailboxes to make sure that people aren't taking up more space than they should. This script, run from crontab, would do the trick nicely: Except for the shebang, comment lines start with # #!/bin/sh # show us the size of email spools email spools # date in YYYY-MM-DD format today=`date +%Y-%m-%0e`; # subject and recipient variables subject="Mailcheck"; sendto="admin@linux.ork"; cd /var/spool/mail ls -lSh | awk '{print $5, $9}' | grep "(G|M)" | mail -s $subject-$today $sendto # end script First off, you'll see that we've declared some variables. These variables are not prefixed by any characters when declared but they are prefixed by the dollar sign ($) when used. You've also noticed that variables can be other commands, as in this example with the date command. When you use a command as a variable, it must be put inside backticks (` `). First, the script changes to the directory where the mail spools are located. The the scripts performs an 'ls' with options and presents a list where the biggest spools are displayed first with their size in human readable format. This is piped to awk, which sorts out the size and the user name. The awk output is grepped for those spools which are in the Megabytes and Gigabytes. This is then piped to the 'mail' command and sent to the admin account with the subject plus the date we declared in those variables. The admin will then have a nice sorted list of who is using the most space in /var/spool/mail. Built in Variables Though we created our own variables in the previous example, BASH also comes with what are known as built invariables. Here is an example of a script with frequently used built in variables. #!/bin/sh echo "You are user $UID on $HOSTNAME" echo "Your home directory is: $HOME" echo "$HOSTNAME is running $OSTYPE" The output of this script should yield something similar to this: You are user 500 on penguin.linux.ork Your home directory is: /home/mike penguin.linux.ork is running linux-gnu As you can see, we didn't have to previously declare any of these. That's why they're known as built-in variables. Their use will save you a lot of time in writing your scripts. You can find a complete list of built-in variables in theGNU BASH Reference Manual Interactive Scripts Though we mentioned that the main use of BASH scripts is for automating administrative tasks, there may be times when you need users to interact with scripts. If you want a user to input information, you need to use the variableread. Let's take a look at the following example: #!/bin/sh echo -n "Enter the name of a city: " read CITY echo -n "$CITY is " case $CITY in London | Paris | Berlin | Rome) echo -n "in Europe";; 'New York' | Chicago | Washington) echo -n "in The USA";; Tokyo | Bejing | Bangalore) echo -n "in Asia";; *) echo -n "some place - but I don't know where";; esac As you can see, we've declared a variable that's going to depend on what the user types in when he/she is prompted for the name of a city. After, we have several options for each case. If the user types in the name of a city we've contemplated here, he/she will be given a message as to where the city is. If not, the script will display a message that it doesn't know where the city is. Any answer is represented by the asterisk (*) Making Sure You Have What You Need If you have to manipulate the contents of a file, it's a good idea to check if this file exists first. Here is a simple BASH routine to do this using the if command: #!/bin/sh if test -f /var/log/mail.log; then printf "The file existsn"; fi This is a good idea, as it would render your script useless if you had it set to manipulate a file that didn't exist. If Loops: A Practical Example I was a full-time English as a foreign language teacher for 12 years, so I can't resist giving you this example of a multiple-choice test using a BASH script. #!/bin/sh PS3="Choose the number of the correct word to fill in the blank: " echo "The emergency brake let go and car rolled ______ the hill" select SENT1 in up down along beside do if [ "$SENT1" == "" ]; then echo -e "You need to enter somethingn" continue elif [ "$SENT1" != down ]; then echo -e "Sorry. Incorrectn" echo "1. Incorrect" >> eoiexam.dat elif [ "$SENT1" == down ]; then echo -e "Great!n" echo "No. 1 - Correct" >> eoiexam.dat break fi done The script makes use of the 'elif' routine to sort out answers that aren't correct. You will also notice that it writes the results, whether correct or not, to a file. If you're in the teaching profession, you could expand on this to give your students a quick quiz. System Administration Linux and Subversion Article Details Author: Linux.org Admin Publish Date: 05/03/2012 Last Updated: 05/04/2012 Categories: Advanced Level Course * System Administration 1. tcpdump 2. Providing Services Under Linux 3. System Administration * Programming 1. Programming with bash 2. Linux and Subversion 3. Linux and CVS 4. Programming in Linux * Security 1. Checking for damage with rootkit hunter 2. OpenSSH 3. Setting up snort 4. Firewalls 5. Basic Security 6. Keeping Your Linux System Secure An Insecure World * Home * Articles * Tutorials * Linux News * Linux Jobs * Linux News * Linux Forum * Webmaster Forum * Contact * Sitemap * Advertising * Corporate Sponsors * Linux.org Facebook Page * Linux.org Twitter Page * Linux.org Google Plus Page * Linux.org RSS Feed Copyright © 2013 Linux.org | All Rights Reserved Content by IQnection.com | Hosting by LinuxPowerHosting.com * Home * Articles * Tutorials * Profile * Login / Sign Up [linux-org-logo.png] Search * (*) Articles * ( ) Tutorials * ( ) Entire Site ____________________ Go [peek.png] * Home * Articles * Tutorials * Profile * Login / Sign Up [comment-arrow.png] # __________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ [BUTTON Input] (not implemented)______________ [BUTTON Input] (not implemented)______ Comment goes here You should log in and post some comments! The link is up there in the toolbar. Go nuts! Programming in Linux Linux and CVS Checking for damage with rootkit hunter Tools for Programming At the risk of starting a flame war with Vi lovers, I'm an unconditional Emacs fan. For me, Emacs is the ideal editor for doing any kind of programming work. There are several add-ons for Emacs that will make your life much easier. One of them is Espen Skoglund's auto-header.el. This will create a header for your code files which Emacs will automatically populate with necessary information. It will also update the header each time you make changes. It's something that comes in really handy for me. I have a subdirectory in my home directory for emacs odds and ends. I just placed auto-header.el in this directory and then modified my .emacs file like so: (add-to-list 'load-path "~/elisp/") (require 'auto-header) There is a section of the auto-header.el file that defines the characters that are used for commented areas for different programming languages. The headers for the file need to be inside a commented region at the beginning of your source code file. The file includes 20 different programming languages, but PHP, which I use a lot, is missing. So I just added an entry for it between Perl and Postscript: (perl-mode . ("#" "" "##" "#")) (php-mode . ("/*" "*/" " *" "*")) (postscript-mode . ("%" "" "%%" "%")) Now, my files begin with a nice, auto-updating header that looks like this: /********************************************************************* * Filename: listing.php * Description: Script to list stuff * Author: Michael Jordan * Created at: Tue Nov 29 20:13:14 2005 * Modified by: Michael Jordan * Modified at: Tue Nov 29 22:58:56 2005 ********************************************************************/ Actually, you can add more info to this header. Just consult the comments in the auto-header.el file itself for more information on that. Programming Languages and Linux The is a virtual smorgasbord of programming language compilers available for Linux. Just the famous gcc compiler itself will create binaries for code written in, C++, Fortran and ADA as well as interpreting Java code. There are freely available compilers for other popular programming languages like Pascal, COBOL and Lisp. As you can see, there are really too many to go into all of them in any depth. Besides, this writer can't program in the vast majority of them anyway. But in this lesson, we will be looking at some of the most common scripting languages that run under Linux. Programming with BASH Thought it might sound like it, BASH isn't one of those captions that pop up (along with Ooff! and Biff!) when Batman and Robin are fighting the bad guys on the old 60's TV show. BASH actually stands for Bourne Again Shell. The reason for the name goes back to Steve Bourne who wrote the original Bourne Shell for Unix. When the GNU created a Free Software equivalent, they named it after Steve's shell and added a little pun on his last name. If you're a system administrator, making BASH scripts is going to be one of those mandatory things. But far from being a chore, you'll learn that it's going to make your work and your life a whole lot easier. Our First BASH Script The first thing that a BASH script needs is the proverbial 'shebang'. These are two characters: #! Following this, you should include the path to the BASH interpreter. So the first line of your script should look like this: #!/bin/bash If your default shell is BASH, the line: #!/bin/sh does the same thing. It's just a symbolic link to /bin/bash. But if your default shell isn't BASH, you won't be invoking /bin/bash if your write a shell script with that first line. Since on Linux systems, BASH is normally the default shell, you'll see most BASH scripts start with #!/bin/sh From there on, you're free to do what the shell allows. Shell scripts created for administration purposes (which are the majority of scripts) are made up of lines that invoke other commands. Let's look at a simple example. Let's say you have email users on your system but you don't have a quota in place. Still, you want to monitor the sizes of the mailboxes to make sure that people aren't taking up more space than they should. This script, run from crontab, would do the trick nicely: Except for the shebang, comment lines start with # #!/bin/sh # show us the size of email spools email spools # date in YYYY-MM-DD format today=`date +%Y-%m-%0e`; # subject and recipient variables subject="Mailcheck"; sendto="admin@linux.ork"; cd /var/spool/mail ls -lSh | awk '{print $5, $9}' | grep "(G|M)" | mail -s $subject-$today $sendto # end script First off, you'll see that we've declared some variables. These variables are not prefixed by any characters when declared but they are prefixed by the dollar sign ($) when used. You've also noticed that variables can be other commands, as in this example with the date command. When you use a command as a variable, it must be put inside backticks (` `). First, the script changes to the directory where the mail spools are located. The the scripts performs an 'ls' with options and presents a list where the biggest spools are displayed first with their size in human readable format. This is piped to awk, which sorts out the size and the user name. The awk output is grepped for those spools which are in the Megabytes and Gigabytes. This is then piped to the 'mail' command and sent to the admin account with the subject plus the date we declared in those variables. The admin will then have a nice sorted list of who is using the most space in /var/spool/mail. Built in Variables Though we created our own variables in the previous example, BASH also comes with what are known as built invariables. Here is an example of a script with frequently used built in variables. #!/bin/sh echo "You are user $UID on $HOSTNAME" echo "Your home directory is: $HOME" echo "$HOSTNAME is running $OSTYPE" The output of this script should yield something similar to this: You are user 500 on penguin.linux.ork Your home directory is: /home/mike penguin.linux.ork is running linux-gnu As you can see, we didn't have to previously declare any of these. That's why they're known as built-in variables. Their use will save you a lot of time in writing your scripts. You can find a complete list of built-in variables in theGNU BASH Reference Manual Interactive Scripts Though we mentioned that the main use of BASH scripts is for automating administrative tasks, there may be times when you need users to interact with scripts. If you want a user to input information, you need to use the variableread. Let's take a look at the following example: #!/bin/sh echo -n "Enter the name of a city: " read CITY echo -n "$CITY is " case $CITY in London | Paris | Berlin | Rome) echo -n "in Europe";; 'New York' | Chicago | Washington) echo -n "in The USA";; Tokyo | Bejing | Bangalore) echo -n "in Asia";; *) echo -n "some place - but I don't know where";; esac As you can see, we've declared a variable that's going to depend on what the user types in when he/she is prompted for the name of a city. After, we have several options for each case. If the user types in the name of a city we've contemplated here, he/she will be given a message as to where the city is. If not, the script will display a message that it doesn't know where the city is. Any answer is represented by the asterisk (*) Making Sure You Have What You Need If you have to manipulate the contents of a file, it's a good idea to check if this file exists first. Here is a simple BASH routine to do this using the if command: #!/bin/sh if test -f /var/log/mail.log; then printf "The file existsn"; fi This is a good idea, as it would render your script useless if you had it set to manipulate a file that didn't exist. If Loops: A Practical Example I was a full-time English as a foreign language teacher for 12 years, so I can't resist giving you this example of a multiple-choice test using a BASH script. #!/bin/sh PS3="Choose the number of the correct word to fill in the blank: " echo "The emergency brake let go and car rolled ______ the hill" select SENT1 in up down along beside do if [ "$SENT1" == "" ]; then echo -e "You need to enter somethingn" continue elif [ "$SENT1" != down ]; then echo -e "Sorry. Incorrectn" echo "1. Incorrect" >> eoiexam.dat elif [ "$SENT1" == down ]; then echo -e "Great!n" echo "No. 1 - Correct" >> eoiexam.dat break fi done The script makes use of the 'elif' routine to sort out answers that aren't correct. You will also notice that it writes the results, whether correct or not, to a file. If you're in the teaching profession, you could expand on this to give your students a quick quiz. Linux and CVS Checking for damage with rootkit hunter Article Details Author: Linux.org Admin Publish Date: 05/03/2012 Last Updated: 05/04/2012 Categories: Basics, Linux Other Advanced Level Course * System Administration 1. tcpdump 2. Providing Services Under Linux 3. System Administration * Programming 1. Programming with bash 2. Linux and Subversion 3. Linux and CVS 4. Programming in Linux * Security 1. Checking for damage with rootkit hunter 2. OpenSSH 3. Setting up snort 4. Firewalls 5. Basic Security 6. Keeping Your Linux System Secure An Insecure World * Home * Articles * Tutorials * Linux News * Linux Jobs * Linux News * Linux Forum * Webmaster Forum * Contact * Sitemap * Advertising * Corporate Sponsors * Linux.org Facebook Page * Linux.org Twitter Page * Linux.org Google Plus Page * Linux.org RSS Feed Copyright © 2013 Linux.org | All Rights Reserved Content by IQnection.com | Hosting by LinuxPowerHosting.com UNIX Tutorial Two 2.1 Copying Files cp (copy) cp file1 file2 is the command which makes a copy of file1 in the current working directory and calls it file2 What we are going to do now, is to take a file stored in an open access area of the file system, and use the cp command to copy it to your unixstuff directory. First, cd to your unixstuff directory. % cd ~/unixstuff Then at the UNIX prompt, type, % cp /vol/examples/tutorial/science.txt . Note: Don't forget the dot . at the end. Remember, in UNIX, the dot means the current directory. The above command means copy the file science.txt to the current directory, keeping the name the same. (Note: The directory /vol/examples/tutorial/ is an area to which everyone in the school has read and copy access. If you are from outside the University, you can grab a copy of the file here. Use 'File/Save As..' from the menu bar to save it into your unixstuff directory.) Exercise 2a Create a backup of your science.txt file by copying it to a file called science.bak 2.2 Moving files mv (move) mv file1 file2 moves (or renames) file1 to file2 To move a file from one place to another, use the mv command. This has the effect of moving rather than copying the file, so you end up with only one file rather than two. It can also be used to rename a file, by moving the file to the same directory, but giving it a different name. We are now going to move the file science.bak to your backup directory. First, change directories to your unixstuff directory (can you remember how?). Then, inside the unixstuff directory, type % mv science.bak backups/. Type ls and ls backups to see if it has worked. 2.3 Removing files and directories rm (remove), rmdir (remove directory) To delete (remove) a file, use the rm command. As an example, we are going to create a copy of the science.txt file then delete it. Inside your unixstuff directory, type % cp science.txt tempfile.txt % ls % rm tempfile.txt % ls You can use the rmdir command to remove a directory (make sure it is empty first). Try to remove the backups directory. You will not be able to since UNIX will not let you remove a non-empty directory. Exercise 2b Create a directory called tempstuff using mkdir , then remove it using the rmdir command. 2.4 Displaying the contents of a file on the screen clear (clear screen) Before you start the next section, you may like to clear the terminal window of the previous commands so the output of the following commands can be clearly understood. At the prompt, type % clear This will clear all text and leave you with the % prompt at the top of the window. cat (concatenate) The command cat can be used to display the contents of a file on the screen. Type: % cat science.txt As you can see, the file is longer than than the size of the window, so it scrolls past making it unreadable. less The command less writes the contents of a file onto the screen a page at a time. Type % less science.txt Press the [space-bar] if you want to see another page, and type [q] if you want to quit reading. As you can see, less is used in preference to cat for long files. head The head command writes the first ten lines of a file to the screen. First clear the screen then type % head science.txt Then type % head -5 science.txt What difference did the -5 do to the head command? tail The tail command writes the last ten lines of a file to the screen. Clear the screen and type % tail science.txt Q. How can you view the last 15 lines of the file? 2.5 Searching the contents of a file Simple searching using less Using less, you can search though a text file for a keyword (pattern). For example, to search through science.txt for the word 'science', type % less science.txt then, still in less, type a forward slash [/] followed by the word to search /science As you can see, less finds and highlights the keyword. Type [n] to search for the next occurrence of the word. grep (don't ask why it is called grep) grep is one of many standard UNIX utilities. It searches files for specified words or patterns. First clear the screen, then type % grep science science.txt As you can see, grep has printed out each line containg the word science. Or has it ???? Try typing % grep Science science.txt The grep command is case sensitive; it distinguishes between Science and science. To ignore upper/lower case distinctions, use the -i option, i.e. type % grep -i science science.txt To search for a phrase or pattern, you must enclose it in single quotes (the apostrophe symbol). For example to search for spinning top, type % grep -i 'spinning top' science.txt Some of the other options of grep are: -v display those lines that do NOT match -n precede each matching line with the line number -c print only the total count of matched lines Try some of them and see the different results. Don't forget, you can use more than one option at a time. For example, the number of lines without the words science or Science is % grep -ivc science science.txt wc (word count) A handy little utility is the wc command, short for word count. To do a word count on science.txt, type % wc -w science.txt To find out how many lines the file has, type % wc -l science.txt Summary Command Meaning cp file1 file2 copy file1 and call it file2 mv file1 file2 move or rename file1 to file2 rm file remove a file rmdir directory remove a directory cat file display a file less file display a file a page at a time head file display the first few lines of a file tail file display the last few lines of a file grep 'keyword' file search a file for keywords wc file count number of lines/words/characters in file Previous Home Next M.Stonebank@surrey.ac.uk, © 9th October 2000 400 Bad request Your browser sent an invalid request. 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There are a few elements every PERL script must contain in order to function. Open up your favorite simple text editor, the file extension for PERL scripts is .pl. Save your files with this extension. Advertise on Tizag.com The first line of every PERL script is a commented line directed toward the PERL interpreter. This line is generally the same from one instal of PERL to the next, it might look something like this if you were running it on linux: firstscript-linux.pl: #!/usr/bin/perl And on a windows operating system it may resemble: firstscript-windows.pl: #!D:\Perl\bin\perl In this tutorial we will assume you are running on a linux server (the most common web server), but if you are on windows make sure you use the correct path! The comment points to the installation path of Perl, usually /usr/bin/perl. You can locate the directory tree to Perl somewhere in the documentation of your web server, or email your web host and they can specify your Perl installation directory. 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Microsoft Office Tutorials Artist Tutorials __________________________________________________________________ 2003-2008 Erack Network | Copyright | Privacy Policy | Advertising Information Site design by Seattle Web Design #Vectips RSS Feed Vectips » Create a Grimy Text Treatment with a Pen Tablet Comments Feed Vectips Shiny Buttons Without Blends or Transparencies in Illustrator Illustrator CS5 New Features Weekly Vector Inspiration #66 * Home * About * Resources * Contact * Shop Vectips Illustrator® tips, tricks, and tutorials * Tutorials * Tips and Tricks * Interviews * Inspiration Create a Grimy Text Treatment with a Pen Tablet Tutorials | April 15th, 2010 Grimy Text Illustrator Tutorial In this tutorial I will show you how to create a grimy text treatment utilizing Illustrator’s Blog brush, Live Paint, and a pen tablet. You can easily apply these techniques to other illustrates, type treatments and logos. Final Image Below is the final type treatment we be working towards. Final Illustrator tutorial image Tutorial Details * Program : Adobe Illustrator CS4 (This tutorial uses the Blob Brush, a tool specific to CS4. If you have an earlier version of Illustrator, refer to the Alternate Tutorial Methods step at the end of this post.) * Hardware Needed: Pen Tablet (I used a Wacom Intous4 for the tutorial. If you don’t have a pen tablet, refer to the Alternate Tutorial Methods step at the end of the tutorial for other methods for creating the tutorial.) * Difficulty: Intermediate * Topics Covered: Blob Brush, Live Paint * Estimated Completion Time: 1.5 hour – 2 hours Step 1 Create a new document and type out some text with the Text tool (T). Change the fill of the text to a light gray. Step 1 Step 2 In the Layers panel, rename your layer to “Template” by double-clicking on the layer and changing the name in the Layer Options dialog. Next, lock the layer. Create a new layer by pressing the Create New Layer button from the Layers panel and rename this layer to “Artwork”. Step 2 Step 3 For drawing the outlines and contours of the treatment, we are going to use the Blob Brush(Shift + B) and a pen tablet. First, you need to set up the Blob Brush (Shift + B) to use the pressure sensitivity of the tablet. To do this, double-click on the Blob Brush (Shift + B) in the Tools Panel. In the Blob Brush Tool Options, you really only have to change: the Fidelity to 1, Smoothness to 0, Size to 2, select Pressure from the size drop-down menu, and change the Variation to 2. Now with these settings, the Blob Brush will utilize the pen tablet’s pressure sensitivity. Moreover, adjusting the Fidelity and Smoothness creates a brush stroke with a hand-drawn feel. Step 3 Step 4 Zoom in really close to you first letter and start tracing it with the Blob Brush (Shift + B). When tracing, vary the pressure on your pen tablet to get a hand-drawn type of stroke. Also, use multiple brush strokes in your trace, don’t just trace the whole letter with one brush stroke. I also like to start each brush stroke very light and end very light, creating tapered lines. Step 4 Step 5 Once you are done tracing the first letter, create some more Brush strokes within the letter making it more grimy! Step 5 Step 6 Now that we have our brush strokes, we can add some color to the letter. First, select all the letter artwork and select the Live Paint Bucket (K) from the Tools Panel. The Live Paint Bucket (K) converts the artwork to a Live Paint object. Now you can simply hover over the area you want to fill, cycle through your swatches with your arrow keys, and click the areas to fill. Step 6 Step 7 Select your Live Paint object and go Object > Live Paint > Expand. Next, ungroup the object (Command + Shift + G) a couple of times. Step 7 Step 8 Select your main letter color and go Object > Path > Offset. In the Offset Path dialog, change the Offset to -3 px. This value might be larger or smaller depending on the original size of your artwork. Fill the offset with a lighter shade of color from the original. Step 8 Step 9 We are done with the first letter! Now, repeat Steps 4-8 for each letter. It might take some time, but you will start to get quicker once you have done it a couple of times. Step 9 Step 10 Now that we have all the letters, we don’t need the “Template” layer anymore. Simply press the Visibility icon in the Layers panel to hide it. Next, Group (Command + G) each individual letter’s artwork. It makes it easy to modify the letters in the coming steps. Step 10 Step 11 Use the Selection tool (V) to move and rotate each letter. Use the Illustrator’s Arrange functions to bring some of the letters to the front and some to the back by Going Object > Arrange. Step 11 Step 12 To give the treatment a little more depth, we can create some shadows. To start, select the first two letters, Copy (Command + C), and Paste in Front (Command + F). Select the first letter’s copy and press the Unite button from the Pathfinder panel. Select the second letter’s copy and again, press the Untie button from the Pathfinder panel. Select the first letter’s copy and move it down and to the right. Select both copies and press the Intersect button from the Pathfinder panel. Change the fill of the new shape to a light gray, set the Blending Mode to Multiply from the Transparency panel, and Arrange the shape so it is behind the first letter, but in front on the second. Step 12 Step 13 Repeat the previous step for each letter’s shadow. Step 13 Step 14 To make the treatment a little more grimy, use the Blob Brush and create little specs around the text. Use the same Live Paint techniques as discussed before to fill in the speck shapes. That is it, done! Step 14 Final Image Below is the final type treatment again. Try using the Blob brush and pen tablet on other illustrations and type treatments, it’s fun! Final Illustrator tutorial image Alternate Tutorial Methods Calligraphic Brush If you don’t have CS4 but you do have a pen tablet, you can use a Calligraphic brush instead of the Blob Brush (Shift +B) for the outlines of the type treatment. If you have CS3, you can use the Live Paint technique or you can just create shapes of color with the Pen tool (P), Pencil tool (N), or another tool of your choice. To set up a Calligraphic brush with the same settings as the Blob Brush settings in this tutorial, click the New Brush Icon in the Brush panel. When the New Brush dialog opens, choose New Calligraphic Brush. In the Calligraphic Brush Options, change the Angle to 0, the Roundness to 100%, the Diameter to 2 pt, select Pressure from the Size drop-down menu, and change the Variation to 2 pt. Now you can outline the image with the same pressure sensitivity as the Blob Brush. Calligraphic Brush Art Brushes If you don’t have a pen tablet, you can always use an Art brush for the outlines instead of the Blob Brush (Shift +B) . Art brushes are still very versatile, but they will not use you pen tablets pressure sensitivity. Still, you can find a brush that has similar tapered lines. My previous article Create Sketchy-Style Vectors will help in finding and creating Art brushes. Art Brushes These icons link to social bookmarking sites where readers can share and discover new web pages. * Digg * del.icio.us * StumbleUpon * Design Float * Facebook * Mixx * TwitThis Visit the Vectips shop! 45 Responses to “Create a Grimy Text Treatment with a Pen Tablet” 1. InkSketch says: April 15, 2010 at 8:11 am This is great. Thanks for sharing! Though it’s now obvious to me, I didn’t even think to use a pen tablet with illustrator. I’m so focused on using it with ps. thanks for the eye opener. Reply 2. Grafiko says: April 15, 2010 at 8:25 am Great tutorial, thanks for sharing. I will definitely try it later Reply 3. sidney ganho says: April 15, 2010 at 8:43 am Very cool tutorial, really nice. Reply 4. Jack says: April 15, 2010 at 8:59 am This is awesome! Just got a Intuos4 large as a birthday present which is a major upgrade over my little A6 Graphire so this tut is ideal for a little practice. Really like the overall effect and it is a good use of the pen pressure so I’ll be sure to give this a go (and get into the habit of using Illustrator for these kind of things more often). Thanks, Reply 5. Lam Nguyen says: April 15, 2010 at 10:46 am oh oh. Great, the final result is very impressive. Thanks, Rype! Reply 6. Marek Rutkowski says: April 15, 2010 at 1:20 pm Wow! One of the bests tuts! Reply 7. Craig Dueren says: April 15, 2010 at 2:25 pm Cheers Rype great tutorial! I’ll be using this on my future t-shirt and poster designs Reply 8. Nick says: April 16, 2010 at 2:51 am Thanks Ryan – another great tutorial. I really have to stop using the Wacom tablet as just a large wireless mouse pad! Reply 9. Ron says: April 16, 2010 at 7:04 am Great artwork! Great techniques! Reply 10. Theo Hodkin says: April 18, 2010 at 10:29 am Some great techniques in here! Love the end result. Gonna try later. Reply 11. Laurie K says: April 19, 2010 at 7:11 pm This is a great tutorial! I can’t wait until I can get a new Wacom so I can try it out. Reply 12. priandhani says: April 20, 2010 at 3:20 am Great job…!!! Reply 13. Josh W says: April 20, 2010 at 10:32 pm Great tutorial! What font is the type in? Reply + Rype says: April 21, 2010 at 6:10 am It is Museo Sans. Reply 14. Daniel says: April 21, 2010 at 9:28 am Nice tut. But I cant create the shawdows, Pathfinder says the paths dont intersect on the intersect-command. :-( Any hints? Reply 15. Robert says: April 23, 2010 at 6:34 am This one left me with a hungry feeling. It looks like sweet beer battered and fried alphabet chips to me. Reply 16. Rondal says: April 26, 2010 at 6:55 am Great tutorial! I was actually just looking for something similar a week or so ago and could not find a single article or tutorial online. Many thanks for the instruction! Reply 17. Brandon says: April 29, 2010 at 10:42 am Amazing….the shadowing really adds a lot! Reply 18. pratham says: April 30, 2010 at 12:46 am great vector text tutorial.fantastic artwork web designer http://www.scrapsforever.com Reply 19. Vishal Gupta says: April 30, 2010 at 4:08 am Loved the way to use pen tablet. Reply 20. Joe says: May 8, 2010 at 2:24 am One thing extra thing I did to the letters while I was tracing them was when I was done I would use the eraser and would trim some of my strokes. I personally think it helped it quite a bit. Well anyways… great tutorial! Reply 21. kyle says: May 9, 2010 at 7:33 pm Really great tutorial, thanks! I’ve got a pen tablet, but CS3 so I used the calligraphy brush and it worked well. I’m really glad you added that tip. With CS4 (and now CS5) I find some articles which i can’t really relate to because they use features I don’t have. Here’s what I made http://www.kyleism.com/?p=114 Reply 22. soumyajit says: May 12, 2010 at 5:15 am Nice effect . If possible add more stuff like this .Your readers will be helpful .Thnx Reply 23. timbradley says: May 25, 2010 at 8:40 pm Brilliant tutorial – love the look! Reply 24. Arts Stock says: June 25, 2010 at 3:51 am Great tutorial! Reply 25. Koshary says: July 11, 2010 at 11:39 am Helpful tutorial. I’m doing it in my design now. Thanks a lot for sharing. Reply 26. Will creare says: July 16, 2010 at 12:52 am Nice tutorial! i find good art work isn’t easy wen using a tablet but this was really easy to follow. loads of really useful tips. thanks Reply 27. bonsaifoi says: July 28, 2010 at 2:49 am I can’t believe I have been using Ilustrator for 8 years now, and this is the first time I have realised how to use the blob brush! BIG THANKS VECTIPS! Reply 28. Blogger Seo says: July 31, 2010 at 4:00 am thanks for tutorial Reply 29. Antor says: August 22, 2010 at 3:56 pm This one is (like always) really tight!! Reply 30. crusher machine says: September 10, 2010 at 7:16 pm Cheers Rype great tutorial! I’ll be using this on my future t-shirt and poster designs Reply 31. Brett Widmann says: November 30, 2010 at 8:24 am This is a great tutorial and just what I was looking for. Thanks for sharing. Reply 32. krissy says: December 28, 2010 at 12:51 pm To the one having trouble making the shadow, I was having the same problem. After much experimentation I found if I followed the steps but before intersecting, right clicked on the letters and ungrouping allowed it to work. Reply 33. blue vivaldy says: August 25, 2011 at 10:09 pm thank you, good skills fo coloring Reply 34. wim says: June 12, 2012 at 8:10 am whit step 3 i cant shange it to presure pls rply Reply 35. Sergio Arboleda says: July 1, 2012 at 2:02 pm This is my version… http://goo.gl/c4xpD Reply Trackbacks/Pingbacks 1. Mikey Promo Blog » Vector & Pen Tablet Tutorial says: April 24, 2010 at 3:02 am [...] at the finished design how to achieve that result on my own. However… the other day I found this tutorial over at Vectips.com. Vector design is still a field I try to develop and I love the fact that this [...] Reply 2. Best Of Web And Design In April 2010 | Creative Nerds says: April 28, 2010 at 5:02 pm [...] Create a Grimy Text Treatment with a Pen Tablet [...] Reply 3. Creative Bookmarks: Best of April 2010 | Tutorial9 says: May 4, 2010 at 6:01 am [...] You’ll learn how to use graph tools and other techniques that will definitely come in handy.Create a Grimy Text Treatment with a Pen TabletIn this tutorial, on Vectips, you’ll learn how to get grimy and create a text treatment using [...] Reply 4. 60+ Useful Tutorials From Around The Web | designrfix.com says: May 5, 2010 at 7:36 pm [...] Create a Grimy Text Treatment with a Pen Tablet in Illustrator Create a Grimy Text Treatment with a Pen Tablet in Illustrator [...] Reply 5. 21 High Quality Illustrator Tutorials to Follow | Flash, Design, Vector, Photoshop, Adobe Tutorials | GraphicMania.net says: May 7, 2010 at 5:38 am [...] Create a Grimy Text Treatment [...] Reply 6. 30 + Tutorials That Will Teach You Illustrator | Arbenting says: May 9, 2010 at 1:10 am [...] Create a Grimy Text Treatment with a Pen Tablet [...] Reply 7. Best Illustrator Tutorials from 2010 - Noupe Design Blog says: December 21, 2010 at 4:12 am [...] Create a Grimy Text Treatment with a Pen Tablet In this tutorial the artist will show you how to create a grimy text treatment utilizing Illustrator’s Blog brush, Live Paint, and a pen tablet: [...] Reply 8. Ultimate Roundup of Illustrator Tutorials from 2010 | Vectorious.net Blog says: January 4, 2011 at 10:01 am [...] Create a Grimy Text Treatment with a Pen Tablet [...] Reply 9. 50 Excellent Text Effects Tutorials In Adobe Illustrator says: December 20, 2011 at 2:01 pm [...] 29. 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Learn More Connect with Vectips * Twitter * FriendFeed * Flickr * Facebook * Vi.sualize.us Rype Arts Copyright © Rype Arts 2011 #Vectips RSS Feed Vectips » Create A Mouthwatering Chocolate Covered Strawberry Comments Feed Vectips Shiny Buttons Without Blends or Transparencies in Illustrator Weekly Vector Inspiration #56 Weekly Vector Inspiration #57 * Home * About * Resources * Contact * Shop Vectips Illustrator® tips, tricks, and tutorials * Tutorials * Tips and Tricks * Interviews * Inspiration Create A Mouthwatering Chocolate Covered Strawberry Tutorials | February 11th, 2010 It’s almost Valentine’s day and rather than getting your loved one the same old cheap gifts you get every year, why not create a chocolate covered strawberry illustration for them? You can easily apply this illustration to your own greeting card, t-shirt, or anything else you can think of. Moreover, you can apply this tutorial to other illustrations and logos. Final Image Below is the final image we will working towards. Tutorial Detail * Program: Adobe Illustrator CS4 * Difficulty: Intermediate * Topics Covered: Ellipse tool, Pencil tool, Pathfinder panel, Gradient panel, Custom Art Brush * Estimated Completion Time: 20-30 minutes Step 1 Create a new document and create an ellipse with the Ellipse tool (L). Step 2 With the Direct Selection tool (A), grab the bottom anchor point, hold down the Shift key (to constrain the movements), and drag it down about one quarter of the original size of the ellipse. Step 3 With the Direct Selection tool (A), grab the top anchor point, hold down the Shift key, and drag it down about one eight the original size of the ellipse. Step 4 Fill the new shape with a radial gradient from the Gradient panel. Change the first color stop in the gradient to red and the second color stop to a darker red. Step 5 With the Gradient tool (G) adjust the radial gradient so the lightest part of the gradient is at the top of the shape. Step 6 Create a small elongated ellipse toward to top center of the berry shape. Fill the ellipse with a linear gradient with the first color stop a light orange and the second color stop orange. Adjust the gradient with the Gradient tool (G) so the lightest part of the gradient is at the top of the ellipse. Step 7 With the small ellipse selected, go Object > Path > Offset. Once the Offset dialog is open, change the Offset to 4 px. This measurement might be different depending on the dimensions of you artwork. Step 8 Fill the offset ellipse with a linear gradient with the same reds as the main berry shape. Adjust the gradient so the darker part of the gradient is at the top of the shape. Step 9 Select both shapes, Copy (Command + C), and Paste in Front (Command + F). With the copy still selected, move it above and to the left of the original ellipse shapes. Step 10 Repeat the previous steps placing copies of the small ellipses around the berry shape. When you are placing shapes close to the edge, rotate them with the Selection tool (V) to follow the curvature of the berry. Step 11 For this next step we are going to use the Pencil tool (N) because it is a quick way to draw paths. Before we start drawing with the Pencil tool (N), it is a good idea to set some tool preferences so we can get a smooth line while drawing. First, double-click on the Pencil tool (N) in the Tools panel to bring up the Pencil Tool Options. The option that we are most concerned about is the Fidelity. I like to set mine at 5 pixels to ensure a smooth line. You can always play around with these settings if you don’t like the line path quality in the next step. Step 12 Now that our Pencil tool (N) is set. start drawing a shape around four or five of the smaller ellipses. Hold down the Alt / Option key when you are almost done to connect the beginning and end points. With the new shape selected, go Object > Arrange > Send Backward (Command + ]) until the shape is behind all the small ellipses. Step 13 Select all the small red-gradient ellipses encompassed by the pencil shape, go Object > Path > Offset, and change the Offset to 10 px. Step 14 With the new offset ellipses still selected, hold shift, and select the pencil shape. From the pathfinder panel hold down Alt / Option and press the Minus Front button. Next, change the fill of the new shape to a light red color. Step 15 With the Pencil tool (N) draw a organic shape encompassing the bottom half of the berry. Step 16 Fill the new shape with a linear gradient. For this gradient we need to add an extra color stop. To do this, simply click on the middle of the Gradient Slider in the Gradient panel. Change the first color stop to light brown, the second to a dark brown, and the third to your first light brown. Next, select the middle color stop and change the Location to 70 in the Gradient panel. Step 17 Select the chocolate shape and Copy (Command + C) and Paste in Front (Command + F). Do this one more time so you have three total shapes. Select the top copy and move it down and to the left slightly. Next, select the moved copy and the one underneath it and press the Minus Front button from the Pathfinder panel. Change the color of the new shape to a dark brown color. Step 18 With the Pencil tool (N) draw a new highlight shape towards the bottom of the main chocolate shape. Fill the new shape with a linear gradient and make both color stops white. Change the opacity of the first color stop to 40 and the second color stop’s opacity to 15 from the Gradient panel. Step 19 Create a couple more highlights around the top left curves of the main chocolate shape. Fill each new shape with the same white gradient as in the previous step. Step 20 Create a couple more chocolate drops with the Pencil tool (N) and apply the same gradients as in the previous couple steps. Step 21 Now we can move onto the leaves and stem of the strawberry. For the leaves we are going to create an custom Art Brush, making it easy and quick to create the leaves. To start, create an ellipse with the Ellipse tool (L). Step 22 With the Direct Selction tool (A) grab the right anchor point of the ellipse and drag it right to about double the original width. With the point still selected, press the Convert to Corner button from the Control panel. Next, fill the shape with a green color. Step 23 Copy (Command + C) and Paste in Front (Command + F) the ellipse shape twice. Select the top copy and move it down and to the left slightly. Select the two top copies and press the Minus Front button from the Pathfinder panel. Next, fill the shape with a light green color. Step 24 Select the main green shape and (Command + C) and Paste in Front (Command + F) twice. With the Selection tool (V), move the top copy up about half way up the original shape and rotate it so the points of the shape touch. Select both top copies, press the Minus Front button, and change the fill to a dark green color. Step 25 Select the main green shape and (Command + C) and Paste in Front (Command + F) twice. With the Selection tool (V) move the shape up and rotate it slightly, select both top copies, press the Minus Front button, and change the fill to a darker green than the previous step. Step 26 Select all the green shapes and drag them into the Brush panel. When the New Brush dialing opens, select the New Art Brush radial button. In the Art Brush Options keep all the default settings. Step 27 Use the Brush tool (B) with the new art brush and draw a leaf on the top of the strawberry. You might have to change the stroke of the path if the shape is too big or doesn’t look correct. When creating these brush strokes, make sure the darker part of the brush is facing down and the pointy part of the brush is facing away from the berry shape. If this is not how it looks after creating the path, press the Stroke Options button at the bottom of the Brush panel. When the Stroke Options dialog opens, you can select the Flip Along or Flip Across options until you get the desired arrangement. Step 28 Create five to six more brush stroke with the Brush tool (B) and custom brush. Step 29 Select all the brush strokes, Copy (Command + C) and Paste in Back (Command + B). With the copies still selected, go Object > Expand Apperance. With the expanded brushes still selected, press the Unite button from the Pathfinder panel. Next, move the new shape down slightly. Step 30 Select the main berry shape, Copy (Command + C), and Paste in Front (Command + F). Select the copied berry body shape and combined leaf shapes and press the Intersect button from the Pathfinder panel. Change the fill of the new shape to a grey color and set the Blending Mode to Multiply from the Transparency panel. Step 31 Use the Pen tool (P) to create a stem shape for the strawberry. Fill the shape with a linear gradient with the first color stop green and the second a darker green. With the stem selected, go Object > Arrange > Send Backward (Command + ]) until the bottom part of the stem is hidden from the top leaves. All done! Final Image Below is the final image again. These icons link to social bookmarking sites where readers can share and discover new web pages. * Digg * del.icio.us * StumbleUpon * Design Float * Facebook * Mixx * TwitThis Visit the Vectips shop! 78 Responses to “Create A Mouthwatering Chocolate Covered Strawberry” 1. IVAN says: February 11, 2010 at 7:29 am like it ;) ♥ Reply 2. Andrea Austoni says: February 11, 2010 at 8:11 am This looks great, especially when scaled down! Good work, thanks Reply 3. Eddie says: February 11, 2010 at 8:13 am Rype, you always seem to amaze me with your detailed tutorials. Thank you. Reply 4. Grafiko says: February 11, 2010 at 8:30 am Very nice! Outcome looks very cool. Thanks Reply 5. Neil says: February 11, 2010 at 9:34 am Very nice and cute example of small scale vectors. i might have to have a play and take this with other dippable items! Reply 6. Theo Hodkin says: February 11, 2010 at 9:58 am That’s brilliant! Sooo good, the final result is brilliant… and great style too! Thanks Ryan! Reply 7. Richie says: February 11, 2010 at 10:08 am Ummmm… Slurp. Looks delicious. Thanks a lot for the tutorial. It is really simple and easy to follow. I have fallen in love with Illustrator after seeing so many of your tutorials. They Rock :) Reply 8. hawken king says: February 11, 2010 at 8:51 pm some nice tips there, shame the final illustration looks a little rushed. Reply 9. Kevin says: February 12, 2010 at 4:55 am Fun tutorial, great explanation i am going to try this some time just for the tips that are in this Reply 10. Anne H. says: February 15, 2010 at 12:57 pm Really nice and fun tutorial. Thank you! Reply 11. yaku says: February 15, 2010 at 4:02 pm Great tutorial. Anyway i cant drag them into brush panel. Illustrator says that “the selected artwork contains an element that cannot be used in an art brush”. I dunno why. I have just 4 objects – paths. Can anyone help please? Thank you Yaku Reply 12. yaku says: February 15, 2010 at 4:05 pm Ha fixed :) You cant make them brush if one of the object is wearing a gradient instead of a solid color. Yay.. Cheers Yaku Reply 13. Vince says: February 16, 2010 at 7:47 am Great tutorial. Very nice to see how one accomplishes the details you created. Thanks for sharing! Reply 14. Lam Nguyen says: February 16, 2010 at 9:03 am Delicious! Love the tutorial with detail guides. Thank you! Reply 15. Krishna says: February 16, 2010 at 9:05 am YUMMY!!!…ohh, and bookmarked! definitely going to try this out!! thanks! :) Reply 16. Reiso says: February 16, 2010 at 12:13 pm Thanks for the great tutorial. Love when I find tutorials (no matter how difficult or simple) that don’t assume the reader is a master at Illustrator. Very easy to follow along. Love all the use of the Pathfinder tool! Reply 17. moon1 says: February 17, 2010 at 1:11 am delicious!! :) Thank for the tutorial! Greetings from Poland Reply 18. Paul says: February 17, 2010 at 2:26 am thats really so cool! i like it very much, shame i missed it for valentines day. but its a really nice tutorial for me to get stuck into illustrator. many thanks! Reply 19. designi1 says: February 17, 2010 at 4:17 am So dam tasty :D Great job here… i must be hungry ;:D Reply 20. PsdDude says: February 23, 2010 at 3:23 am I looks delicious ! I like the chocolate effect …Thanks for the tutorial :) Reply 21. vectorilla says: February 23, 2010 at 5:18 am nice tutorial thanks Reply 22. Web & Graphic Designer says: February 23, 2010 at 7:00 pm I’ve never really actually considered Illustrator until now, I’m more of a photoshop guy. Reply 23. tuliptree says: February 23, 2010 at 9:55 pm I thought I was a dummy at computers but I just finished this tutorial! Thanks for making this tutorial so easy to follow…! I love it! :D Reply 24. Janella says: February 26, 2010 at 3:56 pm This is a wonderful tutorial & so cute! I cannot seem to get the leaves to Minus to Front in Step 25. I’ve been working at it for quite some time & it seems to select the top leaf to fill. Any suggestions? Reply 25. Abid Karim says: March 1, 2010 at 6:14 am Wow..Its luk great…Its too gud. Thanxxx for the tutorial. Reply 26. Alan says: March 5, 2010 at 9:32 pm Awesome maaan! Reply 27. Sam says: March 10, 2010 at 11:41 pm Cool!! I like it!! Reply 28. Designebookcover says: March 13, 2010 at 12:20 pm the bottom part not look as good as the top but it is very nice tutorial and very detailed. Reply 29. Jmarreros says: March 21, 2010 at 11:13 am Very interesting, thanks for sharing Reply 30. Anita says: April 6, 2010 at 6:22 pm That was so fun to do! thanks Reply 31. Ali says: April 27, 2010 at 10:33 am Nicely Done ;) Reply 32. Soumya says: April 28, 2010 at 1:54 am This is beautiful! Thanks a lot for sharing! :) Reply + Key says: August 13, 2011 at 4:48 am thanks bro very nice Reply 33. pratham says: May 26, 2010 at 3:39 am Nice tutorial…………..thanx for sharing http://www.scrapsforever.com Reply 34. Blogger Seo says: July 31, 2010 at 3:58 am thanks for tutorial Reply 35. helmikuu says: September 24, 2010 at 8:23 am WoW! I like it. Very nice tutorial. Reply 36. Website Facility says: October 20, 2010 at 6:30 am This is really good, thank you very much for sharing. Reply 37. ALI SHAHAB says: October 26, 2010 at 10:51 am Sir, you will give me some illustrator works so i am practice illustrator software. Thanking You. Reply 38. Alicia says: December 6, 2010 at 8:55 pm Thanks for another awesome tutorial:) Reply 39. Holly Day says: January 6, 2011 at 5:35 pm Gosh! I have a thing with strawberries and desperately needed a tutorial on how to create a strawberry to illustrate my strawberry pages. Six months later, while looking for a Valentine related tutorial, I find this one! Thank you, thank you, thank you! Reply 40. Joao says: January 9, 2011 at 1:53 pm Hi there, I’m a beginner in AI and I can’t do effect PATHFINDER > MINUS FRONT. I’m using CS5 and doesn’t appear MINUS FRONT in EFFECTS>PAHFINDER, onlu MINUS BACK. Another doubt I have is when I have an object selected and do pathfinder>some effect it pop ups a message: pathfinder effects should usually be applied to groups, layers or types of objects. This may not have any effect on current selection. Can you please help me? Reply 41. Enric says: January 16, 2011 at 10:16 am Thanks for sharing your knowledge. I’m a newbie of Illustrator and I’m learning a lot from your tutorials ;) Reply 42. SammaLamma says: January 29, 2011 at 3:05 pm Thank you so much for this excellent tutorial. I am a total beginner trying to learn Illustrator in a large classroom setting at a community college. The instructor is very soft-spoken, goes very fast and will not stop for questions so when I can’t hear her or get lost on one little step I am pretty much lost for the rest of the class. Super-frustrating. I was feeling really discouraged, but this morning l I found and patiently worked through the tutorial steps for the strawberry, and I am already feeling so much better! These are really thorough and helpful and I am going to do all of them. Thanks for not leaving out any little steps that a beginner might not know. Oh my goodness I am so relieved and grateful. Thank you!!! Reply 43. Sahithi says: February 22, 2011 at 1:11 pm Loved the tutorial!!! 5 stars to the design. Looks so delicious Reply 44. Usman says: March 16, 2011 at 4:07 pm nice one, thanks very much always like to make new brushes, save too much time Reply 45. Web Design Hyderabad says: May 11, 2011 at 8:40 pm Now thats a mouth watering strawberry. I simple love this tutorial. Thanks for this Reply 46. Katy says: July 11, 2011 at 4:11 pm Great!! Thank you very much! :D Reply 47. Ramel de la Cruz says: July 22, 2011 at 11:20 am Mouthwatering tutorial! Easy to follow and very nice concepts. No wonder that until now, this post receives so many comments. Reply 48. Ankara Nargile says: August 8, 2011 at 7:33 am Nice sharing.thank you very much Reply 49. MOZO says: August 20, 2011 at 12:53 am Thanks for the tutorial. I was great help in addind to my drawing skills. Reply 50. rajesh says: August 26, 2011 at 10:08 pm hi man it is very cool tutorials thanks man Reply 51. caro says: October 22, 2011 at 10:33 pm Thank you for this great tutorial! Ima do this tomorrow for sure and I will learn a lot from it! Thanks a lot for sharing this for free. ;) Reply 52. Word Counter says: November 12, 2011 at 10:41 pm Very clear, step by step illustrator tutorial! I have created my own mouth watering strawberry, but cant eat it.. :) Reply 53. Manuel says: December 21, 2011 at 2:54 am Thank you for the tutorial. It was very clear. Reply 54. Lara says: January 24, 2012 at 5:09 pm Hey guys, I lover this tutorial, butt I was trying to do it but when it comes to “unite all the leaves” all the leaves deform, can someone help me? Reply 55. Lara says: January 24, 2012 at 5:13 pm hey guys problems solved :D thank u, the strawberry looks delicious Reply 56. JayJay the JrsPlane says: January 29, 2012 at 5:55 pm This tutorial kicked my butt. I felt like I had a learning disability. Reply 57. seeta says: March 13, 2012 at 1:57 am osam it is :) thanks a ton foe sharing with us :) Reply 58. Ara says: July 22, 2012 at 3:47 am Why can’t I send the object in Step 12 backwards? What’s wrong?? Reply 59. Kelly T says: October 26, 2012 at 5:23 pm This is a great tutorial, I’m a graphic design student but I really haven’t learned enough about vector art and I have found this to be very helpful in the learning process. Thank you so much, very good tutorial and easy to follow even for me which I am not very experienced yet. Reply Trackbacks/Pingbacks 1. 100 Fresh New Photoshop And Illustrator Tutorials | Creative Nerds says: February 14, 2010 at 5:05 pm [...] 17. Create A Mouthwatering Chocolate Covered Strawberry [...] Reply 2. Create A Mouthwatering Chocolate Covered Strawberry In Illustrator | Design Newz says: February 16, 2010 at 7:31 am [...] Create A Mouthwatering Chocolate Covered Strawberry In Illustrator [...] Reply 3. Desktop Wallpaper 006: Euphoria « Coffee Cup Stains says: February 23, 2010 at 4:01 am [...] the tutorial of this mouthwatering chocolate covered strawberry. *drool* Published [...] Reply 4. Create A Mouthwatering Chocolate Covered Strawberry In Illustrator | Vectips | Rumball Motors Interactive says: February 23, 2010 at 7:27 am [...] Create A Mouthwatering Chocolate Covered Strawberry In Illustrator | Vectips. Be the first to start a conversation Click here to cancel reply. Leave a [...] Reply 5. Best Of The Web And Design In February 2010 | Creative Nerds says: March 3, 2010 at 2:33 pm [...] Create A Mouthwatering Chocolate Covered Strawberry [...] Reply 6. This Week’s Favourites – March 5th 2010 says: March 5, 2010 at 1:01 am [...] Vectips [...] Reply 7. Early 2010 Best of Vector Tutorials in Adobe Illustrator | Graphic Design Free Resources says: March 7, 2010 at 8:21 pm [...] 4. Create A Mouthwatering Chocolate Covered Strawberry [...] Reply 8. 100 Fresh New Photoshop And Illustrator Tutorials From 2010 « HUE Designer says: March 17, 2010 at 4:01 am [...] 17. Create A Mouthwatering Chocolate Covered Strawberry [...] Reply 9. 40 Detailed Drawing Tutorials for Illustrator - Speckyboy Design Magazine says: March 17, 2010 at 5:59 am [...] Create A Mouthwatering Chocolate Covered Strawberry [...] Reply 10. 25 New Illustrator Tutorials That Will Make You A Master Of Vector Art - slodive says: April 25, 2010 at 9:41 pm [...] In this tutorial, you’ll learn tricks and techniques to create a chocolate covered strawberry but can also be used in an array of projects. Article Link [...] Reply 11. 30 brand-new Adobe Illustrator tutorials | print24 Blog says: April 30, 2010 at 5:36 am [...] Create A Mouthwatering Chocolate Covered Strawberry [...] Reply 12. 70+ Excellent Fresh Adobe Illustrator Tutorials | Tutorials | instantShift says: April 30, 2010 at 5:41 am [...] Tutorial Link [...] Reply 13. 30 + Tutorials That Will Teach You Illustrator | Arbenting says: May 9, 2010 at 1:09 am [...] Create a Mouthwatering Chocolate Covered Strawberry [...] Reply 14. And Another Sweet One « Ego Lush Design says: May 13, 2010 at 8:01 pm [...] things in Illustrator that I didn’t even know existed. Again you can check out the tutorial Here and I hope yours comes out as well as mine [...] Reply 15. 30 Stunning Graphical Vector Tutorials for Improve your Graphics Skills | Dzinebook blog | Inspirational design resource for Web design - development - freelancer tips says: June 25, 2010 at 11:05 pm [...] 4.) Create A Mouthwatering Chocolate Covered Strawberry [...] Reply 16. 20+ Colorful Tutorials to Polish Your Adobe Illustrator Skills | [Re]Encoded.com says: July 13, 2010 at 6:02 am [...] Mouthwatering Chocolate-covered Strawberry [...] Reply 17. Collection of the must useful illustrator tutorials | mameara.com says: July 19, 2010 at 12:54 am [...] Mouthwatering Chocolate Covered Strawberry [...] Reply 18. Best Illustrator Tutorials from 2010 - Noupe Design Blog says: December 21, 2010 at 4:10 am [...] Create A Mouthwatering Chocolate Covered Strawberry Here is an Illustrator tutorial that will teach you how to create a mouthwatering chocolate-covered strawberry: [...] Reply Leave a Reply Click here to cancel reply. ______________________ Name (required) ______________________ Mail (will not be published) (required) ______________________ Website _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Submit VectorMill * ____________________ Submit Subscribe to a feed * RSS Feed * Email * Twitter Links What is RSS? Learn More Community Images via Flickr Iron Man Jumping Jack Try Good Morning, Mr. Breakfast! Be Excellent To Each Other Berries of The Dead POLAR BEARS (URSUS MARITIMUS) VYIN-SYANG Object 704 Join the Vectips Flickr group! About Vectips Vectips is a site dedicated to Illustrator tips, tricks, and tutorials. It was created by Rype (Ryan Putnam) of Rype Arts an exclusive vector art contributor to iStockphoto. Learn More Write for Vectips Write a tutorial or article for Vectips and get exposure while giving back to the community. Learn More Work With Vectips Like the design and illustrations on Vectips? Hire Rype Arts for your next project! Learn More Connect with Vectips * Twitter * FriendFeed * Flickr * Facebook * Vi.sualize.us Rype Arts Copyright © Rype Arts 2011 GNU Image Manipulation Program Skip to page contents [ News | Screenshots | Features | Downloads | Documentation | Get Involved ] [ Plug-in Registry | GIMP Development ] [ Donations ] [ Flattr this ] Image Pipes Text and images Copyright (C) 2002 Adrian Likins and may not be used without permission of the author. Intention GIMP 1.2 introduced a lot of new features that have been further improved in version 2.0, including the ability to use full color "pixmap brushes". In addition, you can also combine single frame pixmap brushes into a "image pipe". A GIMP Image Pipe allows you to spray out series of full color pixmaps. To make it more flexible, the order the images are painted onto the canvas can depend on direction, angle, speed, or other factors. This effect can be used in many ways, from a simple way to paint repeated images, or as sophisticated texture generation. The flexibilty in the way images are sequenced and composited to the canvas on the image can make creating a image pipe to do what you want seem difficult. However, for almost all common image pipes it is easy to set them up. Example 1 Taking a set of images and making a image pipe out of them is a common configuration. The easiest way to do this is to create each indivual image as a separate layer in an image, much like you would if you were going to save an animated image. And in fact this is often a convient way to think of image pipe creation. As designing an animation of which snapshots are going to be composited to the canvas. Let's start with a simple example image, an 8 layer image. In this case, with the numbers 1-8 on each layer. This will help to make it more obvious what the various "ranks" do. GIMP versions older than 2.0 could not reload gih files (GIMP image pipes), so I include the source xcf images here. The example image. To start creating a image pipe, you will need to save the file in the ".gih" extension. To use the brush immediately, you probabaly want to save it in the brushes/ subdir of your GIMP directory (probabaly ~/.gimp-2.4). To save the image you will be presented with a save dialog for the GIH plugin. (Image above) For a simple image like this, the only values you usually need to change are "Spacing", The "Number of Cells", the number of "Ranks", and the "selection" for each rank. Spacing is pretty much the same as for regular brushes. It indicates what percentage of a brush width or height that the cursor moves between each time the shape is pasted. Ranks indicates how many levels of variation to use by the Selection values. For this image, the value of ranks should be equal to the number of images in the stack. Since it is possible to have multi-dimensional pipes, there needs to be a way to set more than one rank. For this example, we are going to choose to select from the rank using method "incremental". This essentially means that the images will be selected in the order they are in the layer stack. Other options include: Random: selects the images in a random order. Angular: selects the images based on the angle the brush is moving at. Velocity: selects the images based on the velocity the brush is moving at. Pressure: selects the images based on the pressure of the brush (requires a pressure sensitive tablet) xtilt: selects the images based on the xtilt (also requires a tablet) ytilt: selects the images based on the ytilt (also requires a tablet) After saving the image, you can "refresh" the brush list and then select the new image. For an example of what this can do, tale a look at the example image above (also making use of the fun gradient brushes). Example 2 Tater Tots! This pipe is a good example of making a image pipe out of a series of images. Each layer has a a bit of an image cut out and placed on a transparent background. Any areas that are transparent in the image will be transparent in the brush as well. To add a bit more of a "3D" effect, a slight drop shadow was added to each layer in the image. Save this image as gih with the parameters as indicated in the following screenshot. An example of the use of this image: Example 3 An example of a two dimensional pipe A interesting use for image pipes would be to simulate a natural media saturation. For example, maybe a brush that has ten different versions that correlate to tablet pressure. For this example, I'll use a somewhat contrived example for simplicity sake. It will use the "angular" parameter in for per layer dimension, and a "random" parameter to select which of the multiple images to use. I use this in a couple of brushes to "humanize" the output. Instead of having the same image stamped out over and over, it varies a little randomly. The example source image is a 8 layer image, with each layer split in two with a guide. The guide isnt require but it makes it easier to create. A screenshot of the layers dialog showing creation of an image of this type.(Image above) You will want to save the image with the values show here: Example 4 Using a image pipe as a way to generate textures. Making tileable textures with gradient brushes is a tutorial on how to generate textures with just graident brushes. A lot of the same techniques that are used there can be used Image Pipes as well. The main advantage to using image pipes is that the brush as well as the color can change as you paint, which adds an extra dimension to the textures. For this example, it is just another one brush per layer situation. The example source image is available. The image is saved with the paramaters as in image above. Example output: Example 5 Converting a PSP image tube to a GIMP Image Pipe There are lots of "Image Tubes" created with and for Paint Shop Pro available on the internet. GIMP can load these files and save them as GIMP image pipes. Unfortunately, unless you really like pictures of teddy bears, puppy dogs, and unicorns, finding good PSP Tubes isnt so easy. There is a .tub loader plugin in GIMP that you can use to load .tub files you find on the net. Then you can turn around and save these files as a .gih file. We are going to start with a .tub file available from Hood's PSP Tubes, in this case the Fireball example. Hood's site is not available anymore but you may be able to find "HFireball.zip" or "H Fireball.tub" on several sites distributing PSP Tubes. The file needs to be loaded as a regular image, then saved as a gih image. Sometimes you may need to make some best guesses as to the save parameters. An example of what the image window will look like after initially loading the .tub file is shown above. Saving this file as a .gih file, and using the paramaters as shown in: The original tutorial can be found here. * Features * Release Notes * Wiki * Screenshots * Downloads * Documentation * FAQ * Books * Tutorials * Mailing Lists * IRC * History * Splash Archive * Links * Get Involved * Donating * Bug Reports * GIMP Goods © 2001-2012 The GIMP Team GIMP News Feed | Contacting Us Tutorial © 2002 Adrian Likins (adrian) adrian@gimp.org GNU Image Manipulation Program Skip to page contents [ News | Screenshots | Features | Downloads | Documentation | Get Involved ] [ Plug-in Registry | GIMP Development ] [ Donations ] [ Flattr this ] Creating Icons Text and images Copyright (C) 2002 Jakub Steiner and may not be used without permission of the author. Intention Almost every desktop enviroment I've seen has a special application for creating icons, usually a very limited drawing application. In this short tutorial, we'll show you how GIMP (GNU Image Manipulation Program) can help you create icons for your desktop. Before You Begin As with any new task, it will help to have a little background information: Filenames and Structure GIMP enables you to save compressed files and work with them transparently, using the .xcf format. However, since we're working with very small files, compression simply doesn't save enough space to justify the effort. Especially since filemanagers like Nautilus have problems with creating thumbnails for compressed images, it's best to accompany any .xcf files you produce with a .png version. (See Image above) Nautilus (gnome-vfs) can't yet handle compressed GIMP native files Choosing a Color Palette You may think palettes are only necessary in special cases like indexing colors of web images. However, if you're going to create more than one icon, having a pre-selected palette can give your icons a more consistent look and feel. You may want to consider using a palette that already exists. Many operating systems like MS Windows or MacOS have a system-wide color palette that is used on low color depth screens. You could also use one of the palettes that Tuomas Kuosmanen has included in his public palettes list. If you prefer to create your own palette, it's best to just define the most basic colors. That is, focus mostly on defining a set of hues you'll be using. Later on, you can tweak the value or saturation to create highlights or shadows of that particular color. Having a complex palette with many variations will make it complex and hard to navigate. Getting Started When you're ready to start, run GIMP by selecting Applications -> Graphics -> GIMP Image Editor from your menu panel, or typing gimp at the command line. If you haven't used GIMP before, the default window layout may be a little confusing. It's a lot like Photoshop and other similar applications, in that it uses a large number of dialogs. Select items from the File -> Dialogs menu to choose which dialog windows you'd like to have open and which ones you'd like to have closed. For icon work, you may find it most convenient to use the main window, plus the palette and layers dialogs, and of course the actual image you're working on. To create a new image file, press Ctrl+N. Select a 48x48 pixel image, the standard Gnome icon size. Because working on such a tiny pixmap requires a lot of detail, zoom in to work on a pixel-by-pixel level. Try 8:1 magnification ( View -> Zoom -> 8:1). At that magnification, however, you will begin to lose perspective. It's best to keep an additional window open with an unmagnified view, so you can see what your icon will look like. To do that, choose View -> New view from the image context menu (the little arrow in the upper left side of the window). Use a 1:1 zoom on this view, so that you can paint at an 8:1 zoom and see the results immediately. Make sure to turn off the selection decorations on the 1:1 window. To do that, focus the window and press Ctrl+T or choose View -> Toggle selection. A Few Tricks It seems at first that creating an icon is incredibly restrictive. After all, you have just a tiny grid where you will soon run out of pixels. However, there are a few tricks you can use to fool the human eye and make your icons look better. Basically, you'll be simulating or implying shape with color value and opacity. Antialiasing One of the basic aspects of bitmap images is the negative effect of Aliasing. Although many tools like the brush tool work well in large images, they aren't effective at the icon size. In particular, drawing with a 1x1 pixel brush doesn't behave as well as could be hoped. The solution is to anti-alias manually. Some people prefer to work at a higher resolution, with full anti-aliasing, and then scale down, but the icon loses smoothness and most of the benefit of the larger size. In the end, it's necessary to touch up the image manually. In most cases, you're better off starting with just your 48x48 square and not scaling. As much as it sounds hard, manual anti-aliasing is easy, and even fun. All you need for this is the opacity setting of the pencil tool. Say we have an outline that's aliased (Like the image to the left). Select a 1x1 brush and set the opacity to something like 40%. When you start drawing with this black brush by clicking on the white surface, it will become light gray. One more click and it gets darker. That way you can easily create fluent transitions between the two border colors. You can also change the active color using Ctrl-leftMB or just by swapping forground and background colors (X). If you're using layers to have more freedom experimenting, you will find the erase tool as useful for anti-aliasing as the pencil (Right image). Make sure you turn on the hard edges option, for maximum precision. Shading with Gradients You can use gradients to enhance the shape of an object. For round objects, choose a radial gradient, and for curves, use a linear gradient. For filling surfaces, you'll want to use linear gradients almost every time. Even when the surface is supposed to be flat, a slight gradient adds realism. Make sure to keep the gradient subtle, though: too much of a difference between the two extremes and you'll ruin the effect. Highlights and Shadows For any given object, make sure you experiment a little with highlights and shadows, and not just the regular drop shadow used on most Gnome icons. Try giving your icon real material properties with some light reflections. Whether it's just a little gleam or shine from a corner or a suggestion of depth by lowering the saturation or value of a corner in the back, you can improve the look of an icon with just a little work. For smooth shading, select the area you want to work with and then apply the airbrush tool. You'll only affect the selection, so you don't have to worry about overspray. To do hard highlights, use the one pixel pencil tool and, as before, a lowered opacity for the color. Work Example In this small tutorial, Ximian artist Jakub Steiner will demonstrate most of the techniques described in the section called "A Few Tricks" as he draws a TV icon. Basic Shape Normally, you'd use the bezier tool for shape editing, but a TV silhouette is simple enough that we'll just start with the rectangle selection tool. Create a separate foreground layer for the shape, and choose a light, but not completely white, color for the background layer. After you're done with the icon, you can drag colors from the palette to the background layer to make sure that the icon looks right on any background. Drag the black preview rectangle from the toolbox, or press Ctrl-+ to fill the silhouette. You should have a black square on a light background. Then, use the eraser tool to smooth the edges of the square so that the shape is better. This will also add a slight white shine to the corners of the image. Making it Plastic Next, we're going to use alpha blending of a selection to give a more three dimensional appearance to the silhouette. Select the TV silhouette by right-clicking on the layer in the layer window and choosing Alpha to Selection. Shrink the selection by 1 pixel and fill it with a linear gradient similar to the image above. Now you have a dark grey shape with a black outline, and slightly shiny corners. Now it's time to add a bit more depth, using the highlight trick from the section called "Highlights And Shadows". Use a white 1x1 pencil to create highlights, and a black one to create shadows. By setting opacity of the brush to something like 20% you can get results similar to the image above. Modelling the Screen Of course, a television isn't just a single square with an outline. You can create the screen exactly the same way you did the TV silhouette. Create a new layer, and add a smaller rectangular selection, positioned inside the television one. Fill it with black, shrink the selection by 1 pixel and finally fill it with linear gradient to form a screen like the one shown in image above. An important aspect of glass surfaces is the reflection. To make the television screen look shiny and reflective, shrink the selection by another pixel and create a new layer. Now, pick the airbrush tool and a mid-sized fuzzy brush. Paint a white reflection like the one in image above. If you want to create horizontal monitor lines on the screen, you can use the interlace effect. To do so, create a new layer above the current one. Render white horizontal lines with Filters -> Render -> Pattern -> Grid. Make sure you set the layer mode to Overlay. After that, you'll want to create buttons. This is relatively simple: just create a circular selection with the elipse tool and fill it with radial gradient (image above). Choosing a gradient instead of a solid fill provides a bit of shine to the button, so even if it's just a few pixels across, it looks distinct and three dimensional. Modelling the Remote Control This time we'll use the bezier selection tool to create the outline of an object. With a small shape, it can sometimes be difficult to use the bezier tool, it's hard to create a small shape, because the nodes snap to the pixel grid, but it's worth the effort because it makes the shape look sharp, like the one above. You can look in the GIMP manual for more information about editing bezier paths and working with the bezier tool. To create a shadow for the remote, copy the path window and moving just one node. The shadow in this image is done exactly this way. You can make almost any image, especially a small one, easier to understand by adding black object outlines to enhance contrast. To do this, you'll use the opposite of technique you used to create the television silhouette with its outline. First, right-click on the remote control layer and select Layers -> Alpha to selection. Create a new empty layer below the remote control layer. Increase the size of the selection by 1 pixel, and fill the selection with black. GIMP may not grow that selection perfectly, and you will probably have to alter the result manually. In this case, we'll use the erase tool with a 1x1 pixel brush, and opacity between 60 and 70 percent. Choose the "draw straight lines" option, and smooth the outline by drawing close to the border of the object. Now, to make the object a little more realistic, we'll use our highlight trick. Use the pencil tool with a 1x1 pixel brush and opacity set quite low, near 20%. The result makes the object very real. To create buttons on the remote control, use the same technique as you did to create the button on the TV: Make a selection with the bezeier tool, then fill it with a gradient, and apply highlights and shadows with the pencil tool as needed. Adding Glow For extra realism you can add a TV glow. Create a layer above the screen, but below the remote. Create a rectangular selection of the screen, then increase its size by 6 pixels and fill it with blue. Now, shrink that selection by 3 pixels and fill with white. Deselect the are with Ctrl-Shift-A and apply Filter -> Blur -> Gaussian Blur RLE by about 5 pixels. Now set the layer mode to overlay, creating the transparency effect. The Final Product Now, you've got a final product: a television, with remote. * Features * Release Notes * Wiki * Screenshots * Downloads * Documentation * FAQ * Books * Tutorials * Mailing Lists * IRC * History * Splash Archive * Links * Get Involved * Donating * Bug Reports * GIMP Goods © 2001-2012 The GIMP Team GIMP News Feed | Contacting Us Tutorial © 2002 Jakub Steiner (jimmac) jimmac@ximian.com * Home * Articles * Tutorials * Profile * Login / Sign Up [linux-org-logo.png] Search * (*) Articles * ( ) Tutorials * ( ) Entire Site ____________________ Go [peek.png] * Home * Articles * Tutorials * Profile * Login / Sign Up [comment-arrow.png] # __________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ [BUTTON Input] (not implemented)______________ [BUTTON Input] (not implemented)______ Comment goes here You should log in and post some comments! The link is up there in the toolbar. Go nuts! Programming in Linux Linux and CVS Checking for damage with rootkit hunter Tools for Programming At the risk of starting a flame war with Vi lovers, I'm an unconditional Emacs fan. For me, Emacs is the ideal editor for doing any kind of programming work. There are several add-ons for Emacs that will make your life much easier. One of them is Espen Skoglund's auto-header.el. This will create a header for your code files which Emacs will automatically populate with necessary information. It will also update the header each time you make changes. It's something that comes in really handy for me. I have a subdirectory in my home directory for emacs odds and ends. I just placed auto-header.el in this directory and then modified my .emacs file like so: (add-to-list 'load-path "~/elisp/") (require 'auto-header) There is a section of the auto-header.el file that defines the characters that are used for commented areas for different programming languages. The headers for the file need to be inside a commented region at the beginning of your source code file. The file includes 20 different programming languages, but PHP, which I use a lot, is missing. So I just added an entry for it between Perl and Postscript: (perl-mode . ("#" "" "##" "#")) (php-mode . ("/*" "*/" " *" "*")) (postscript-mode . ("%" "" "%%" "%")) Now, my files begin with a nice, auto-updating header that looks like this: /********************************************************************* * Filename: listing.php * Description: Script to list stuff * Author: Michael Jordan * Created at: Tue Nov 29 20:13:14 2005 * Modified by: Michael Jordan * Modified at: Tue Nov 29 22:58:56 2005 ********************************************************************/ Actually, you can add more info to this header. Just consult the comments in the auto-header.el file itself for more information on that. Programming Languages and Linux The is a virtual smorgasbord of programming language compilers available for Linux. Just the famous gcc compiler itself will create binaries for code written in, C++, Fortran and ADA as well as interpreting Java code. There are freely available compilers for other popular programming languages like Pascal, COBOL and Lisp. As you can see, there are really too many to go into all of them in any depth. Besides, this writer can't program in the vast majority of them anyway. But in this lesson, we will be looking at some of the most common scripting languages that run under Linux. Programming with BASH Thought it might sound like it, BASH isn't one of those captions that pop up (along with Ooff! and Biff!) when Batman and Robin are fighting the bad guys on the old 60's TV show. BASH actually stands for Bourne Again Shell. The reason for the name goes back to Steve Bourne who wrote the original Bourne Shell for Unix. When the GNU created a Free Software equivalent, they named it after Steve's shell and added a little pun on his last name. If you're a system administrator, making BASH scripts is going to be one of those mandatory things. But far from being a chore, you'll learn that it's going to make your work and your life a whole lot easier. Our First BASH Script The first thing that a BASH script needs is the proverbial 'shebang'. These are two characters: #! Following this, you should include the path to the BASH interpreter. So the first line of your script should look like this: #!/bin/bash If your default shell is BASH, the line: #!/bin/sh does the same thing. It's just a symbolic link to /bin/bash. But if your default shell isn't BASH, you won't be invoking /bin/bash if your write a shell script with that first line. Since on Linux systems, BASH is normally the default shell, you'll see most BASH scripts start with #!/bin/sh From there on, you're free to do what the shell allows. Shell scripts created for administration purposes (which are the majority of scripts) are made up of lines that invoke other commands. Let's look at a simple example. Let's say you have email users on your system but you don't have a quota in place. Still, you want to monitor the sizes of the mailboxes to make sure that people aren't taking up more space than they should. This script, run from crontab, would do the trick nicely: Except for the shebang, comment lines start with # #!/bin/sh # show us the size of email spools email spools # date in YYYY-MM-DD format today=`date +%Y-%m-%0e`; # subject and recipient variables subject="Mailcheck"; sendto="admin@linux.ork"; cd /var/spool/mail ls -lSh | awk '{print $5, $9}' | grep "(G|M)" | mail -s $subject-$today $sendto # end script First off, you'll see that we've declared some variables. These variables are not prefixed by any characters when declared but they are prefixed by the dollar sign ($) when used. You've also noticed that variables can be other commands, as in this example with the date command. When you use a command as a variable, it must be put inside backticks (` `). First, the script changes to the directory where the mail spools are located. The the scripts performs an 'ls' with options and presents a list where the biggest spools are displayed first with their size in human readable format. This is piped to awk, which sorts out the size and the user name. The awk output is grepped for those spools which are in the Megabytes and Gigabytes. This is then piped to the 'mail' command and sent to the admin account with the subject plus the date we declared in those variables. The admin will then have a nice sorted list of who is using the most space in /var/spool/mail. Built in Variables Though we created our own variables in the previous example, BASH also comes with what are known as built invariables. Here is an example of a script with frequently used built in variables. #!/bin/sh echo "You are user $UID on $HOSTNAME" echo "Your home directory is: $HOME" echo "$HOSTNAME is running $OSTYPE" The output of this script should yield something similar to this: You are user 500 on penguin.linux.ork Your home directory is: /home/mike penguin.linux.ork is running linux-gnu As you can see, we didn't have to previously declare any of these. That's why they're known as built-in variables. Their use will save you a lot of time in writing your scripts. You can find a complete list of built-in variables in theGNU BASH Reference Manual Interactive Scripts Though we mentioned that the main use of BASH scripts is for automating administrative tasks, there may be times when you need users to interact with scripts. If you want a user to input information, you need to use the variableread. Let's take a look at the following example: #!/bin/sh echo -n "Enter the name of a city: " read CITY echo -n "$CITY is " case $CITY in London | Paris | Berlin | Rome) echo -n "in Europe";; 'New York' | Chicago | Washington) echo -n "in The USA";; Tokyo | Bejing | Bangalore) echo -n "in Asia";; *) echo -n "some place - but I don't know where";; esac As you can see, we've declared a variable that's going to depend on what the user types in when he/she is prompted for the name of a city. After, we have several options for each case. If the user types in the name of a city we've contemplated here, he/she will be given a message as to where the city is. If not, the script will display a message that it doesn't know where the city is. Any answer is represented by the asterisk (*) Making Sure You Have What You Need If you have to manipulate the contents of a file, it's a good idea to check if this file exists first. Here is a simple BASH routine to do this using the if command: #!/bin/sh if test -f /var/log/mail.log; then printf "The file existsn"; fi This is a good idea, as it would render your script useless if you had it set to manipulate a file that didn't exist. If Loops: A Practical Example I was a full-time English as a foreign language teacher for 12 years, so I can't resist giving you this example of a multiple-choice test using a BASH script. #!/bin/sh PS3="Choose the number of the correct word to fill in the blank: " echo "The emergency brake let go and car rolled ______ the hill" select SENT1 in up down along beside do if [ "$SENT1" == "" ]; then echo -e "You need to enter somethingn" continue elif [ "$SENT1" != down ]; then echo -e "Sorry. Incorrectn" echo "1. Incorrect" >> eoiexam.dat elif [ "$SENT1" == down ]; then echo -e "Great!n" echo "No. 1 - Correct" >> eoiexam.dat break fi done The script makes use of the 'elif' routine to sort out answers that aren't correct. You will also notice that it writes the results, whether correct or not, to a file. If you're in the teaching profession, you could expand on this to give your students a quick quiz. Linux and CVS Checking for damage with rootkit hunter Article Details Author: Linux.org Admin Publish Date: 05/03/2012 Last Updated: 05/04/2012 Categories: Basics, Linux Other Advanced Level Course * System Administration 1. tcpdump 2. Providing Services Under Linux 3. System Administration * Programming 1. Programming with bash 2. Linux and Subversion 3. Linux and CVS 4. Programming in Linux * Security 1. Checking for damage with rootkit hunter 2. OpenSSH 3. Setting up snort 4. Firewalls 5. Basic Security 6. Keeping Your Linux System Secure An Insecure World * Home * Articles * Tutorials * Linux News * Linux Jobs * Linux News * Linux Forum * Webmaster Forum * Contact * Sitemap * Advertising * Corporate Sponsors * Linux.org Facebook Page * Linux.org Twitter Page * Linux.org Google Plus Page * Linux.org RSS Feed Copyright © 2013 Linux.org | All Rights Reserved Content by IQnection.com | Hosting by LinuxPowerHosting.com A browser with JavaScript enabled is required for this page to operate properly. Download Ebooks Download JDK Search Java Tutorials Hide TOC Trail: Creating a GUI With JFC/Swing Lesson: Using Swing Components Using Swing Components Using Top-Level Containers The JComponent Class Using Text Components Text Component Features The Text Component API How to Use Various Components How to Make Applets How to Use Buttons, Check Boxes, and Radio Buttons How to Use the ButtonGroup Component How to Use Color Choosers How to Use Combo Boxes How to Make Dialogs How to Use Editor Panes and Text Panes How to Use File Choosers How to Use Formatted Text Fields How to Make Frames (Main Windows) How to Use Internal Frames How to Use Labels How to Use Layered Panes How to Use Lists How to Use Menus How to Use Panels How to Use Password Fields How to Use Progress Bars How to Use Root Panes How to Use Scroll Panes How to Use Separators How to Use Sliders How to Use Spinners How to Use Split Panes How to Use Tabbed Panes How to Use Tables How to Use Text Areas How to Use Text Fields How to Use Tool Bars How to Use Tool Tips How to Use Trees How to Use HTML in Swing Components How to Use Models How to Use Icons How to Use Borders Solving Common Component Problems Home Page > Creating a GUI With JFC/Swing > Using Swing Components << Previous o Trail o Next >> Using Top-Level Containers As we mentioned before, Swing provides three generally useful top-level container classes: JFrame, JDialog, and JApplet. When using these classes, you should keep these facts in mind: * To appear onscreen, every GUI component must be part of a containment hierarchy. A containment hierarchy is a tree of components that has a top-level container as its root. We'll show you one in a bit. * Each GUI component can be contained only once. If a component is already in a container and you try to add it to another container, the component will be removed from the first container and then added to the second. * Each top-level container has a content pane that, generally speaking, contains (directly or indirectly) the visible components in that top-level container's GUI. * You can optionally add a menu bar to a top-level container. The menu bar is by convention positioned within the top-level container, but outside the content pane. Some look and feels, such as the Mac OS look and feel, give you the option of placing the menu bar in another place more appropriate for the look and feel, such as at the top of the screen. __________________________________________________________________ Note: Although JInternalFrame mimics JFrame, internal frames aren't actually top-level containers. __________________________________________________________________ Here's a picture of a frame created by an application. The frame contains a green menu bar (with no menus) and, in the frame's content pane, a large blank, yellow label. A simple application with a frame that contains a menu bar and a content pane. A diagram of the frame's major parts You can find the entire source for this example in TopLevelDemo.java. Although the example uses a JFrame in a standalone application, the same concepts apply to JApplets and JDialogs. Here's the containment hierarchy for this example's GUI: Containment hierarchy for the TopLeveDemo example's GUI. As the ellipses imply, we left some details out of this diagram. We reveal the missing details a bit later. Here are the topics this section discusses: * Top-Level Containers and Containment Hierarchies * Adding Components to the Content Pane * Adding a Menu Bar * The Root Pane (a.k.a. The Missing Details) Top-Level Containers and Containment Hierarchies Each program that uses Swing components has at least one top-level container. This top-level container is the root of a containment hierarchy — the hierarchy that contains all of the Swing components that appear inside the top-level container. As a rule, a standalone application with a Swing-based GUI has at least one containment hierarchy with a JFrame as its root. For example, if an application has one main window and two dialogs, then the application has three containment hierarchies, and thus three top-level containers. One containment hierarchy has a JFrame as its root, and each of the other two has a JDialog object as its root. A Swing-based applet has at least one containment hierarchy, exactly one of which is rooted by a JApplet object. For example, an applet that brings up a dialog has two containment hierarchies. The components in the browser window are in a containment hierarchy rooted by a JApplet object. The dialog has a containment hierarchy rooted by a JDialog object. Adding Components to the Content Pane Here's the code that the preceding example uses to get a frame's content pane and add the yellow label to it: frame.getContentPane().add(yellowLabel, BorderLayout.CENTER); As the code shows, you find the content pane of a top-level container by calling the getContentPane method. The default content pane is a simple intermediate container that inherits from JComponent, and that uses a BorderLayout as its layout manager. It's easy to customize the content pane — setting the layout manager or adding a border, for example. However, there is one tiny gotcha. The getContentPane method returns a Container object, not a JComponent object. This means that if you want to take advantage of the content pane's JComponent features, you need to either typecast the return value or create your own component to be the content pane. Our examples generally take the second approach, since it's a little cleaner. Another approach we sometimes take is to simply add a customized component to the content pane, covering the content pane completely. Note that the default layout manager for JPanel is FlowLayout; you'll probably want to change it. To make a component the content pane, use the top-level container's setContentPane method. For example: //Create a panel and add components to it. JPanel contentPane = new JPanel(new BorderLayout()); contentPane.setBorder(someBorder); contentPane.add(someComponent, BorderLayout.CENTER); contentPane.add(anotherComponent, BorderLayout.PAGE_END); topLevelContainer.setContentPane(contentPane); __________________________________________________________________ Note: As a convenience, the add method and its variants, remove and setLayout have been overridden to forward to the contentPane as necessary. This means you can write frame.add(child); and the child will be added to the contentPane. Note that only these three methods do this. This means that getLayout() will not return the layout set with setLayout(). __________________________________________________________________ Adding a Menu Bar In theory, all top-level containers can hold a menu bar. In practice, however, menu bars usually appear only in frames and applets. To add a menu bar to a top-level container, create a JMenuBar object, populate it with menus, and then call setJMenuBar. The TopLevelDemo adds a menu bar to its frame with this code: frame.setJMenuBar(greenMenuBar); For more information about implementing menus and menu bars, see How to Use Menus. The Root Pane Each top-level container relies on a reclusive intermediate container called the root pane. The root pane manages the content pane and the menu bar, along with a couple of other containers. You generally don't need to know about root panes to use Swing components. However, if you ever need to intercept mouse clicks or paint over multiple components, you should get acquainted with root panes. Here's a list of the components that a root pane provides to a frame (and to every other top-level container): A root pane manages four other panes: a layered pane, a menu bar, a content pane, and a glass pane. We've already told you about the content pane and the optional menu bar. The two other components that a root pane adds are a layered pane and a glass pane. The layered pane contains the menu bar and content pane, and enables Z-ordering of other components. The glass pane is often used to intercept input events occuring over the top-level container, and can also be used to paint over multiple components. For more details, see How to Use Root Panes. << Previous o Trail o Next >> __________________________________________________________________ Problems with the examples? Try Compiling and Running the Examples: FAQs. Complaints? Compliments? Suggestions? Give us your feedback. Your use of this page and all the material on pages under "The Java Tutorials" banner is subject to these legal notices. duke image Oracle logo About Oracle | Oracle Technology Network | Terms of Use Copyright (c) 1995, 2012 Oracle and/or its affiliates. All rights reserved. Previous page: Using Swing Components Next page: The JComponent Class A browser with JavaScript enabled is required for this page to operate properly. A browser with JavaScript enabled is required for this page to operate properly. Download Ebooks Download JDK Search Java Tutorials Hide TOC Trail: Creating a GUI With JFC/Swing Lesson: Using Other Swing Features Using Other Swing Features How to Integrate with the Desktop Class How to Create Translucent and Shaped Windows How to Decorate Components with the JLayer Class How to Use Actions How to Use Swing Timers How to Support Assistive Technologies How to Use the Focus Subsystem How to Use Key Bindings How to Use Modality in Dialogs How to Print Tables How to Print Text How to Create a Splash Screen How to Use the System Tray Solving Common Problems Using Other Swing Features Home Page > Creating a GUI With JFC/Swing > Using Other Swing Features << Previous o Trail o Next >> How to Use Actions An Action can be used to separate functionality and state from a component. For example, if you have two or more components that perform the same function, consider using an Action object to implement the function. An Action object is an action listener that provides not only action-event handling, but also centralized handling of the state of action-event-firing components such as tool bar buttons, menu items, common buttons, and text fields. The state that an action can handle includes text, icon, mnemonic, enabled, and selected status. You typically attach an action to a component using the setAction method. Here's what happens when setAction is invoked on a component: * The component's state is updated to match the state of the Action. For example, if the Action's text and icon values were set, the component's text and icon are set to those values. * The Action object is registered as an action listener on the component. * If the state of the Action changes, the component's state is updated to match the Action. For example, if you change the enabled status of the action, all components it's attached to change their enabled states to match the action. Here's an example of creating a tool-bar button and menu item that perform the same function: Action leftAction = new LeftAction(); //LeftAction code is shown later ... button = new JButton(leftAction) ... menuItem = new JMenuItem(leftAction); To create an Action object, you generally create a subclass of AbstractAction and then instantiate it. In your subclass, you must implement the actionPerformed method to react appropriately when the action event occurs. Here's an example of creating and instantiating an AbstractAction subclass: leftAction = new LeftAction("Go left", anIcon, "This is the left button.", new Integer(KeyEvent.VK_L)); ... class LeftAction extends AbstractAction { public LeftAction(String text, ImageIcon icon, String desc, Integer mnemonic) { super(text, icon); putValue(SHORT_DESCRIPTION, desc); putValue(MNEMONIC_KEY, mnemonic); } public void actionPerformed(ActionEvent e) { displayResult("Action for first button/menu item", e); } } When the action created by the preceding code is attached to a button and a menu item, the button and menu item display the text and icon associated with the action. The L character is used for mnemonics on the button and menu item, and their tool-tip text is set to the SHORT_DESCRIPTION string followed by a representation of the mnemonic key. For example, we have provided a simple example, ActionDemo.java, which defines three actions. Each action is attached to a button and a menu item. Thanks to the mnemonic values set for each button's action, the key sequence Alt-L activates the left button, Alt-M the middle button, and Alt-R the right button. The tool tip for the left button displays This is the left button. Alt-L. All of this configuration occurs automatically, without the program making explicit calls to set the mnemonic or tool-tip text. As we'll show later, the program does make calls to set the button text, but only to avoid using the values already set by the actions. A snapshot of ActionDemo, which uses actions to coordinate menus and buttons. __________________________________________________________________ Try this: 1. Click the Launch button to run ActionDemo using Java(TM) Web Start (download JDK 6 or later). Or, to compile and run the example yourself, consult the example index. Launches the ActionDemo example 2. Choose the top item from the left menu (Menu > Go left). The text area displays some text identifying both the event source and the action listener that received the event. 3. Click the leftmost button in the tool bar. The text area again displays information about the event. Note that although the source of the events is different, both events were detected by the same action listener: the Action object attached to the components. 4. Choose the top item from the Action State menu. This disables the "Go left" Action object, which in turn disables its associated menu item and button. __________________________________________________________________ Here is what the user sees when the "Go left" action is disabled: A snapshot of ActionDemo when A snapshot of ActionDemo when Here's the code that disables the "Go left" action: boolean selected = ...//true if the action should be enabled; //false, otherwise leftAction.setEnabled(selected); After you create components using an Action, you might well need to customize them. For example, you might want to customize the appearance of one of the components by adding or deleting the icon or text. For example, ActionDemo.java has no icons in its menus, and no text in its buttons. Here's the code that accomplishes this: menuItem = new JMenuItem(); menuItem.setAction(leftAction); menuItem.setIcon(null); //arbitrarily chose not to use icon in menu ... button = new JButton(); button.setAction(leftAction); button.setText(""); //an icon-only button We chose to create an icon-only button and a text-only menu item from the same action by setting the icon property to null and the text to an empty string. However, if a property of the Action changes, the widget may try to reset the icon and text from the Action again. The Action API The following tables list the commonly used Action constructors and methods. The API for using Action objects falls into three categories: * Components that Support set/getAction * Creating and Using an AbstractAction * Action Properties CAPTION: Components that Support set/getAction Class Purpose AbstractButton JComboBox JTextField These components and their subclasses may have an action directly assigned to them via setAction. For further information about components that are often associated with actions, see the sections on tool bar buttons, menu items, common buttons, and text fields. For details on which properties each component takes from the Action, see the API documentation for the relevant class's configurePropertiesFromAction method. Also refer to the buttonActions table. CAPTION: Creating and Using an AbstractAction Constructor or Method Purpose AbstractAction() AbstractAction(String) AbstractAction(String, Icon) Create an Action object. Through arguments, you can specify the text and icon to be used in the components that the action is attached to. void setEnabled(boolean) boolean isEnabled() Set or get whether the components the action controls are enabled. Invoking setEnabled(false) disables all the components that the action controls. Similarly, invoking setEnabled(true) enables the action's components. void putValue(String, Object) Object getValue(String) Set or get an object associated with a specified key. Used for setting and getting properties associated with an action. Action Properties This table defines the properties that can be set on an action. The second column lists which components automatically use the properties (and what method is specifically called). For example, setting the ACCELERATOR_KEY on an action that is then attached to a menu item, means that JMenuItem.setAccelerator(KeyStroke) is called automatically. Property Auto-Applied to: Class (Method Called) Purpose ACCELERATOR_KEY JMenuItem (setAccelerator) The KeyStroke to be used as the accelerator for the action. For a discussion of accelerators versus mnemonics, see Enabling Keyboard Operation. Introduced in 1.3. ACTION_COMMAND_KEY AbstractButton, JCheckBox, JRadioButton (setActionCommand) The command string associated with the ActionEvent. LONG_DESCRIPTION None The longer description for the action. Can be used for context-sensitive help. MNEMONIC_KEY AbstractButton, JMenuItem, JCheckBox, JRadioButton (setMnemonic) The mnemonic for the action. For a discussion of accelerators versus mnemonics, see Enabling Keyboard Operation. Introduced in 1.3. NAME AbstractButton, JMenuItem, JCheckBox, JRadioButton (setText) The name of the action. You can set this property when creating the action using the AbstractAction(String) or AbstractAction(String, Icon) constructors. SHORT_DESCRIPTION AbstractButton, JCheckBox, JRadioButton (setToolTipText) The short description of the action. SMALL_ICON AbstractButton, JMenuItem (setIcon) The icon for the action used in the tool bar or on a button. You can set this property when creating the action using the AbstractAction(name, icon) constructor. Examples that Use Actions The following examples use Action objects. Example Where Described Notes ActionDemo This section Uses actions to bind buttons and menu items to the same function. TextComponentDemo Text Component Features Uses text actions to create menu items for text editing commands, such as cut, copy, and paste, and to bind key strokes to caret movement. Also implements custom AbstractAction subclasses to implement undo and redo. The text action discussion begins in Concepts: About Editor Kits. << Previous o Trail o Next >> __________________________________________________________________ Problems with the examples? Try Compiling and Running the Examples: FAQs. Complaints? Compliments? Suggestions? Give us your feedback. Your use of this page and all the material on pages under "The Java Tutorials" banner is subject to these legal notices. duke image Oracle logo About Oracle | Oracle Technology Network | Terms of Use Copyright (c) 1995, 2012 Oracle and/or its affiliates. All rights reserved. Previous page: How to Decorate Components with the JLayer Class Next page: How to Use Swing Timers A browser with JavaScript enabled is required for this page to operate properly. A browser with JavaScript enabled is required for this page to operate properly. Download Ebooks Download JDK Search Java Tutorials Hide TOC Trail: Creating a GUI With JFC/Swing Lesson: Using Other Swing Features Using Other Swing Features How to Integrate with the Desktop Class How to Create Translucent and Shaped Windows How to Decorate Components with the JLayer Class How to Use Actions How to Use Swing Timers How to Support Assistive Technologies How to Use the Focus Subsystem How to Use Key Bindings How to Use Modality in Dialogs How to Print Tables How to Print Text How to Create a Splash Screen How to Use the System Tray Solving Common Problems Using Other Swing Features Home Page > Creating a GUI With JFC/Swing > Using Other Swing Features << Previous o Trail o Next >> How to Use the Focus Subsystem Many components ??? even those primarily operated with the mouse, such as buttons ??? can be operated with the keyboard. For a key press to affect a component, the component must have the keyboard focus. From the user's point of view, the component with the keyboard focus is generally prominent ??? with a dotted or black border, for example. The window containing the component is also more prominent than other windows onscreen. These visual cues let the user know to which component any typing will relate. Only one component at a time in the window system can have the keyboard focus. Exactly how a window gains the focus depends on the windowing system. There is no foolproof way, across all platforms, to ensure that a window gains the focus. On some operating systems, such as Microsoft Windows, the front window usually becomes the focused window. In these cases, the Window.toFront method moves the window to the front, thereby giving it the focus. However, on other operating systems, such as Solaris(TM) Operating System, the window manager may choose the focused window based on cursor position, and in these cases the behavior of the Window.toFront method is different. A component generally gains the focus when the user clicks it, or when the user tabs between components, or otherwise interacts with a component. A component can also be given the focus programmatically, such as when its containing frame or dialog-box is made visible. This code snippet shows how to give a particular component the focus every time the window gains the focus: //Make textField get the focus whenever frame is activated. frame.addWindowFocusListener(new WindowAdapter() { public void windowGainedFocus(WindowEvent e) { textField.requestFocusInWindow(); } }); If you want to ensure that a particular component gains the focus the first time a window is activated, you can call the requestFocusInWindow method on the component after the component has been realized, but before the frame is displayed. The following sample code shows how this operation can be done: //...Where initialization occurs... JFrame frame = new JFrame("Test"); JPanel panel = new JPanel(new BorderLayout()); //...Create a variety of components here... //Create the component that will have the initial focus. JButton button = new JButton("I am first"); panel.add(button); frame.getContentPane().add(panel); //Add it to the panel frame.pack(); //Realize the components. //This button will have the initial focus. button.requestFocusInWindow(); frame.setVisible(true); //Display the window. Alternatively, you can apply a custom FocusTraversalPolicy to the frame and call the getDefaultComponent method to determine which component will gain the focus. __________________________________________________________________ Version note: This section describes the focus architecture implemented in JDK 1.4. Prior to the 1.4 release, JComponent methods, such as setNextFocusableComponent, getNextFocusableComponent, requestDefaultFocus, and isManagingFocus, were used to manage the keyboard focus. These methods are now deprecated. Another method, requestFocus, is discouraged because it tries to give the focus to the component's window, which is not always possible. As of JDK 1.4, you should instead use the requestFocusInWindow method, which does not attempt to make the component's window focused. The method returns a boolean value indicating whether the method succeeded. __________________________________________________________________ The rest of this section covers the following topics: * Introduction to the Focus Subsystem * Validating Input * Making a Custom Component Focusable * Customizing Focus Traversal * Tracking Focus Changes to Multiple Components * Timing Focus Transfers * The Focus API * Focus Examples Introduction to the Focus Subsystem The focus subsystem is designed to do the right thing as invisibly as possible. In most cases it behaves in a reasonable manner, and if it does not you can tweak its behavior in various ways. Some common scenarios might include: * The ordering is right but the first component with the focus is not set. As shown in a code snippet in the preceding section, you can use the requestFocusInWindow method to set the focus on a component when the window becomes visible. * The ordering is wrong. To fix this issue, you can change the containment hierarchy, you can change the order that the components are added to their containers, or you can create a custom focus traversal policy. For more details see Customizing Focus Traversal. * A component must to be prevented from losing focus, or you need to check a value in a component before it loses focus. Input verification is a solution to this problem. * A custom component is not getting the focus. To fix this issue, you need to make sure that it satisfies all the requirements outlined in Making a Custom Component Focusable. The FocusConceptsDemo example illustrates a few concepts. The FocusConceptsDemo example __________________________________________________________________ Try this: 1. Click the Launch button to run FocusConceptsDemo using Java(TM) Web Start (download JDK 6 or later). Alternatively, to compile and run the example yourself, consult the example index. Launches the FocusConceptsDemo application 2. If necessary, click the window to give it the focus. 3. Move the focus from component to component using the Tab key. You will notice that when the focus moves into the text area, it stays in the text area. 4. Move the focus out of the text area using Control-Tab. 5. Move the focus in the opposite direction using Shift-Tab. 6. Move the focus out of the text area in the opposite direction using Control-Shift-Tab. __________________________________________________________________ The KeyboardFocusManager is a critical element of the focus subsystem. It manages state and initiates changes. The keyboard manager tracks the focus owner ??? the component that receives typing from the keyboard. The focused window is the window that contains the focus owner. __________________________________________________________________ JWindow and focus: To use a JWindow component in your GUI, you should know that the JWindow component's owning frame must be visible in order for any components in the window to get the focus. By default, if you do not specify an owning frame for a JWindow component, an invisible owning frame is created for it. The result is that components in the JWindow component might not be able to get the focus. The solution is either to specify a visible owning frame when creating the JWindow component, or to use an undecorated JFrame component instead. __________________________________________________________________ A focus cycle (or focus traversal cycle) is a set of components that share a common ancestor in the containment hierarchy. The focus cycle root is the container that is the root for a particular focus traversal cycle. By default, every JWindow and JInternalFrame component can be a focus cycle root. A focus cycle root can itself contain one or more focus cycle roots. The following Swing objects can be focus cycle roots: JApplet, JDesktopPane, JDialog, JEditorPane, JFrame, JInternalFrame, and JWindow. While it might appear that JTable and JTree objects are focus cycle roots, they are not. A focus traversal policy determines the order in which a group of components are navigated. Swing provides the LayoutFocusTraversalPolicy class, which decides the order of navigation based on layout manager-dependent factors, such as size, location, and orientation of components. Within a focus cycle, components can be navigated in a forward or backward direction. In a hierarchy of focus cycle roots, upwards traversal takes the focus out of the current cycle into the parent cycle. In most Look and Feel models, components are navigated using the Tab and Shift-Tab keys. These keys are the default focus traversal keys and can be changed programmatically. For example, you can add Enter as a forward focus traversal key with the following four lines of code: Set forwardKeys = getFocusTraversalKeys( KeyboardFocusManager.FORWARD_TRAVERSAL_KEYS); Set newForwardKeys = new HashSet(forwardKeys); newForwardKeys.add(KeyStroke.getKeyStroke(KeyEvent.VK_ENTER, 0)); setFocusTraversalKeys(KeyboardFocusManager.FORWARD_TRAVERSAL_KEYS, newForwardKeys); Tab shifts the focus in the forward direction. Shift-Tab moves the focus in the backward direction. For example, in FocusConceptsDemo, the first button has the initial focus. Tabbing moves the focus through the buttons into the text area. Additional tabbing moves the cursor within the text area but not out of the text area because, inside a text area, Tab is not a focus traversal key. However, Control-Tab moves the focus out of the text area and into the first text field. Likewise, Control-Shift-Tab moves the focus out of the text area and into the previous component. The Control key is used by convention to move the focus out of any component that treats Tab in a special way, such as JTable. You have just received a brief introduction to the focus architecture. If you want more details, see the specification for the Focus Subsystem. Validating Input A common requirement of GUI design is a component that restricts the user's input ??? for example, a text field that allows only numeric input in decimal format (money, for example) or a text field that allows only 5 digits for a zip code. Release 1.4 provides a handy, easy-to-use formatted text field component that allows input to be restricted to a variety of localizable formats. You can also specify a custom formatter for the text field, which can perform special checking such as determining whether values are not only formatted correctly, but also reasonable. You can use an input verifier as an alternative to a custom formatter, or when you have a component that is not a text field. An input verifier allows you to reject specific values, such as a properly formatted but invalid zip code, or values outside of a desired range, for example a body temperature higher than 110DEGF. To use an input verifier, you create a subclass of InputVerifier (a class introduced in JDK 1.3), create an instance of your subclass, and set the instance as the input verifier for one or more components. A component's input verifier is consulted whenever the component is about to lose the focus. If the component's value is not acceptable, the input verifier can take appropriate action, such as refusing to yield the focus on the component or replacing the user's input with the last valid value and then allowing the focus to transfer to the next component. However, InputVerifier is not called when the focus is transferred to another toplevel component. The following two examples show mortgage calculators. One uses formatted text fields and the other uses input verification with standard text fields. The InputVerificationDemo and example, which demonstrates __________________________________________________________________ Try this: 1. Click the Launch button to run the FormattedTextFieldDemo using Java(TM) Web Start (download JDK 6 or later). Alternatively, to compile and run the example yourself, consult the example index. Launches the FormattedTextFieldDemo application 2. Click the Launch button to run the InputVerificationDemo using Java(TM) Web Start (download JDK 6 or later). Alternatively, to compile and run the example yourself, consult the example index. Launches the InputVerificationDemo application 3. Compare the two mortgage calculators side by side. You will see that the input verification demo specifies valid input values in the associated label for each editable text field. Try entering badly formatted values in both examples to observe behavior. Then try entering a properly formatted, but unacceptable value. __________________________________________________________________ You can find the code for the Input Verification demo in InputVerificationDemo.java. Here is the code for the InputVerifier subclass, MyVerifier: class MyVerifier extends InputVerifier implements ActionListener { double MIN_AMOUNT = 10000.0; double MAX_AMOUNT = 10000000.0; double MIN_RATE = 0.0; int MIN_PERIOD = 1; int MAX_PERIOD = 40; public boolean shouldYieldFocus(JComponent input) { boolean inputOK = verify(input); makeItPretty(input); updatePayment(); if (inputOK) { return true; } else { Toolkit.getDefaultToolkit().beep(); return false; } } protected void updatePayment() { double amount = DEFAULT_AMOUNT; double rate = DEFAULT_RATE; int numPeriods = DEFAULT_PERIOD; double payment = 0.0; //Parse the values. try { amount = moneyFormat.parse(amountField.getText()). doubleValue(); } catch (ParseException pe) {pe.printStackTrace();} try { rate = percentFormat.parse(rateField.getText()). doubleValue(); } catch (ParseException pe) {pe.printStackTrace();} try { numPeriods = decimalFormat.parse(numPeriodsField.getText()). intValue(); } catch (ParseException pe) {pe.printStackTrace();} //Calculate the result and update the GUI. payment = computePayment(amount, rate, numPeriods); paymentField.setText(paymentFormat.format(payment)); } //This method checks input, but should cause no side effects. public boolean verify(JComponent input) { return checkField(input, false); } protected void makeItPretty(JComponent input) { checkField(input, true); } protected boolean checkField(JComponent input, boolean changeIt) { if (input == amountField) { return checkAmountField(changeIt); } else if (input == rateField) { return checkRateField(changeIt); } else if (input == numPeriodsField) { return checkNumPeriodsField(changeIt); } else { return true; //should not happen } } //Checks that the amount field is valid. If it is valid, //it returns true; otherwise, returns false. If the //change argument is true, this method sets the //value to the minimum or maximum value if necessary and // (even if not) sets it to the parsed number so that it // looks good -- no letters, for example. protected boolean checkAmountField(boolean change) { boolean wasValid = true; double amount = DEFAULT_AMOUNT; //Parse the value. try { amount = moneyFormat.parse(amountField.getText()). doubleValue(); } catch (ParseException pe) { pe.printStackTrace(); wasValid = false; } //Value was invalid. if ((amount < MIN_AMOUNT) || (amount > MAX_AMOUNT)) { wasValid = false; if (change) { if (amount < MIN_AMOUNT) { amount = MIN_AMOUNT; } else { // amount is greater than MAX_AMOUNT amount = MAX_AMOUNT; } } } //Whether value was valid or not, format it nicely. if (change) { amountField.setText(moneyFormat.format(amount)); amountField.selectAll(); } return wasValid; } //Checks that the rate field is valid. If it is valid, //it returns true; otherwise, returns false. If the //change argument is true, this method reigns in the //value if necessary and (even if not) sets it to the //parsed number so that it looks good -- no letters, //for example. protected boolean checkRateField(boolean change) { ...//Similar to checkAmountField... } //Checks that the numPeriods field is valid. If it is valid, //it returns true; otherwise, returns false. If the //change argument is true, this method reigns in the //value if necessary and (even if not) sets it to the //parsed number so that it looks good -- no letters, //for example. protected boolean checkNumPeriodsField(boolean change) { ...//Similar to checkAmountField... } public void actionPerformed(ActionEvent e) { JTextField source = (JTextField)e.getSource(); shouldYieldFocus(source); //ignore return value source.selectAll(); } } Note that the verify method is implemented to detect invalid values but does nothing else. The verify method exists only to determine whether the input is valid ??? it should never bring up a dialog-box or cause any other side effects. The shouldYieldFocus method calls verify and, if a values is invalid, sets it to the minimum or maximum value. The shouldYieldFocus method is allowed to cause side effects, in this case, it always formats the text field and may also change its value. In our example, the shouldYieldFocus method always returns true so that the transfer of the focus is never actually prevented. This is just one way verification can be implemented. Find another version of this demo called InputVerificationDialogDemo that puts up a dialog-box when user input is invalid and requires the user to enter a legal value. The input verifier is installed using the setInputVerifier method of the JComponent class. For example, the InputVerificationDemo has the following code: private MyVerifier verifier = new MyVerifier(); ... amountField.setInputVerifier(verifier); Making a Custom Component Focusable For a component to gain the focus, it must satisfy three requirements: it must be visible, enabled, and focusable. An input map may also be given. For more information about input map, read How to Use Key Bindings. The TrackFocusDemo example defines the simple component Picture. Its constructor is shown below: public Picture(Image image) { this.image = image; setFocusable(true); addMouseListener(this); addFocusListener(this); } The call to the setFocusable(true) method makes the component focusable. If you explicitly give your component key bindings in its WHEN_FOCUSED input map, you do not need to call the setFocusable method. To visually show changes in the focus (by drawing a red border only when the component has the focus), Picture has a focus listener. To gain the focus when the user clicks on the picture, the component has a mouse listener. The listener's mouseClicked method requests for the focus to be transferred to the picture. Here is the code: public void mouseClicked(MouseEvent e) { //Since the user clicked on us, let us get focus! requestFocusInWindow(); } See Tracking Focus Changes to Multiple Components for more discussion of the TrackFocusDemo example. Customizing Focus Traversal The focus subsystem determines a default order that is applied when using the focus traversal keys (such as Tab) to navigate. The policy of a Swing application is determined by LayoutFocusTraversalPolicy . You can set a focus traversal policy on any Container by using the setFocusCycleRoot method. However, if the container is not a focus cycle root, it may have no apparent effect. Alternatively you can pass focus traversal policy providers to the FocusTraversalPolicy methods instead of focus cycle roots. Use the isFocusTraversalPolicyProvider() method to determine whether a Container is a focus traversal policy provider. Use the setFocusTraversalPolicyProvider() method to set a container for providing focus traversal policy. The FocusTraversalDemo example demonstrates how to customize focus behavior. The Focus Traversal Demo, which demonstrates a custom FocusTraversalPolicy. __________________________________________________________________ Try this: 1. Click the Launch button to run FocusTraversalDemo using Java(TM) Web Start (download JDK 6 or later). Alternatively, to compile and run the example yourself, consult the example index. Launches the FocusTraversalDemo application 2. Click the window, if necessary, to give it the focus. 3. Note the focus order as you tab through the components. The focus order was determined by the order that the components were added to the content pane. Note also that the check box never gets the focus; we removed it from the focus cycle. 4. To move the focus out of the table, use Control-Tab or Control-Shift-Tab. 5. Click the Custom FocusTraversalPolicy check box. This box installs a custom focus traversal policy on the frame. 6. Try tabbing through the components again. Note that the focus order is now in left-to-right, top-down order. __________________________________________________________________ You can find the demo's code in FocusTraversalDemo.java. The check box was removed from the focus cycle with this line of code: togglePolicy.setFocusable(false); Here is the application's custom FocusTraversalPolicy: ... JTextField tf1 = new JTextField("Field 1"); JTextField tf2 = new JTextField("A Bigger Field 2"); JTextField tf3 = new JTextField("Field 3"); JTextField tf4 = new JTextField("A Bigger Field 4"); JTextField tf5 = new JTextField("Field 5"); JTextField tf6 = new JTextField("A Bigger Field 6"); JTable table = new JTable(4,3); ... public FocusTraversalDemo() { super(new BorderLayout()); JTextField tf1 = new JTextField("Field 1"); JTextField tf2 = new JTextField("A Bigger Field 2"); JTextField tf3 = new JTextField("Field 3"); JTextField tf4 = new JTextField("A Bigger Field 4"); JTextField tf5 = new JTextField("Field 5"); JTextField tf6 = new JTextField("A Bigger Field 6"); JTable table = new JTable(4,3); togglePolicy = new JCheckBox("Custom FocusTraversalPolicy"); togglePolicy.setActionCommand("toggle"); togglePolicy.addActionListener(this); togglePolicy.setFocusable(false); //Remove it from the focus cycle. //Note that HTML is allowed and will break this run of text //across two lines. label = new JLabel("Use Tab (or Shift-Tab) to navigate from component to component.

Control-Tab (or Control-Shift-Tab) allows you to break out of the JTable."); JPanel leftTextPanel = new JPanel(new GridLayout(3,2)); leftTextPanel.add(tf1, BorderLayout.PAGE_START); leftTextPanel.add(tf3, BorderLayout.CENTER); leftTextPanel.add(tf5, BorderLayout.PAGE_END); leftTextPanel.setBorder(BorderFactory.createEmptyBorder(0,0,5,5)); JPanel rightTextPanel = new JPanel(new GridLayout(3,2)); rightTextPanel.add(tf2, BorderLayout.PAGE_START); rightTextPanel.add(tf4, BorderLayout.CENTER); rightTextPanel.add(tf6, BorderLayout.PAGE_END); rightTextPanel.setBorder(BorderFactory.createEmptyBorder(0,0,5,5)); JPanel tablePanel = new JPanel(new GridLayout(0,1)); tablePanel.add(table, BorderLayout.CENTER); tablePanel.setBorder(BorderFactory.createEtchedBorder()); JPanel bottomPanel = new JPanel(new GridLayout(2,1)); bottomPanel.add(togglePolicy, BorderLayout.PAGE_START); bottomPanel.add(label, BorderLayout.PAGE_END); add(leftTextPanel, BorderLayout.LINE_START); add(rightTextPanel, BorderLayout.CENTER); add(tablePanel, BorderLayout.LINE_END); add(bottomPanel, BorderLayout.PAGE_END); setBorder(BorderFactory.createEmptyBorder(20,20,20,20)); Vector order = new Vector(7); order.add(tf1); order.add(tf2); order.add(tf3); order.add(tf4); order.add(tf5); order.add(tf6); order.add(table); newPolicy = new MyOwnFocusTraversalPolicy(order); } To use a custom FocusTraversalPolicy, implement the following code on any focus cycle root. MyOwnFocusTraversalPolicy newPolicy = new MyOwnFocusTraversalPolicy(); frame.setFocusTraversalPolicy(newPolicy); You can remove the custom focus traversal policy by setting the FocusTraversalPolicy to null, which will restore the default policy. Tracking Focus Changes to Multiple Components In some situations an application may need to track which component has the focus. This information might be used to dynamically update menus or perhaps a status bar. If you need to track the focus only on specific components, it may make sense to implement a focus event listener. If a focus listener is not appropriate, you can instead register a PropertyChangeListener on the KeyboardFocusManager. The property change listener is notified of every change involving the focus, including changes to the focus owner, the focused window, and the default focus traversal policy. See the KeyboardFocusManager Properties table for a complete list. The following example demonstrates tracking the focus owner by installing a property change listener on the keyboard focus manager. The TrackFocusDemo example, which demonstrates tracking the focus owner. __________________________________________________________________ Try this: 1. Click the Launch button to run TrackFocusDemo using Java(TM) Web Start (download JDK 6 or later). Alternatively, to compile and run the example yourself, consult the example index. Launches the TrackFocusDemo application 2. If necessary, click the window to give it the focus. 3. The window shows six images, each of which is displayed by a Picture component. The Picture that has the focus is indicated with a red border. A label at the bottom of the window describes the Picture that has the focus. 4. Move the focus to another Picture by using Tab or Shift-Tab, or by clicking an image. Because a property change listener has been registered on the keyboard focus manager, the change in focus is detected and the label is updated appropriately. __________________________________________________________________ You can view the demo's code in TrackFocusDemo.java. The custom component used for drawing the images can be found in Picture.java. Here is the code that defines and installs the property change listener: KeyboardFocusManager focusManager = KeyboardFocusManager.getCurrentKeyboardFocusManager(); focusManager.addPropertyChangeListener( new PropertyChangeListener() { public void propertyChange(PropertyChangeEvent e) { String prop = e.getPropertyName(); if (("focusOwner".equals(prop)) && ((e.getNewValue()) instanceof Picture)) { Component comp = (Component)e.getNewValue(); String name = comp.getName(); Integer num = new Integer(name); int index = num.intValue(); if (index < 0 || index > comments.length) { index = 0; } info.setText(comments[index]); } } } ); The custom component, Picture, is responsible for drawing the image. All six components are defined in this manner: pic1 = new Picture(createImageIcon("images/" + mayaString + ".gif", mayaString).getImage()); pic1.setName("1"); Timing Focus Transfers Focus transfers are asynchronous. This quality can lead to some odd timing-related problems and assumptions, especially during automatic transfers of the focus. For example, imagine an application with a window containing a Start button, a Cancel button and a text field. The components are added in this order: 1. Start button 2. Text field 3. Cancel button When the application is launched, the LayoutFocusTraversalPolicy determines the focus traversal policy ??? in this case, it is the order that the components were added to their container. In this example, the desired behavior is that the Start button has the initial focus, and when the Start button is clicked, it is disabled, and then the Cancel button receives the focus. The correct way to implement this behavior would be to add the components to the container in the desired order or to create a custom focus traversal policy. If, for some reason, that is not possible, then you can implement this behavior with the following code snippet: public void actionPerformed(ActionEvent e) { //This works. start.setEnabled(false); cancel.requestFocusInWindow(); } As desired, the focus goes from the Start button to the Cancel button, rather than to the text field. But a different result would occur if the same methods were called in the opposite order as follows: public void actionPerformed(ActionEvent e) { //This does not work. cancel.requestFocusInWindow(); start.setEnabled(false); } In this case, the focus is requested on the Cancel button before it has left the Start button. The call to the requestFocusInWindow method initiates the focus transfer, but it does not immediately move the focus to the Cancel button. When the Start button is disabled, the focus is transferred to the next component (so there is always a component with the focus) and, in this case, it would then move the focus to the text field, not to the Cancel button. There are several situations in which you need to make focus requests after all other changes that might affect the focus applies to: * Hiding the focus owner. * Making the focus owner non-focusable. * Calling the removeNotify method on the focus owner. * Doing any of the above operations to the container of the focus owner, or causing changes to the focus policy so that the container no longer accepts the component as the focus owner. * Disposing of the top-level window that contains the focus owner. The Focus API The following tables list the commonly used constructors and methods related to focus. The focus API falls into four categories: * Useful Methods for Components * Creating and Using a Custom FocusTraversalPolicy * Input Verification API * KeyboardFocusManager Properties For more detailed information about the focus architecture, see the specification for the Focus Subsystem. You may also find How to Write a Focus Listener useful. Useful Methods for Components All of this API was introduced in JDK 1.4. Method (in Component) Purpose isFocusOwner() Returns true if the component is the focus owner. This method, introduced in JDK 1.4, renders obsolete hasFocus. setRequestFocusEnabled(boolean) isRequestFocusEnabled() (in JComponent) Sets or checks on whether this component should get the focus. Setting the setRequestFocusEnabled to false typically prevents mouse clicks from giving the component the focus, while still allowing keyboard navigation to give the component the focus. This method applies only to components that receive mouse events. For example, you can use this method on a JButton, but not on a JPanel. If you write a custom component it is up to you to honor this property. This method is recommended over the setFocusable method and will allow your program to work better for users employing assistive technologies. setFocusable(boolean) isFocusable() Sets or gets the focusable state of the component. A component must be focusable in order to gain the focus. When a component has been removed from the focus cycle with setFocusable(false), it can no longer be navigated with the keyboard. The setRequestFocusEnabled method is recommended so that your program can be run by users employing assistive technologies. requestFocusInWindow() Requests that this component should get the focus. The component's window must be the current focused window. For this request to be granted a subclass of JComponent must be visible, enabled, and focusable, and have an input map for this request to be granted. It should not be assumed that the component has the focus until it fires a FOCUS_GAINED event. This method is preferred to the requestFocus method, which is platform-dependent. setFocusTraversalKeys(int, Set) getFocusTraversalKeys(int) areFocusTraversalKeysSet(int) (in java.awt.Container) Sets or gets the focus traversal keys for a particular direction or determines whether any focus traversal keys have been explicitly set on this container. If no focus traversal keys have been set, they are inherited from an ancestor or from the keyboard focus manager. Focus traversal keys can be set for the following directions: KeyboardFocusManager.FORWARD_TRAVERSAL_KEYS, KeyboardFocusManager.BACKWARD_TRAVERSAL_KEYS KeyboardFocusManager.UP_CYCLE_TRAVERSAL_KEYS, or KeyboardFocusManager.DOWN_CYCLE_TRAVERSAL_KEYS. If you set the UP_CYCLE_TRAVERSAL_KEYS or the DOWN_CYCLE_TRAVERSAL_KEYS, you must also invoke setImplicitDownCycleTraversal(false) on the focus traversal policy. Creating and Using a Custom FocusTraversalPolicy Class or Method Purpose LayoutFocusTraversalPolicy The class that, by default, determines the focus traversal policy for Swing components. getComponentAfter(Container, Component) Given the component that is passed as input, returns the component that should next have the focus. getComponentBefore(Container, Component) Given the component that is passed as input, returns the component that should have the focus before this component. The method is used for backward tabbing. getDefaultComponent(Container) (in javax.swing.SortingFocusTraversalPolicy) Returns the component that should have the default focus. getFirstComponent(Container) Returns the first component in the traversal cycle. getInitialComponent(Container) Returns the component that should receive the focus when a window is made visible for the first time. getLastComponent(Container) Returns the last component in the traversal cycle. setFocusTraversalPolicy(FocusTraversalPolicy) getFocusTraversalPolicy(FocusTraversalPolicy) (in java.awt.Container) Sets or gets the focus traversal policy or determines if a policy has been set. Note that setting a focus traversal policy on a container that is not the focus cycle root may have no apparent effect. A value of null means that a policy has not been explicitly set. If no policy has been set, a policy is inherited from the parent focus cycle root. isFocusCycleRoot() setFocusCycleRoot(boolean) (in java.awt.Container) Checks or sets whether a container is the root of a focus traversal cycle. isFocusTraversalPolicyProvider() setFocusTraversalPolicyProvider(boolean) (in java.awt.Container) Checks or sets whether a container will be used to provide focus traversal policy. Input Verification API All of this API was introduced in JDK 1.3. Class or Method Purpose InputVerifier Abstract class that allows input validation via the focus mechanism. When an attempt is made to shift the focus from a component containing an input verifier, the focus is not relinquished until the verifier is satisfied. shouldYieldFocus(JComponent) (in InputVerifier) When a component has an input verifier, this method is called by the system to determine whether the focus can leave this component. This method may cause side effects, such as bringing up a dialog-box. If this method returns false, the focus remains on the component passed in to the method. verify(JComponent) (in InputVerifier) You need to override this method to check that the component's input is valid. It should return true if valid, otherwise return false. This method should not cause any side effects, such as bringing up a dialog-box. This method is called by shouldYieldFocus. setInputVerifier(inputVerifier) getInputVerifier() (in JComponent) Sets or gets the input verifier assigned to the component. By default, components have no input verifier. setVerifyInputWhenFocusTarget(boolean) getVerifyInputWhenFocusTarget() (in JComponent) Sets or gets whether the input verifier for the current focus owner is called before this component requests the focus. The default is true. This method should be set to false for components, such as a Cancel button or a scroll bar, that should receive the focus even if input is invalid. KeyboardFocusManager Properties This table defines the bound properties for KeyboardFocusManager. A listener can be registered for these properties by calling addPropertyChangeListener. All of this API was introduced in JDK 1.4. Property Purpose focusOwner The component that currently receives key events. permanentFocusOwner The component that most recently received a permanent FOCUS_GAINED event. Typically the same as focusOwner, unless a temporary focus change is currently in effect. focusedWindow The window that is or that contains the focus owner. activeWindow The component must always be either a Frame or a Dialog. The active window is either the focused window, or the first frame or dialog-box that is an owner of the focused window. defaultFocusTraversalPolicy The default focus traversal policy, which can be set by the setFocusTraversalPolicy method of the Container class. forwardDefaultFocusTraversalKeys The set of default focus keys for a forward traversal. For multi-line text components, these keys default to Control-Tab. For all other components, these keys default to Tab and Control-Tab. backwardDefaultFocusTraversalKeys The set of default focus keys for a backward traversal. For multi-line text components these keys default to Control-Shift-Tab. For all other components these keys default to Shift-Tab and Control-Shift-Tab. upCycleDefaultFocusTraversalKeys The set of default focus keys for an up cycle. These keys are null, by default, for Swing components. If you set these keys on the KeyboardFocusManager, or if you set the downCycleFocusTraversalKeys on a focus cycle root, you must also invoke the setImplicitDownCycleTraversal(false) method on the focus traversal policy. downCycleDefaultFocusTraversalKeys The set of default focus keys for a down cycle. These keys are null, by default, for Swing components. If you set these keys on the KeyboardFocusManager, or if you set the upCycleFocusTraversalKeys on a focus cycle root, you must also invoke the setImplicitDownCycleTraversal(false) method on the focus traversal policy. currentFocusCycleRoot The container that is the current focus cycle root. Examples that Use Focus The following table lists examples that manipulate the focus: Example Where Described Notes FocusConceptsDemo This section Demonstrates basic default focus behavior. FocusTraversalDemo This section Demonstrates how to override the default focus order. TrackFocusDemo This section Demonstrates how to use a PropertyChangeListener to track the focus owner. Also implements a custom focusable component. InputVerificationDemo This section Demonstrates how to implement an InputVerifier to validate user input. InputVerificationDialogDemo This section Demonstrates how to implement an InputVerifier that puts up a dialog-box when user input is invalid. FocusEventDemo How to Write a Focus Listener Reports all focus events that occur on several components to demonstrate the circumstances under which focus events are fired. << Previous o Trail o Next >> __________________________________________________________________ Problems with the examples? Try Compiling and Running the Examples: FAQs. Complaints? Compliments? Suggestions? Give us your feedback. Your use of this page and all the material on pages under "The Java Tutorials" banner is subject to these legal notices. duke image Oracle logo About Oracle | Oracle Technology Network | Terms of Use Copyright (c) 1995, 2012 Oracle and/or its affiliates. All rights reserved. Previous page: How to Support Assistive Technologies Next page: How to Use Key Bindings A browser with JavaScript enabled is required for this page to operate properly. #RSS Feed for Financial Crisis articles - Telegraph.co.uk < img alt="dcsimg" id="dcsimg" width="1" height="1" src="//webtrends.telegraph.co.uk/dcsshgbi400000gscd62rrg43_4o2o/njs.gif ?MLC=&Channel=&Genre=&Category=&Content_Type=&Level=&source=&dcsuri=/no javascript&WT.js=No&WT.tv=10.2.10&dcssip=www.telegraph.co.uk"/> [p?c1=2&c2=6035736&cv=2.0&cj=1] Accessibility links * Skip to article * Skip to navigation [telegraph_print_190.gif] Advertisement Telegraph.co.uk ___________________ Submit Wednesday 23 January 2013 * Home * News * World * Sport * Finance * Comment * Blogs * Culture * Travel * Life * Fashion * Tech * Dating * Offers * Jobs * Companies * Comment * Personal Finance * Economics * Markets * Festival of Business * Your Business * Business Club * Money Deals 1. Home» 2. Finance» 3. Financial Crisis Debt crisis: Europe ratchets up grip on Madrid The EU-IMF Troika in charge of Spain's €60bn (£48bn) bank rescue is to demand much tougher action by the country's authorities to clean up toxic debts, risking a clash that could deter Madrid from requesting a full sovereign bail-out. Image 1 of 2 A shop-keeper cries while looking at the window of her shop, broken by protesters in downtown Barcelona during the Spanish general strike. Photo: Rex Features The EU-IMF Troika in charge of Spain's €60bn (£48bn) bank rescue is to demand much tougher action by the country's authorities to clean up toxic debts, risking a clash that could deter Madrid from requesting a full sovereign bail-out. Image 1 of 2 The region of Madrid said on Tuesday it was shelving a bond auction until markets brightened. The move came after Moody's downgraded five regions, including Andalucia and Catalonia, citing "large debt redemptions" in the final quarter of this year. It expects further regional bail-outs in 2013, raising fresh problems since the €18bn regional fund is exhausted. Photo: Reuters Ambrose Evans-Pritchard By Ambrose Evans-Pritchard, International Business Editor 9:04PM BST 23 Oct 2012 Comments Comments BNM Mare Nostrum, and other mid-tier "Group 2" banks such as Popular, Caja 3, and Liberbank, have little chance of tapping the markets to cover most of their capital deficits, according to Troika officials. They are also losing patience with the glacial pace of cuts at Bankia and other nationalised lenders such as Catalunya-Caixa and Banco Valencia, according to the Spanish newspaper El Confidencial. Brussels fears a repeat of the fiasco at Bankia, which had to be rescued just weeks after its recapitalisation plans had been approved. "We have had too many bad experiences with financial restructuring in Spain to be sure the plans will work this time," said one official. Some of the banks are assuming large capital gains on assets that are in fact deeply underwater, and are counting on a 20pc rise in the IBEX index of stocks by the end of the year. Madrid may see the escalating demands of the Troika as a foretaste of what could happen if Spain requests a sovereign rescue from the European Stability Mechanism (ESM), the pre-condition for the European Central Bank to start buying Spanish bonds. Related Articles * Markets fall as Draghi bond plan 'too vague' 02 Aug 2012 * Euro tumbles as Asian funds shun EU chaos 12 Jul 2012 * Debt crisis: Spain bows to EU ultimatum with drastic cuts 11 Jul 2012 * Germans in court battle to block eurozone bailouts 10 Jul 2012 * Spain sinks deeper into recession in third quarter 30 Oct 2012 * Debt crisis: ECB pledges action as southern Europe buckles 09 Jul 2012 Premier Mariano Rajoy is hoping to secure a bail-out with minimal conditions under a "precautionary credit line", but this is illegal for countries that have lost market access. German lawmakers have warned that the Bundestag will impose tough terms which may include cuts to public sector jobs, a neuralgic issue in Spain. Yesterday the Bank of Spain said the economy had contracted by 0.4pc in the third quarter. This was less than expected but may have been distorted by a rush of sales before a rise in VAT last month. "The worst of the contraction is still to come," said Ricardo Santos from BNP Paribas. Mr Rajoy's task keeps growing. Eurostat has ruled that the budget deficit was 9.4pc of GDP last year, not 8.9pc. The deficit this year is now likely to be 7.3pc, a full percentage point above the target. The deficit in the social security fund also reached a record 1pc of GDP, as unemployment of 25pc erodes the contributor base. Mr Rajoy told the senate that the pace of tightening was too severe. "Things can be done more gently, given that we are in a recession, but we won't give up on our commitments," he said. The yield spread on Spanish 10-year bonds over Bunds – the "risk premium" – punched back above 400 basis points, while the IBEX slipped 1.64pc, as optimism from last week's EU summit faded. Investors have begun to home in on comments by German chancellor Angela Merkel that the ESM will not carry the legacy costs of Spain's banking crisis. The burden will instead fall on the Spanish state. This will be 4pc of GDP on official estimates, or nearer 10pc if the pessimists are right about the true scale of property debts. The International Monetary Fund said earlier this month that Spain "must be able to recapitalise banks without adding to sovereign debt" if it is to recover. Adrian Zunzunegui from Cheuvreux said the underlying crisis was "still getting worse" as fiscal austerity ravages the tax base. "We believe the budget deficit will stand at 8pc in 2012." The region of Madrid said on Tuesday it was shelving a bond auction until markets brightened. The move came after Moody's downgraded five regions, including Andalucia and Catalonia, citing "large debt redemptions" in the final quarter of this year. It expects further regional bail-outs in 2013, raising fresh problems since the €18bn regional fund is exhausted. Mounting problems in France can only make matters worse. French business confidence plunged in October from 90 to 85, the lowest since the depths of recession in mid-2009. France has been stuck at zero growth for over a year but seems to have buckled in the late summer, perhaps because of president Francois Hollande's clash with business leaders. Firms face an extra €10bn in taxes in the latest budget. The business lobby Medef says investment is frozen and the private sector is in "semi-panic". Andrew Roberts from RBS said Spain's debt crisis is in limbo as markets wait for Mr Rajoy to pick up the telephone to Brussels. "Spain is still deteriorating 'credit' but nobody in financial markets is going to short Spanish debt as long as the ECB is standing there ready to intervene. Rajoy can hold on as long as yields stay down, playing his game of cat and mouse with the Troika. "The ECB has kicked the can into 2013 but the day of reckoning for EMU has yet to come," he said. Financial Crisis * Spain » * Finance » * Ambrose Evans-Pritchard » * Economics » * Business Latest News » In Finance » Top 10 coolest offices in the UK Autumn Statement: family tax bombshell over new black hole In Financial Crisis Debt crisis: live A police officer uses a shield to protect himself from milk being sprayed by dairy farmers, during a protest at the European Parliament Dairy farmers protest A protester holds a flare during a demonstration in Lisbon, Portugal Strikes across Europe EU budget talks hit impasse EU budget talks collapse We take a closer look at Britain's contribution to the EU budget, how Brussels spends it, and who pays the most. EU budget: who pays what and how it is spent Advertisement telegraphuk Please enable JavaScript to view the comments powered by Disqus. blog comments powered by Disqus Advertisement Advertisement Finance Most Viewed * TODAY * PAST WEEK * PAST MONTH 1. Britain becomes Germany's biggest trade partner as Berlin-London pact deepens 2. Revolutionary Japan is suddenly the centre of world affairs 3. UK public borrowing rises in December threatening AAA rating 4. Sir Stuart Rose named as new Ocado chairman 5. Tax rises by 19pc for UK firms despite corporation rate cut 1. Revolutionary Japan is suddenly the centre of world affairs 2. A new Gold Standard is being born 3. Blockbuster calls in administrators 4. Bundesbank to pull gold from New York and Paris in watershed moment 5. Britain becomes Germany's biggest trade partner as Berlin-London pact deepens 1. Stocks to soar as world money catches fire, Calvinst Europe left behind 2. Revolutionary Japan is suddenly the centre of world affairs 3. China blazes trail for 'clean' nuclear power from thorium 4. Waitrose boss: Britons should brace themselves for 'massive' food price hikes 5. HMRC publishes pictures of Britain's top tax cheats Advertisement MORE FROM TELEGRAPH.CO.UK Telegraph Cottage Holidays Valentines cottage breaks from £170, book before Jan 31, 2013 for a chance to win a Kindle View Energy Switching Money-saving checklist Don't put up with high energy bills this winter. Switch to a cheaper deal in minutes View Vistaprint Vistaprint, Business Cards, Business stationary, Business, business owner Telegraph offers: free mugs, business cards, t-shirts and more View Telegraph Travel Hand-picked Seven-nights B&B at a luxury hotel in Malta View Back to top * HOME * Finance * Financial Crisis * Debt Crisis Live * Markets * Banks and Finance * City Diary * Economics * Transport * Media and Telecoms * Energy * Retail News * Consumer Tips * Insurance * Personal Finance * Your Business * Investing * Savings * Student Finance * Jobs * Job Search * Companies * China business * Money Deals * Money Transfers * Comment * Alex * Fund Game * Contact Us * Privacy and Cookies * Advertising * Fantasy Football * Tickets * Announcements * Reader Prints * * Follow Us * Apps * Epaper * Expat * Promotions * Subscriber * Syndication © Copyright of Telegraph Media Group Limited 2013 Terms and Conditions Today's News Archive Style Book Weather Forecast #alternate * Log In * Register Now * Help * Home Page * Today's Paper * Video * Most Popular Edition: U.S. / Global Search All NYTimes.com ____________________ Search New York Times Global Business With Reuters * World * U.S. * N.Y. / Region * Business * Technology * Science * Health * Sports * Opinion * Arts * Style * Travel * Jobs * Real Estate * Autos ____________________ Search * Global * DealBook * Markets * Economy * Energy * Media * Personal Tech * Small Business * Your Money [Print_Subs_728x90pxl_Generic.jpg] Europe Postpones Vote on Gender Quota Plan By JAMES KANTER Published: October 23, 2012 BRUSSELS — A proposal to require company boards to be made up of at least 40 percent women was set aside on Tuesday by the European Commission because of concerns about its legality and tough opposition from across the European Union. Andrew Testa for The International Herald Tribune Viviane Reding is pushing for a mix of men and women on company boards. Viviane Reding, the European commissioner for justice and the author of the legislation, said the postponement would give commissioners time to consider a compromise. “There is still 40 percent,” Ms. Reding said in Strasbourg on Tuesday. “But the way to arrive there has been looked at in a different way.” “The debate was very intense,” she said, explaining that the discussion on the legality of any quota was one of the reasons the meeting took several hours. The issue has divided the European Union, with Britain leading the countries that regard the rules as counterproductive and unworkable. In the hours before the meeting, commission officials had sought to overcome the opposition while keeping the main features of the legislation. But those efforts were not enough to reach agreement. Mark Gray, a spokesman for José Manuel Barroso, the president of the commission, said the body “decided to take a little more time so that it can reach an ambitious consensus” and that it would next meet on Nov. 14 to discuss the legislation. Under one possible compromise, the commission could agree to modify the measure by letting national governments determine whether any sanctions should apply to companies and organizations that failed to take steps like introducing transparent selection criteria to give more consideration to women. Ms. Reding had intended penalties like fines or the blocking of appointments if a board tilted too heavily toward one gender. The legislation had been written so that corporate boards that did not include at least 40 percent men could also risk sanctions. “Such a controversial proposal was never going to get an easy ride,” said Audrey Williams, a partner in London at Eversheds, a law firm. “To address concerns that the proposed directive could be unlawful, that could mean a significant watering down of the sanctions facing companies that don’t reach any target.” Organizations in favor of tough measures warned against wholesale changes to the legislation. “Already, the previous draft texts were excessively weak, applying only to non-executive positions on boards of the largest publicly quoted companies, and leaving the question of sanctions up to the discretion of the member states,” Leanda Barrington-Leach of the European Women’s Lobby, a private organization in Brussels, said. “How much weaker can it possibly get?” Britain firmly opposed introducing legally binding provisions, on the ground that more time was needed gauge the results of voluntary national measures. The Netherlands and at least seven other countries, including Malta, the Czech Republic, Latvia and Bulgaria, shared this position. In another case focused on gender equality, Herman Van Rompuy, the president of the European Council, told the European Parliament on Tuesday that the appointment of Yves Mersch to the executive board of the European Central Bank should proceed. The Parliament’s influential economic and monetary affairs committee voted to reject the appointment of Mr. Mersch on Monday night on the ground that it would keep the executive board as an all-male preserve. The full Parliament will vote Thursday on the appointment. Although the Parliament does not have the power to require that women be considered for E.C.B. board appointments and is supposed to play only an advisory role in such selections, a vote on Thursday against Mr. Mersch could further complicate the nomination by putting governments in the position of rejecting the opinion of the only directly elected body representing the Union on the sensitive issue of gender equality. Mr. Van Rompuy encouraged legislators to consider the “sole criteria of professional qualification and experience” in the case of Mr. Mersch. Mr. Mersch is known for his hawkish stance on inflation and was nominated by euro area finance ministers in July to succeed José Manuel González-Páramo of Spain. A version of this article appeared in print on October 24, 2012, on page B2 of the New York edition with the headline: Europe Postpones Vote on Corporate Quota for Women. 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Home» 2. Finance» 3. Financial Crisis Debt crisis: Europe ratchets up grip on Madrid The EU-IMF Troika in charge of Spain's €60bn (£48bn) bank rescue is to demand much tougher action by the country's authorities to clean up toxic debts, risking a clash that could deter Madrid from requesting a full sovereign bail-out. Image 1 of 2 A shop-keeper cries while looking at the window of her shop, broken by protesters in downtown Barcelona during the Spanish general strike. Photo: Rex Features The EU-IMF Troika in charge of Spain's €60bn (£48bn) bank rescue is to demand much tougher action by the country's authorities to clean up toxic debts, risking a clash that could deter Madrid from requesting a full sovereign bail-out. Image 1 of 2 The region of Madrid said on Tuesday it was shelving a bond auction until markets brightened. The move came after Moody's downgraded five regions, including Andalucia and Catalonia, citing "large debt redemptions" in the final quarter of this year. It expects further regional bail-outs in 2013, raising fresh problems since the €18bn regional fund is exhausted. Photo: Reuters Ambrose Evans-Pritchard By Ambrose Evans-Pritchard, International Business Editor 9:04PM BST 23 Oct 2012 Comments Comments BNM Mare Nostrum, and other mid-tier "Group 2" banks such as Popular, Caja 3, and Liberbank, have little chance of tapping the markets to cover most of their capital deficits, according to Troika officials. They are also losing patience with the glacial pace of cuts at Bankia and other nationalised lenders such as Catalunya-Caixa and Banco Valencia, according to the Spanish newspaper El Confidencial. Brussels fears a repeat of the fiasco at Bankia, which had to be rescued just weeks after its recapitalisation plans had been approved. "We have had too many bad experiences with financial restructuring in Spain to be sure the plans will work this time," said one official. Some of the banks are assuming large capital gains on assets that are in fact deeply underwater, and are counting on a 20pc rise in the IBEX index of stocks by the end of the year. Madrid may see the escalating demands of the Troika as a foretaste of what could happen if Spain requests a sovereign rescue from the European Stability Mechanism (ESM), the pre-condition for the European Central Bank to start buying Spanish bonds. Related Articles * Markets fall as Draghi bond plan 'too vague' 02 Aug 2012 * Euro tumbles as Asian funds shun EU chaos 12 Jul 2012 * Debt crisis: Spain bows to EU ultimatum with drastic cuts 11 Jul 2012 * Germans in court battle to block eurozone bailouts 10 Jul 2012 * Spain sinks deeper into recession in third quarter 30 Oct 2012 * Debt crisis: ECB pledges action as southern Europe buckles 09 Jul 2012 Premier Mariano Rajoy is hoping to secure a bail-out with minimal conditions under a "precautionary credit line", but this is illegal for countries that have lost market access. German lawmakers have warned that the Bundestag will impose tough terms which may include cuts to public sector jobs, a neuralgic issue in Spain. Yesterday the Bank of Spain said the economy had contracted by 0.4pc in the third quarter. This was less than expected but may have been distorted by a rush of sales before a rise in VAT last month. "The worst of the contraction is still to come," said Ricardo Santos from BNP Paribas. Mr Rajoy's task keeps growing. Eurostat has ruled that the budget deficit was 9.4pc of GDP last year, not 8.9pc. The deficit this year is now likely to be 7.3pc, a full percentage point above the target. The deficit in the social security fund also reached a record 1pc of GDP, as unemployment of 25pc erodes the contributor base. Mr Rajoy told the senate that the pace of tightening was too severe. "Things can be done more gently, given that we are in a recession, but we won't give up on our commitments," he said. The yield spread on Spanish 10-year bonds over Bunds – the "risk premium" – punched back above 400 basis points, while the IBEX slipped 1.64pc, as optimism from last week's EU summit faded. Investors have begun to home in on comments by German chancellor Angela Merkel that the ESM will not carry the legacy costs of Spain's banking crisis. The burden will instead fall on the Spanish state. This will be 4pc of GDP on official estimates, or nearer 10pc if the pessimists are right about the true scale of property debts. The International Monetary Fund said earlier this month that Spain "must be able to recapitalise banks without adding to sovereign debt" if it is to recover. Adrian Zunzunegui from Cheuvreux said the underlying crisis was "still getting worse" as fiscal austerity ravages the tax base. "We believe the budget deficit will stand at 8pc in 2012." The region of Madrid said on Tuesday it was shelving a bond auction until markets brightened. The move came after Moody's downgraded five regions, including Andalucia and Catalonia, citing "large debt redemptions" in the final quarter of this year. It expects further regional bail-outs in 2013, raising fresh problems since the €18bn regional fund is exhausted. Mounting problems in France can only make matters worse. French business confidence plunged in October from 90 to 85, the lowest since the depths of recession in mid-2009. France has been stuck at zero growth for over a year but seems to have buckled in the late summer, perhaps because of president Francois Hollande's clash with business leaders. Firms face an extra €10bn in taxes in the latest budget. The business lobby Medef says investment is frozen and the private sector is in "semi-panic". Andrew Roberts from RBS said Spain's debt crisis is in limbo as markets wait for Mr Rajoy to pick up the telephone to Brussels. "Spain is still deteriorating 'credit' but nobody in financial markets is going to short Spanish debt as long as the ECB is standing there ready to intervene. Rajoy can hold on as long as yields stay down, playing his game of cat and mouse with the Troika. "The ECB has kicked the can into 2013 but the day of reckoning for EMU has yet to come," he said. Financial Crisis * Spain » * Finance » * Ambrose Evans-Pritchard » * Economics » * Business Latest News » In Finance » Top 10 coolest offices in the UK Autumn Statement: family tax bombshell over new black hole In Financial Crisis Debt crisis: live A police officer uses a shield to protect himself from milk being sprayed by dairy farmers, during a protest at the European Parliament Dairy farmers protest A protester holds a flare during a demonstration in Lisbon, Portugal Strikes across Europe EU budget talks hit impasse EU budget talks collapse We take a closer look at Britain's contribution to the EU budget, how Brussels spends it, and who pays the most. EU budget: who pays what and how it is spent Advertisement telegraphuk Please enable JavaScript to view the comments powered by Disqus. blog comments powered by Disqus Advertisement Advertisement Finance Most Viewed * TODAY * PAST WEEK * PAST MONTH 1. Britain becomes Germany's biggest trade partner as Berlin-London pact deepens 2. Revolutionary Japan is suddenly the centre of world affairs 3. UK public borrowing rises in December threatening AAA rating 4. Sir Stuart Rose named as new Ocado chairman 5. Tax rises by 19pc for UK firms despite corporation rate cut 1. Revolutionary Japan is suddenly the centre of world affairs 2. A new Gold Standard is being born 3. Blockbuster calls in administrators 4. Bundesbank to pull gold from New York and Paris in watershed moment 5. Britain becomes Germany's biggest trade partner as Berlin-London pact deepens 1. Stocks to soar as world money catches fire, Calvinst Europe left behind 2. Revolutionary Japan is suddenly the centre of world affairs 3. China blazes trail for 'clean' nuclear power from thorium 4. Waitrose boss: Britons should brace themselves for 'massive' food price hikes 5. HMRC publishes pictures of Britain's top tax cheats Advertisement MORE FROM TELEGRAPH.CO.UK Telegraph Cottage Holidays Valentines cottage breaks from £170, book before Jan 31, 2013 for a chance to win a Kindle View Energy Switching Money-saving checklist Don't put up with high energy bills this winter. Switch to a cheaper deal in minutes View Vistaprint Vistaprint, Business Cards, Business stationary, Business, business owner Telegraph offers: free mugs, business cards, t-shirts and more View Telegraph Travel Hand-picked Seven-nights B&B at a luxury hotel in Malta View Back to top * HOME * Finance * Financial Crisis * Debt Crisis Live * Markets * Banks and Finance * City Diary * Economics * Transport * Media and Telecoms * Energy * Retail News * Consumer Tips * Insurance * Personal Finance * Your Business * Investing * Savings * Student Finance * Jobs * Job Search * Companies * China business * Money Deals * Money Transfers * Comment * Alex * Fund Game * Contact Us * Privacy and Cookies * Advertising * Fantasy Football * Tickets * Announcements * Reader Prints * * Follow Us * Apps * Epaper * Expat * Promotions * Subscriber * Syndication © Copyright of Telegraph Media Group Limited 2013 Terms and Conditions Today's News Archive Style Book Weather Forecast Whoops! Your browser sent a request that we were unable to process, clearing the browser cache and cookies is a good first step to try to resolve the issue. Instructions for clearing cache and cookies are different for each browser and version. Google has outlined the steps for all major browsers: Clearing cache and cookies #A to Z BBC Help Terms of Use BBC Accessibility links * Skip to content * Skip to local navigation * Accessibility Help bbc.co.uk navigation * News * Sport * Weather * Travel * Future * Autos * TV * Radio * More… Search term: ____________________ (Submit) Search BBC News Business * Home * UK * Africa * Asia * Europe * Latin America * Mid-East * US & Canada * Business * Health * Sci/Environment * Tech * Entertainment * Video * Asia Business * Market Data * Economy * Companies 23 October 2012 Last updated at 20:43 GMT Share this page * Delicious * Digg * Facebook * reddit * StumbleUpon * Twitter * Email * Print King says banks must raise their capital levels Governor of the Bank of England Sir Mervyn King Please turn on JavaScript. Media requires JavaScript to play. Sir Meryn King: "Creditors must acknowledge further likely losses" Continue reading the main story UK Economy * The never-ending search for work * Four steps to getting a job * How to write a successful CV * UK's productivity puzzle The UK and other major economies will remain weak until banks have sufficient capital to absorb "likely" future losses from bad loans, the governor of the Bank of England has warned. Sir Mervyn King said this was because the banks' current "insufficient capital" was continuing to deter them from lending to households and firms. He added that banks needed to accept that further bad debts were expected. Sir Mervyn said only such a change could allow economies to prosper again. "I am not sure that advanced economies in general will find it easy to get out of their current predicament without creditors acknowledging further likely losses, a significant writing down of asset values and recapitalisation of their financial systems," he said. "Only then will it be possible to return to a more normal provision of vital banking services so crucial to an economic recovery". 'Encouraging signs' Speaking at an event in Cardiff, Sir Mervyn said the government and Bank of England's latest effort to boost bank lending - the Funding for Lending scheme - must be used as a "window of opportunity" to "restore the capital position of the UK banking system". Yet he said the initiative could only be "temporary". Continue reading the main story “Start Quote For what it is worth, some may well see Sir Mervyn's attack on helicopter money as an attack on a candidate to succeed him as governor” End Quote image of Robert Peston Robert Peston Business editor __________________________________________________________________ * Read more from Robert Under the Funding for Lending scheme, commercial banks can borrow up to £60bn from the Bank of England at a low rate of interest. Turning his attention to the wider economy, and with the latest UK economic growth figures out on Thursday, Sir Mervyn said the economy was "barely higher than two years ago". Yet he added that there were "encouraging signs", particularly in the jobs market. He added that the Bank of England would "think long and hard" before it decides to increase its programme of quantitative easing (QE) from the current level of £375bn. Under QE the Bank pumps fresh money into the banking system to try to boost lending. More on This Story UK Economy Unemployment * Mike Bailes, Hayley Connor The never-ending search for work Unemployment figures show that, despite a drop in the number of people out of work, many people are still looking for a job - but there are hundreds of thousands of job vacancies. ______________________________________________________________ * Four steps to getting a job * How to write a successful CV * UK's productivity puzzle * Where to find help for financial problems * High Street casualties Basics * What is GDP? * What is inflation? * What is quantitative easing? * Is inflation making you poorer? * The growing firms creating jobs * UK GDP: News and reaction Related Internet links * Bank of England The BBC is not responsible for the content of external Internet sites Share this page * Delicious * Digg * Facebook * reddit * StumbleUpon * Twitter * Email * Print More Business stories RSS * Greek striking workers in Athens in December 2012 IMF: Global recovery 'weakening' The International Monetary Fund warns again of a weakening global economic recovery, despite government efforts to stimulate growth. * French 'red carpet' for UK firms * Fixing banking too slow, Davos hears Top Stories * UK Prime Minister David Cameron walks past a map of the EU after his speech in London, 23 January EU leaders warn Cameron over poll * IMF: Global recovery 'weakening' * India urged to reform rape trials * Angry Clinton hits out at senator * Many dead in Iraqi mosque bomb Features & Analysis * Johnny Cash Prison blues Did music star Johnny Cash improve life for US convicts? ______________________________________________________________ * Man holding a pigeon Winging it Watch What if GPS trackers were strapped to racing pigeons? ______________________________________________________________ * Yair Lapid (22/01/13) Political kingmaker Rise of Israeli celebrity-turned-politician Yair Lapid ______________________________________________________________ * French soldiers patrol down the Champs Elysees avenue near the Arc de Triomphe in Paris In the firing line Top French judge fears 'new jihad' from North Africa ______________________________________________________________ Most Popular Shared 1. 1: Alcohol 'disrupts sleep cycles' 2. 2: Most parents 'lie to children' 3. 3: Norway cheese fire closes tunnel 4. 4: Massive melting of Andes glaciers 5. 5: PM pledges in/out referendum on EU Read 1. 1: Clinton to testify on Benghazi 2. 2: Apple pulls app due to 'child porn' 3. 3: Confusion over Beyonce lip-syncing 4. 4: PM pledges in/out referendum on EU 5. 5: France 'red carpet' for UK firms 6. 6: First Firefox smartphones revealed 7. 7: Helicopter crash details emerge 8. 8: Most parents 'lie to children' 9. 9: Alcohol 'disrupts sleep cycles' 10. 10: Algeria hostage's wife 'so proud' Video/Audio 1. 1: Clinton testifies on Benghazi attack Watch 2. 2: Clinton: We must support 'emerging democracies' Watch 3. 3: Experts test 'bomb-proof' train Watch 4. 4: 'This will be an in/out referendum' Watch 5. 5: Beyonce sings at Obama ceremony Watch 6. 6: Europe chilly on Cameron speech Watch 7. 7: Can GPS trackers save pigeon racing? 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REUTERS/David Moir Exploring the year ahead Last year we asserted that: investment banking dreams would die, the euro would stick together but live dangerously, grey market trading would suck life from IPOs (particularly Facebook's), corporate carve-ups would continue apace (including News Corp), and China's growth would dip below 8%. Now read what we have to say about 2013... Read the e-book Read 1. Former Microsoft executive says CEO Ballmer culls internal rivals to retain power 22 Jan 2013 2. Rape charge against Stuart Hall deepens BBC scandal 2:19am GMT 3. Steve Jobs threatened patent suit to enforce no-hire policy: filing 2:49am GMT 4. The Swiss turn on the super-rich 21 Jan 2013 5. Selfish, ignorant, dangerous: Europe's anger over Cameron speech 3:50pm GMT Discussed * 7 Sahara hostage siege turns Mali war global * 7 Algeria ends desert siege, but dozens killed * 7 Fiat sees at least 100,000 Jeeps made in China in 2014 IFRAME: eFC-jobSearchWidget Europe must help Mali against Islamist rebels - Germany IFRAME: http://www.facebook.com/plugins/like.php?href=http%3A%2F%2Fuk.reuters.c om%2Farticle%2F2012%2F10%2F23%2Fuk-germany-mali-idUKBRE89M15S20121023&l ayout=standard&show_faces=false&width=450&action=recommend&colorscheme= light&height=35 * Tweet Link this Share this BERLIN (Reuters) - Europe must help restore security in Mali, hit by an Islamist insurgency in its north, and could lend support through military training to an African-led mission, Germany's Foreign Minister said on Tuesday. Guido Westerwelle said... Email Print Related Topics * World >> * Africa >> German Foreign Minister Guido Westerwelle addresses the 67th session of the United Nations General Assembly at U.N. headquarters in New York, September 28, 2012. REUTERS/Mike Segar German Foreign Minister Guido Westerwelle addresses the 67th session of the United Nations General Assembly at U.N. headquarters in New York, September 28, 2012. Credit: Reuters/Mike Segar BERLIN | Tue Oct 23, 2012 7:13pm BST BERLIN (Reuters) - Europe must help restore security in Mali, hit by an Islamist insurgency in its north, and could lend support through military training to an African-led mission, Germany's Foreign Minister said on Tuesday. Guido Westerwelle said after talks in Berlin with the U.N.'s envoy to the Sahel, Romano Prodi, he was extremely worried about the situation. "From the north of Mali you need to cross only one international border and you are at the Mediterranean. If the north collapses, if terrorist training camps spring up and it becomes a haven for global terrorism, this won't just endanger Mali and North Africa, it will also threaten us in Europe." "There will be support from Germany and Europe, it is not about fighting troops but support through the training of an African mission," he added. Regional leaders and international organisations including the African Union met in Mali's capital Bamako last week to seek a response to the occupation of the north by al Qaeda-linked Islamists, but failed to resolve differences on how to tackle the growing security threat. "In Mali we have the division of a country which in fact wants to and must be reunited. I absolutely agree with Minister Westerwelle that there cannot be a direct intervention by Europe. It's a problem that needs above all to be solved by the Africans," Prodi said. "We need to look at all alternatives and not fixate on a military option," he added. Mali descended into chaos in March when soldiers toppled the president, leaving a power vacuum that enabled Tuareg rebels to seize two-thirds of the country. But Islamist extremists, some allied with al Qaeda, hijacked the revolt and then imposed harsh Islamic law in a desert region the size of France. Mali, West African regional body ECOWAS and the African Union have asked the U.N. Security Council to back an international military intervention to help Mali reclaim the north. But the 15-member council wants a more detailed plan before it will approve such an operation. The conflict has exacerbated a deteriorating humanitarian and security situation in the turbulent Sahel area - a belt of land spanning nearly a dozen of the world's poorest countries on the southern rim of the Sahara - where millions are on the brink of starvation due to drought. (Reporting by Alexandra Hudson; Editing by Jon Hemming) World Africa IFRAME: http://www.facebook.com/plugins/like.php?href=http%3A%2F%2Fuk.reuters.c om%2Farticle%2F2012%2F10%2F23%2Fuk-germany-mali-idUKBRE89M15S20121023&l ayout=standard&show_faces=false&width=450&action=recommend&colorscheme= light&height=35 * Tweet this * Link this * Share this * Digg this * Email * Reprints Comments (0) This discussion is now closed. 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Home» 2. Education» 3. Education News Ofqual: 'We have to cheat, nanny and fiddle', teachers say Teachers have admitted “fiddling” exam grades and cheating to keep up with rivals they distrust, a report by Ofqual claims, as one reveals: “We have to cheat because other schools will be doing so.” Ofqual has written to exam boards, asking them to identify schools that are abusing rules on Ofqual has written to exam boards, asking them to identify schools that are abusing rules on "extra time" in GCSEs. Photo: ALAMY By Hannah Furness 1:28PM GMT 02 Nov 2012 IFRAME: http://platform.twitter.com/widgets/follow_button.html?show_screen_name =false&show_count=true&screen_name=Hannah_Furness Comments Comments Teachers' unions have today condemned the findings of an Ofqual report into this year's GCSE exam result fiasco as an“insult” and “diversion”, which “flies in the face of the evidence”. But interviews conducted and collated by the exam watchdog appear to show teachers, under “strange and unhealthy pressures” to boost students’ grades and ensure they succeed, admitting to asking children to rewrite work and cheating on coursework assessments. The report had found evidence of teachers over-marking their students’ work, with the pressure of getting pupils to at least a grade C forcing them to compromise their professional principles. The anonymous confessions, published in Ofqual’s official report, condemn the “woolly, unreliable, loose assessment system” and bemoan a mark scheme “so vague you can drive a coach and horses through it.” One teacher accused the system of controlled assessment, where pupils are supposed to complete work at school under strict conditions, of “creating suspicion and distrust between schools”. Related Articles * How teachers cheat in the classroom 04 Nov 2012 * 'Superhead' knew teachers were fiddling GCSE results, tribunal hears 12 Nov 2012 * Teachers condemn 'outrageous' GCSE report 02 Nov 2012 * Ofqual: Children were 'let down' by GCSE fiasco 02 Nov 2012 * School text book that mixed up Jews and Muslims withdrawn 02 Nov 2012 * Students using 'sob stories' for extra marks 24 Mar 2009 Another claimed he had been instructed to cheat in order to keep up with other schools and was encouraged to "fiddle" results, while a third suggested pupils must be "nannied through every stage". The evidence was compiled by Ofqual from interviews with more than 100 participating schools, and extracts taken from the TES web forum for teachers. A separate report this week showed how some 130 schools were penalised for cheating, with a further 60 teachers penalised for 'malpractice'. In their own words: how teachers were pressured into bending the system Quote I've just read my school e-mail to find the instructions for getting the CA [controlled assesssment] folders together, and including the instruction ‘All folders must be at or above target grade.’ This is being done by either getting kids to rewrite CAs after they've been marked, or by fiddling the Speaking and Listening grades to make up for lost marks on the written work. When I've dared to suggest that the CAs should be done in exam conditions and that lots of schools are doing that, I'm told that that is rubbish, that CAs are really coursework, and that we have to cheat because other schools will be doing so, and we cannot afford to let our results slip at all. Quote The drive to achieve targets is definitely corrupting and I loathe being made to feel that I am not doing right by my students because I am not making them stay behind after school week after week to rewrite the bloody things. Quote The school felt that proper regulation of CA was well-nigh impossible and that controlled conditions were being interpreted very differently in different schools. This was creating suspicion and distrust between schools. Quote I feel I am being made to cheat. I've taught the kids and then let them do the tasks - we have to do them in the classrooms, except for those who need access arrangements, who are under the beady eye of external invigilators. I taught my kids, gave them the opportunity to make notes, and then did the damned things like an exam. Result? Lots of them underperformed against their targets. Not good enough. This work, I am told, is really coursework, and has to be at target grade, or they will not reach their targets at the end of the course. Others in the department have done marked drafts. I'm now feeling pressured to get some of mine to redo various pieces. I've voiced my objections, but have been told that the long and the short of it is that they have to be nannied through at every stage - there is disbelief when I say that some schools are doing the CAs as exams. I resent the implication that I am failing my kids, when actually what they produce is probably more accurate as an indication of their abilities than their target grades are. The sooner this nonsense is stopped and we go back to 100 per cent exams, the better. Quote Wide variety of methods for putting CA in place, such as students writing a first draft which was then given written comments by teacher. This being subsequently written up by a student. Doesn’t feel like a level playing field.” Quote The mark scheme is so vague you can drive a coach and horses through it. Quote However, the real problem is that no matter what syllabus we teach, we will still be expected to get students up to grades that are unrealistic and we will still be expected to 'teach to the test' to get them through. The pressure on teachers to get results is preventing us from doing any real teaching. Quote We have been asked to rework controlled assessments, mark them and give them back for improvement. In some cases we are virtually writing them for the students. This to me is no different to coursework and raises the issue of why coursework was replaced. Education News * News » * UK News » * Secondary education » * Education » * Mobile » In Education News Times tables key to good maths, inspectors say Children to be marked up for using long division in maths On your marks: young children enjoy some healthy competition Pupils of 11 who can't catch a ball Michael Rosen at the 2012 Telegraph Bath Festival Of Children's Literature pretends to be the dream-catching BFG from Roald Dahl Blue Peter Book Awards 2013 shortlist announced 'I’ll never have to repay my student loan' The £27,000 pensioner loophole: 'I’ll never have to repay my student loan' Advertisement telegraphuk Please enable JavaScript to view the comments powered by Disqus. blog comments powered by Disqus University A-Zs » University & College Profiles Degree Subject Profiles Advertisement Education Opinion » A Very Private Tutor * No matter how expensive, tuition cannot replace parental support Gervas Huxley * Who has gained from tuition fees? 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Home» 2. Sport» 3. Columnists» 4. Alan Smith Alan Smith: Arsenal must deal with Manchester United's wingers to stand a chance Sir Alex Ferguson took a few people by surprise when he picked two wingers for last weekend’s game against Chelsea. Arsenal must find a way of stoping Manchester United's in-form winger Antonio Valencia Catch me if you can: Arsenal must find a way of stoping Manchester United's in-form winger Antonio Valencia Photo: EPA Alan Smith By Alan Smith 10:00PM GMT 02 Nov 2012 IFRAME: http://platform.twitter.com/widgets/follow_button.html?show_screen_name =false&show_count=true&screen_name=9smudge Comments Comments It had been generally assumed that the Manchester United manager would stick with the midfield diamond that worked so well in their previous away game at Newcastle United. That kind of solidity seemed the best way to go against a Chelsea side that tends to flood the middle ground. Yet Ferguson put his trust in Antonio Valencia and the returning Ashley Young, presumably in an effort to pin back Chelsea's full-backs, whilst Wayne Rooney dropped off to help Michael Carrick and Tom Cleverley. It will be interesting, then, to see what United do today against an Arsenal side that also likes to build through the centre. Back to the diamond? A switch to 4-3-3? Or something very similar to the shape at Stamford Bridge? To be honest, I would guess at that final option which sees United use the flanks when they’ve got the ball. That has traditionally been their way, especially at home, and there is no reason to change now when you examine Arsenal’s weakness at the back. Because if Valencia can give Ashley Cole a tough time, as he did last week, he can certainly do the same to Andre Santos whose positional sense at left-back can be very poor. This is a player at his happiest attacking, not staying put to deny his winger. Related Articles * Alan Smith: buck stops with Wenger 26 Oct 2012 * Hoolahan and Holt key to Norwich 19 Oct 2012 * Van Persie's goals the most effective in the league 02 Nov 2012 * Manchester United v Arsenal: preview 02 Nov 2012 * Vidic return delayed until 'around Christmas time' 02 Nov 2012 * Ferguson is worse off than Mancini 05 Oct 2012 Not only that, the Brazilian’s physical capacity for getting back after a forward burst is questionable at best. Valencia can therefore match his man for stamina and speed whilst holding the advantage when United win the ball. Santos could therefore leave a huge gap if he’s not careful, forcing Thomas Vermaelen to shift across (Fig 1). To avoid such a problem, Arsene Wenger could conceivably ask Vermaelen to play at left-back, but that might compromise the centre of defence where Robin van Persie, of course, is more than capable of punishing his old club. Up the other end, meanwhile, Arsenalmust find a way of causing problems and that means getting Santi Cazorla on the ball in decent areas. Over the last few weeks, the opposition have rightly earmarked the little Spaniard as Arsenal’s biggest threat and so have gone out of their way to close down the playmaker, thereby limiting the team to fewer chances. But the good news for Wenger is that Jack Wilshere is back, meaning Arsenal now have more than one player who can quickly see the pass. After so long out, it would be unreasonable to expect Wilshere to hit the heights straight away, but he can still make a big difference to this Arsenal side. Also make a difference, perhaps, to Theo Walcott who must stand a chance of starting this game after boosting his confidence with those midweek goals against Reading. Walcott, we know, wants to play through the middle. It’s the main reason, apparently, he hasn’t yet signed a new contract. If I was him, though, I wouldn’t get too preoccupied with his starting position because someone in his role, if he’s cute enough, can end up running through on goal plenty of times. Look at Chelsea’s Eden Hazard. You don’t see the brilliant Belgian staying out on the wing. He will choose his moments to drift inside before making a darting run between full-back and centre-half that someone like Juan Mata can usually pick out. In many ways, this is an easier way of finding space than playing directly up against two central defenders who can cover for each other when you make a run. In any case, Walcott isn’t exactly restricted within Arsenal’s shape. He can always move across to get involved. And with Cazorla and Wilshere about, that should lead in theory to some excellent service, as long as Walcott learns the ropes to this important role (Fig 2). That said, I wouldn’t be surprised to see him start on the bench today, with Aaron Ramsey used instead to give the team a more solid feel. Arsenal, after all, have a dreadful recent record at Old Trafford, even when you discount last season’s 8-2 shocker. While this one shouldn’t get that humiliating, Arsenal do go into the game with plenty to do. Up against United’s attacking power, the visiting defence might not be strong enough. Alan Smith * Sport » * Football » * Premier League » * Arsenal » * Manchester United » In Alan Smith Steve Tyler - The weekend world of sport, April 17-18 2010 in pictures The weekend world of sport Advertisement telegraphuk Please enable JavaScript to view the comments powered by Disqus. blog comments powered by Disqus More The Football Blog World Cup 2010 Football Action Photos Advertisement Advertisement Sport most viewed * TODAY * PAST WEEK * PAST MONTH 1. India v England: live 2. Roger Federer v Jo-Wilfried Tsonga: live 3. Colin Murray is not just irritating and irrelevant – he is a very bad presenter 4. 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Manchester United considering move for Chelsea midfielder Frank Lampard in summer transfer window Telegraph Sport writers A-Z * Paul Ackford | Tanya Aldred * Marcus Armytage | Chris Bascombe * Emily Benammar | Scyld Berry * Geoffrey Boycott | Simon Briggs * Oliver Brown | Jason Burt * Tom Cary | Ian Chadband * Mick Cleary | James Corrigan | David Coulthard * James Cracknell | Gareth A Davies * Luke Edwards | Roddy Forsyth * Brendan Gallagher | Thom Gibbs * Rod Gilmour | Will Greenwood * Alan Hansen | Simon Hart | Paul Hayward * Vicki Hodges | Nick Hoult * Simon Hughes | Steve James * Paul Kelso | Kate Laven | John Ley * Jonathan Liew | Jacquelin Magnay * John MacLeary | Gavin Mairs * Tony McCoy | JA McGrath * Giles Mole | Brian Moore * Mike Norrish | Mark Ogden * Nick Pearce | John Percy * Derek Pringle | Alasdair Reid * Alan Smith | Alan Tyers * Michael Vaughan | Shane Warne * Duncan White | Jim White * Jeremy Wilson | Steve Wilson * Henry Winter Advertisement MORE FROM TELEGRAPH.CO.UK Telegraph Cottage Holidays Valentines cottage breaks from £170, book before Jan 31, 2013 for a chance to win a Kindle View Energy Switching Money-saving checklist Don't put up with high energy bills this winter. Switch to a cheaper deal in minutes View Vistaprint Vistaprint, Business Cards, Business stationary, Business, business owner Telegraph offers: free mugs, business cards, t-shirts and more View Telegraph Travel Hand-picked Seven-nights B&B at a luxury hotel in Malta View Back to top * HOME * Rugby Union * England * Club * Football * Teams * Fixtures * Results * News * Cricket * England * Fixtures * Live Scoreboards * Formula One * Lewis Hamilton * Jenson Button * Teams * Finance * Rugby Union * Six Nations * British and Irish Lions * Home * Other Sports * Cycling * Lifestyle * Tennis * Andy Murray * Roger Federer * ATP Tour * Golf * European Tour * US Tour * Tiger Woods * Comment * Contact Us * Telegraph Journalists * Advertising * Fantasy Football * Announcements * Reader Prints * * Follow Us * Apps * Epaper * Expat * Promotions * Subscriber * Syndication © Copyright of Telegraph Media Group Limited 2013 Terms and Conditions Today's News Archive Style Book Weather Forecast #Finance » Chancellor must change tack or risk the wrath of pensioners Comments Feed [p?c1=2&c2=6035736&cv=2.0&cj=1] Finance RSS Feed dcsimg Wednesday 23 January 2013 | Blog Feed | All feeds Website of the Telegraph Media Group with breaking news, sport, business, latest UK and world news. Content from the Daily Telegraph and Sunday Telegraph newspapers and video from Telegraph TV. ___________________ Submit * Home * News * World * Sport * Finance * Comment * Blogs * Culture * Travel * Life * Fashion * Tech * Dating * Offers * Jobs * Companies * Comment * Personal Finance * Economics * Markets * Festival of Business * Your Business * Business Club * Money Deals Blogs Home » Finance » Business » Ian Cowie Ian Cowie Ian Cowie was named Consumer Affairs Journalist of the Year in the London Press Club Awards 2012. He has been head of personal finance at Telegraph Media Group since 2008, having been personal finance editor since 1989. He joined the paper in 1986. He is @iancowie on Twitter. IFRAME: http://platform.twitter.com/widgets/follow_button.html?show_screen_name =false&show_count=true&screen_name=iancowie [cowieblog.jpg] Chancellor must change tack or risk the wrath of pensioners By Ian Cowie Your Money Last updated: November 2nd, 2012 Comment on this Comment on this article Next monthâs Autumn Statement could cause the Government to lose the next general election or incur a massive compensation bill unless the Chancellor changes his current policy on pensions. Regular readers may have guessed that I am referring to the mis-selling scandal that is bound to result from automatically enrolling low-income people into the new National Employment Savings Trust (Nest). As things stand, forcing them to start saving in Nest or other pensions will merely deprive them of means-tested benefits to which they would otherwise be entitled in the future. So compulsory saving will be a waste of money for them. Worse, it will be bad advice for those who are in debt by the fourth week of every month or, for any other reason, cannot afford to lock cash away until they reach retirement age. Millions of graduates might be better off paying down student debts, for example, or saving to buy their first home. The legal principle that compensation must be paid when financial advice, let alone compulsion, causes any individual to be worse off is well-established. A series of scandals including personal pensions sold to people who might have been better off in company schemes, with-profits endowments and payment protection insurance (PPI) have all demonstrated that it is no defence to claim good intentions. So, for example, arguing that auto-enrolment will reduce the burden on taxpayers by cutting benefits wonât reduce individualsâ entitlement to compensation when they realise what is going on. But most of those affected are young or low-paid or both â in other words, the groups of people who are least likely to be members of company schemes already or take much interest in pensions. As a result, it will take a while for this scandal to reach the front page or television screen. Even so, massive numbers are involved. About 300,000 people had a total of £4m taken out of their pay packets when they were auto-enrolled into pensions last month, when the new scheme was launched, and millions more will be affected as smaller companies and their employees are brought within its scope in the months and years ahead. And nearly half of all pensioners are currently so poor that they are eligible for means-tested benefits. Lest this sound alarmist, there is no need to take my word for it. Pensions expert Dr. Ros Altmann, the director-general of Saga, summed up the problem succinctly this week: âIt is dangerous to auto-enrol people into pensions unless we can be sure they will not lose all their savings in a state pension means test.â In a bid to reduce this risk, as recently as the last Budget the Chancellor said he intended to increase the basic state pension to the equivalent of £140 a week in 2010 money, with effect from 2015. That would have defused the auto-enrolment scandal by massively reducing the number of pensioners entitled to means-tested benefits. Unfortunately, to keep this pledge affordable, the higher payments were to be restricted to people reaching state pension age after 2015. That proved a fatal flaw in the plan. Excluding more than 10âmillion existing pensioners from the higher payouts would be political suicide. While millions who had paid tax and National Insurance contributions (NICs) all their working lives would be excluded forever from the improved basic state pension, many others who never paid any tax or NICs but none the less have residency rights in the UK and retired after the change might benefit. No wonder the Prime Ministerâs office vetoed the plan as soon as its political consequences became clear. No one needs to tell Number 10 that pensioners tend to exercise their right to vote rather more rigorously than younger constituents. So the original proposals would have resulted in an extreme example of a reform where those who miss out make most noise while many winners would remain blithely unaware of what was going on. Neither is an attractive proposition for legislative change just months before the next general election is due. To be fair to Steve Webb, the pensions minister, it isnât his fault that the benefits system is so complex that any attempt at change is like trying to nail down a warped floor board. As soon as you think itâs fixed at one end â boing! â up it pops at the other end. What to do? Fortunately, the demographics offer a solution, which is supported by pensions experts including Dr. Altmann, Steve Bee of Paradigm Pensions and Tom McPhail of Hargreaves Lansdown. Restricting the increased basic state pension to everyone aged over 75 would mean only 4.4âmillion people would benefit, while restricting it to those aged over 80 would limit initial payouts to only 2.6âmillion. Either option would offer everyone, including existing younger pensioners, the hope of benefiting one day while cutting the cost to a half or quarter of the level of introducing better pensions for all immediately. Either option would also avoid the massive costs of compensating people wrongly compelled to start saving and have the additional benefit of helping to win the next general election. Or at least avoid losing it. Whatâs not to like? Tags: auto enrolment, Basic state pension, Chancellor, general election, George Osborne, government, Hargreaves Lansdown, means-tested benefits, National Employment Savings Trust, Nest, Paradigm Pensions, pensioners, pensions, retirement, Saga, savings, State pension, Steve Webb Recent Posts * Millions of investors miss the stock marketâs best start for two decades January 23rd, 2013 6:45 Comment on this * Why millions of the poorest people in Britain pay £200m a year unnecessary tax January 22nd, 2013 6:45 Comment on this * Taxman gets tough with 57pc increase in writs against late payers January 21st, 2013 12:08 Comment on this * House prices can build tax-free income and gains in new pensions and Isas January 18th, 2013 12:15 Comment on this * Expert tips on how to make a tax-free income from your home January 18th, 2013 6:45 Comment on this Please enable JavaScript to view the comments powered by Disqus. comments powered by Disqus Finance bloggers * Ambrose Evans-Pritchard * Ian Cowie * Mats Persson * Jeremy Warner * Philip Aldrick * Richard Blackden * Andrew Lilico Our Finance Blogs * Economics * Business * Your Business * Energy * Retail and consumer * Your Money * Broadcasting and media * Politics and society Finance Tags Bank of England banks Chancellor china david cameron debt EU euro eurozone financial crisis financial services authority George Osborne Germany Gordon Brown government greece Hargreaves Lansdown HMRC HM Revenue & Customs homebuyers house prices income tax inflation Interest rates investors mortgage mortgages pension pensioners pensions property quantitative easing recession retirement savers savings shares Smith & Williamson spain stock market tax treasury Financial services * Telegraph Investment Service * Fund Supermarket * International money transfer * Wealth management ON THE FINANCE BLOG * PMQs: the earth moves for the Conservatives * David Cameron's Europe speech is good leadership and good politics * The Speech: a powerful case for EU reform – but can Cameron stick to the timetable? * Millions of investors miss the stock marketâs best start for two decades * Why millions of the poorest people in Britain pay £200m a year unnecessary tax Archives [Select Month__] Finance Topics * Energy * Retail * Financial Crisis * Recession * Interest rates * Budget * Gordon Brown * George Osborne Back to top * HOME * News * World News * Obituaries * Travel * Health * Jobs * Sport * Football * Cricket * Fantasy Football * Culture * Motoring * Dating * Finance * Personal Finance * Economics * Markets * Fashion * Property * Crossword * Comment * Blogs * My Telegraph * Letters * Technology * Gardening * Telegraph Journalists * Contact Us * Privacy and Cookies * Advertising * Fantasy Football * Tickets * Announcements * Reader Prints * * Follow Us * Apps * Epaper * Expat * Promotions * Subscriber * Syndication © Copyright of Telegraph Media Group Limited 2013 Terms and Conditions Today's News Archive Style Book Weather Forecast #Finance » The German bloc will have to take its bitter medicine in Greece Comments Feed [p?c1=2&c2=6035736&cv=2.0&cj=1] Finance RSS Feed dcsimg Wednesday 23 January 2013 | Blog Feed | All feeds Website of the Telegraph Media Group with breaking news, sport, business, latest UK and world news. Content from the Daily Telegraph and Sunday Telegraph newspapers and video from Telegraph TV. ___________________ Submit * Home * News * World * Sport * Finance * Comment * Blogs * Culture * Travel * Life * Fashion * Tech * Dating * Offers * Jobs * Companies * Comment * Personal Finance * Economics * Markets * Festival of Business * Your Business * Business Club * Money Deals Blogs Home » Finance » Economics » Ambrose Evans-Pritchard Ambrose Evans-Pritchard Ambrose Evans-Pritchard has covered world politics and economics for 30 years, based in Europe, the US, and Latin America. He joined the Telegraph in 1991, serving as Washington correspondent and later Europe correspondent in Brussels. He is now International Business Editor in London. Subscribe to the City Briefing e-mail. [ambrose-new.jpg] The German bloc will have to take its bitter medicine in Greece By Ambrose Evans-Pritchard Economics Last updated: October 31st, 2012 Comment on this Comment on this article Every detail of the Greek economy is worse than officially forecast just weeks ago. The budget unveiled this morning estimates that public debt will reach 189pc of GDP next year (not 179pc). The budget deficit will be 5.2pc (not 4.2pc). The economy will shrink 4.5pc next year (not 3.8pc). Unemployment is already 25.1pc and 55.6pc for youth. Just for the record: The EU-IMF Troika originally said that the economy would contract by just 2.6pc in 2010, before growing by 1.1pc in 2011, and 2.1pc in 2012. In fact Greek GDP contracted by 4.5pc in 2010, 6.9pc in 2011, and will shrink 6.5pc this year, and now 4.5pc next year. The cumulative error is colossal. The IMF's former deputy chief John Lipsky told an HSBC forum in London earlier this month that it was impossible for the Fund to make any accurate forecast, given the crazy circumstances in Greece. I don't wish to be unduly harsh on the IMF â a superb organisation â but actually the Greek Labour Institute and the think-tank IOVE did predict this level of contraction. The IMF simply lost its political way in Greece. It knew â or should have known from dozens on rescue operations around the world â that Greece would crash into a self-feeding spiral without a rapid debt restructuring and a devaluation. Both channels were blocked because of the sanctity of the EMU Project. (Though default would come later, in a capricious fashion, singling out pension funds, insurers, and private creditors only). The policy never had any chance of working for Greece. The IMF under Strauss-Kahn went along with the EMU agenda, pretending all was well, sacrificing the Greeks to gain time for the European financial system to build up safety buffers. Thomas Wieser, the head of the European Working Group handling Greece, said today that press reports of further debt restructuring and official "haircuts" in the current Troika talks are pure fantasy. If that is so â and what he means is that Germany, Holland, Finland, and Austria will not tolerate a haircut on their holdings of Greek debt â then the creditor countries are trying to maintain a ridiculous illusion for their own internal political reasons. Greece cannot claw its way out of a 190pc of GDP debt load. The official haircut is coming sooner or later, and it will be an explosive political moment. Chancellor Angela Merkel will have to account for direct losses to the Bundestag. A line will have to be written into the German budget covering the X billions of euros. Other line items may have to be cut. Welfare support for Germans, perhaps. Having insisted for over two years that German taxpayers face no risk of loss on the Club Med rescue packages â and having indeed told them it generated a profit â she will have to explain why this has gone horribly wrong. No doubt she will try to delay this awful moment until after the German elections late next year. But the calendar of simmering revolt in Greece is not in her hands. One of the three parties in the pro-Memorandum coalition has already refused to go along with the budget plans. The Government majority is thinning fast. My guess is that Mrs Merkel will be forced to admit to the German nation that contingent liabilities are turning into real liabilities long before her elections. I leave it to German readers to tell us what the likely response be in the Bundestag and the German press. Tags: euro crisis, eurozone, Germany, greece Recent Posts * A new Gold Standard is being born January 17th, 2013 16:09 Comment on this * Money surge to carry Wall Street through the make-or-break line? 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Home» 2. Comment» 3. Letters We must decide the areas in which ash trees are to be preserved Strategy to slow ash dieback disease. 7:00AM GMT 03 Nov 2012 Comments Comments SIR – The United Kingdom boasts several internationally significant populations of ash that require the highest levels of protection. These will be lost if we do not urgently put in place a strategy that targets these areas, at least to slow progress of the ash dieback disease. Top of the list must be the Lake District, which includes significant numbers of ash in ancient semi-natural woodlands and many hundreds of ancient pollards. Pollarding (lopping branches off trees at a height of 10 or 12ft above ground on a regular cycle) is integral to the traditional silvo-pastoral system practised for centuries throughout the region. In valleys such as Borrowdale, there are specimens hundreds of years old which provide a habitat for rare lichens, birds, bats and invertebrates. They are as much part of the landscape as the lakes, Herdwick sheep and vernacular architecture. Our experience with Dutch elm disease, foot and mouth, and red squirrel conservation, tells us that core populations need to be identified and targeted at the earliest possible stage in an outbreak. Edward R Wilson Forest Scientist Director Silviculture Research International Penrith, Cumbria Related Articles * Dance teaches children creativity and discipline 03 Nov 2012 SIR – Since the Second World War, native and ornamental trees in this country have been threatened by a series of diseases introduced from abroad. During the Fifties, the Rosaceae family, including sorbus, crataegus and pyracantha, was affected by fireblight introduced from North America. Dutch elm disease in the Sixties virtually exterminated the English elm. In the past decade, sudden oak death (again probably introduced from North America) has caused the felling of swathes of larch plantations and may threaten our native oak. The horse chestnut leaf miner arrived in about 2002 and now there is the real threat of the native ash following the elm into oblivion. The time has surely come for the Government to take a lead by introducing a ban on imported plants and nursery stock. Chris Rome Thruxton, Hampshire SIR – I fear the Forestry Commission no longer has any value other than as a land owner and ineffectual regulator. Its plant pathology unit was effectively reduced to zero not long after we lost all our elm trees. I have asked for advice about anthracnose in planes and sycamores, and black canker in horse chestnuts, to no avail. Christopher Curry Godmanchester, Huntingdonshire SIR – Each spring, to forecast our forthcoming summer weather, we recite: “Ash before the oak we will get a soak. Oak before the ash we’ll only get a splash.” What will we do when there are no more ash trees in the countryside? Valerie Mourilyan Wisborough Green, West Sussex Seeing through the EU SIR – Keith Moore (Letters, November 2) writes that, since the referendum in 1975, “the fundamentals [of the EU] have been altered to an extent that could not have been imagined at that time.” On a Concorde flight to Washington in the late Eighties, I sat next to Edward Heath, the former prime minister. In an energetic conversation about the referendum, he was adamant that: “Nobody could have been under any illusion that they weren’t voting for political and economic union.” I recall his words because they shocked me so much. When I argued that I and millions of others believed we were voting for membership of a “Common Market” and nothing more, he called us “deluded”. How accurate he was. He deluded us. The fundamental changes were even planned in outline by the EU’s architects. Their successors carried them through by means similar to the deceit of 1975. Michael Bacon Farnham, Surrey Truth unto power SIR – Peter Housden has done and continues to do an excellent job as the Permanent Secretary for the Scottish Government (“When it comes to Sir Peter Housden, we have a problem”, Comment, November 2). Sir Peter retains the trust and confidence of colleagues across Whitehall, earning their respect for the diligent and thoughtful way he has approached the constitutional issues we are now dealing with. He is one of our most senior and influential voices – sitting on the Civil Service Board and playing a strong role in managing our senior talent. Sir Peter, as with all civil servants, knows when to speak truth unto power and will do so as and when necessary. The suggestion in your piece that he fails to say “No” when “his political master misuses taxpayers’ money” is simply not borne out by any reality. The expenditure you refer to met the tests set out in Section 3 of the Public Finance and Accountability (Scotland) Act 2000. This point has been set out clearly by Sir Peter, and he has handled the whole situation with great integrity. Sir Bob Kerslake Head of the Civil Service Sir Jeremy Heywood Cabinet Secretary London SW1 Snake without books SIR – As a taxpayer, how pleased I am that the stuffed anaconda in the Foreign and Commonwealth Offices library has been restored (report, November 2). What a pity, then, that the snake now has no books to guard, since the FO library was disposed of in 2008. Most of the books were sent to other institutions, but some were scandalously sold off. Roger Croston Chester We’ve got it taped SIR – I still have cassette tapes in my K-registered car (Letters, November 2), but was unable to find anyone to repair a favourite one. Luckily, I recently found a CD of it, and have transferred it to tape for my continued enjoyment. Malcolm Watson Welford, Berkshire SIR – I recently exchanged my gas-guzzler for a venerable VW Golf, and the thing that clinched the deal was that the Golf had a dual CD/cassette player. My 20-year stock of cassettes can live again. Terence Key Bracknell, Berkshire Britain in Palestine SIR – Nabeel Shaath blames Britain for the Palestinians’ continued failure to establish their own state (Comment, November 1). The Palestinian Authority glorifies terrorism on state television. Half of Palestine’s desired future state, the Gaza Strip, is under the control of terrorists. Hamas continues to target Israeli civilians with rockets and mortars. Palestinians refuse to sit at the negotiating table with Israelis. Palestinian leaders pursue unilateral measures for recognition when they undertook not to do so under the Oslo accords. None of this is the fault of Britain. Palestinian rejectionism, as practised whenever they have been offered statehood (by the British, the international community, or the Israelis), is what is responsible for the plight of the Palestinians. Jonathan Sacerdoti Director, The Institute for Middle Eastern Democracy London WC2 SIR – As Israel’s Ambassador to Britain, Daniel Taub is only doing his job when he claims that the United Nations partition resolution of 1947 was “accepted by the Zionists” (Comment, November 2). However, if that were truly the case, then today Israel would be a smaller state and Jerusalem would be a corpus separatum overseen by the international community. Zionists have used the UN partition plan as a stepping stone to the realisation of “Greater Israel”, taking as much land with as few Palestinians on it as possible. It’s hard to believe that the ambassador could write so much without mentioning his country’s military occupation even once. Ibrahim Hewitt Senior Editor, Middle East Monitor London NW10 The right side SIR – As a poppy seller, I am often asked which side a woman should wear hers. I always say the right side. However, more women seem to be wearing them on the left. Can anyone tell me the correct side? Anthony Messenger Windsor, Berkshire Ahead of the curve SIR – On Downton Abbey, Matthew Crawley walked round the estate and mused: “It’s been a steep learning curve for me…” With other details of dress, speech and mores correct, this is a bit of a lapse. Andrea Bates Enstone, Oxfordshire Pathway to relieving pain as life ebbs away SIR – Prue Leith’s story about her brother’s painful death (Features, October 26) is sadly not unique. Healthcare workers have, since Harold Shipman, been terrified to prescribe morphine for end-of-life care because they are afraid of recriminations. This fear is all the more reason to support the Liverpool Care Pathway. The timing of when to introduce the Pathway is critical; it is not guesswork, as has been suggested. It is about sound clinical judgment that comes with experience. Healthcare workers should have the common sense and sensitivity to obtain consent from relatives in advance, and to ensure that relatives understand that the pathway is about relieving pain and suffering so that there can be dignity as life ebbs away. Relatives should be encouraged to understand the needs of the dying and not their own needs. You give examples of the Pathway being withdrawn and a patient living a further two weeks. However, no mention is made of the suffering that the person almost certainly experienced before finally dying. Who benefited from those two weeks? I am sure it was not the patient. Jennifer Hughes-Nurse Retired consultant gynaecologist Barrowden, Rutland SIR – The Liverpool Care Pathway is euthanasia via the back door. Peter Haines New Milton, Hampshire Letters In Letters Politics blogs Politics Blogs Letters to the Daily Telegraph Latest Letters Advertisement telegraphuk Please enable JavaScript to view the comments powered by Disqus. blog comments powered by Disqus Follow The Telegraph on social media Advertisement Advertisement Comment Most Viewed * TODAY * PAST WEEK * PAST MONTH 1. Closing schools because of light snow sets a bad example to pupils 2. It’s snowing, and it really feels like the start of a mini ice age 3. Give the Armed Forces the support they need 4. Space oddities 5. The new brain drain 1. It’s snowing, and it really feels like the start of a mini ice age 2. A living wage, or a much higher minimum wage, is worth paying 3. Why taking offence is Britain's new national sport 4. Norway's 'fax democracy' is nothing for Britain to fear 5. Britain is ill-prepared for this deadly new world 1. It’s snowing, and it really feels like the start of a mini ice age 2. What a relief! 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Home» 2. Finance» 3. Economics Bank of England needs to prevent group think, former deputy governor warns The Bank of England needs to encourage a new culture that allows staff to “challenge” senior figures to prevent potentially damaging “house views” developing, a former deputy governor has urged. Picture inside the cuppolla at the side of the Bank of England. The Bank needs to allow more challenge from junior staff Photo: Julian Simmonds Philiip Aldrick By Philip Aldrick, Economics Editor 12:32PM GMT 02 Nov 2012 IFRAME: http://platform.twitter.com/widgets/follow_button.html?show_screen_name =false&show_count=true&screen_name=philaldrick Comments Comments Sir John Gieve said the failure of economic policy before the crisis at the Bank and other institutions across the world was largely the result of “group think” that needs to be stamped out. His comments at Fathom Consulting’s Monetary Policy Forum echoed those made in three reviews into the Bank’s recent performance released today. They found that “there appears to be some tendency for [staff] to filter recommendations in such a way as to maximise the likelihood that senior staff will find the recommendation palatable” and that the Bank needed to cultivate “a more assertive and experienced staff” who would “seriously challenge” policymakers. Sir John, who was deputy governor for financial stability until 2009, said: “The biggest errors of economic policy were before the crisis in allowing the boom to develop. They were the result of a remarkable degree of group think – not just in the UK. “That was a problem in the Bank, as it was in the US Federal Reserve and the European Central Bank. We need to redouble efforts to challenge orthodoxy in these institutions.” Related Articles * BoE admits its forecasts are worse than peers 02 Nov 2012 * BoE's 'hierarchical' culture attacked 02 Nov 2012 His words amounted to a call to arms for the Chancellor to ensure the right governance structures are put in place before the next Governor of the Bank takes over in June. Andrew Tyrie, chairman of the Treasury Select Committee, has called governance at the Bank “defective”. To stamp out group think, Sir John said the Bank should adopt the reviews’ proposal that it publish more detail on its economic forecasts. “How do you bring challenge into a hierarchical institution? One way of doing that is to publish more detail on the forecasts. Transparency on how they see the economy developing would be helpful in freeing up the discussion on what’s going right and what’s going wrong in its forecasts,” he said. “I think the reviews are right to suggest the Bank build in challenge to avoid house views developing.” One of the three reviews criticised the Bank’s error-ridden forecast record and suggested it publish the details of its outlook, such as the household savings rate and the output gap, to allow economists to challenge its assumptions. Eric Britton, a director at Fathom, said: “That should be out there and discussed – the way they are thinking about the world.” Sir John welcomed the reviews’ suggestion that matters could be brought up with the Court of the Bank, a group of independent directors who oversee the institution. He the Court should play “a stewardship role ... and assess whether blinkers are coming down ... and whether the architecture is working right”. However, Charles Goodhart, a former member of the Bank’s rate setting committee, told Fathom’s event that group think in the Bank has been no worse than other central banks and criticised the media’s mistaken tendency to focus on the person at the top. “If you think the Governor of the Bank was a Sun King, what do you make of [former US Federal Reserve chairman] Alan Greenspan. He would be a Sun King to the power of three,” Mr Goodhart said. “[Governor Sir] Mervyn King has been outvoted several times [on rates and money printing decisions]. You – in the media – focus so much on the man at the top. You don’t perceive how the person is influenced by those around him.” Economics * Finance » * Philip Aldrick » In Finance » George Osborne argued that Geoffrey Howe 'did not give up, but pressed on and overcame’, while Anthony Barber 'buckled and gave up’. Now the Chancellor is in Barber’s camp - Autumn Statement: The day the Chancellor reneged on his promise Autumn Statement: family tax bombshell over new black hole Top 10 coolest offices in the UK Related Partners * Save money on overseas transfers In Economics Debt crisis: live Global economy recession Britain to drop out of world's top ten economies Stock Trader Clutching His Head in Front of a Screen Showing a Stock Market Crash What's the most dangerous financial product? Aerial night view of Liverpool Street on August 6, 2007 in London UK financial sector at risk if country left EU Bail-outs 'a terrible deal' for taxpayers Advertisement telegraphuk Please enable JavaScript to view the comments powered by Disqus. blog comments powered by Disqus Advertisement Advertisement Finance Most Viewed * TODAY * PAST WEEK * PAST MONTH 1. Britain becomes Germany's biggest trade partner as Berlin-London pact deepens 2. Revolutionary Japan is suddenly the centre of world affairs 3. 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