I just came across an interesting blog entry on Kirklees Unity ‘BNP MEPs would not serve full term’ (3 March 2009):
http://kirkunity.blogspot.com/2009/03/bnp-meps-would-not-serve-full-term.html
If the allegation is true that British National Party members of the European Parliament would have to step down after four years, it is not only a question of political morals.
The so called MEPs’ Statute, officially the Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament, declares such agreements null and void.
Article 2 of the MEPs’ Statute (published in the Official Journal of the European Union 7.10.2005 L 262/1) reads like this:
Article 2
1. Members shall be free and independent.
2. Agreements concerning the resignation from office of a Member before or at the end of a parliamentary term shall be null and void.
***
Is it clear enough for everybody? Even for the BNP?
Ralf Grahn
Showing posts with label Statute. Show all posts
Showing posts with label Statute. Show all posts
Tuesday, 3 March 2009
Sunday, 15 February 2009
Members of the European Parliament: Regulations and general conditions
Parts of the rights and duties of members of the European Parliament are covered by the Statute laying down the regulations and general conditions governing the performance of the duties of MEPs, finally approved and set to enter into force after the European Parliamentary elections on 4 to 7 June 2009.
How much the Statute cleans up the unsavoury practices concerning MEPs’ expenses depends on detailed rules set by the European Parliament and the control exercised by the EP in the future.
***
Current treaty
Article 190(5) of the Treaty establishing the European Community (TEC) gives the European Parliament some autonomy in devising the rules governing the performance of the duties of its Members (MEPs).
The EP’s initiative is subject to checks and balances. The Commission issues an opinion and the approval of the Council is needed.
Article 190(5) TEC as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/132:
Article 190(5) TEC
5. The European Parliament, after seeking an opinion from the Commission and with the approval of the Council acting by a qualified majority, shall lay down the regulations and general conditions governing the performance of the duties of its Members. All rules or conditions relating to the taxation of Members or former Members shall require unanimity within the Council.
***
Consolidated Lisbon Treaty
The substance remains the same if the Treaty of Lisbon enters into force. Taxation of MEPs and former MEPs still requires unanimity within the Council.
Article 223(2) of the Treaty on the Functioning of the European Union (TFEU) takes over and rephrases paragraph 5 of Article 190 TEC, OJEU 9.5.2008 C 115/149:
Article 223(2) TFEU
2. The European Parliament, acting by means of regulations on its own initiative in accordance with a special legislative procedure after seeking an opinion from the Commission and with the approval of the Council, shall lay down the regulations and general conditions governing the performance of the duties of its Members. All rules or conditions relating to the taxation of Members or former Members shall require unanimity within the Council.
***
Problems
The lack of a common Statute for the members of the European Parliament has led to gross iniquities between MEPs from different member states, with huge differences in remuneration tied to salaries of national parliamentarians.
On the other hand, reimbursement of travel and other expenses based on theoretical flat-rate amounts in combination with poor control resulted in a murky culture of MEPs lining their pockets and those of family members.
Cleaning the Augean stables proved to be a long and arduous task. Only after protracted efforts were the European Parliament and the Council able to reconcile their views.
***
Statute
Finally the Decision of the European Parliament 2005/684/EC, Euratom of 28 September 2005 adopting the Statute for Members of the European Parliament was able to introduce uniform rules concerning some aspects of the rules and general conditions applicable to the exercise of MEPs’ mandates.
The old rules apply until the end of the present term of the EP. The Statute enters into force only after the June 2009 European elections, on the first day of the European Parliament parliamentary term beginning in 2009 (Article 30), but there are transitional provisions for old members who might lose out (Articles 25 to 29).
The MEPs’ s Statute is much less than a comprehensive act on the rights and duties of members. Article 1 gives the scope of the Statute:
Article 1
This Statute lays down the regulations and general conditions governing the performance of the duties of Members of the European Parliament.
***
Overview
Many of the provisions refer to the EP’s Rules of Procedure (which will be presented in a later blog post). Here is a ‘telegraphic’ list of the contents of the Articles of the Statute:
Article 2: Freedom and independence of MEPs; agreements on resignation void.
Article 3: Individual and personal vote; binding mandate prohibited.
Article 4: Only tabled documents regarded as EP documents.
Article 5: Right to table proposals for Community acts.
Article 6: Right to inspect EP files (but not personal files and accounts).
Article 7: Translation of documents and speeches into all official languages.
Article 8: Forming political groups.
Article 9: Right to appropriate salary, transitional end-of-service allowance and pension. Survivor’s pension.
Article 10: Salary 38.5 % of the basic salary of a judge at the Court of Justice of the European Communities.
Article 11: Salary from another parliament is offset against EP salary.
Article 12: Salary subject to Community tax, but abatements not. National tax takes Community tax into account.
Article 13: Amount of transitional allowance at the end of office.
Article 14: Amount of old-age pension from the age of 63.
Article 15: Invalid pension.
Article 16: Choice between transitional allowance and invalid pension.
Article 17: Survivor's pension for the spouse and dependent children.
Article 18: Reimbursement of the costs incurred as a result of sickness, pregnancy or the birth of a child.
Article 19: Insurance cover.
Article 20: Reimbursement for expenses subject to rules laid down by the EP.
Article 21: Right to personal staff and expenses met by the EP.
Article 22: Right to the EP's office facilities, telecommunications equipment and official vehicles.
Article 23: All payments from EU budget.
Article 25: Old system optional for re-elected members.
Article 26: Notification of choice of old system.
Article 27: Voluntary pension fund remains for old members.
Article 28: Old national pension entitlements remain in force.
Article 29: Member states’ transitional rules.
Article 30: Entry into force on the first day of the parliamentary term 2009.
***
Allowances paid to MEPs
The European Parliament offers information about the current Allowances paid to Members of the European Parliament, including the general expenditure allowance (4,052 euros per month), the flat-rate travel allowance, the annual travel allowance (EUR 4,000) for other than official meetings, the subsistence allowance (EUR 287 per day) for participation in official business and remuneration of MEPs’ assistants (EUR 16,914 per month plus costs):
http://www.europarl.europa.eu/parliament/expert/staticDisplay.do?id=39&pageRank=1&language=EN
The web pages also refer to the coming detailed rules based on the Statute.
***
Detailed rules
The coming detailed rules concerning the amounts, payment and control of expenses are only referred to in the Statute, but the ingrained practices have been an eyesore for too long.
According to the web page referred to above the work on the new rules is unfinished.
***
EP Rules of Procedure
For those who want to look at the conduct of EP business the European Parliament’s Rules of Procedure (16th edition, October 2008) are available here:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+RULES-EP+20081022+0+DOC+PDF+V0//EN&language=EN
But it is somewhat bewildering to find that Eur-Lex refers to the European Parliament ─ Rules of Procedure 16th edition July 2004 (OJEU 15.2.2005 L 44/1), which seems to be the last version officially published and I failed to find the 2008 version through the Publications Office.
Clarifications from readers are invited. We are going to return to the EP’s Rules of Procedure in a later blog post.
Ralf Grahn
How much the Statute cleans up the unsavoury practices concerning MEPs’ expenses depends on detailed rules set by the European Parliament and the control exercised by the EP in the future.
***
Current treaty
Article 190(5) of the Treaty establishing the European Community (TEC) gives the European Parliament some autonomy in devising the rules governing the performance of the duties of its Members (MEPs).
The EP’s initiative is subject to checks and balances. The Commission issues an opinion and the approval of the Council is needed.
Article 190(5) TEC as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/132:
Article 190(5) TEC
5. The European Parliament, after seeking an opinion from the Commission and with the approval of the Council acting by a qualified majority, shall lay down the regulations and general conditions governing the performance of the duties of its Members. All rules or conditions relating to the taxation of Members or former Members shall require unanimity within the Council.
***
Consolidated Lisbon Treaty
The substance remains the same if the Treaty of Lisbon enters into force. Taxation of MEPs and former MEPs still requires unanimity within the Council.
Article 223(2) of the Treaty on the Functioning of the European Union (TFEU) takes over and rephrases paragraph 5 of Article 190 TEC, OJEU 9.5.2008 C 115/149:
Article 223(2) TFEU
2. The European Parliament, acting by means of regulations on its own initiative in accordance with a special legislative procedure after seeking an opinion from the Commission and with the approval of the Council, shall lay down the regulations and general conditions governing the performance of the duties of its Members. All rules or conditions relating to the taxation of Members or former Members shall require unanimity within the Council.
***
Problems
The lack of a common Statute for the members of the European Parliament has led to gross iniquities between MEPs from different member states, with huge differences in remuneration tied to salaries of national parliamentarians.
On the other hand, reimbursement of travel and other expenses based on theoretical flat-rate amounts in combination with poor control resulted in a murky culture of MEPs lining their pockets and those of family members.
Cleaning the Augean stables proved to be a long and arduous task. Only after protracted efforts were the European Parliament and the Council able to reconcile their views.
***
Statute
Finally the Decision of the European Parliament 2005/684/EC, Euratom of 28 September 2005 adopting the Statute for Members of the European Parliament was able to introduce uniform rules concerning some aspects of the rules and general conditions applicable to the exercise of MEPs’ mandates.
The old rules apply until the end of the present term of the EP. The Statute enters into force only after the June 2009 European elections, on the first day of the European Parliament parliamentary term beginning in 2009 (Article 30), but there are transitional provisions for old members who might lose out (Articles 25 to 29).
The MEPs’ s Statute is much less than a comprehensive act on the rights and duties of members. Article 1 gives the scope of the Statute:
Article 1
This Statute lays down the regulations and general conditions governing the performance of the duties of Members of the European Parliament.
***
Overview
Many of the provisions refer to the EP’s Rules of Procedure (which will be presented in a later blog post). Here is a ‘telegraphic’ list of the contents of the Articles of the Statute:
Article 2: Freedom and independence of MEPs; agreements on resignation void.
Article 3: Individual and personal vote; binding mandate prohibited.
Article 4: Only tabled documents regarded as EP documents.
Article 5: Right to table proposals for Community acts.
Article 6: Right to inspect EP files (but not personal files and accounts).
Article 7: Translation of documents and speeches into all official languages.
Article 8: Forming political groups.
Article 9: Right to appropriate salary, transitional end-of-service allowance and pension. Survivor’s pension.
Article 10: Salary 38.5 % of the basic salary of a judge at the Court of Justice of the European Communities.
Article 11: Salary from another parliament is offset against EP salary.
Article 12: Salary subject to Community tax, but abatements not. National tax takes Community tax into account.
Article 13: Amount of transitional allowance at the end of office.
Article 14: Amount of old-age pension from the age of 63.
Article 15: Invalid pension.
Article 16: Choice between transitional allowance and invalid pension.
Article 17: Survivor's pension for the spouse and dependent children.
Article 18: Reimbursement of the costs incurred as a result of sickness, pregnancy or the birth of a child.
Article 19: Insurance cover.
Article 20: Reimbursement for expenses subject to rules laid down by the EP.
Article 21: Right to personal staff and expenses met by the EP.
Article 22: Right to the EP's office facilities, telecommunications equipment and official vehicles.
Article 23: All payments from EU budget.
Article 25: Old system optional for re-elected members.
Article 26: Notification of choice of old system.
Article 27: Voluntary pension fund remains for old members.
Article 28: Old national pension entitlements remain in force.
Article 29: Member states’ transitional rules.
Article 30: Entry into force on the first day of the parliamentary term 2009.
***
Allowances paid to MEPs
The European Parliament offers information about the current Allowances paid to Members of the European Parliament, including the general expenditure allowance (4,052 euros per month), the flat-rate travel allowance, the annual travel allowance (EUR 4,000) for other than official meetings, the subsistence allowance (EUR 287 per day) for participation in official business and remuneration of MEPs’ assistants (EUR 16,914 per month plus costs):
http://www.europarl.europa.eu/parliament/expert/staticDisplay.do?id=39&pageRank=1&language=EN
The web pages also refer to the coming detailed rules based on the Statute.
***
Detailed rules
The coming detailed rules concerning the amounts, payment and control of expenses are only referred to in the Statute, but the ingrained practices have been an eyesore for too long.
According to the web page referred to above the work on the new rules is unfinished.
***
EP Rules of Procedure
For those who want to look at the conduct of EP business the European Parliament’s Rules of Procedure (16th edition, October 2008) are available here:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+RULES-EP+20081022+0+DOC+PDF+V0//EN&language=EN
But it is somewhat bewildering to find that Eur-Lex refers to the European Parliament ─ Rules of Procedure 16th edition July 2004 (OJEU 15.2.2005 L 44/1), which seems to be the last version officially published and I failed to find the 2008 version through the Publications Office.
Clarifications from readers are invited. We are going to return to the EP’s Rules of Procedure in a later blog post.
Ralf Grahn
Sunday, 12 October 2008
EU: Monetary policy Ie
More legal materials on economic and monetary union (EMU), especially monetary policy, for students of history, politics, economics and law, as well as for interested EU citizens.
There are a few declarations relevant to the EC Treaty chapter on monetary policy. The declarations are politically (not legally) binding, and they have been annexed to the final acts of the intergovernmental conferences leading to the treaties of Maastricht, Amsterdam and Nice, respectively.
The European Central Bank (ECB) has a convenient web page on offer:
http://www.ecb.europa.eu/ecb/legal/1341/96687/html/index.en.html
If you are interested in a broader view of the declarations:
The latest consolidated version of the treaties (OJ 29.12.2006 C 321 E) does not contain the joint declarations or the unilateral declarations by one or more member states, but the Constitutional Treaty offers a fair approximation of the declarations seen as relevant today (OJ 16.12.2004 C 310).
The collected and updated declarations annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon are another approximative source of declarations still seen as relevant. The original Lisbon Treaty (OJ 17.12.2007 C 306) and the consolidated version (OJ 9.5.2008 C 115) differ as to the numbering of Articles.
***
Declaration on Article 111 (ex Article 109) of the Treaty establishing the European Community OJ 29.7.1992 C 191/99 explained that the use of the term ‘formal agreements’ is not intended to create a new category of international agreement within the meaning of Community law.
***
Declaration on Article 111 (ex Article 109), 174 (ex Article 130r) and 181 (ex Article 130y) of the Treaty establishing the European Community, OJ 29.7.1992 C 191/100, where the intergovernmental conference considered that the provisions did not affect the principles resulting from the judgment handed down in the AETR case.
***
Declaration on disputes between the ECB and the EMI and their servants, OJ 29.7.1992 C 191/108, where the intergovernmental conference invited the institutions to adapt the relevant rules to let the Court of First Instance hear this class of actions.
***
Declaration on the quality of the drafting of Community legislation, OJ 10.11.1997 C 340/139, on common guidelines for improving the quality of the drafting of Community legislation and on the acceleration of codification of legislative texts.
***
Declaration on the provisions relating to transparency, access to documents and the fight against fraud, OJ 10.11.1997 C 340/140, placed the Treaty establishing the European Community as the model to be followed by the institutions when they acted within the context of the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community.
***
Declaration on Article 111 of the Treaty establishing the European Community, OJ 10.3.2001 C 80/78, where the intergovernmental conference agreed that procedures shall be such as to enable all the Member States in the euro area to be fully involved in each stage of preparing the position of the Community at international level as regards issues of particular relevance to economic and monetary union.
***
At treaty level, legally binding and worth mentioning again, we have the Protocol on the Statute of the European System of Central Banks and of the ECB (original OJ 29.7.1992 C 191/68)
In the consolidated version of the treaties, the 53 Articles of Protocol (No 18) on the Statute of the European System of Central Banks and of the ECB repeat and elaborate on the treaty provisions; located in OJ 29.12.2006 C 321 E/256─280.
The European Central Bank offers a web page with various versions, proposals and amendments:
http://www.ecb.europa.eu/ecb/legal/1341/1343/html/index.en.html
In the latest consolidated version of the treaties in force, the Statute is located in Protocol (No 18) in OJ 29.12.2006 C 321 E/256.
Not in force:
In the Treaty establishing a Constitution for Europe, we find the statute in Protocol (No 4), OJ 16.12.2004 C 310/225.
In the original Lisbon Treaty, look for Protocols to be annexed to the Treaty of Lisbon, IGC Protocol No 1 amending the Protocols annexed to the Treaty on European Union, to the Treaty establishing the European Community and/or to the Treaty establishing the European Atomic Energy Community, OJ 17.12.2007 C 306/163 (horizontal amendments) and from page 170 (specific amendments).
Protocol (No 4) on the statute of the European System of Central Banks and of the European Central Bank is presented in the consolidated version of the Treaty of Lisbon, OJ 9.5.2008 C 115/230.
Ralf Grahn
There are a few declarations relevant to the EC Treaty chapter on monetary policy. The declarations are politically (not legally) binding, and they have been annexed to the final acts of the intergovernmental conferences leading to the treaties of Maastricht, Amsterdam and Nice, respectively.
The European Central Bank (ECB) has a convenient web page on offer:
http://www.ecb.europa.eu/ecb/legal/1341/96687/html/index.en.html
If you are interested in a broader view of the declarations:
The latest consolidated version of the treaties (OJ 29.12.2006 C 321 E) does not contain the joint declarations or the unilateral declarations by one or more member states, but the Constitutional Treaty offers a fair approximation of the declarations seen as relevant today (OJ 16.12.2004 C 310).
The collected and updated declarations annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon are another approximative source of declarations still seen as relevant. The original Lisbon Treaty (OJ 17.12.2007 C 306) and the consolidated version (OJ 9.5.2008 C 115) differ as to the numbering of Articles.
***
Declaration on Article 111 (ex Article 109) of the Treaty establishing the European Community OJ 29.7.1992 C 191/99 explained that the use of the term ‘formal agreements’ is not intended to create a new category of international agreement within the meaning of Community law.
***
Declaration on Article 111 (ex Article 109), 174 (ex Article 130r) and 181 (ex Article 130y) of the Treaty establishing the European Community, OJ 29.7.1992 C 191/100, where the intergovernmental conference considered that the provisions did not affect the principles resulting from the judgment handed down in the AETR case.
***
Declaration on disputes between the ECB and the EMI and their servants, OJ 29.7.1992 C 191/108, where the intergovernmental conference invited the institutions to adapt the relevant rules to let the Court of First Instance hear this class of actions.
***
Declaration on the quality of the drafting of Community legislation, OJ 10.11.1997 C 340/139, on common guidelines for improving the quality of the drafting of Community legislation and on the acceleration of codification of legislative texts.
***
Declaration on the provisions relating to transparency, access to documents and the fight against fraud, OJ 10.11.1997 C 340/140, placed the Treaty establishing the European Community as the model to be followed by the institutions when they acted within the context of the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community.
***
Declaration on Article 111 of the Treaty establishing the European Community, OJ 10.3.2001 C 80/78, where the intergovernmental conference agreed that procedures shall be such as to enable all the Member States in the euro area to be fully involved in each stage of preparing the position of the Community at international level as regards issues of particular relevance to economic and monetary union.
***
At treaty level, legally binding and worth mentioning again, we have the Protocol on the Statute of the European System of Central Banks and of the ECB (original OJ 29.7.1992 C 191/68)
In the consolidated version of the treaties, the 53 Articles of Protocol (No 18) on the Statute of the European System of Central Banks and of the ECB repeat and elaborate on the treaty provisions; located in OJ 29.12.2006 C 321 E/256─280.
The European Central Bank offers a web page with various versions, proposals and amendments:
http://www.ecb.europa.eu/ecb/legal/1341/1343/html/index.en.html
In the latest consolidated version of the treaties in force, the Statute is located in Protocol (No 18) in OJ 29.12.2006 C 321 E/256.
Not in force:
In the Treaty establishing a Constitution for Europe, we find the statute in Protocol (No 4), OJ 16.12.2004 C 310/225.
In the original Lisbon Treaty, look for Protocols to be annexed to the Treaty of Lisbon, IGC Protocol No 1 amending the Protocols annexed to the Treaty on European Union, to the Treaty establishing the European Community and/or to the Treaty establishing the European Atomic Energy Community, OJ 17.12.2007 C 306/163 (horizontal amendments) and from page 170 (specific amendments).
Protocol (No 4) on the statute of the European System of Central Banks and of the European Central Bank is presented in the consolidated version of the Treaty of Lisbon, OJ 9.5.2008 C 115/230.
Ralf Grahn
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Saturday, 11 October 2008
EU: Monetary policy Id
At the outset of the chapter on monetary policy, we mention the treaty level provisions relevant to the European System of Central Banks (ESCB) and the European Central Bank (ECB), as set out in protocols. Originally, most of the protocols were annexed to the Treaty on European Union (Maastricht Treaty), and they can be accessed through the ECB web page ‘Relevant Protocols annexed to the Treaties’:
http://www.ecb.europa.eu/ecb/legal/1341/96667/html/index.en.html
Supposing that you work with the latest consolidated version of the treaties, ‘Consolidated versions of the Treaty on European Union and of the Treaty establishing the European Community’, I looked for the protocols as presented in the Official Journal of the European Union, OJ 29.12.2006 C 321 E, where the protocols are found in the different treaty languages from page 187 onwards. Here is the address to search for the desired OJ number:
http://eur-lex.europa.eu/JOIndex.do?ihmlang=en
***
Protocol on the Statute of the European System of Central Banks and of the ECB (original OJ 29.7.1992 C 191/68)
In the consolidated version of the treaties, the 53 Articles of Protocol (No 18) on the Statute of the European System of Central Banks and of the ECB repeat and elaborate on the treaty provisions; located in OJ 29.12.2006/256─280.
***
Protocol on the excessive deficit procedure (original OJ 29.7.1992 C 191/84)
Protocol (No 20) on the excessive deficit procedure, with i.a. the (maximum) reference values: government deficit 3 % of GDP and government debt 60 % of GDP, in OJ 29.12.2006/293─294.
***
Protocol on the convergence criteria referred to in Article 121 (ex Article 109) of the Treaty establishing the European Community (original OJ 29.7.1992 C 191/85)
Protocol (No 21) on the convergence criteria referred to in Article 121 of the Treaty establishing the European Community, with the following criteria defined: price stability, government budgetary position, participation in the exchange-rate mechanism and convergence of interest rates; OJ 29.12.2006/295─296.
***
Protocol on the privileges and immunities of the European Communities of 8 April 1965 (unofficial consolidated version 1.8.2003)
Protocol (No 36) on the privileges and immunities of the European Communities, with the European Central Bank added in Article 23; OJ 29.12.2006/318─324.
***
Protocol on Denmark (original OJ 29.7.1992 C 191/86)
Protocol (No 22) on Denmark allows he National Bank of Denmark to carry out carry out its existing tasks concerning those parts of the Kingdom of Denmark which are not part of the Community (in other words, the Faroe Islands and Greenland); OJ 29.12.2006/297.
***
Protocol on Portugal (original OJ 29.7.1992 C 191/86)
Protocol (No 23) on Portugal, whereby Portugal was authorised to maintain the facility afforded to the autonomous regions of Azores and Madeira to benefit from an interest-free credit facility with the Banco de Portugal under the terms established by existing Portuguese law, but Portugal committed itself to pursue its best endeavours in order to put an end to the as soon as possible; OJ 29.12.2006/297.
***
Protocol on the transition to the third stage of economic and monetary union (original OJ 29.7.1992 C 191/87)
Protocol (No 24) on the transition to the third stage of economic and monetary union, where the member states declared their respect the will for the Community to enter swiftly into the third stage, and to enable the Community to enter the third stage irrevocably on 1 January 1999 and to enable the ECB and the ESCB to start their full functioning from this date; OJ 29.12.2006/298.
***
Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland (original OJ 29.7.1992 C 191/87)
Protocol (No 25) on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland, where the member states recognised that the United Kingdom shall not be obliged or committed to move to the third stage of economic and monetary union without a separate decision to do so by its government and parliament, and set out the procedures and limitations caused by the UK opt-out; OJ 29.12.2006/299─301.
***
Protocol on certain provisions relating to Denmark (original OJ 29.7.1992 C 191/89)
Protocol (No 26) on certain provisions relating to Denmark, which acknowledged the Danish exemption from participation in the third stage of economic and monetary union (one of the four Maastricht opt-outs by Denmark); OJ 29.12.2006/302.
***
Protocol on France (original OJ 29.7.1992 C 191/90)
Protocol (No 27) on France, which provided that France will keep the privilege of monetary emission in its overseas territories under the terms established by its national laws, and will be solely entitled to determine the parity of the CFP franc; OJ 29.12.2006/303.
***
Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol (OJ 10.11.1997 C 340/112)
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, with paragraph (i) apportioning the European Monetary Institute and the European Central Bank to have their seat in Frankfurt (am Main); OJ 29.12.2006/226.
Ralf Grahn
http://www.ecb.europa.eu/ecb/legal/1341/96667/html/index.en.html
Supposing that you work with the latest consolidated version of the treaties, ‘Consolidated versions of the Treaty on European Union and of the Treaty establishing the European Community’, I looked for the protocols as presented in the Official Journal of the European Union, OJ 29.12.2006 C 321 E, where the protocols are found in the different treaty languages from page 187 onwards. Here is the address to search for the desired OJ number:
http://eur-lex.europa.eu/JOIndex.do?ihmlang=en
***
Protocol on the Statute of the European System of Central Banks and of the ECB (original OJ 29.7.1992 C 191/68)
In the consolidated version of the treaties, the 53 Articles of Protocol (No 18) on the Statute of the European System of Central Banks and of the ECB repeat and elaborate on the treaty provisions; located in OJ 29.12.2006/256─280.
***
Protocol on the excessive deficit procedure (original OJ 29.7.1992 C 191/84)
Protocol (No 20) on the excessive deficit procedure, with i.a. the (maximum) reference values: government deficit 3 % of GDP and government debt 60 % of GDP, in OJ 29.12.2006/293─294.
***
Protocol on the convergence criteria referred to in Article 121 (ex Article 109) of the Treaty establishing the European Community (original OJ 29.7.1992 C 191/85)
Protocol (No 21) on the convergence criteria referred to in Article 121 of the Treaty establishing the European Community, with the following criteria defined: price stability, government budgetary position, participation in the exchange-rate mechanism and convergence of interest rates; OJ 29.12.2006/295─296.
***
Protocol on the privileges and immunities of the European Communities of 8 April 1965 (unofficial consolidated version 1.8.2003)
Protocol (No 36) on the privileges and immunities of the European Communities, with the European Central Bank added in Article 23; OJ 29.12.2006/318─324.
***
Protocol on Denmark (original OJ 29.7.1992 C 191/86)
Protocol (No 22) on Denmark allows he National Bank of Denmark to carry out carry out its existing tasks concerning those parts of the Kingdom of Denmark which are not part of the Community (in other words, the Faroe Islands and Greenland); OJ 29.12.2006/297.
***
Protocol on Portugal (original OJ 29.7.1992 C 191/86)
Protocol (No 23) on Portugal, whereby Portugal was authorised to maintain the facility afforded to the autonomous regions of Azores and Madeira to benefit from an interest-free credit facility with the Banco de Portugal under the terms established by existing Portuguese law, but Portugal committed itself to pursue its best endeavours in order to put an end to the as soon as possible; OJ 29.12.2006/297.
***
Protocol on the transition to the third stage of economic and monetary union (original OJ 29.7.1992 C 191/87)
Protocol (No 24) on the transition to the third stage of economic and monetary union, where the member states declared their respect the will for the Community to enter swiftly into the third stage, and to enable the Community to enter the third stage irrevocably on 1 January 1999 and to enable the ECB and the ESCB to start their full functioning from this date; OJ 29.12.2006/298.
***
Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland (original OJ 29.7.1992 C 191/87)
Protocol (No 25) on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland, where the member states recognised that the United Kingdom shall not be obliged or committed to move to the third stage of economic and monetary union without a separate decision to do so by its government and parliament, and set out the procedures and limitations caused by the UK opt-out; OJ 29.12.2006/299─301.
***
Protocol on certain provisions relating to Denmark (original OJ 29.7.1992 C 191/89)
Protocol (No 26) on certain provisions relating to Denmark, which acknowledged the Danish exemption from participation in the third stage of economic and monetary union (one of the four Maastricht opt-outs by Denmark); OJ 29.12.2006/302.
***
Protocol on France (original OJ 29.7.1992 C 191/90)
Protocol (No 27) on France, which provided that France will keep the privilege of monetary emission in its overseas territories under the terms established by its national laws, and will be solely entitled to determine the parity of the CFP franc; OJ 29.12.2006/303.
***
Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and of Europol (OJ 10.11.1997 C 340/112)
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, with paragraph (i) apportioning the European Monetary Institute and the European Central Bank to have their seat in Frankfurt (am Main); OJ 29.12.2006/226.
Ralf Grahn
Labels:
EC,
ECB,
EMU,
EU Law,
European Central Bank,
European Community,
monetary policy,
protocol,
Statute,
TEC
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