TITLE VI - THE FUNCTIONING OF THE UNION
CHAPTER III - ENHANCED COOPERATION
ARTICLE III-416
Any enhanced cooperation shall comply with the Constitution and the law of the Union.
Such cooperation shall not undermine the internal market or economic, social
and territorial cohesion. It shall not constitute a barrier to or discrimination
in trade between Member States, nor shall it distort competition between them.
ARTICLE III-417
Any enhanced cooperation shall respect the competences, rights and obligations of those Member States which do not participate in it. Those Member States shall not impede its implementation by the participating Member States.
ARTICLE III-418
1. When enhanced cooperation is being established, it shall be open to all Member States, subject to compliance with any conditions of participation laid down by the European authorising decision. It shall also be open to them at any other time, subject to compliance with the acts already adopted within that framework, in addition to any such conditions.
The Commission and the Member States participating in enhanced cooperation shall
ensure that they promote participation by as many Member States as possible.
2. The Commission and, where appropriate, the Union Minister for Foreign Affairs shall keep the European Parliament and the Council regularly informed regarding developments in enhanced cooperation.
ARTICLE III-419
1. Member States which wish to establish enhanced cooperation between themselves in one of the areas covered by the Constitution, with the exception of fields of exclusive competence and the common foreign and security policy, shall address a request to the Commission, specifying the scope and objectives of the enhanced cooperation proposed. The Commission may submit a proposal to the Council to that effect. In the event of the Commission not submitting a proposal, it shall inform the Member States concerned of the reasons for not doing so.
Authorisation to proceed with enhanced cooperation shall be granted by a European
decision of the Council, which shall act on a proposal from the Commission and
after obtaining the consent of the European Parliament.
2. The request of the Member States which wish to establish enhanced cooperation
between themselves within the framework of the common foreign and security policy
shall be addressed to the Council. It shall be forwarded to the Union Minister
for Foreign Affairs, who shall give an opinion on whether the enhanced cooperation
proposed is consistent with the Union's common foreign and security policy,
and to the Commission, which shall give its opinion in particular on whether
the enhanced cooperation proposed is consistent with other Union policies. It
shall also be forwarded to the European Parliament for information.
Authorisation to proceed with enhanced cooperation shall be granted by a European
decision of the Council acting unanimously.
ARTICLE III-420
1. Any Member State which wishes to participate in enhanced cooperation in progress in one of the areas referred to in Article III-419(1) shall notify its intention to the Council and the Commission.
The Commission shall, within four months of the date of receipt of the notification,
confirm the participation of the Member State concerned. It shall note where
necessary that the conditions of participation have been fulfilled and shall
adopt any transitional measures necessary with regard to the application of
the acts already adopted within the framework of enhanced cooperation.
However, if the Commission considers that the conditions of participation have
not been fulfilled, it shall indicate the arrangements to be adopted to fulfil
those conditions and shall set a deadline for re-examining the request. On the
expiry of that deadline, it shall re-examine the request, in accordance with
the procedure set out in the second subparagraph. If the Commission considers
that the conditions of participation have still not been met, the Member State
concerned may refer the matter to the Council, which shall decide on the request.
The Council shall act in accordance with Article I-44(3). It may also adopt
the transitional measures referred to in the second subparagraph on a proposal
from the Commission.
2. Any Member State which wishes to participate in enhanced cooperation in progress
in the framework of the common foreign and security policy shall notify its
intention to the Council, the Union Minister for Foreign Affairs and the Commission.
The Council shall confirm the participation of the Member State concerned, after
consulting the Union Minister for Foreign Affairs and after noting, where necessary,
that the conditions of participation have been fulfilled. The Council, on a
proposal from the Union Minister for Foreign Affairs, may also adopt any transitional
measures necessary with regard to the application of the acts already adopted
within the framework of enhanced cooperation. However, if the Council
considers that the conditions of participation have not been fulfilled, it shall
indicate the arrangements to be adopted to fulfil those conditions and shall
set a deadline for re-examining the request for participation.
For the purposes of this paragraph, the Council shall act unanimously and in accordance with Article I-44(3).
ARTICLE III-421
Expenditure resulting from implementation of enhanced cooperation, other than administrative costs entailed for the institutions, shall be borne by the participating Member States, unless all members of the Council, acting unanimously after consulting the European Parliament, decide otherwise.
ARTICLE III-422
1. Where a provision of the Constitution which may be applied in the context of enhanced cooperation stipulates that the Council shall act unanimously, the Council, acting unanimously in accordance with the arrangements laid down in Article I-44(3), may adopt a European decision stipulating that it will act by a qualified majority.
2. Where a provision of the Constitution which may be applied in the context
of enhanced cooperation stipulates that the Council shall adopt European laws
or framework laws under a special legislative procedure, the Council, acting
unanimously in accordance with the arrangements laid down in Article I-44(3),
may adopt a European decision stipulating that it will act under the ordinary
legislative procedure. The Council shall act after consulting the European Parliament.
3. Paragraphs 1 and 2 shall not apply to decisions having military or defence
implications.
ARTICLE III-423
The Council and the Commission shall ensure the consistency of activities undertaken in the context of enhanced cooperation and the consistency of such activities with the policies of the Union, and shall cooperate to that end.