CHAPTER III
ENHANCED COOPERATION
ARTICLE I-44
Enhanced cooperation
1. Member States which wish to establish enhanced cooperation between themselves
within the framework of the Union's non-exclusive competences may make use of
its institutions and exercise those competences by applying the relevant provisions
of the Constitution, subject to the limits and in accordance with the procedures
laid down in this Article and in Articles III-416 to III-423.
Enhanced cooperation shall aim to further the objectives of the Union, protect
its interests and reinforce its integration process. Such cooperation shall
be open at any time to all Member States, in accordance with Article III-418.
2. The European decision authorising enhanced cooperation shall be adopted by the Council as a last resort, when it has established that the objectives of such cooperation cannot be attained within a reasonable period by the Union as a whole, and provided that at least one third of the Member States participate in it. The Council shall act in accordance with the procedure laid down in Article III-419.
3. All members of the Council may participate in its deliberations, but only members of the Council representing the Member States participating in enhanced cooperation shall take part in the vote.
Unanimity shall be constituted by the votes of the representatives of the participating
Member States only.
A qualified majority shall be defined as at least 55% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States.
A blocking minority must include at least the minimum number of Council members representing more than 35% of the population of the participating Member States, plus one member, failing which the qualified majority shall be deemed attained.
By way of derogation from the third and fourth subparagraphs, where the Council does not act on a proposal from the Commission or from the Union Minister for Foreign Affairs, the required qualified majority shall be defined as at least 72% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States.
4. Acts adopted in the framework of enhanced cooperation shall bind only participating Member States. They shall not be regarded as part of the acquis which has to be accepted by candidate States for accession to the Union.