SECTION 5: POLICE COOPERATION

Article 3-275

1. The Union shall establish police cooperation involving all the Member States’ competent authorities, including police, customs and other specialised law enforcement services in relation to the prevention, detection and investigation of criminal offences.
2. For the purposes of paragraph 1, European laws or framework laws may establish measures concerning: (a) the collection, storage, processing, analysis and exchange of relevant information; (b) support for the training of staff, and cooperation on the exchange of staff, on equipment and on research into crime‑detection; (c) common investigative techniques in relation to the detection of serious forms of organised crime.954393_TRAITE_EN_101_150 12-01-2005 14:22 Pagina 128 128 Part III
3. A European law or framework law of the Council may establish measures concerning operational cooperation between the authorities referred to in this Article. The Council shall act unanimously after consulting the European Parliament. Article 3-276
4. Europol’s mission shall be to support and strengthen action by the Member States’ police authorities and other law enforcement services and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy.
5. European laws shall determine Europol’s structure, operation, field of action and tasks. These tasks may include: (a) the collection, storage, processing, analysis and exchange of information forwarded particularly by the authorities of the Member States or third countries or bodies; (b) the coordination, organisation and implementation of investigative and operational action carried out jointly with the Member States’ competent authorities or in the context of joint investigative teams, where appropriate in liaison with Eurojust. European laws shall also lay down the procedures for scrutiny of Europol’s activities by the European Parliament, together with national Parliaments.
6. Any operational action by Europol must be carried out in liaison and in agreement with the authorities of the Member State or States whose territory is concerned. The application of coercive measures shall be the exclusive responsibility of the competent national authorities. Article 3-277 A European law or framework law of the Council shall lay down the conditions and limitations under which the competent authorities of the Member States referred to in Articles III-270 and III-275 may operate in the territory of another Member State in liaison and in agreement with the authorities of that State. The Council shall act unanimously after consulting the European Parliament.954393_TRAITE_EN_101_150 12-01-2005 14:22 Pagina 129 Treaty establishing a Constitution for Europe 129 CHAPTER V AREAS WHERE THE UNION MAY TAKE COORDINATING, COMPLEMENTARY OR SUPPORTING ACTION SECTION 1 PUBLIC HEALTH Article 3‑278
7. A high level of human health protection shall be ensured in the definition and implementation of all the Union’s policies and activities. Action by the Union, which shall complement national policies, shall be directed towards improving public health, preventing human illness and diseases, and obviating sources of danger to physical and mental health. Such action shall cover: (a) 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; (b) monitoring, early warning of and combating serious cross-border threats to health. The Union shall complement the Member States’ action in reducing drug‑related health damage, including information and prevention.
8. The Union shall encourage cooperation between the Member States in the areas referred to in this Article and, if necessary, lend support to their action. It shall in particular encourage cooperation between the Member States to improve the complementarity of their health services in cross‑border areas. 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, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.
9. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of public health.954393_TRAITE_EN_101_150 130 12-01-2005 14:22 Pagina 130 Part III
10. By way of derogation from Article I‑12(5) and Article I‑17(a) and in accordance with Article I‑14 (2)(k), European laws or framework laws shall contribute to the achievement of the objectives referred to in this Article by establishing the following measures in order to meet common safety concerns: (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) measures in the veterinary and phytosanitary fields which have as their direct objective the protection of public health; (c) measures setting high standards of quality and safety for medicinal products and devices for medical use; (d) measures concerning monitoring, early warning of and combating serious cross-border threats to health. Such European laws or framework laws shall be adopted after consultation of the Committee of the Regions and the Economic and Social Committee.
11. European laws or framework laws may also establish incentive measures designed to protect and improve human health and in particular to combat the major cross‑border health scourges, as well as measures which have as their direct objective the protection of public health regarding tobacco and the abuse of alcohol, excluding any harmonisation of the laws and regulations of the Member States. They shall be adopted after consultation of the Committee of the Regions and the Economic and Social Committee.
12. For the purposes of this Article, the Council, on a proposal from the Commission, may also adopt recommendations.
13. Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care. The responsibilities of the Member States shall include the management of health services and medical care and the allocation of the resources assigned to them. The measures referred to in paragraph 4(a) shall not affect national provisions on the donation or medical use of organs and blood.954393_TRAITE_EN_101_150 12-01-2005 14:22 Pagina 131 Treaty establishing a Constitution for Europe 131 SECTION 2 INDUSTRY Article 3‑279
14. The Union and the Member States shall ensure that the conditions necessary for the competitiveness of the Union’s industry exist. For that purpose, in accordance with a system of open and competitive markets, their action shall be aimed at: (a) speeding up the adjustment of industry to structural changes; (b) encouraging an environment favourable to initiative and to the development of undertakings throughout the Union, particularly small and medium‑sized undertakings; (c) encouraging an environment favourable to cooperation between undertakings; (d) fostering better exploitation of the industrial potential of policies of innovation, research and technological development.
15. 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, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.
16. The Union shall contribute to the achievement of the objectives set out in paragraph 1 through the policies and activities it pursues under other provisions of the Constitution. European laws or framework laws may establish specific measures in support of action taken in the Member States to achieve the objectives set out in paragraph 1, excluding any harmonisation of the laws and regulations of the Member States. They shall be adopted after consultation of the Economic and Social Committee. This Section shall not provide a basis for the introduction by the Union of any measure which could lead to distortion of competition or contains tax provisions or provisions relating to the rights and interests of employed persons. SECTION 3 CULTURE Article 3‑280
17. The Union 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.
18. Action by the Union shall be aimed at encouraging cooperation between Member States and, if necessary, supporting and complementing their action in the following areas: (a) improvement of the knowledge and dissemination of the culture and history of the European peoples; (b) conservation and safeguarding of cultural heritage of European significance; (c) non‑commercial cultural exchanges; (d) artistic and literary creation, including in the audiovisual sector.
19. The Union 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.
20. The Union shall take cultural aspects into account in its action under other provisions of the Constitution, in particular in order to respect and to promote the diversity of its cultures.

In order to contribute to the achievement of the objectives referred to in this Article: (a) European laws or framework laws shall establish incentive measures, excluding any harmonisation of the laws and regulations of the Member States. They shall be adopted after consultation of the Committee of the Regions; (b) the Council, on a proposal from the Commission, shall adopt recommendations. SECTION 4 TOURISM Article 3‑281

1. The Union shall complement the action of the Member States in the tourism sector, in particular by promoting the competitiveness of Union undertakings in that sector. To that end, Union action shall be aimed at: (a) encouraging the creation of a favourable environment for the development of undertakings in this sector; (b) promoting cooperation between the Member States, particularly by the exchange of good practice;
2. European laws or framework laws shall establish specific measures to complement actions within the Member States to achieve the objectives referred to in this Article, excluding any harmonisation of the laws and regulations of the Member States.

SECTION 5: EDUCATION, YOUTH, SPORT AND VOCATIONAL TRAINING

Article 3‑282

1. The Union shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and complementing their action. It shall fully respect the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity. The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function. Union action shall be aimed at: (a) developing the European dimension in education, particularly through the teaching and dissemination of the languages of the Member States; (b) encouraging mobility of students and teachers, inter alia by encouraging the academic recognition of diplomas and periods of study; (c) promoting cooperation between educational establishments; (d) developing exchanges of information and experience on issues common to the education systems of the Member States; (e) encouraging the development of youth exchanges and of exchanges of socio‑educational instructors and encouraging the participation of young people in democratic life in Europe; (f) encouraging the development of distance education; (g) developing the European dimension in sport, by promoting fairness and openness in sporting competitions and cooperation between bodies responsible for sports, and by protecting the physical and moral integrity of sportsmen and sportswomen, especially young sportsmen and sportswomen.
2. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the field of education and sport, in particular the Council of Europe.
3. In order to contribute to the achievement of the objectives referred to in this Article: (a) European laws or framework laws shall establish incentive measures, excluding any harmonisation of the laws and regulations of the Member States. They shall be adopted after consultation of the Committee of the Regions and the Economic and Social Committee; (b) the Council, on a proposal from the Commission, shall adopt recommendations.

Article 3‑283

1. The Union shall implement a vocational training policy which shall support and complement the action of the Member States, while fully respecting the responsibility of the Member States for the content and organisation of vocational training. Union action shall aim to: (a) facilitate adaptation to industrial change, in particular through vocational training and retraining; (b) improve initial and continuing vocational training in order to facilitate vocational integration and reintegration into the labour market; (c) facilitate access to vocational training and encourage mobility of instructors and trainees and particularly young people; (d) stimulate cooperation on training between educational or training establishments and firms; (e) develop exchanges of information and experience on issues common to the training systems of the Member States.
2. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of vocational training.
3. In order to contribute to the achievement of the objectives referred to in this Article: (a) European laws or framework laws shall establish the necessary measures, excluding any harmonisation of the laws and regulations of the Member States. They shall be adopted after consultation of the Committee of the Regions and the Economic and Social Committee; (b) the Council, on a proposal from the Commission, shall adopt recommendations.

SECTION 6: CIVIL PROTECTION

Article 3‑284

1. The Union shall encourage cooperation between Member States in order to improve the effectiveness of systems for preventing and protecting against natural or man‑made disasters. Union action shall aim to: (a) support and complement Member States’ action at national, regional and local level in risk prevention, in preparing their civil‑protection personnel and in responding to natural or man‑made disasters within the Union; (b) promote swift, effective operational cooperation within the Union between national civil‑protection services; (c) promote consistency in international civil‑protection work.
2. European laws or framework laws shall establish the measures necessary to help achieve the objectives referred to in paragraph 1, excluding any harmonisation of the laws and regulations of the Member States.

SECTION 7: ADMINISTRATIVE COOPERATION

Article 3‑285

1. Effective implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest.
2. The Union may support the efforts of Member States to improve their administrative capacity to implement Union law. Such action may include facilitating the exchange of information and of civil servants as well as supporting training schemes. No Member State shall be obliged to avail itself of such support. European laws shall establish the necessary measures to this end, excluding any harmonisation of the laws and regulations of the Member States.
3. This Article shall be without prejudice to the obligations of the Member States to implement Union law or to the prerogatives and duties of the Commission. It shall also be without prejudice to other provisions of the Constitution providing for administrative cooperation among the Member States and between them and the Union.