26.PROTOCOL ON THE ACQUISITION OF PROPERTY IN DENMARK

THE HIGH CONTRACTING PARTIES, DESIRING to settle certain particular problems relating to Denmark, HAVE AGREED upon the following provision, which shall be annexed to the Treaty establishing a Constitution for Europe:

Sole article

Notwithstanding the provisions of the Constitution, Denmark may maintain the existing legislation on the acquisition of second homes.

27. PROTOCOL ON THE SYSTEM OF PUBLIC BROADCASTING IN THE MEMBER STATES

Sole article

The provisions of the Constitution 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 Union 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.

28. PROTOCOL CONCERNING ARTICLE III-214 OF THE CONSTITUTION

Sole article

For the purposes of Article 3‑214 of the Constitution, benefits under occupational social security schemes shall not be considered as remuneration if and insofar as they are attributable to periods of employment prior to 17 May 1990, except in the case of workers or those claiming under them who have before that date initiated legal proceedings or introduced an equivalent claim under the applicable national law.

29. PROTOCOL ON ECONOMIC, SOCIAL AND TERRITORIAL COHESION

Sole article

1. The Member States reaffirm that the promotion of economic, social and territorial cohesion is vital to the full development and enduring success of the Union.

2. The Member States reaffirm their conviction that the Structural Funds should continue to play a considerable part in the achievement of Union objectives in the field of cohesion.

3. The Member States reaffirm their conviction that the European Investment Bank should continue to devote the majority of its resources to the promotion of economic, social and territorial cohesion, and declare their willingness to review the capital needs of the European Investment Bank as soon as this is necessary for that purpose.

4. The Member States agree that the Cohesion Fund shall provide Union financial contributions to projects in the fields of environment and trans‑European networks in Member States with a per capita GNP of less than 90 % of the Union average which have a programme leading to the fulfilment of the conditions of economic convergence as set out in Article 3‑184 of the Constitution.

5. The Member States declare their intention of allowing a greater margin of flexibility in allocating financing from the Structural Funds to specific needs not covered under the present Structural Funds regulations.

6. The Member States declare their willingness to modulate the levels of Union participation in the context of programmes and projects of the Structural Funds, with a view to avoiding excessive increases in budgetary expenditure in the less prosperous Member States.

7. The Member States recognise the need to monitor regularly the progress made towards achieving economic, social and territorial cohesion, and state their willingness to study all necessary measures in this respect.

8. The Member States declare their intention of taking greater account of the contributive capacity of individual Member States in the system of own resources, and of examining means of correcting, for the less prosperous Member States, regressive elements existing in the present own resources system.

9. PROTOCOL ON SPECIAL ARRANGEMENTS FOR GREENLAND

Sole article

1. The treatment on import into the Union of products subject to the common organisation of the market in fishery products and originating in Greenland shall, while complying with the mechanisms of the common market organisation, involve exemption from customs duties and charges having equivalent effect and the absence of quantitative restrictions or measures having equivalent effect if the possibilities for access to Greenland fishing zones granted to the Union pursuant to an agreement between the Union and the authority responsible for Greenland are satisfactory to the Union.

2. The measures relating to the import arrangements for the products referred to in paragraph 1 shall be adopted in accordance with the procedures laid down in Article 3‑231 of the Constitution.

3. PROTOCOL ON ARTICLE 40.3.3 OF THE CONSTITUTION OF IRELAND

Sole article

Nothing in the Treaty establishing a Constitution for Europe or in the Treaties or Acts modifying or supplementing it shall affect the application in Ireland of Article 40.3.3 of the Constitution of Ireland.

32. PROTOCOL RELATING TO ARTICLE I–9(2) OF THE CONSTITUTION ON THE ACCESSION OF THE UNION TO THE EUROPEAN CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Article 1

The agreement relating to the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the ‘European Convention’) provided for in Article I-9(2) of the Constitution shall make provision for preserving the specific characteristics of the Union and Union law, in particular with regard to: (a) the specific arrangements for the Union’s possible participation in the control bodies of the European Convention; (b) the mechanisms necessary to ensure that proceedings by non-Member States and individual applications are correctly addressed to Member States and/or the Union as appropriate.

Article 2

The agreement referred to in Article 1 shall ensure that accession of the Union shall not affect the competences of the Union or the powers of its institutions. It shall ensure that nothing therein affects the situation of Member States in relation to the European Convention, in particular in relation to the Protocols thereto, measures taken by Member States derogating from the European Convention in accordance with Article 15 thereof and reservations to the European Convention made by Member States in accordance with Article 57 thereof.

Article 3

Nothing in the agreement referred to in Article 1 shall affect Article 3-375(2) of the Constitution.

33. PROTOCOL ON THE ACTS AND TREATIES WHICH HAVE SUPPLEMENTED OR AMENDED THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY AND THE TREATY ON EUROPEAN UNION

Article 1

1. The following Acts and Treaties which have supplemented or amended the Treaty establishing the European Community are hereby repealed: (a) the Protocol of 8 April 1965 on the privileges and immunities of the European Communities annexed to the Treaty establishing a single Council and a single Commission (OJ 152, 13.7.1967, p. 13); (b) the Treaty of 22 April 1970 amending certain budgetary provisions of the Treaties establishing the European Communities and of the Treaty establishing a single Council and a single Commission of the European Communities (OJ L 2, 2.1.1971, p. 1); (c) the Treaty of 22 July 1975 amending certain financial provisions of the Treaties establishing the European Communities and of the Treaty establishing a single Council and a single Commission of the European Communities (OJ L 359, 31.12.1977, p. 4); (d) the Treaty of 10 July 1975 amending certain provisions of the Protocol on the Statute of the European Investment Bank (OJ L 91, 6.4.1978, p. 1); (e) the Treaty of 13 March 1984 amending, with regard to Greenland, the Treaties establishing the European Communities (OJ L 29, 1.2.1985, p. 1); (f) the Single European Act of 17 February 1986 and 28 February 1986 (OJ L 169, 29.6.1987, p. 1) (g) the Act of 25 March 1993 amending the Protocol on the Statute of the European Investment Bank, empowering the Board of Governors to establish a European Investment Fund (OJ L 173, 7.7.1994, p. 14); (h) Decision 2003/223/EC of the Council, meeting in the composition of the Heads of State or Government, of 21 March 2003 on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank (OJ L 83, 1.4.2003, p. 66).
2. The Treaty of Amsterdam of 2 October 1997 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts is hereby repealed (OJ C 340, 10.11.1997, p. 1).
3. The Treaty of Nice of 26 February 2001 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts is hereby repealed (OJ C 80, 10.3.2001, p. 1).

Article 2

1. Without prejudice to the application of Article 3‑432 of the Constitution and Article 189 of the Treaty establishing the European Atomic Energy Community, 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.
2. The Act concerning the election of representatives of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom (OJ L 278, 8.10.1976, p. 1), as it stands at the time of entry into force of the Treaty establishing a Constitution for Europe remains in force. In order to bring it into line with the Constitution, this Act is hereby amended as follows: (a) Article 1(3) shall be deleted. (b) This amendment does not concern the English text. (c) In Article 6(2), the words ‘of 8 April 1965’ shall be deleted; and the term ‘European Communities’ shall be replaced by ‘European Union’. (d) In the second indent of Article 7(1), the term ‘Commission of the European Communities’ shall be replaced by ‘European Commission’. (e) In the third indent of Article 7(1), the phrase ‘Court of Justice of the European Communities or of the Court of First Instance’ shall be replaced by ‘Court of Justice of the European Union’. (f) In the fifth indent of Article 7(1), the term ‘Court of Auditors of the European Communities’ shall be replaced by ‘Court of Auditors’. (g) In the sixth indent of Article 7(1), the term ‘Ombudsman of the European Communities’ shall be replaced by ‘European Ombudsman’. (h) In the seventh indent of Article 7(1), the phrase ‘of the European Economic Community and of the European Atomic Energy Community’ shall be replaced by ‘of the European Union’. (i) In the ninth indent of Article 7(1), the phrase ‘pursuant to the Treaties establishing the European Economic Community and the European Atomic Energy Community’ shall be replaced by ‘pursuant to the Treaty establishing a Constitution for Europe and the Treaty establishing the European Atomic Energy Community’; and the term ‘Communities’’ shall be replaced by ‘Union’s’. (j) In the eleventh indent of Article 7(1), the phrase ‘institutions of the European Communities or of the specialised bodies attached to them or of the European Central Bank’ shall be replaced by ‘institutions, bodies, offices or agencies of the European Union’. (k) The indents of Article 7(1) shall become points (a) to (k) respectively. (l) The indents of the second subparagraph of Article 7(2) shall become points (a) and (b) respectively. (m) In the second subparagraph of Article 11(2), the term ‘Community’ shall be replaced by ‘Union’; the word ‘determine’ shall be replaced by ‘adopt a European decision which shall determine’; and the words ‘preceding subparagraph’ shall be replaced by ‘first subparagraph’. (n) In Article 11(3), the phrase ‘without prejudice to Article 139 of the Treaty establishing the European Community’ shall be replaced by ‘without prejudice to Article 3‑336 of the Constitution’. (o) In Article 14, the term ‘a proposal’ shall be replaced by ‘an initiative’; and the phrase ‘adopt such measures’ shall be replaced by ‘adopt the necessary European regulations or decisions’.