34. PROTOCOL ON THE TRANSITIONAL PROVISIONS RELATING TO THE INSTITUTIONS AND BODIES OF THE UNION

TITLE I

PROVISIONS CONCERNING THE EUROPEAN PARLIAMENT

Article 1

1. In accordance with the second subparagraph of Article I‑20(2) of the Constitution, the European Council shall adopt a European decision determining the composition of the European Parliament sufficiently in advance of the 2009 European Parliament elections.
2. During the 2004‑2009 parliamentary term, the composition and the number of representatives elected to the European Parliament in each Member State shall remain the same as on the date of the entry into force of the Treaty establishing a Constitution for Europe, the number of representatives being as follows: Belgium 24 Czech Republic 24 Denmark 14 Germany 99 Estonia 6 Greece 24 Spain 54 France 78 Ireland 13 Italy 78 Cyprus 6 Latvia 9 Lithuania 13 Luxembourg 6 Hungary 24 Malta 5 Netherlands 27 Austria 18 Poland 54 Portugal 24 Slovenia 7 Slovakia 14 Finland 14 Sweden 19 United Kingdom 78

TITLE 2: PROVISIONS CONCERNING THE EUROPEAN COUNCIL AND THE COUNCIL

Article 2

1. The provisions of Article I‑25(1), (2) and (3) of the Constitution on the definition of the qualified majority in the European Council and the Council shall take effect on 1 November 2009, after the 2009 European Parliament elections have taken place in accordance with Article I‑20(2) of the Constitution.
2. The following provisions shall remain in force until 31 October 2009, without prejudice to Article I‑25(4) of the Constitution. For acts of the European Council and of the Council requiring a qualified majority, members’ votes shall be weighted as follows: Belgium 12 Czech Republic 12 Denmark 7 Germany 29 Estonia 4 Greece 12 Spain 27 France 29 Ireland 7954393_TRAITE_EN_351_400 13-01-2005 08:00 Pagina 391 Treaty establishing a Constitution for Europe 391 Italy 29 Cyprus 4 Latvia 4 Lithuania 7 Luxembourg 4 Hungary 12 Malta 3 Netherlands 13 Austria 10 Poland 27 Portugal 12 Slovenia 4 Slovakia 7 Finland 7 Sweden 10 United Kingdom 29 Acts shall be adopted if there are at least 232 votes in favour representing a majority of the members where, under the Constitution, they must be adopted on a proposal from the Commission. In other cases decisions shall be adopted if there are at least 232 votes in favour representing at least two thirds of the members. A member of the European Council or the Council may request that, where an act is adopted by the European Council or the Council by a qualified majority, a check is made to ensure that the Member States comprising the qualified majority represent at least 62 % of the total population of the Union. If that proves not to be the case, the act shall not be adopted.
3. For subsequent accessions, the threshold referred to in paragraph 2 shall be calculated to ensure that the qualified majority threshold expressed in votes does not exceed that resulting from the table in the Declaration on the enlargement of the European Union in the Final Act of the Conference which adopted the Treaty of Nice.

The provisions of the following Articles shall take effect on 1 November 2009: — Article I‑44(3), third, fourth and fifth subparagraphs, of the Constitution, — Article I‑59(5), second and third subparagraphs, of the Constitution, — Article I‑60(4), second subparagraph, of the Constitution, — Article 3‑179(4), third and fourth subparagraphs, of the Constitution,954393_TRAITE_EN_351_400 13-01-2005 08:01 Pagina 392 392 Part IV — Article 3‑184(6), third and fourth subparagraphs, of the Constitution, — Article 3‑184(7), third and fourth subparagraphs, of the Constitution, — Article 3‑194(2), second and third subparagraphs, of the Constitution, — Article 3‑196(3), second and third subparagraphs, of the Constitution, — Article 3‑197(4), second and third subparagraphs, of the Constitution, — Article 3‑198(2), third subparagraph, of the Constitution, — Article 3‑312(3), third and fourth subparagraphs, of the Constitution, — Article 3‑312(4), third and fourth subparagraphs, of the Constitution, — Article 1, second, third and fourth paragraphs, and Article 3(1), second, third and fourth subparagraphs, of the Protocol on the position of the United Kingdom and Ireland on policies in respect of border controls, asylum and immigration, judicial cooperation in civil matters and on police cooperation, — Article 1, second, third and fourth paragraphs and Article 5, third, fourth and fifth paragraphs, of the Protocol on the position of Denmark. Until 31 October 2009, the qualified majority shall, in cases where not all the members of the Council participate in voting, namely in the cases referred to in the articles mentioned in the first subparagraph, be defined as the same proportion of the weighted votes and the same proportion of the number of the Council members and, if appropriate, the same percentage of the population of the Member States concerned as laid down in paragraph 2. Article 3 Until the entry into force of the European decision referred to in Article I‑24(4) of the Constitution, the Council may meet in the configurations laid down in Article I‑24(2) and (3) and in the other configurations on the list established by a European decision of the General Affairs Council, acting by a simple majority.

TITLE 3: PROVISIONS CONCERNING THE COMMISSION, INCLUDING THE UNION MINISTER FOR FOREIGN AFFAIRS

Article 4 The members of the Commission in office on the date of entry into force of the Treaty establishing a Constitution for Europe shall remain in office until the end of their term of office. However, on the day of the appointment of the Union Minister for Foreign Affairs, the term of office of the member having the same nationality as the Union Minister for Foreign Affairs shall end.954393_TRAITE_EN_351_400 13-01-2005 08:01 Pagina 393 Treaty establishing a Constitution for Europe 393 TITLE IV PROVISIONS CONCERNING THE SECRETARY-GENERAL OF THE COUNCIL, HIGH REPRESENTATIVE FOR THE COMMON FOREIGN AND SECURITY POLICY, AND THE DEPUTY SECRETARY-GENERAL OF THE COUNCIL Article 5 The terms of office of the Secretary‑General of the Council, High Representative for the common foreign and security policy, and the Deputy Secretary‑General of the Council shall end on the date of entry into force of the Treaty establishing a Constitution for Europe. The Council shall appoint a Secretary‑General in conformity with Article 3‑344(2) of the Constitution. TITLE V PROVISIONS CONCERNING ADVISORY BODIES Article 6 Until entry into force of the European decision referred to in Article 3‑386 of the Constitution, the allocation of members of the Committee of the Regions shall be as follows: Belgium 12 Czech Republic 12 Denmark 9 Germany 24 Estonia 7 Greece 12 Spain 21 France 24 Ireland 9 Italy 24 Cyprus 6 Latvia 7 Lithuania 9 Luxembourg 6 Hungary 12 Malta 5954393_TRAITE_EN_351_400 13-01-2005 08:01 Pagina 394 394 Part IV Netherlands 12 Austria 12 Poland 21 Portugal 12 Slovenia 7 Slovakia 9 Finland 9 Sweden 12 United Kingdom 24 Article 7 Until entry into force of the European decision referred to in Article 3‑389 of the Constitution, the allocation of members of the Economic and Social Committee shall be as follows: Belgium 12 Czech Republic 12 Denmark 9 Germany 24 Estonia 7 Greece 12 Spain 21 France 24 Ireland 9 Italy 24 Cyprus 6 Latvia 7 Lithuania 9 Luxembourg 6 Hungary 12 Malta 5 Netherlands 12 Austria 12 Poland 21954393_TRAITE_EN_351_400 13-01-2005 08:01 Pagina 395 Treaty establishing a Constitution for Europe 395 Portugal 12 Slovenia 7 Slovakia 9 Finland 9 Sweden 12 United Kingdom 24