[Previous posts on The Lisbon Treaty can be located here.]

This part of the existing Treaties just goes on and on and on.. Given this fact, and the fact that the vote is mere days away, I’ve decided to try to avoid the riveting line-by-line approach to the Lisbon Treaty’s amendments, and opt instead for summarising.

(Let’s all heave a sigh of relief..)

In this post, we learn about:

• Transport
• Common rules on competition, taxation and approximation of laws
• Economic and monetary policy
• Employment
• Social policy
• The European social fund
• Education, vocational training, youth and sport
• Culture
• Public health
• Consumer protection

Onwards and upwards, engaged citizens..!

transport

This section deals with international transport within the EU, transport safety, and so on. Lisbon inserts an amendment to say that , where the laws in this area are applied, it shall be taken into account situations were such application of laws “might seriously affect the standard of living and level of employment in certain regions, and the operation of transport facilities”.

In addition, Lisbon amendments allow the European Parliament to be adopt other measures in relation to the above-mentioned; and allow the European Parliament to be consulted where rules for implementing the above-mentioned measures.

There is also an amendment to the existing article dealing with the existing situation in Germany which has resulted from its division into East and West during the Cold War. The amendment allows for the repeal of this article five years after the entry into force of the Lisbon Treaty (if that is the case for the Treaty, of course!).

Finally, Lisbon allows the European Parliament and the Council in certain circumstances to jointly lay down provisions for sea and air transport.

common rules on competition, taxation and approximation of laws

Boring topics alert!

These sections as they already exist comprise a sizeable chunk of the TFEU. Thankfully, the amendments introduced by Lisbon aren’t quite so huge. I may just be able to get through this, and explain it in human language! Let’s see how I get on..

Under the sub-heading, “Aids Granted by States”, a Lisbon amends Article 108 to allow the Commission to adopt regulations exempting certain categories of state aid in respect of the provisions of that Article.

A mini amendment inserts “and to avoid distortion of competition” into to Article 113 concerned with adopting EU laws designed to ensure the functioning of the internal market. This is under the sub-heading, “Tax Provisions”.

Under the sub-heading, “Approximation of Laws”, a couple of technical amendments are made to Article 114, to state exactly what EU institution(s) may have adopted a “harmonisation measure” (in respect of which a member state may have concerns about in relation to their “major needs” and/or the environment, respectively). Three similar-type amendments are made under this sub-heading.

A new Article 118 is introduced by Lisbon to allow for the adoption of EU measures for the creation of Eureopean intellectual property rights to provide uniform protection.

economic and monetary policy

Boring topics alert (no. 2)!

Here’s a disclaimer from me: I have no enthusiasm or expertise on these topics, which I really regard as an antidote to insomnia. Nevertheless, let us plough on!

Lisbon inserts an already existing article as re-numbered Article 119, which is updated slightly to reflect the current set-up of the EU and existence of the euro currency. The article deals with the close co-ordination of member states’ economic policies, the single currency (€) and guiding principles to be followed by member states.

The Lisbon Treaty amends Article 121 to allow the Commission to issue warnings to a member state or, via the Council, to issue recommendations, where that member state’s economic policies are not in line with existing guidelines on economic and monetary union, or if the policies risk jeopardising that union.

In relation to the supply of certain products, especially energy, Lisbon inserts a new paragraph into Article 100, which allows the Council to decide, “in a spirit of solidarity between Member States, upon the measures appropriate to the economic situation, in particular if severe difficulties arise”.

Article 125 is amended by Lisbon to insert a new paragraph allowing for the Council to specify definitions applying to existing prohibitions concerning financial arrangements and EU or national, regional or local entities.

The next article deals with excessive deficit procedures, and its fifth paragraph amended to allow the Commission to address an opinion to a member state, where an excessive deficit in a member state exists or may occur. The seventh paragraph is amended to allow the Council, where it decides that an excessive deficit exists, to adopt “recommendations addressed to the member state concerned, with a view to bringing that situation to an end within a given period”.

A new thirteenth paragraph is inserted by Lisbon to set out how the Council will take the decisions or recommendations set down in this article.

In the next sub-heading, “Monetary Policy”, a new sixth paragraph is inserted into Article 127 to allow the Council, under certain conditions, to “confer specific tasks upon the European Central Bank (ECB) concerning policies relating to the prudential supervision of credit institutions and other financial institutions with the exception of insurance undertakings”.

Lisbon amends Article 129 to allow the European Parliament and the Council, in conjunction with the ECB and the Commission, to amend certain parts of the statute which establishes the European System of Central Banks and the ECB.

Concerning measures relating to the use of the euro, a new Article 133 is inserted into the TFEU allowing the European Parliament and the Council, in consultation with the ECB, to jointly “lay down measures necessary for the use of the euro as the single currency”.

Three new articles are inserted by Lisbon under the sub-heading “Provisions Specific to Member States whose Currency is the Euro”. The first allows the Council to adopt measures in relation to budgetary discipline and economic policy guidelines and stipulates that only Member States in the Council whose currency is euro participate in the vote, and that the voting is by qualified majority (see Article 205(3)(a)).

The next makes reference to arranging meetings between euro Member States, and the third new paragraph deals with “the euro’s place in the international monetary system”.

Under the sub-heading, “Transitional Provisions” dealing with member states with a derogation, Lisbon inserts a new Article 139. This sets out the provisions of the EU Treaties (the TEU and the TFEU) which do not apply to such member states.

Existing provisions of the Treaties are inserted together by the Lisbon Treaty to form new Article 140, with some additional amendments to the existing texts to reflect the up-to-date situation of the EU and its institutions. Likewise, existing provisions are inserted together by Lisbon to form Articles 141 and 142, respectively.

employment

Finally, something comprehensible! One hopes..

Oh. Six words are deleted from this section. Seven, if you count an article’s number to be a word. For those who are curious, reference to Article 2 of the TFEU is removed from this article (and reference to Article 3 of the TEU remains).

Moving along swiftly..

social policy

A new Article 152 is inserted into the TFEU, which states:

The Union recognises and promotes the role of the social partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between the social partners, respecting their autonomy.

The Tripartite Social Summit for Growth and Employment shall contribute to social dialogue.

The next article is amended to now include the European Parliament’s involvement, together with the Council, in adopting EU laws in this area. Council unanimity is required (effectively giving member states a veto) in relation to decisions that it may make in relation to this same area.

With the amendment made by the Lisbon Treaty, the European Parliament must now be informed of agreements reached concerning management and labour.

Lisbon also adds to the existing provisions dealing with co-operation and co-ordination in social policy, by allowing the Commission to also establish “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.”

the european social fund

This section is amended by being given the title, “European Social Fund”. Hm. Also the word “decisions” in the final article of this section is now replaced by the word “regulations”.

Next!

education, vocational training, youth and sport

The words “Youth and Sport” are added by Lisbon to the title of this section.

To Article 165, Lisbon inserts a new paragraph which commits the EU to promote European sporting issues, taking into account the voluntary, social and educational functions of sport.

The Lisbon Treaty also adds into this article the commitment to encourage “the participation of young people in democratic life in Europe”. Added, too, is a commitment to develop the European dimension in sport “by promoting fairness and openness in sporting competitions” and co-operation between sports bodies, “and by protecting the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen and sportswomen”.

culture

This section comprises one article, and a few amendments are made to its fifth paragraph by Lisbon to update this section and to delete three phrases.

It’s creativity is inspirational. But in all seriosity, the amendments mean that the European Parliament is now involved in law-making in this area, and removes the requirement for unanimity in the Council.

public health

This section (topical these days, oink-oink) is amended by Lisbon to allow for “monitoring, early warning of and combating serious cross-border threats to health” and to encourage co-operation “to improve the complimentarity of their health services in cross-border areas”.

The Lisbon Treaty’s amendments allows the Commission to establish “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.”

Three further provisions are added to this section by Lisbon. One, is to meet “common safety concerns” by adopting “measures setting high standards of quality and safety for medicinal products and devices for medical use.”

The second is to allow the European Parliament and the Council, under a consultative process, to jointly “adopt incentive measures designed to protect and improve human health and in particular to combat the major cross-border health scourges, measures concerning monitoring, early warning of and combating serious cross-border threats to health, and 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.”

Thirdly, then, Lisbon requires the EU to “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.” Lisbon stipulates that the donation or medical use of organs and blood is not affected by the existing provisions of the TFEU.

consumer protection

Last section – hoo-ha!

Erm, the existing provisions are re-numbered by the Lisbon Treaty. That’s a bit of a damp squib..

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