Consolidated version of the Treaty on the Functioning of the European Union

Publication Date01 Feb 2020
Consolidated TEXT: 12016E/TXT — EN — 01.02.2020

02016E/TXT — EN — 01.02.2020 — 004.001


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►B CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION (OJ C 202 7.6.2016, p. 47)

Containing:

Official Journal
No page date
►M1 PROTOCOL AMENDING THE PROTOCOL ON TRANSITIONAL PROVISIONS ANNEXED TO THE TREATY ON EUROPEAN UNION, TO THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION AND TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY 2010/C 263/01 C 263 1 29.9.2010
►M2 EUROPEAN COUNCIL DECISION 2010/718/EU of 29 October 2010 L 325 4 9.12.2010
►M3 EUROPEAN COUNCIL DECISION 2011/199/EU of 25 March 2011 L 91 1 6.4.2011
►M4 EUROPEAN COUNCIL DECISION 2012/419/EU of 11 July 2012 L 204 131 31.7.2012
►M5 REGULATION (EU, EURATOM) No 741/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 August 2012 L 228 1 23.8.2012
►M6 REGULATION (EU, Euratom) 2015/2422 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2015 L 341 14 24.12.2015
►A1 ACT concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community L 112 21 24.4.2012
►C1 Corrigendum, OJ C 111, 6.5.2008, p. 56 (2007)(2008/C)
►C2 Corrigendum, OJ C 290, 30.11.2009, p. 1 (2007)(2009/C)
►C3 Corrigendum, OJ C 081, 29.3.2010, p. 1 (2007)2010/C)
►C4 Corrigendum, OJ L 150, 7.6.2016, p. 1 (2007//TXT)

Amended by:

►M7 REGULATION (EU, Euratom) 2016/1192 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 July 2016 L 200 137 26.7.2016
►M8 COUNCIL DECISION (EU) 2019/654 of 15 April 2019 L 110 36 25.4.2019
►M9 DECISION OF THE BOARD OF GOVERNORS OF THE EUROPEAN INVESTMENT BANK of 16 April 2019 L 110 39 25.4.2019
►M10 REGULATION (EU, Euratom) 2019/629 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 April 2019 L 111 1 25.4.2019

Corrected by:

►C5 Corrigendum, OJ C 400, 28.10.2016, p. 1 (2016)2016/C)
►C6 Corrigendum, OJ C 059, 23.2.2017, p. 1 (2016)2017/C)
►C7 Corrigendum, OJ C 313, 21.9.2017, p. 5 (2016)2017/C)




▼B

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION



PREAMBLE

HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF THE ITALIAN REPUBLIC, HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS, ( 1 )

DETERMINED to lay the foundations of an ever closer union among the peoples of Europe,

RESOLVED to ensure the economic and social progress of their States by common action to eliminate the barriers which divide Europe,

AFFIRMING as the essential objective of their efforts the constant improvements of the living and working conditions of their peoples,

RECOGNISING that the removal of existing obstacles calls for concerted action in order to guarantee steady expansion, balanced trade and fair competition,

ANXIOUS to strengthen the unity of their economies and to ensure their harmonious development by reducing the differences existing between the various regions and the backwardness of the less favoured regions,

DESIRING to contribute, by means of a common commercial policy, to the progressive abolition of restrictions on international trade,

INTENDING to confirm the solidarity which binds Europe and the overseas countries and desiring to ensure the development of their prosperity, in accordance with the principles of the Charter of the United Nations,

RESOLVED by thus pooling their resources to preserve and strengthen peace and liberty, and calling upon the other peoples of Europe who share their ideal to join in their efforts,

DETERMINED to promote the development of the highest possible level of knowledge for their peoples through a wide access to education and through its continuous updating,

and to this end HAVE DESIGNATED as their Plenipotentiaries:

(List of plenipotentiaries not reproduced)

WHO, having exchanged their full powers, found in good and due form, have agreed as follows.



PART ONE

PRINCIPLES

Article 1

1. This Treaty organises the functioning of the Union and determines the areas of, delimitation of, and arrangements for exercising its competences.

2. This Treaty and the Treaty on European Union constitute the Treaties on which the Union is founded. These two Treaties, which have the same legal value, shall be referred to as ‘the Treaties’.



TITLE I

CATEGORIES AND AREAS OF UNION COMPETENCE

Article 2

1. When the Treaties confer on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union or for the implementation of Union acts.

2. When the Treaties confer on the Union a competence shared with the Member States in a specific area, the Union and the Member States may legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the Union has not exercised its competence. The Member States shall again exercise their competence to the extent that the Union has decided to cease exercising its competence.

3. The Member States shall coordinate their economic and employment policies within arrangements as determined by this Treaty, which the Union shall have competence to provide.

4. The Union shall have competence, in accordance with the provisions of the Treaty on European Union, to define and implement a common foreign and security policy, including the progressive framing of a common defence policy.

5. In certain areas and under the conditions laid down in the Treaties, the Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States, without thereby superseding their competence in these areas.

Legally binding acts of the Union adopted on the basis of the provisions of the Treaties relating to these areas shall not entail harmonisation of Member States' laws or regulations.

6. The scope of and arrangements for exercising the Union's competences shall be determined by the provisions of the Treaties relating to each area.

Article 3

1. The Union shall have exclusive competence in the following areas:

(a)

customs union;

(b)

the establishing of the competition rules necessary for the functioning of the internal market;

(c)

monetary policy for the Member States whose currency is the euro;

(d)

the conservation of marine biological resources under the common fisheries policy;

(e)

common commercial policy.

2. The Union shall also have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules or alter their scope.

Article 4

1. The Union shall share competence with the Member States where the Treaties confer on it a competence which does not relate to the areas referred to in Articles 3 and 6.

2. Shared competence between the Union and the Member States applies in the following principal areas:

(a)

internal market;

(b)

social policy, for the aspects defined in this Treaty;

(c)

economic, social and territorial cohesion;

(d)

agriculture and fisheries, excluding the conservation of marine biological resources;

(e)

environment;

(f)

consumer protection;

(g)

transport;

(h)

trans-European networks;

(i)

energy;

(j)

area of freedom, security and justice;

(k)

common safety concerns in public health matters, for the aspects defined in this Treaty.

3. In the areas of research, technological development and space, the Union shall have competence to carry out activities, in particular to define and implement programmes; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.

4. In the areas of development cooperation and humanitarian aid, the Union shall have competence to carry out activities and conduct a common policy; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.

Article 5

1. The Member States shall coordinate their economic policies within the Union. To this end, the Council shall adopt measures, in particular broad guidelines for these policies.

Specific provisions shall apply to those Member States whose currency is the euro.

2. The Union shall take measures to ensure coordination of the employment policies of the Member States, in particular by defining guidelines for these policies.

3. The Union may take initiatives to ensure coordination of Member States' social policies.

Article 6

The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be:

(a)

protection and improvement of human health;

(b)

industry;

(c)

culture;

(d)
...

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