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THE MAASTRICHT TREATY
7 FEBRUARY 1992
1. The Conferences of the Representatives of the Governments of the Member
States convened in Rome on 15 December 1990 to adopt by common accord the
amendments to be made to the Treaty establishing the European Economic
Community with a view to the achievement of political union and with a view to the
final stages of economic and monetary union, and those convened in Brussels on 3
February 1992 with a view to amending the Treaties establishing respectively the
European Coal and Steel Community and the European Atomic Energy Community as
a result of the amendments envisaged for the Treaty establishing the European
Economic Community have adopted the following texts:
THE TREATY ON EUROPEAN UNION
1. Protocol on the acquisition of property in Denmark;
2. Protocol concerning Article 119 of the Treaty establishing the European
3. Protocol on the Statute of the European System of Central Banks and of the
European Central Bank;
4. Protocol on the Statute of the European Monetary Institute;
5. Protocol on the excessive deficit procedure;
6. Protocol on the convergence criteria referred to in Article 109j of the Treaty
establishing the European Community;
7. Protocol amending the Protocol on the privileges and immunities of the
8. Protocol on Denmark;
9. Protocol on Portugal;
10. Protocol on the transition to the third stage of economic and monetary union;
11. Protocol on certain provisions relating to the United Kingdom of Great Britain
and Northern Ireland;
12. Protocol on certain provisions relating to Denmark;
13. Protocol on France;
14. Protocol on social policy, to which is annexed an agreement concluded between
the Member States of the European Community with the exception of the United
Kingdom of Great Britain and Northern Ireland, to which two declarations are
15. Protocol on economic and social cohesion;
16. Protocol on the Economic and Social Committee and the Committee of the
17. Protocol annexed to the Treaty on European Union and to the Treaties
establishing the European Communities.
The Conferences agreed that the Protocols referred to in 1 to 16 above will be annexed
to the Treaty establishing the European Community and that the Protocol referred to in
17 above will be annexed to the Treaty on European Union and to the Treaties
establishing the European Communities.
2. At the time of signature of these texts, the Conferences adopted the declarations
listed below and annexed to this Final Act:
1. Declaration on civil protection, energy and tourism;
2. Declaration on nationality of a Member State;
3. Declaration on Part Three, Titles III and VI, of the Treaty establishing the
4. Declaration on Part Three, Title VI, of the Treaty establishing the European
5. Declaration on monetary co-operation with non-Community countries;
6. Declaration on monetary relations with the Republic of San Marino, the Vatican
City and the Principality of Monaco;
7. Declaration on Article 73d of the Treaty establishing the European Community;
8. Declaration on Article 109 of the Treaty establishing the European Community;
9. Declaration on Part Three, Title XVI, of the Treaty establishing the European
10. Declaration on Articles 109, 130r and 130y of the Treaty establishing the
11. Declaration on the Directive of 24 November 1988 (Emissions);
12. Declaration on the European Development Fund;
13. Declaration on the role of national parliaments in the European Union;
14. Declaration on the Conference of the Parliaments;
15. Declaration on the number of members of the Commission and of the European
16. Declaration on the hierarchy of Community Acts;
17. Declaration on the right of access to information;
18. Declaration on estimated costs under Commission proposals;
19. Declaration on the implementation of Community law;
20. Declaration on assessment of the environmental impact of Community
21. Declaration on the Court of Auditors;
22. Declaration on the Economic and Social Committee;
23. Declaration on co-operation with charitable associations;
24. Declaration on the protection of animals;
25. Declaration on the representation of the interests of the overseas countries and
territories referred to in Article 227(3) and (5)(a) and (b) of the Treaty
establishing the European Community;
26. Declaration on the outermost regions of the Community;
27. Declaration on voting in the field of the common foreign and security policy;
28. Declaration on practical arrangements in the field of the common foreign and
29. Declaration on the use of languages in the field of the common foreign and
30. Declaration on Western European Union;
31. Declaration on asylum;
32. Declaration on police co-operation;
33. Declaration on disputes between the ECB and the EMI and their servants.
Done at Maastricht this seventh day of February in the year one thousand nine hundred
ON CIVIL PROTECTION, ENERGY AND TOURISM
The Conference declares that the question of introducing into the Treaty establishing
the European Community Titles relating to the spheres referred to in Article 3(t) of
that Treaty will be examined, in accordance with the procedure laid down in Article
N(2) of that Treaty on European Union, on the basis of a report which the Commission
will submit to the Council by 1996 at the latest.
The Commission declares that Community action in those spheres will be pursued on
the basis of the present provisions of the Treaties establishing the European
ON NATIONALITY OF A MEMBER STATE
The Conference declares that, wherever in the Treaty establishing the European
Community reference is made to nationals of the Member States, the question whether
an individual possesses the nationality of a Member State shall be settled solely by
reference to the national law of the Member State concerned. Member States may
declare, for information, who are to be considered their nationals for Community
purposes by way of a declaration lodged with the Presidency and may amend any such
declaration when necessary.
ON PART THREE, TITLES III AND VI, OF THE TREATY
ESTABLISHING THE EUROPEAN COMMUNITY
The Conference affirms that, for the purposes of applying the provisions set out in Part
Three, Title III, Chapter 4 on capital and payments, and Title VI on economic and
monetary policy, of this Treaty, the usual practice, according to which the Council
meets in the composition of Economic and Finance Ministers, shall be continued,
without prejudice to Article 109j(2) to (4) and Article 109k(2).
ON PART THREE, TITLE VI, OF THE TREATY
ESTABLISHING THE EUROPEAN COMMUNITY
The Conference affirms that the President of the European Council shall invite the
Economic and Finance Ministers to participate in European Council meetings when
the European Council is discussing matters relating to Economic and Monetary Union.
ON MONETARY CO-OPERATION WITH NON-COMMUNITY COUNTRIES
The Conference affirms that the Community shall aim to contribute to stable
international monetary relations. To this end the Community shall be prepared to co-
operate with other European countries and with those non-European countries with
which the Community has close economic ties.
ON MONETARY RELATIONS
WITH THE REPUBLIC OF SAN MARINO, THE VATICAN CITY
AND THE PRINCIPALITY OF MONACO
The Conference agrees that the existing monetary relations between Italy and San
Marino and the Vatican City and between France and Monaco remain unaffected by
the Treaty establishing the European Community until the introduction of the ECU as
the single currency of the Community.
The Community undertakes to facilitate such renegotiations of existing arrangements
as might become necessary as a result of the introduction of the ECU as a single
ON ARTICLE 73d
OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY
The Conference affirms that the right of Member States to apply the relevant
provisions of their tax law as referred to in Article 73(d)(1)(a) of this Treaty will apply
only with respect to the relevant provisions which exist at the end of 1993. However,
this Declaration shall apply only to capital movements between Member States and to
payments effected between Member States.
ON ARTICLE 109 OF THE TREATY
ESTABLISHING THE EUROPEAN COMMUNITY
The Conference emphasizes that use of the term ‘formal agreements’ in Article 109(1)
is not intended to create a new category of international agreement within the meaning
of Community law.
ON PART THREE, TITLE XVI, OF THE TREATY
ESTABLISHING THE EUROPEAN COMMUNITY
The Conference considers that, in view of the increasing importance of nature
conservation at national, Community and international level, the Community should,
in exercising its powers under the provisions of Part Three, Title XVI, take account of
the specific requirements of this area.
ON ARTICLES 109, 130r AND 130y OF THE TREATY
ESTABLISHING THE EUROPEAN COMMUNITY
The Conference considers that the provisions of Article 109(5), Article 130r(4),
second subparagraph, and Article 130y do not affect the principles resulting from the
judgement handed down by the Court of Justice in the AETR case.
ON THE DIRECTIVE OF 24 NOVEMBER 1988 (Emissions)
The Conference declares that changes in Community legislation cannot undermine the
derogations granted to Spain and Portugal until 31 December 1999 under the Council
Directive of 24 November 1988 on the limitation of emissions of certain pollutants
into the air from large combustion plants.
THE EUROPEAN DEVELOPMENT FUND
The Conference agrees that the European Development Fund will continue to be
financed by national contributions in accordance with the current provisions.
ON THE ROLE OF NATIONAL PARLIAMENTS
IN THE EUROPEAN UNION
The Conference considers that it is important to encourage greater involvement of
national Parliaments in the activities of the European Union.
To this end, the exchange of information between national Parliaments and the
European Parliament should be stepped up. In this context, the governments of the
Member States will ensure, inter alia, that national Parliaments receive Commission
proposals for legislation in good time for information or possible examination.
Similarly, the Conference considers that it is important for contacts between the
national Parliaments and the European Parliament to be stepped up, in particular
through the granting of appropriate reciprocal facilities and regular meetings between
Members of Parliament interested in the same issues.
ON THE CONFERENCE OF THE PARLIAMENTS
The Conference invites the European Parliament and the national Parliaments to meet
as necessary as a Conference of the Parliaments (or ‘Assises’).
The Conference of the Parliaments will be consulted on the main features of the
European Union, without prejudice to the powers of the European Parliament and the
rights of the national Parliaments. The President of the European Council and the
President of the Commission will report to each session of the Conference of the
Parliaments on the state of the Union.
ON THE NUMBER OF MEMBERS OF THE COMMISSION AND
OF THE EUROPEAN PARLIAMENT
The Conference agrees that the Member States will examine the questions relating to
the number of members of the Commission and the number of members of the
European Parliament no later than at the end of 1992, with a view to reaching an
agreement which will permit the establishment of the necessary legal basis for fixing
the number of members of the European Parliament in good time for the 1994
elections. The decisions will be taken in the light, inter alia, of the need to establish
the overall size of the European Parliament in an enlarged Community.
ON THE HIERARCHY OF COMMUNITY ACTS
The Conference agrees that the Intergovernmental Conference to be convened in 1996
will examine to what extent it might be possible to review the classification of
Community acts with a view to establishing an appropriate hierarchy between the
different categories of act.
ON THE RIGHT OF ACCESS TO INFORMATION
The Conference considers that transparency of the decision-making process
strengthens the democratic nature of the institutions and the public’s confidence in the
administration. The Conference accordingly recommends that the Commission submit
to the Council no later than 1993 a report on measures designed to improve public
access to the information available to the institutions.
ON ESTIMATED COSTS UNDER COMMISSION PROPOSALS
The Conference notes that the Commission undertakes, by basing itself where
appropriate on any consultations it considers necessary and by strengthening its
system for evaluating Community legislation, to take account in its legislative
proposals of costs and benefits to the Member States’ public authorities and all the
ON THE IMPLEMENTATION OF COMMUNITY LAW
1. The Conference stresses that it is central to the coherence and unity of the process
of European construction that each Member State should fully and accurately
transpose into national law the Community Directives addressed to it within the
deadlines laid down therein.
Moreover, the Conference, while recognizing that it must be for each Member State to
determine how the provisions of Community law can best be enforced in the light of
its own particular institutions, legal system and other circumstances, but in any event
in compliance with Article 189 of the Treaty establishing the European Community,
considers it essential for the proper functioning of the Community that the measures
taken by the different Member States should result in Community law being applied
with the same effectiveness and rigour as in the application of their national law.
2. The Conference calls on the Commission to ensure, in exercising its powers under
Article 155 of this Treaty, that Member States fulfil their obligations. It asks the
Commission to publish periodically a full report for the Member States and the
ON ASSESSMENT OF THE ENVIRONMENTAL IMPACT OF
The Conference notes that the Commission undertakes in its proposals, and that the
Member States undertake in implementing those proposals, to take full account of
their environmental impact and of the principle of sustainable growth.
ON THE COURT OF AUDITORS
The Conference emphasizes the special importance it attaches to the task assigned to
the Court of Auditors by Articles 188a, 188b, 188c and 206 of the Treaty establishing
the European Community.
It requests the other Community institutions to consider, together with the Court of
Auditors, all appropriate ways of enhancing the effectiveness of its work.
ON THE ECONOMIC AND SOCIAL COMMITTEE
The Conference agrees that the Economic and Social Committee will enjoy the same
independence with regard to its budget and staff management as the Court of Auditors
has enjoyed hitherto.
ON CO-OPERATION WITH CHARITABLE ASSOCIATIONS
The Conference stresses the importance, in pursuing the objectives of Article 117 of
the Treaty establishing the European Community, of co-operation between the latter
and charitable associations and foundations as institutions responsible for social
welfare establishments and services.
ON THE PROTECTION OF ANIMALS
The Conference calls upon the European Parliament, the Council and the Commission,
as well as the Member States, when drafting and implementing Community legislation
on the common agricultural policy, transport, the internal market and research, to pay
full regard to the welfare requirements of animals.
ON THE REPRESENTATION OF THE INTERESTS OF THE OVERSEAS
COUNTRIES AND TERRITORIES REFERRED TO IN ARTICLE 227(3)
AND (5)(a) AND (b) OF THE TREATY ESTABLISHING THE
The Conference, noting that in exceptional circumstances divergences may arise
between the interests of the Union and those of the overseas countries and territories
referred to in Article 227(3) and (5)(a) and (b), agrees that the Council will seek to
reach a solution which accords with the position of the Union. However, in the event
that this proves impossible, the Conference agrees that the Member State concerned
may act separately in the interests of the said overseas countries and territories,
without this affecting the Community’s interests. The Member State concerned will
give notice to the Council and the Commission where such a divergence of interests is
likely to occur and, when separate action proves unavoidable, make it clear that it is
acting in the interests of an overseas territory mentioned above.
This declaration also applies to Macao and East Timor.
ON THE OUTERMOST REGIONS OF THE COMMUNITY
The Conference acknowledges that the outermost regions of the Community (the
French overseas departments, Azores and Madeira and Canary Islands) suffer from
major structural backwardness compounded by several phenomena (remoteness, island
status, small size, difficult topography and climate, economic dependence on a few
products), the permanence and combination of which severely restrain their economic
and social development.
It considers that, while the provisions of the Treaty establishing the European
Community and secondary legislation apply automatically to the outermost regions, it
is none the less possible to adopt specific measures to assist them inasmuch and as
long as there is an objective need to take such measures with a view to the economic
and social development of those regions. Such measures should have as their aim both
the completion of the internal market and a recognition of the regional reality to enable
the outermost regions to achieve the average economic and social level of the
ON VOTING IN THE FIELD OF THE COMMON FOREIGN AND
The Conference agrees that, with regard to Council decisions requiring unanimity,
Member States will, to the extent possible, avoid preventing a unanimous decision
where a qualified majority exists in favour of that decision.
ON PRACTICAL ARRANGEMENTS IN THE FIELD OF THE COMMON
FOREIGN AND SECURITY POLICY
The Conference agrees that the division of work between the Political Committee and
the Committee of Permanent Representatives will be examined at a later stage, as will
the practical arrangements for merging the Political Co-operation Secretariat with the
General Secretariat of the Council and for co-operation between the latter and the
ON THE USE OF LANGUAGES IN THE FIELD
OF THE COMMON FOREIGN AND SECURITY POLICY
The Conference agrees that the use of languages shall be in accordance with the rules
of the European Communities.
For Coreu communications, the current practice of European Political Co-operation
will serve as a guide for the time being.
All common foreign and security policy texts which are submitted to or adopted at
meetings of the European Council and of the Council as well as all texts which are to
be published are immediately and simultaneously translated into all the official
ON WESTERN EUROPEAN UNION
The Conference notes the following declarations:
by Belgium, Germany, Spain, France, Italy, Luxembourg, the Netherlands,
Portugal and the United Kingdom of Great Britain and Northern Ireland, which
are members of the Western European Union and also members of the European
THE ROLE OF THE WESTERN EUROPEAN UNION AND ITS RELATIONS
WITH THE EUROPEAN UNION AND WITH THE ATLANTIC ALLIANCE
1. WEU Member States agree on the need to develop a genuine European security
and defence identity and a greater European responsibility on defence matters. This
identity will be pursued through a gradual process involving successive phases. WEU
will form an integral part of the process of the development of the European Union
and will enhance its contribution to solidarity within the Atlantic Alliance. WEU
Member States agree to strengthen the role of WEU, in the longer term perspective of
a common defence policy within the European Union which might in time lead to a
common defence, compatible with that of the Atlantic Alliance.
2. WEU will be developed as the defence component of the European Union and as
a means to strengthen the European pillar of the Atlantic Alliance. To this end, it will
formulate common European defence policy and carry forward its concrete
implementation through the further development of its own operational role.
WEU Member States take note of Article J.4 relating to the common foreign and
security policy of the Treaty on European Union which reads as follows:
‘1. The common foreign and security policy shall include all questions related to the
security of the Union, including the eventual framing of a common defence policy,
which might in time lead to a common defence.
2. The Union requests the Western European Union (WEU), which is an integral
part of the development of the Union, to elaborate and implement decisions and
actions of the Union which have defence implications. The Council shall, in
agreement with the institutions of the WEU, adopt the necessary practical
3. Issues having defence implications dealt with under this Article shall not be
subject to the procedures set out in Article J.3.
4. The policy of the Union in accordance with this Article shall not prejudice the
specific character of the security and defence policy of certain Member States and
shall respect the obligations of certain Member States under the North Atlantic
Treaty and be compatible with the common security and defence policy
established within that framework.
5. The provisions of this Article shall not prevent the development of closer co-
operation between two or more Member States on a bilateral level, in the
framework of the WEU and the Atlantic Alliance, provided such co-operation
does not run counter to or impede that provided for in this Title.
6. With a view to furthering the objective of this Treaty, and having in view the date
of 1998 in the context of Article XII of the Brussels Treaty, the provisions of this
Article may be revised as provided for in Article N(2) on the basis of a report to
be presented in 1996 by the Council to the European Council, which shall include
an evaluation of the progress made and the experience gained until then.’
A. WEU’s Relations with European Union
3. The objective is to build up WEU in stages as the defence component of the
European Union. To this end, WEU is prepared, at the request of the European Union,
to elaborate and implement decisions and actions of the Union which have defence
To this end, WEU will take the following measures to develop a close working
relationship with the Union:
– as appropriate, synchronization of the dates and venues of meetings and
harmonization of working methods;
– establishment of close co-operation between the Council the Secretariat-General
of WEU on the one hand, and the Council of the Union and General Secretariat of
the Council on the other;
– consideration of the harmonization of the sequence and duration of the respective
– arranging for appropriate modalities so as to ensure that the Commission of the
European Communities is regularly informed and, as appropriate, consulted on
WEU activities in accordance with the role of the Commission in the common
foreign and security policy as defined in the Treaty on European Union;
– encouragement of closer co-operation between the Parliamentary Assembly of
WEU and the European Parliament.
The WEU Council shall, in agreement with the competent bodies of the European
Union, adopt the necessary practical arrangements.
B. WEU’s Relations with the Atlantic Alliance
4. The objective is to develop WEU as a means to strengthen the European pillar of
the Atlantic Alliance. Accordingly WEU is prepared to develop further the close
working links between WEU and the Alliance and to strengthen the role,
responsibilities and contributions of WEU Member States in the Alliance. This will be
undertaken on the basis of the necessary transparency and complementarity between
the emerging European security and defence identity and the Alliance. WEU will act
in conformity with the positions adopted in the Atlantic Alliance.
– WEU Member States will intensify their co-ordination on Alliance issues which
represent an important common interest with the aim of introducing joint
positions agreed in WEU into the process of consultation in the Alliance which
will remain the essential forum for consultation among its members and the venue
for agreement on policies bearing on the security and defence commitments of
Allies under the North Atlantic Treaty.
– Where necessary, dates and venues of meetings will be synchronized and working
– Close co-operation will be established between the Secretariats-General of WEU
C. Operational Role of WEU
5. WEU’s operational role will be strengthened by examining and defining
appropriate missions, structures and means, covering in particular:
– WEU planning cell;
– closer military co-operation complementary to the Alliance in particular in the
fields of logistics, transport, training and strategic surveillance;
– meetings of WEU Chiefs of Defence Staff,
– military units answerable to WEU.
Other proposals will be examined further, including:
– enhanced co-operation in the field of armaments with the aim of creating a
European armaments agency;
– development of the WEU Institute into a European Security and Defence
Arrangements aimed at giving WEU a stronger operational role will be fully
compatible with the military dispositions necessary to ensure the collective defence of
D. Other Measures
6. As a consequence of the measures set out above, and in order to facilitate the
strengthening of WEU’s role, the scat of the WEU Council and Secretariat will be
transferred to Brussels.
7. Representation on the WEU Council must be such that the Council is able to
exercise its functions continuously in accordance with Article VIII of the modified
Brussels Treaty. Member States may draw on a double-hatting formula, to be worked
out, consisting of their representatives to the Alliance and to the European Union.
8. WEU notes that, in accordance with the provisions of Article J.4(6) concerning
the common foreign and security policy of the Treaty on European Union, the Union
will decide to review the provisions of this Article with a view to furthering the
objective to be set by it in accordance with the procedure defined. The WEU will re-
examine the present provisions in 1996. This re-examination will take account of the
progress and experience acquired and will extend to relations between WEU and the
by Belgium, Germany, Spain, France, Italy, Luxembourg, the Netherlands,
Portugal and the United Kingdom of Great Britain and Northern Ireland which
are members of the Western European Union
‘The Member States of WEU welcome the development of the European security and
defence identity. They are determined, taking into account the role of WEU as the
defence component of the European Union and as the means to strengthen the
European pillar of the Atlantic Alliance, to put the relationship between WEU and the
other European States on a new basis for the sake of stability and security in Europe.
In this spirit, they propose the following:
States which are members of the European Union are invited to accede to WEU on
conditions to be agreed in accordance with Article XI of the modified Brussels Treaty,
or to become observers if they so wish. Simultaneously, other European Member
States of NATO are invited to become associate members of WEU in a way which will
give them the possibility of participating fully in the activities of WEU.
The Member States of WEU assume that treaties and agreements corresponding with
the above proposals will be concluded before 31 December 1992.’
DECLARATION ON ASYLUM
1. The Conference agrees that, in the context of the proceedings provided for in
Articles K.1 and K.3 of the provisions on co-operation in the fields of justice and
home affairs, the Council will consider as a matter of priority questions concerning
Member States’ asylum policies, with the aim of adopting, by the beginning of 1993,
common action to harmonize aspects of them, in the light of the work programme and
timetable contained in the report on asylum drawn up at the request of the European
Council meeting in Luxembourg on 28 and 29 June 1991.
2. In this connection, the Council will also consider, by the end of 1993, on the basis
of a report, the possibility of applying Article K.9 to such matters.
ON POLICE CO-OPERATION
The Conference confirms the agreement of the Member States on the objectives
underlying the German delegation’s proposals at the European Council meeting in
Luxembourg on 28 and 29 June 1991.
For the present, the Member States agree to examine as a matter of priority the drafts
submitted to them, on the basis of the work programme and timetable agreed upon in
the report drawn up at the request of the Luxembourg European Council, and they are
willing to envisage the adoption of practical measures in areas such as those suggested
by the German delegation, relating to the following functions in the exchange of
information and experience:
– support for national criminal investigation and security authorities, in particular in
the co-ordination of investigations and search operations;
– creation of databases;
– central analysis and assessment of information in order to take stock of the
situation and identify investigative approaches;
– collection and analysis of national prevention programmes for forwarding to
Member States and for drawing up Europe-wide prevention strategies;
– measures relating to further training, research, forensic matters and criminal
Member States agree to consider on the basis of a report, during 1994 at the latest,
whether the scope of such co-operation should be extended.
ON DISPUTES BETWEEN THE ECB AND THE EMI
AND THEIR SERVANTS
The Conference considers it proper that the Court of First Instance should hear this
class of action in accordance with Article 168a of the Treaty establishing the European
Community. The Conference therefore invites the institutions to adapt the relevant
Done at Maastricht on the seventh day of February in the year one thousand nine
hundred and ninety-two.
The signatures of the plenipotentiaries of the twelve Member States now follow.