Protocol on the application of the principles of
subsidiarity and proportionality |
アムステルダム条約議定書
(EC条約附属第30議定書)
(OJ 1997, No. C 340, p. 105)
THE
HIGH CONTRACTING PARTIES,
DETERMINED to establish the conditions for the application of the principles
of subsidiarity and proportionality enshrined in Article 3b of the Treaty
establishing the European Community with a view to defining more precisely
the criteria for applying them and to ensure their strict observance and
consistent implementation by all institutions;
WISHING to ensure that decisions are taken as closely as
possible to the citizens of the Union;
TAKING ACCOUNT of the Interinstitutional Agreement of 25
October 1993 between the European Parliament, the Council
and the Commission on procedures for implementing the
principle of subsidiarity;
HAVE CONFIRMED that the conclusions of the Birmingham European Council
on 16 October 1992 and the overall approach to the application of the subsidiarity
principle agreed by the European Council meeting in Edinburgh on 11-12 December 1992 will continue to guide the action of the Union's institutions
as well as the development of the application of the principle of subsidiarity,
and, for this purpose,
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(1) |
In exercising the powers conferred on it, each institution shall ensure
that the principle of subsidiarity is complied with. It shall also ensure
compliance with the principle of proportionality, according to which any
action by the Community shall not go beyond what is necessary to achieve
the objectives of the Treaty.
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(2) |
The
application of the principles of subsidiarity and
proportionality shall respect the general provisions and the
objectives of the Treaty, particularly as regards the
maintaining in full of the acquis communautaire and the institutional balance; it shall not affect the principles developed
by the Court of Justice regarding the relationship between national and
Community law, and it should take into account Article F(4) of the Treaty
on European Union, according to which 'the Union shall provide itself with
the means necessary to attain its objectives and carry through its policies'.
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(3) |
The
principle of subsidiarity does not call into question the
powers conferred on the European Community by the Treaty, as
interpreted by the Court of Justice. The criteria referred
to in the second paragraph of Article 3b of the Treaty shall
relate to areas for which the Community does not have
exclusive competence. The principle of subsidiarity provides
a guide as to how those powers are to be exercised at the
Community level. Subsidiarity is a dynamic concept and
should be applied in the light of the objectives set out in
the Treaty. It allows Community action within the limits of
its powers to be expanded where circumstances so require,
and conversely, to be restricted or discontinued where it is
no longer justified.
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(4) |
For any proposed Community legislation, the reasons on which it is based shall be stated with a view to justifying its compliance with the principles of subsidiarity and proportionality; the reasons for concluding that a Community objective can be better achieved by the Community must be substantiated by qualitative or, wherever possible, quantitative indicators. |
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(5) |
For
Community action to be justified, both aspects of the
subsidiarity principle shall be met: the objectives of the
proposed action cannot be sufficiently achieved by Member
States' action in the framework of their national
constitutional system and can therefore be better achieved
by action on the part of the Community
The
following guidelines should be used in examining whether the
abovementioned condition is fulfilled:.
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the
issue under consideration has transnational aspects which
cannot be satisfactorily regulated by action by Member
States;
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actions
by Member States alone or lack of Community action would
conflict with the requirements of the Treaty (such as the
need to correct distortion of competition or avoid disguised
restrictions on trade or strengthen economic and social
cohesion) or would otherwise significantly damage Member
States' interests;
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action
at Community level would produce clear benefits by reason of
its scale or effects compared with action at the level of
the Member States. |
(6) |
The
form of Community action shall be as simple as possible,
consistent with satisfactory achievement of the objective of
the measure and the need for effective enforcement. The
Community shall legislate only to the extent necessary.
Other things being equal, directives should be preferred to
regulations and framework directives to detailed measures.
Directives as provided for in Article 189 of the Treaty,
while binding upon each Member State to which they are
addressed as to the result to be achieved, shall leave to
the national authorities the choice of form and methods.
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(7) |
Regarding the nature and the extent of Community action,
Community measures should leave as much scope for national
decision as possible, consistent with securing the aim of
the measure and observing the requirements of the Treaty.
While respecting Community law, care should be taken to
respect well established national arrangements and the
organisation and working of Member States' legal systems.
Where appropriate and subject to the need for proper
enforcement, Community measures should provide Member States
with alternative ways to achieve the objectives of the
measures.
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(8) |
Where
the application of the principle of subsidiarity leads to no
action being taken by the Community, Member States are
required in their action to comply with the general rules
laid down in Article 5 of the Treaty, by taking all
appropriate measures to ensure fulfilment of their
obligations under the Treaty and by abstaining from any
measure which could jeopardise the attainment of the
objectives of the Treaty.
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(9) |
Without
prejudice to its right of initiative, the Commission should:
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except
in cases of particular urgency or confidentiality, consult
widely before proposing legislation and, wherever
appropriate, publish consultation documents;
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justify the relevance of its proposals with regard to the principle of
subsidiarity; whenever necessary, the explanatory memorandum accompanying
a proposal will give details in this respect. The financing of Community
action in whole or in part from the Community budget shall require an explanation;
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take duly into account the need for any burden, whether financial or administrative,
falling upon the Community, national governments, local authorities, economic
operators and citizens, to be minimised and proportionate to the objective
to be achieved;
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submit
an annual report to the European Council, the European
Parliament and the Council on the application of Article 3b
of the Treaty. This annual report shall also be sent to the
Committee of the Regions and to the Economic and Social
Committee. |
(10) |
The
European Council shall take account of the Commission report
referred to in the fourth indent of point 9 within the
report on the progress achieved by the Union which it is
required to submit to the European Parliament in accordance
with Article D of the Treaty on European Union.
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(11) |
While
fully observing the procedures applicable, the European
Parliament and the Council shall, as an integral part of the
overall examination of Commission proposals, consider their
consistency with Article 3b of the Treaty. This concerns the
original Commission proposal as well as amendments which the
European Parliament and the Council envisage making to the
proposal.
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(12) |
In the course of the procedures referred to in Articles 189b and 189c of
the Treaty, the European Parliament shall be informed of the Council's
position on the application of Article 3b of the Treaty, by way of a statement
of the reasons which led the Council to adopt its common position. The
Council shall inform the European Parliament of the reasons on the basis
of which all or part of a Commission proposal is deemed to be inconsistent
with Article 3b of the Treaty.
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(13) |
Compliance with the principle of subsidiarity shall be
reviewed in accordance with the rules laid down by the
Treaty. |
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