Consolidated version of the Treaty on the Functioning of the European Union<\/p>\n
Download or open the entire text of the document<\/a><\/p>\n PART FIVE<\/p>\n THE UNION’S EXTERNAL ACTION<\/p>\n TITLE I<\/p>\n GENERAL PROVISIONS ON THE UNION’S EXTERNAL ACTION<\/p>\n Article 205<\/p>\n The Union’s action on the international scene, pursuant to this Part, shall be guided by the principles, pursue the objectives and be conducted in accordance with the general provisions laid down in Chapter 1 of Title V of the Treaty on European Union.<\/p>\n TITLE II<\/p>\n COMMON COMMERCIAL POLICY<\/p>\n Article 206<\/p>\n (ex Article 131 TEC)<\/p>\n By establishing a customs union in accordance with Articles 28 to 32, the Union shall contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.<\/p>\n Article 207<\/p>\n (ex Article 133 TEC)<\/p>\n 1.\u00a0\u00a0The common commercial policy shall be based on uniform principles, particularly with regard to changes in tariff rates, the conclusion of tariff and trade agreements relating to trade in goods and services, and the commercial aspects of intellectual property, foreign direct investment, the achievement of uniformity in measures of liberalisation, export policy and measures to protect trade such as those to be taken in the event of dumping or subsidies. The common commercial policy shall be conducted in the context of the principles and objectives of the Union’s external action.<\/p>\n 2.\u00a0\u00a0The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the measures defining the framework for implementing the common commercial policy.<\/p>\n 3.\u00a0\u00a0Where agreements with one or more third countries or international organisations need to be negotiated and concluded, Article 218 shall apply, subject to the special provisions of this Article.<\/p>\n The Commission shall make recommendations to the Council, which shall authorise it to open the necessary negotiations. The Council and the Commission shall be responsible for ensuring that the agreements negotiated are compatible with internal Union policies and rules.<\/p>\n The Commission shall conduct these negotiations in consultation with a special committee appointed by the Council to assist the Commission in this task and within the framework of such directives as the Council may issue to it. The Commission shall report regularly to the special committee and to the European Parliament on the progress of negotiations.<\/p>\n 4.\u00a0\u00a0For the negotiation and conclusion of the agreements referred to in paragraph 3, the Council shall act by a qualified majority.<\/p>\n For the negotiation and conclusion of agreements in the fields of trade in services and the commercial aspects of intellectual property, as well as foreign direct investment, the Council shall act unanimously where such agreements include provisions for which unanimity is required for the adoption of internal rules.<\/p>\n The Council shall also act unanimously for the negotiation and conclusion of agreements:<\/p>\n (a)\u00a0in the field of trade in cultural and audiovisual services, where these agreements risk prejudicing the Union’s cultural and linguistic diversity; 6.\u00a0\u00a0The exercise of the competences conferred by this Article in the field of the common commercial policy shall not affect the delimitation of competences between the Union and the Member States, and shall not lead to harmonisation of legislative or regulatory provisions of the Member States in so far as the Treaties exclude such harmonisation.<\/p>\n TITLE III<\/p>\n COOPERATION WITH THIRD COUNTRIES AND HUMANITARIAN AID<\/p>\n CHAPTER 1<\/p>\n DEVELOPMENT COOPERATION<\/p>\n Article 208<\/p>\n (ex Article 177 TEC)<\/p>\n 1.\u00a0\u00a0Union policy in the field of development cooperation shall be conducted within the framework of the principles and objectives of the Union’s external action. The Union’s development cooperation policy and that of the Member States complement and reinforce each other.<\/p>\n Union development cooperation policy shall have as its primary objective the reduction and, in the long term, the eradication of poverty. The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries.<\/p>\n 2.\u00a0\u00a0The Union and the Member States shall comply with the commitments and take account of the objectives they have approved in the context of the United Nations and other competent international organisations.<\/p>\n Article 209<\/p>\n (ex Article 179 TEC)<\/p>\n 1.\u00a0\u00a0The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of development cooperation policy, which may relate to multiannual cooperation programmes with developing countries or programmes with a thematic approach.<\/p>\n 2.\u00a0\u00a0The Union may conclude with third countries and competent international organisations any agreement helping to achieve the objectives referred to in Article 21 of the Treaty on European Union and in Article 208 of this Treaty.<\/p>\n The first subparagraph shall be without prejudice to Member States’ competence to negotiate in international bodies and to conclude agreements.<\/p>\n 3.\u00a0\u00a0The European Investment Bank shall contribute, under the terms laid down in its Statute, to the implementation of the measures referred to in paragraph 1.<\/p>\n Article 210<\/p>\n (ex Article 180 TEC)<\/p>\n 1.\u00a0\u00a0In order to promote the complementarity and efficiency of their action, the Union and the Member States shall coordinate their policies on development cooperation and shall consult each other on their aid programmes, including in international organisations and during international conferences. They may undertake joint action. Member States shall contribute if necessary to the implementation of Union aid programmes.<\/p>\n 2.\u00a0\u00a0The Commission may take any useful initiative to promote the coordination referred to in paragraph 1.<\/p>\n Article 211<\/p>\n (ex Article 181 TEC)<\/p>\n Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and with the competent international organisations.<\/p>\n CHAPTER 2<\/p>\n ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES<\/p>\n Article 212<\/p>\n (ex Article 181a TEC)<\/p>\n 1.\u00a0\u00a0Without prejudice to the other provisions of the Treaties, and in particular Articles 208 to 211, the Union shall carry out economic, financial and technical cooperation measures, including assistance, in particular financial assistance, with third countries other than developing countries. Such measures shall be consistent with the development policy of the Union and shall be carried out within the framework of the principles and objectives of its external action. The Union’s operations and those of the Member States shall complement and reinforce each other.<\/p>\n 2.\u00a0\u00a0The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of paragraph 1.<\/p>\n 3.\u00a0\u00a0Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and the competent international organisations. The arrangements for Union cooperation may be the subject of agreements between the Union and the third parties concerned.<\/p>\n The first subparagraph shall be without prejudice to the Member States’ competence to negotiate in international bodies and to conclude international agreements.<\/p>\n Article 213<\/p>\n When the situation in a third country requires urgent financial assistance from the Union, the Council shall adopt the necessary decisions on a proposal from the Commission.<\/p>\n CHAPTER 3<\/p>\n HUMANITARIAN AID<\/p>\n Article 214<\/p>\n 1.\u00a0\u00a0The Union’s operations in the field of humanitarian aid shall be conducted within the framework of the principles and objectives of the external action of the Union. Such operations shall be intended to provide ad hoc assistance and relief and protection for people in third countries who are victims of natural or man-made disasters, in order to meet the humanitarian needs resulting from these different situations. The Union’s measures and those of the Member States shall complement and reinforce each other.<\/p>\n 2.\u00a0\u00a0Humanitarian aid operations shall be conducted in compliance with the principles of international law and with the principles of impartiality, neutrality and non-discrimination.<\/p>\n 3.\u00a0\u00a0The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures defining the framework within which the Union’s humanitarian aid operations shall be implemented.<\/p>\n 4.\u00a0\u00a0The Union may conclude with third countries and competent international organisations any agreement helping to achieve the objectives referred to in paragraph 1 and in Article 21 of the Treaty on European Union.<\/p>\n The first subparagraph shall be without prejudice to Member States’ competence to negotiate in international bodies and to conclude agreements.<\/p>\n 5.\u00a0\u00a0In order to establish a framework for joint contributions from young Europeans to the humanitarian aid operations of the Union, a European Voluntary Humanitarian Aid Corps shall be set up. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall determine the rules and procedures for the operation of the Corps.<\/p>\n 6.\u00a0\u00a0The Commission may take any useful initiative to promote coordination between actions of the Union and those of the Member States, in order to enhance the efficiency and complementarity of Union and national humanitarian aid measures.<\/p>\n 7.\u00a0\u00a0The Union shall ensure that its humanitarian aid operations are coordinated and consistent with those of international organisations and bodies, in particular those forming part of the United Nations system.<\/p>\n TITLE IV<\/p>\n RESTRICTIVE MEASURES<\/p>\n Article 215<\/p>\n (ex Article 301 TEC)<\/p>\n 1.\u00a0\u00a0Where a decision, adopted in accordance with Chapter 2 of Title V of the Treaty on European Union, provides for the interruption or reduction, in part or completely, of economic and financial relations with one or more third countries, the Council, acting by a qualified majority on a joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission, shall adopt the necessary measures. It shall inform the European Parliament thereof.<\/p>\n 2.\u00a0\u00a0Where a decision adopted in accordance with Chapter 2 of Title V of the Treaty on European Union so provides, the Council may adopt restrictive measures under the procedure referred to in paragraph 1 against natural or legal persons and groups or non-State entities.<\/p>\n 3.\u00a0\u00a0The acts referred to in this Article shall include necessary provisions on legal safeguards.<\/p>\n TITLE V<\/p>\n INTERNATIONAL AGREEMENTS<\/p>\n Article 216<\/p>\n 1.\u00a0\u00a0The Union may conclude an agreement with one or more third countries or international organisations where the Treaties so provide or where the conclusion of an agreement is necessary in order to achieve, within the framework of the Union’s policies, one of the objectives referred to in the Treaties, or is provided for in a legally binding Union act or is likely to affect common rules or alter their scope.<\/p>\n 2.\u00a0\u00a0Agreements concluded by the Union are binding upon the institutions of the Union and on its Member States.<\/p>\n Article 217<\/p>\n (ex Article 310 TEC)<\/p>\n The Union may conclude with one or more third countries or international organisations agreements establishing an association involving reciprocal rights and obligations, common action and special procedure.<\/p>\n Article 218<\/p>\n (ex Article 300 TEC)<\/p>\n 1.\u00a0\u00a0Without prejudice to the specific provisions laid down in Article 207, agreements between the Union and third countries or international organisations shall be negotiated and concluded in accordance with the following procedure.<\/p>\n 2.\u00a0\u00a0The Council shall authorise the opening of negotiations, adopt negotiating directives, authorise the signing of agreements and conclude them.<\/p>\n 3.\u00a0\u00a0The Commission, or the High Representative of the Union for Foreign Affairs and Security Policy where the agreement envisaged relates exclusively or principally to the common foreign and security policy, shall submit recommendations to the Council, which shall adopt a decision authorising the opening of negotiations and, depending on the subject of the agreement envisaged, nominating the Union negotiator or the head of the Union’s negotiating team.<\/p>\n 4.\u00a0\u00a0The Council may address directives to the negotiator and designate a special committee in consultation with which the negotiations must be conducted.<\/p>\n 5.\u00a0\u00a0The Council, on a proposal by the negotiator, shall adopt a decision authorising the signing of the agreement and, if necessary, its provisional application before entry into force.<\/p>\n 6.\u00a0\u00a0The Council, on a proposal by the negotiator, shall adopt a decision concluding the agreement.<\/p>\n Except where agreements relate exclusively to the common foreign and security policy, the Council shall adopt the decision concluding the agreement:<\/p>\n (a)\u00a0after obtaining the consent of the European Parliament in the following cases: (b)\u00a0after consulting the European Parliament in other cases. The European Parliament shall deliver its opinion within a time-limit which the Council may set depending on the urgency of the matter. In the absence of an opinion within that time-limit, the Council may act. 8.\u00a0\u00a0The Council shall act by a qualified majority throughout the procedure.<\/p>\n However, it shall act unanimously when the agreement covers a field for which unanimity is required for the adoption of a Union act as well as for association agreements and the agreements referred to in Article 212 with the States which are candidates for accession. The Council shall also act unanimously for the agreement on accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms; the decision concluding this agreement shall enter into force after it has been approved by the Member States in accordance with their respective constitutional requirements.<\/p>\n 9.\u00a0\u00a0The Council, on a proposal from the Commission or the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt a decision suspending application of an agreement and establishing the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.<\/p>\n 10.\u00a0\u00a0The European Parliament shall be immediately and fully informed at all stages of the procedure.<\/p>\n 11.\u00a0\u00a0A Member State, the European Parliament, the Council or the Commission may obtain the opinion of the Court of Justice as to whether an agreement envisaged is compatible with the Treaties. Where the opinion of the Court is adverse, the agreement envisaged may not enter into force unless it is amended or the Treaties are revised.<\/p>\n Article 219<\/p>\n (ex Article 111(1) to (3) and (5) TEC)<\/p>\n 1.\u00a0\u00a0By way of derogation from Article 218, the Council, either on a recommendation from the European Central Bank or on a recommendation from the Commission and after consulting the European Central Bank, in an endeavour to reach a consensus consistent with the objective of price stability, may conclude formal agreements on an exchange-rate system for the euro in relation to the currencies of third States. The Council shall act unanimously after consulting the European Parliament and in accordance with the procedure provided for in paragraph 3.<\/p>\n The Council may, either on a recommendation from the European Central Bank or on a recommendation from the Commission, and after consulting the European Central Bank, in an endeavour to reach a consensus consistent with the objective of price stability, adopt, adjust or abandon the central rates of the euro within the exchange-rate system. The President of the Council shall inform the European Parliament of the adoption, adjustment or abandonment of the euro central rates.<\/p>\n 2.\u00a0\u00a0In the absence of an exchange-rate system in relation to one or more currencies of third States as referred to in paragraph 1, the Council, either on a recommendation from the Commission and after consulting the European Central Bank or on a recommendation from the European Central Bank, may formulate general orientations for exchange-rate policy in relation to these currencies. These general orientations shall be without prejudice to the primary objective of the ESCB to maintain price stability.<\/p>\n 3.\u00a0\u00a0By way of derogation from Article 218, where agreements concerning monetary or foreign exchange regime matters need to be negotiated by the Union with one or more third States or international organisations, the Council, on a recommendation from the Commission and after consulting the European Central Bank, shall decide the arrangements for the negotiation and for the conclusion of such agreements. These arrangements shall ensure that the Union expresses a single position. The Commission shall be fully associated with the negotiations.<\/p>\n 4.\u00a0\u00a0Without prejudice to Union competence and Union agreements as regards economic and monetary union, Member States may negotiate in international bodies and conclude international agreements.<\/p>\n TITLE VI<\/p>\n THE UNION’S RELATIONS WITH INTERNATIONAL ORGANISATIONS AND THIRD COUNTRIES AND UNION DELEGATIONS<\/p>\n Article 220<\/p>\n (ex Articles 302 to 304 TEC)<\/p>\n 1.\u00a0\u00a0The Union shall establish all appropriate forms of cooperation with the organs of the United Nations and its specialised agencies, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development.<\/p>\n The Union shall also maintain such relations as are appropriate with other international organisations.<\/p>\n 2.\u00a0\u00a0The High Representative of the Union for Foreign Affairs and Security Policy and the Commission shall implement this Article.<\/p>\n Article 221<\/p>\n 1.\u00a0\u00a0Union delegations in third countries and at international organisations shall represent the Union.<\/p>\n 2.\u00a0\u00a0Union delegations shall be placed under the authority of the High Representative of the Union for Foreign Affairs and Security Policy. They shall act in close cooperation with Member States’ diplomatic and consular missions.<\/p>\n TITLE VII<\/p>\n SOLIDARITY CLAUSE<\/p>\n Article 222<\/p>\n 1.\u00a0\u00a0The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States, to:<\/p>\n (a)<\/p>\n \u2014\u00a0prevent the terrorist threat in the territory of the Member States; 2.\u00a0\u00a0Should a Member State be the object of a terrorist attack or the victim of a natural or man-made disaster, the other Member States shall assist it at the request of its political authorities. To that end, the Member States shall coordinate between themselves in the Council.<\/p>\n 3.\u00a0\u00a0The arrangements for the implementation by the Union of the solidarity clause shall be defined by a decision adopted by the Council acting on a joint proposal by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy. The Council shall act in accordance with Article 31(1) of the Treaty on European Union where this decision has defence implications. The European Parliament shall be informed.<\/p>\n For the purposes of this paragraph and without prejudice to Article 240, the Council shall be assisted by the Political and Security Committee with the support of the structures developed in the context of the common security and defence policy and by the Committee referred to in Article 71; the two committees shall, if necessary, submit joint opinions.<\/p>\n 4.\u00a0\u00a0The European Council shall regularly assess the threats facing the Union in order to enable the Union and its Member States to take effective action.<\/p>\n Download or open the entire text of the document<\/a><\/p>\n
\n(b)\u00a0in the field of trade in social, education and health services, where these agreements risk seriously disturbing the national organisation of such services and prejudicing the responsibility of Member States to deliver them.
\n5.\u00a0\u00a0The negotiation and conclusion of international agreements in the field of transport shall be subject to Title VI of Part Three and to Article 218.<\/p>\n
\n(i)\u00a0association agreements;
\n(ii)\u00a0agreement on Union accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms;
\n(iii)\u00a0agreements establishing a specific institutional framework by organising cooperation procedures;
\n(iv)\u00a0agreements with important budgetary implications for the Union;
\n(v)\u00a0agreements covering fields to which either the ordinary legislative procedure applies, or the special legislative procedure where consent by the European Parliament is required.
\nThe European Parliament and the Council may, in an urgent situation, agree upon a time-limit for consent.<\/p>\n
\n7.\u00a0\u00a0When concluding an agreement, the Council may, by way of derogation from paragraphs 5, 6 and 9, authorise the negotiator to approve on the Union’s behalf modifications to the agreement where it provides for them to be adopted by a simplified procedure or by a body set up by the agreement. The Council may attach specific conditions to such authorisation.<\/p>\n
\n\u2014\u00a0protect democratic institutions and the civilian population from any terrorist attack;
\n\u2014\u00a0assist a Member State in its territory, at the request of its political authorities, in the event of a terrorist attack;
\n(b)\u00a0assist a Member State in its territory, at the request of its political authorities, in the event of a natural or man-made disaster.<\/p>\n