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Treaty Establishing the European Community

as Amended by Subsequent Treaties

ROME, 25 March 1957


CONTENTS

Part One. Principles

[1] [2] [3] [3a] [3b] [4] [4a] [4b] [5] [6] [7] [7a] [7b] [7c]

Part One. Principles

Article 1. By this Treaty, the High Contracting Parties establish among themselves a European Community.

Article 2. The Community shall have as its task, by establishing a common market and an economic and monetary union and by implementing the common policies or activities referred to in Articles 3 and 3a, to promote throughout the Community a harmonious and balanced development of economic activities, sustainable and non-inflationary growth respecting the environment, a high degree of convergence of economic performance, a high level of employment and of social protection, the raising of the standard of living and quality of life, and economic and social cohesion and solidarity among Member States.

Article 3. For the purposes set out in Article 2, the activities of the Community shall include, as provided by this Treaty and in accordance with the timetable set out therein:

  • (a) the elimination as between Member States, of customs duties and quantitative restrictions on the import and export of goods, and of all other measures having equivalent effect;
  • (b) a common commercial policy;
  • (c) an internal market characterized by the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital;
  • (d) Measures concerning the entry and movement of persons in the internal market as provided for in Article 100C;
  • (e) a common policy in the sphere of agriculture and fisheries;
  • (f) a common policy in the sphere of transport;
  • (g) a system ensuring that competition in the common market is not distorted;
  • (h) the approximation of the laws of the Member States to the extent required for the functioning of the common market;
  • (i) a policy in the social sphere comprising a European Social Fund;
  • (j) the strengthening of economic and social cohesion;
  • (k) a policy in the sphere of the environment;
  • (l) the strengthening of the competitiveness of Community industry;
  • (m) the promotion of research and technological development;
  • (n) encouragement for the establishment and development of trans- European networks;
  • (o) a contribution to the attainment of a high level of health protection;
  • (p) a contribution to education and training of quality and to the flowering of the cultures of the Member States;
  • (q) a policy in the sphere of development cooperation;
  • (r) the association of the overseas countries and territories in order to increase trade and promote jointly economic and social development;
  • (s) a contribution to the strengthening of consumer protection;
  • (t) measures in the spheres of energy, civil protection and tourism.

Article 3a.

  1. For the purposes set out in Article 2, the activities of the Member States and the Community shall include, as provided in this Treaty and in accordance with the timetable set out therein, the adoption of an economic policy which is based on the close coordination of Member States' economic policies, on the internal market and on the definition of common objectives, and conducted in accordance with the principle of an open market economy with free competition.
  2. Concurrently with the foregoing, and as provided in this Treaty and in accordance with the timetable and the procedures set out therein, these activities shall include the irrevocable fixing of exchange rates leading to the introduction of a single currency, the ecu, and the definition and conduct of a single monetary policy and exchange rate policy the primary objective of both of which shall be to maintain price stability and, without prejudice to this objective, to support the general economic policies in the Community, in accordance with the principle of an open market economy with free competition.
  3. These activities of the Member States and the Community shall entail compliance with the following guiding principles: stable prices, sound public finances and monetary conditions and a sustainable balance of payments.

Article 3b. The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to it therein.

In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community.

Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty.

Article 4.

  1. The tasks entrusted to the Community shall be carried out by the following institutions:
    • a European Parliament,
    • a Council,
    • a Commission,
    • a Court of Justice,
    • a Court of Auditors.

    Each institution shall act within the limits of the powers conferred upon it by this Treaty.

  2. The Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions acting in an advisory capacity.

Article 4a. A European System of Central Banks (hereinafter referred to as 'ESCB') and a European Central Bank (hereinafter referred to as 'ECB') shall be established in accordance with the procedures laid down in this Treaty; they shall act within the limits of the powers conferred upon them by this Treaty and by the Statute of the ESCB and of the ECB (hereinafter referred to as 'Statute of the ESCB') annexed thereto.

Article 4b. A European Investment Bank is hereby established, which shall act within the limits of the powers conferred upon it by this Treaty and the Statute annexed thereto.

Article 5. Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community. They shall facilitate the achievement of the Community's tasks.

They shall abstain from any measure which could jeopardise the attainment of the objectives of this Treaty.

Article 6. Within the scope of application of this Treaty, and without prejudice to any special provisions contained therein, any discrimination on the grounds of nationality shall be prohibited.

The Council, acting in accordance with the procedure referred to in Article 189c may adopt rules designed to prohibit such discrimination.

Article 7.

  1. The common market shall be progressively established during a transitional period of twelve years.

    This transitional period shall be divided into three stages of four years each; the length of each stage may be altered in accordance with the provisions set out below.

  2. To each stage there shall be assigned a set of actions to be initiated and carried through concurrently.
  3. Transition from the first to the second stage shall be conditional upon a finding that the objectives specifically laid down in this Treaty for the first stage have in fact been attained in substance and that, subject to the exceptions and procedures provided for in this Treaty, the obligations have been fulfilled.

    This finding shall be made at the end of the fourth year by the Council, acting unanimously on a report from the Commission. A Member State may not, however, prevent unanimity by relying upon the non-fulfilment of its own obligations. Failing unanimity, the first stage shall automatically be extended for one year.

    At the end of the fifth year, the Council shall make its finding under the same conditions. Failing unanimity, the first stage shall automatically be extended for a further year.

    At the end of the sixth year, the Council shall make its finding, acting by a qualified majority on a report from the Commission.

  4. Within one month of the last-mentioned vote any Member State which voted with the minority or, if the required majority was not obtained, any Member State shall be entitled to call upon the Council to appoint an arbitration board whose decision shall be binding upon all Member States and upon the institutions of the Community. The arbitration board shall consist of three members appointed by the Council acting unanimously on a proposal from the Commission.

    If the Council has not appointed the members of the arbitration board within one month of being called upon to do so, they shall be appointed by the Court of Justice within a further period of one month.

    The arbitration board shall elect its own Chairman.

    The board shall make its award within six months of the date of the Council vote referred to in the last subparagraph of paragraph 3.

  5. The second and third stages may not be extended or curtailed except by a decision of the Council, acting unanimously on a proposal from the Commission.
  6. Nothing in the preceding paragraphs shall cause the transitional period to last more than fifteen years after the entry into force of this Treaty.
  7. Save for the exceptions or derogations provided for in this Treaty, the expiry of the transitional period shall constitute the latest date by which all the rules laid down must enter into force and all the measures required for establishing the common market must be implemented.

Article 7a. The Community shall adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992, in accordance with the provisions of this Article and of Articles 8b, 8c, 28, 57(2), 59, 70(1), 84, 99, 100a and 100b and without prejudice to the other provisions of this Treaty.

The internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this Treaty.

Article 7b. The Commission shall report to the Council before 31 December 1988 and again before 31 December 1990 on the progress made towards achieving the internal market within the time limit fixed in Article 8a.

The Council, acting by a qualified majority on a proposal from the Commission, shall determine the guidelines and conditions necessary to ensure balanced progress in all the sectors concerned.

Article 7c. When drawing up its proposals with a view to achieving the objectives set out in Article 8a, the Commission shall take into account the extent of the effort that certain economies showing differences in developments will have to sustain during the period of establishment of the internal market and it may propose appropriate provisions.

If these provisions take the form of derogations, they must be of a temporary nature and must cause the least possible disturbance to the functioning of the common market.


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Original Source: http://www.tufts.edu/departments/fletcher/multi/texts/BH343.txt
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