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Final Act [*]

Done at: Rome

Date enacted: 2004-10-29

In force: -

The Conference of the representatives of the Governments of the Member States, convened in Brussels on 30 September 2003 to adopt by common accord the Treaty establishing a Constitution for Europe, has adopted the following texts:

I.

Treaty establishing a Constitution for Europe

II.

Protocols annexed to the Treaty establishing a Constitution for Europe

(1)

Protocol on the role of national Parliaments in the European Union

(2)

Protocol on the application of the principles of subsidiarity and proportionality

(3)

Protocol on the Statute of the Court of Justice of the European Union

(4)

Protocol on the Statute of the European System of Central Banks and of the European Central Bank

(5)

Protocol on the Statute of the European Investment Bank

(6)

Protocol on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union

(7)

Protocol on the privileges and immunities of the European Union
(8)

Protocol on the Treaties and Acts of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, of the Hellenic Republic, of the Kingdom of Spain and the Portuguese Republic, and of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden

(9)

Protocol on the Treaty and the Act of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic

(10)

Protocol on the excessive deficit procedure

(11)

Protocol on the convergence criteria

(12)

Protocol on the Euro Group

(13)

Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland as regards economic and monetary union

(14)

Protocol on certain provisions relating to Denmark as regards economic and monetary union

(15)

Protocol on certain tasks of the National Bank of Denmark

(16)

Protocol on the Pacific Financial Community franc system

(17)

Protocol on the Schengen acquis integrated into the framework of the European Union

(18)

Protocol on the application of certain aspects of Article III-130 of the Constitution to the United Kingdom and to Ireland

(19)

Protocol on the position of the United Kingdom and Ireland on policies in respect of border controls, asylum and immigration, judicial cooperation in civil matters and on police cooperation

(20)

Protocol on the position of Denmark

(21)

Protocol on external relations of the Member States with regard to the crossing of external borders

(22)

Protocol on asylum for nationals of Member States
(23)

Protocol on permanent structured cooperation established by Article I-41(6) and Article III-312 of the Constitution

(24)

Protocol on Article I-41(2) of the Constitution

(25)

Protocol concerning imports into the European Union of petroleum products refined in the Netherlands Antilles

(26)

Protocol on the acquisition of property in Denmark

(27)

Protocol on the system of public broadcasting in the Member States

(28)

Protocol concerning Article III-214 of the Constitution

(29)

Protocol on economic, social and territorial cohesion

(30)

Protocol on special arrangements for Greenland
(31)

Protocol on Article 40.3.3 of the Constitution of Ireland

(32)

Protocol relating to Article I-9(2) of the Constitution on the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms

(33)

Protocol on the Acts and Treaties which have supplemented or amended the Treaty establishing the European Community and the Treaty on European Union

(34)

Protocol on the transitional provisions relating to the institutions and bodies of the Union

(35)

Protocol on the financial consequences of the expiry of the Treaty establishing the European Coal and Steel Community and on the Research Fund for Coal and Steel

(36)

Protocol amending the Treaty establishing the European Atomic Energy Community

III - Annexes to the Treaty establishing a Constitution for Europe:

1.

Annex I - List referred to in Article III-226 of the Constitution

2.

Annex II - Overseas countries and territories to which Title IV of Part III of the Constitution applies

The Conference has adopted the following declarations annexed to this Final Act.

A - Declarations concerning provisions of the Constitution

1.

Declaration on Article I-6

2.

Declaration on Article I-9(2)

3.

Declaration on Articles I-22, 1-27 and 1-28

4.

Declaration on Article I-24(7) concerning the European Council decision on the exercise of the Presidency of the Council

5.

Declaration on Article I-25

6.

Declaration on Article I-26
7.

Declaration on Article I-27

8.

Declaration on Article I-36

9.

Declaration on Articles I-43 and III-329
10.

Declaration on Article I-51

11.

Declaration on Article I-57

12.

Declaration concerning the explanations relating to the Charter of Fundamental Rights

13.

Declaration on Article III-116

14.

Declaration on Articles III-136 and III-267

15.

Declaration on Articles III-160 and III-322

16.

Declaration on Article III-167(2)(c)

17.

Declaration on Article III-184

18.

Declaration on Article III-213

19.

Declaration on Article III-220

20.

Declaration on Article III-243

21.

Declaration on Article III-248
22.

Declaration on Article III-256

23.

Declaration on Article III-273(1), second subparagraph

24.

Declaration on Article III-296

25.

Declaration on Article III-325 concerning the negotiation and conclusion of international agreements by Member States relating to the area of freedom, security and justice

26.

Declaration on Article III-402(4)

27.

Declaration on Article III-419

28.

Declaration on Article IV-440(7)

29.

Declaration on Article IV-448(2)

30.

Declaration on the ratification of the Treaty establishing a Constitution for Europe

B - Declarations concerning Protocols annexed to the Constitution

Declarations concerning the Protocol on the Treaties and Acts of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, of the Hellenic Republic, of the Kingdom of Spain and the Portuguese Republic, and of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden

31.

Declaration on the Åland islands

32.

Declaration on the Sami people

Declarations concerning the Protocol on the Treaty and the Act of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic

33.

Declaration on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus

34.

Declaration by the Commission on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus

35.

Declaration on the Ignalina Nuclear Power Plant in Lithuania

36.

Declaration on the transit of persons by land between the region of Kaliningrad and other parts of the Russian Federation

37.

Declaration on Unit 1 and Unit 2 of the Bohunice V1 nuclear power plant in Slovakia

38.

Declaration on Cyprus

39.

Declaration concerning the Protocol on the position of Denmark

40.

Declaration concerning the Protocol on the transitional provisions relating to the institutions and bodies of the Union

41.

Declaration concerning Italy

Furthermore, the Conference has noted the declarations listed hereafter and annexed to this Final Act:

42.

Declaration by the Kingdom of the Netherlands on Article I-55

43.

Declaration by the Kingdom of the Netherlands on Article IV-440

44.

Declaration by the Federal Republic of Germany, Ireland, the Republic of Hungary, the Republic of Austria and the Kingdom of Sweden

45.

Declaration by the Kingdom of Spain and the United Kingdom of Great Britain and Northern Ireland

46.

Declaration by the United Kingdom of Great Britain and Northern Ireland on the definition of the term ‘nationals’

47.

Declaration by the Kingdom of Spain on the definition of the term ‘nationals’

48.

Declaration by the United Kingdom of Great Britain and Northern Ireland on the franchise for elections to the European Parliament

49.

Declaration by the Kingdom of Belgium on national parliaments

50.

Declaration by the Republic of Latvia and the Republic of Hungary on the spelling of the name of the single currency in the Treaty establishing a Constitution for Europe

Done at Rome on the twenty-ninth day of October in the year two thousand and four.

[*]

This Final Act never entered into force.