Article 8
Acts adopted by the institutions to which the transitional
provisions laid down in this Act relate shall retain their
status in law; in particular, the procedures for amending
those acts shall continue to apply.
Article 9
Provisions of this Act the purpose or effect of which is to
repeal or amend acts adopted by the institutions, otherwise
than as a transitional measure, shall have the same status in
law as the provisions which they repeal or amend and shall be
subject to the same rules as those provisions.
Article 10
The application of the original Treaties and acts adopted by the
institutions shall, as a transitional measure, be subject to the
derogations provided for in this Act.
PART TWO
ADJUSTMENTS TO THE TREATIES
TITLE I
INSTITUTIONAL PROVISIONS
CHAPTER 1
The European Parliament
Article 11
With effect from the start of the 2004-2009 term, in Article
190(2) of the EC Treaty and in Article 108(2) of the Euratom
Treaty, the first subparagraph shall be replaced by the
following:
‘The number of representatives elected in each Member
State shall be as follows:
Belgium
24
Czech Republic
24
Denmark
14
Germany
99
Estonia
6
Greece
24
Spain
54
France
78
Ireland
13
Italy
78
Cyprus
6
Latvia
9
Lithuania
13
Luxembourg
6
Hungary
24
Malta
5
Netherlands
27
Austria
18
Poland
54
Portugal
24
Slovenia
7
Slovakia
14
Finland
14
Sweden
19
United Kingdom
78’
CHAPTER 2
The Council
Article 12
1.
With effect from 1 November 2004:
(a) In Article 205 of the EC Treaty and Article 118 of the
Euratom Treaty
(i) paragraph 2 shall be replaced by the following:
‘2.
Where the Council is required to act by a
qualified majority, the votes of its members shall be
weighted as follows:
Belgium
12
Czech Republic
12
Denmark
7
Germany
29
Estonia
4
Greece
12
Spain
27
France
29
Ireland
7
Italy
29
Cyprus
4
Latvia
4
Lithuania
7
Luxembourg
4
Hungary
12
Malta
3
Netherlands
13
Austria
10
Poland
27
Portugal
12
Slovenia
4
Slovakia
7
Finland
7
Sweden
10
United Kingdom
29
EN
36
Official Journal of the European Union
23.9.2003
Acts of the Council shall require for their adoption at
least 232 votes in favour cast by a majority of the
members where this Treaty requires them to be
adopted on a proposal from the Commission.
In other cases, for their adoption acts of the Council
shall require at least 232 votes in favour, cast by at
least two-thirds of the members.’;
(ii) the following paragraph shall be added:
‘4.
When a decision is to be adopted by the Council
by a qualified majority, a member of the Council may
request verification that the Member States constituting
the qualified majority represent at least 62 % of the
total population of the Union. If that condition is
shown not to have been met, the decision in question
shall not be adopted.’;
(b) In Article 23(2) of the EU Treaty, the third subparagraph
shall be replaced by the following:
‘The votes of the members of the Council shall be weighted
in accordance with Article 205(2) of the Treaty establishing
the European Community. For their adoption, decisions
shall require at least 232 votes in favour cast by at least
two-thirds of the members. When a decision is to be
adopted by the Council by a qualified majority, a
member of the Council may request verification that the
Member States constituting the qualified majority represent
at least 62 % of the total population of the Union. If that
condition is shown not to have been met, the decision in
question shall not be adopted.’
(c) In Article 34 of the EU Treaty, paragraph 3 shall be
replaced by the following:
‘3.
Where the Council is required to act by a qualified
majority, the votes of its members shall be weighted as laid
down in Article 205(2) of the Treaty establishing the
European Community, and for their adoption acts of the
Council shall require at least 232 votes in favour, cast by at
least two-thirds of the members. When a decision is to be
adopted by the Council by a qualified majority, a member
of the Council may request verification that the Member
States constituting the qualified majority represent at least
62 % of the total population of the Union. If that condition
is shown not to have been met, the decision in question
shall not be adopted.’
2.
Article 3(1) of the Protocol annexed to the EU Treaty and
to the EC Treaty on the enlargement of the European Union is
repealed.
3.
In the event of fewer than ten new Member States
acceding to the European Union, the threshold for the
qualified majority shall be fixed by Council decision by
applying a strictly linear, arithmetical interpolation, rounded
up or down to the nearest vote, between 71 % for a Council
with 300 votes and the level of 72,27 % for an EU of 25
Member States.
CHAPTER 3
The Court of Justice
Article 13
1.
Article 9, first paragraph, of the Protocol annexed to the
EU Treaty, the EC Treaty and the Euratom Treaty on the
Statute of the Court of Justice shall be replaced by the
following:
‘When, every three years, the Judges are partially replaced,
thirteen and twelve Judges shall be replaced alternately.’.
2.
Article 48 of the Protocol annexed to the EU Treaty, the
EC Treaty and the Euratom Treaty on the Statute of the Court
of Justice shall be replaced by the following:
‘Article 48
The Court of First Instance shall consist of twenty-five
Judges.’.
CHAPTER 4
The Economic and Social Committee
Article 14
The second paragraphs of Article 258 of the EC Treaty and
Article 166 of the Euratom Treaty are replaced by the
following:
‘The number of members of the Committee shall be as
follows:
Belgium
12
Czech Republic
12
Denmark
9
Germany
24
Estonia
7
Greece
12
Spain
21
France
24
Ireland
9
Italy
24
Cyprus
6
Latvia
7
Lithuania
9
EN
23.9.2003
Official Journal of the European Union
37