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《European Patent Guide》

TREATY OF LISBON

AMENDING THE TREATY ON EUROPEAN UNION AND

THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY

(2007/C 306101)

Article 1

The Treaty on European Union shall be amended in accordance with the provisions of this Article.

PREAMBLE

1) The preamble shall be amended as follows:

(a) the following text shall be inserted as the second recital:

'DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law,';

(b) In the seventh, which shall become the eighth, recital, the words 'of this Treaty' shall be replaced by 'of this Treaty and of the Treaty on the Functioning of the European Union,';

(c) In the eleventh, which shall become the twelfth, recital, the words 'of this Treaty' shall be replaced by 'of this Treaty and of the Treaty on the Functioning of the European Union,'.

GENERAL PROVISIONS

1) Article 1 shall be amended as follows:

(a) the following words shall be inserted at the end of the first paragraph:

'on which the Member States confer competences to attain objectives they have in common.';

Article 1

The Treaty on European Union shall be amended in accordance with the provisions of this Article.

PREAMBLE

1) The preamble shall be amended as follows:

(b) the third paragraph shall be replaced by the following:

'The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as "the Treaties"). Those two Treaties shall have the same legal value. The Union shall replace and succeed the European Community'.

(a) the following text shall be inserted as the second recital:

(b) In the seventh, which shall become the eighth, recital, the words 'of this Treaty' shall be replaced by 'of this Treaty and of the Treaty on the Functioning of the European Union,';

(c) In the eleventh, which shall become the twelfth, recital, the words 'of this Treaty' shall be replaced by 'of this Treaty and of the Treaty on the Functioning of the European Union,'.

GENERAL PROVISIONS

3) Article 1 shall be amended as follows:

(a) the following words shall be inserted at the end of the first paragraph:

'on which the Member States confer competences to attain objectives they have in common.';

(b) the third paragraph shall be replaced by the following:

1) The following Article la shall be inserted:

'Article la

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.'.

2) Article 2 shall be replaced by the following:

'Article 2

1. The Union's aim is to promote peace, its values and the well-being of its peoples.

2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.

3. The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance.

It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.

It shall promote economic, social and territorial cohesion, and solidarity among Member States.

It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced.

4. The Union shall establish an economic and monetary union whose currency is the euro.

5. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.

1. The Union shall pursue its objectives by appropriate means commensurate with the competences which are conferred upon it in the Treaties.'.

1) Article 3 shall be repealed, and the following Article 3a shall be inserted:

'Article 3a

1. In accordance with Article 3b, competences not conferred upon the Union in the Treaties remain with the Member States.

2. The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State.

3. Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.

The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.

The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the Union's objectives.'.

2) The following Article 3b shall be inserted, replacing Article 5 of the Treaty establishing the European Community.

'Article 3b

1. The limits of Union competences are governed by the principle of conferral. The use of Union competences is governed by the principles of subsidiarity and proportionality.

2. Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States.

3. Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.

The institutions of the Union shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality. National Parliaments ensure compliance with the principle of subsidiarity in accordance with the procedure set out in that Protocol.

1. Under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties.

The institutions of the Union shall apply the principle of proportionality as laid down in the Protocol on the application of the principles of subsidiarity and proportionality'.

1) Articles 4 and 5 shall be repealed.

2) Article 6 shall be replaced by the following:

'Article 6

1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 1 2 December 2007, which shall have the same legal value as the Treaties.

The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties.

The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions.

2. The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Treaties.

3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law.'

3) Article 7 shall be amended as follows:

(a) throughout the Article, the word 'assent' shall be replaced by 'consent', the reference to breach 'of principles mentioned in Article 6(1)' shall be replaced by a reference to breach 'of the values referred to in Article la', the words 'of this Treaty' shall be replaced by 'of the Treaties' and the word 'Commission' shall be replaced by 'European Commission';

(b) at the end of the first sentence of the first subparagraph of paragraph 1, the words 'and address appropriate recommendations to that State' shall be deleted; at the end of the last sentence, the words 'and, acting in accordance with the same procedure, may call on independent persons to submit within a reasonable time limit a report on the situation in the Member State in question' shall be replaced by 'and may address recommendations to it, acting in accordance with the same procedure.';

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