CONFERENCE
Brussels, 14 May 2012
OF THE REPRESENTATIVES
(OR. en)
OF THE GOVERNMENTS
OF THE MEMBER STATES
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Subject:
Protocol on the concerns of the Irish people on the Treaty of Lisbon
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PROTOCOL
ON THE CONCERNS OF THE IRISH PEOPLE
ON THE TREATY OF LISBON
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THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
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HUNGARY,
MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
hereinafter referred to as "THE HIGH CONTRACTING PARTIES",
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RECALLING the Decision of the Heads of State or Government of the 27 Member States of the
European Union, meeting within the European Council, on 18-19 June 2009, on the concerns of the
Irish people on the Treaty of Lisbon;
RECALLING the declaration of the Heads of State or Government, meeting within the
European Council, on 18-19 June 2009, that they would, at the time of the conclusion of the next
Accession Treaty, set out the provisions of that Decision in a Protocol to be attached, in accordance
with their respective constitutional requirements, to the Treaty on European Union and the Treaty
on the Functioning of the European Union;
NOTING the signature by the High Contracting Parties of the Treaty between the High Contracting
Parties and the Republic of Croatia concerning the accession of the Republic of Croatia to the
European Union;
HAVE AGREED UPON the fol owing provisions, which shal be annexed to the Treaty on
European Union and to the Treaty on the Functioning of the European Union:
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TITLE I
RIGHT TO LIFE, FAMILY AND EDUCATION
ARTICLE 1
Nothing in the Treaty of Lisbon attributing legal status to the Charter of Fundamental Rights of
the European Union, or in the provisions of that Treaty in the area of Freedom, Security and Justice
affects in any way the scope and applicability of the protection of the right to life in
Article 40.3.1, 40.3.2 and 40.3.3, the protection of the family in Article 41 and the protection of the
rights in respect of education in Articles 42 and 44.2.4 and 44.2.5 provided by the Constitution
of Ireland.
TITLE II
TAXATION
ARTICLE 2
Nothing in the Treaty of Lisbon makes any change of any kind, for any Member State, to the extent
or operation of the competence of the European Union in relation to taxation.
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TITLE III
SECURITY AND DEFENCE
ARTICLE 3
The Union's action on the international scene is guided by the principles of democracy, the rule of
law, the universality and indivisibility of human rights and fundamental freedoms, respect for
human dignity, the principles of equality and solidarity, and respect for the principles of the United
Nations Charter and international law.
The Union's common security and defence policy is an integral part of the common foreign and
security policy and provides the Union with an operational capacity to undertake missions outside
the Union for peace-keeping, conflict prevention and strengthening international security in
accordance with the principles of the United Nations Charter.
It does not prejudice the security and defence policy of each Member State, including Ireland, or the
obligations of any Member State.
The Treaty of Lisbon does not affect or prejudice Ireland's traditional policy of military neutrality.
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It will be for Member States - including Ireland, acting in a spirit of solidarity and without prejudice
to its traditional policy of military neutrality - to determine the nature of aid or assistance to be
provided to a Member State which is the object of a terrorist attack or the victim of armed
aggression on its territory.
Any decision to move to a common defence will require a unanimous decision of the
European Council. It would be a matter for the Member States, including Ireland, to decide, in
accordance with the provisions of the Treaty of Lisbon and with their respective constitutional
requirements, whether or not to adopt a common defence.
Nothing in this Title affects or prejudices the position or policy of any other Member State on
security and defence.
It is also a matter for each Member State to decide, in accordance with the provisions of the Treaty
of Lisbon and any domestic legal requirements, whether to participate in permanent structured
cooperation or the European Defence Agency.
The Treaty of Lisbon does not provide for the creation of a European army or for conscription to
any military formation.
It does not affect the right of Ireland or any other Member State to determine the nature and volume
of its defence and security expenditure and the nature of its defence capabilities.
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It will be a matter for Ireland or any other Member State, to decide, in accordance with any
domestic legal requirements, whether or not to participate in any military operation.
TITLE IV
FINAL PROVISIONS
ARTICLE 4
This Protocol shall remain open for signature by the High Contracting Parties until 30 June 2012.
This Protocol shall be ratified by the High Contracting Parties, and by the Republic of Croatia in the
event that this Protocol has not entered into force by the date of accession of the Republic of Croatia
to the European Union, in accordance with their respective constitutional requirements. The
instruments of ratification shall be deposited with the Government of the Italian Republic.
This Protocol shall enter into force if possible on 30 June 2013, provided that all the instruments of
ratification have been deposited, or, failing that, on the first day of the month fol owing the deposit
of the instrument of ratification by the last Member State to take this step.
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ARTICLE 5
This Protocol, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English,
Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese,
Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being
equal y authentic, shal be deposited in the archives of the Government of the Italian Republic,
which shal transmit a certified copy to each of the governments of the other Member States.
Once the Republic of Croatia has become bound by this Protocol pursuant to Article 2 of the Act
concerning the conditions of accession of the Republic of Croatia, the Croatian text of this Protocol,
which shal be equally authentic to the texts referred to in the first paragraph, shall also be deposited
in the archives of the Government of the Italian Republic, which shall transmit a certified copy to
each of the governments of the other Member States.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.
Done at Brussels this sixteenth day of May in the year two thousand and twelve
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