PART ONE

PRINCIPLES
TITLE I

CATEGORIES AND AREAS OF UNION COMPETENCE
Article 2
1
When the Treaties confer on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union or for the implementation of Union acts.
2
When the Treaties confer on the Union a competence shared with the Member States in a specific area, the Union and the Member States may legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the Union has not exercised its competence. The Member States shall again exercise their competence to the extent that the Union has decided to cease exercising its competence.
3
The Member States shall coordinate their economic and employment policies within arrangements as determined by this Treaty, which the Union shall have competence to provide.
4
The Union shall have competence, in accordance with the provisions of the Treaty on European Union, to define and implement a common foreign and security policy, including the progressive framing of a common defence policy.
5
In certain areas and under the conditions laid down in the Treaties, the Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States, without thereby superseding their competence in these areas.
Legally binding acts of the Union adopted on the basis of the provisions of the Treaties relating to these areas shall not entail harmonisation of Member States' laws or regulations.
6
The scope of and arrangements for exercising the Union's competences shall be determined by the provisions of the Treaties relating to each area.
Article 3
1
The Union shall have exclusive competence in the following areas:
a
customs union;
b
the establishing of the competition rules necessary for the functioning of the internal market;
c
monetary policy for the Member States whose currency is the euro;
d
the conservation of marine biological resources under the common fisheries policy;
e
common commercial policy.
2
The Union shall also have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules or alter their scope.
Article 4
1
The Union shall share competence with the Member States where the Treaties confer on it a competence which does not relate to the areas referred to in Articles 3 and 6.
2
Shared competence between the Union and the Member States applies in the following principal areas:
a
internal market;
b
social policy, for the aspects defined in this Treaty;
c
economic, social and territorial cohesion;
d
agriculture and fisheries, excluding the conservation of marine biological resources;
e
environment;
f
consumer protection;
g
transport;
h
trans-European networks;
i
energy;
j
area of freedom, security and justice;
k
common safety concerns in public health matters, for the aspects defined in this Treaty.
3
In the areas of research, technological development and space, the Union shall have competence to carry out activities, in particular to define and implement programmes; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.
4
In the areas of development cooperation and humanitarian aid, the Union shall have competence to carry out activities and conduct a common policy; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.
Article 5
1
The Member States shall coordinate their economic policies within the Union. To this end, the Council shall adopt measures, in particular broad guidelines for these policies.
Specific provisions shall apply to those Member States whose currency is the euro.
2
The Union shall take measures to ensure coordination of the employment policies of the Member States, in particular by defining guidelines for these policies.
3
The Union may take initiatives to ensure coordination of Member States' social policies.
Article 6
The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be:
1. protection and improvement of human health;
2. industry;
3. culture;
4. tourism;
5. education, vocational training, youth and sport;
6. civil protection;
7. administrative cooperation.