Principles of conferred competences, subsidiarity, proportionality

Article 1 (2) (ex Article A) TEU
This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in
which decisions are taken as openly as possible and as closely as possible to the citizen.
= Article 1(2) TEU Lisbon

Article 5 (ex Article 3b) EC
The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives
assigned to it therein.
In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the
principle of subsidiarity, only if and insofar as the objectives of the proposed action cannot be sufficiently
achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better
achieved by the Community.
Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty.
 Article 5 TEU – Lisbon
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 in so far 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.
4. 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.
General competences in the field of the internal market
Article 93 (ex Article 99) (see also new and amended Article 113 TFEU Lisbon)
The Council shall, acting unanimously on a proposal from the Commission and after consulting the European
Parliament and the Economic and Social Committee, adopt provisions for the harmonisation of legislation
concerning turnover taxes, excise duties and other forms of indirect taxation to the extent that such harmonisation is
necessary to ensure the establishment and the functioning of the internal market within the time-limit laid down in
Article 14.
Article 94 (ex Article 100) (see also new and amended Article 115 TFEU Lisbon)
The Council shall, acting unanimously on a proposal from the Commission and after consulting the European
Parliament and the Economic and Social Committee, issue directives for the approximation of such laws,
regulations or administrative provisions of the Member States as directly affect the establishment or functioning of
the common market.
Article 95 (ex Article 100a) – (see also new and amended Article 114 TFEU Lisbon)
1.By way of derogation from Article 94 and save where otherwise provided in this Treaty, the following provisions
shall apply for the achievement of the objectives set out in Article 14. The Council shall, acting in accordance with
the procedure referred to in Article 251 and after consulting the Economic and Social Committee, adopt the
measures for the approximation of the provisions laid down by law, regulation or administrative action in Member
States which have as their object the establishment and functioning of the internal market.
2. Paragraph 1 shall not apply to fiscal provisions, to those relating to the free movement of persons nor to those
relating to the rights and interests of employed persons. ...
Special powers in other areas
Health protection
Article 152 (ex Article 129) – (see also new and amended Article 168 TFEU Lisbon)
1. A high level of human health protection shall be ensured in the definition and implementation of all Community
policies and activities...
4.The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the
Economic and Social Committee and the Committee of the Regions, shall contribute to the achievement of the
objectives referred to in this Article through adopting:
(a)measures setting high standards of quality and safety of organs and substances of human origin, blood and blood
derivatives; these measures shall not prevent any Member State from maintaining or introducing more stringent
protective measures;
(b) by way of derogation from Article 37, measures in the veterinary and phytosanitary fields which have as their
direct objective the protection of public health;
(c) incentive measures designed to protect and improve human health, excluding any harmonisation of the laws and
regulations of the Member States. …
Consumer protection
Article 153 (ex Article 129a) - (see also new and amended Article 169 TFEU Lisbon)
1. In order to promote the interests of consumers and to ensure a high level of consumer protection, the Community
shall contribute to protecting the health, safety and economic interests of consumers, as well as to promoting their
right to information, education and to organise themselves in order to safeguard their interests. …
3. The Community shall contribute to the attainment of the objectives referred to in paragraph 1 through:
(a)measures adopted pursuant to Article 95 in the context of the completion of the internal market;
(b) measures which support, supplement and monitor the policy pursued by the Member States.
4. The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the
Economic and Social Committee, shall adopt the measures referred to in paragraph 3(b). ...
Environmental protection
Article 174 (ex Article 130r) (see also new and amended Article 191 TFEU Lisbon)
1. Community policy on the environment shall contribute to pursuit of the following objectives:
- preserving, protecting and improving the quality of the environment;
- protecting human health;
- prudent and rational utilisation of natural resources;
- promoting measures at international level to deal with regional or worldwide environmental problems. …
Article 175 (ex Article 130s) (see also new and amended Article 192 TFEU Lisbon)
1.The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the
Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the
Community in order to achieve the objectives referred to in Article 174.
The broadest competence
Article 308 (ex Article 235) (see also new and amended Article 352 TFEU Lisbon)
If action by the Community should prove necessary to attain, in the course of the operation of the common market,
one of the objectives of the Community and this Treaty has not provided the necessary powers, the Council shall,
acting unanimously on a proposal from the Commission and after consulting the European Parliament, take the
appropriate measures.
Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European
Community, OJ 2007 C 306/01
Treaty on the Functioning of the EU; 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:
(a) protection and improvement of human health;
(b) industry;
(c) culture;
(d) tourism;
(e) education, vocational training, youth and sport;
(f) civil protection;
(g) administrative cooperation.