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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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market
[
Global Index
]
ARTICLE-I-3
: The Union's objectives [
go to this ARTICLE
]
... The
Union
shall
offer
its
citizens
an
area
of
freedom
,
security
and
justice
without
internal
frontiers
, and an
internal market
where
competition
is
free
and undistorted. ...
... The
Union
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
. ...
ARTICLE-I-13
: Areas of exclusive competence [
go to this ARTICLE
]
... the
establishing
of the
competition
rules
necessary for the
functioning
of the
internal market
; ...
ARTICLE-I-14
: Areas of shared competence [
go to this ARTICLE
]
...
internal market
; ...
ARTICLE-III-121
[
go to this ARTICLE
]
... In formulating and
implementing
the
Union
's
agriculture
,
fisheries
,
transport
,
internal market
,
research
and
technological development
and
space policies
, the
Union
and the
Member States
shall, since
animals
are sentient beings,
pay
full
regard
to the
requirements
of
animal welfare
, while respecting the
legislative
or
administrative
provisions
and
customs
of
Member States
relating in particular to
religious rites
,
cultural
traditions and
regional
heritage
. ...
ARTICLE-III-130
[
go to this ARTICLE
]
... The
Union
shall
adopt
measures
with the aim of
establishing
or ensuring the
functioning
of the
internal market
, in
accordance
with the
relevant
provisions
of the
Constitution
. ...
... The
internal market
shall comprise an
area
without
internal
frontiers
in which the
free movement
of
persons
,
services
,
goods
and
capital
is ensured in
accordance
with the
Constitution
. ...
... When drawing up its
proposals
for achieving the
objectives
set out in paragraphs 1 and 2, the
Commission
shall take into
account
the
extent
of the effor t that certain economies showing
differences
in
development
will have to sustain for the
establishment
of the
internal market
and it may
propose
appropriate
measures
. If these
measures
take the form of
derogations
, they must be of a
temporary
nature
and must cause the least possible
disturbance
to the
functioning
of the
internal market
. ...
... When drawing up its
proposals
for achieving the
objectives
set out in paragraphs 1 and 2, the
Commission
shall take into
account
the
extent
of the effor t that certain economies showing
differences
in
development
will have to sustain for the
establishment
of the
internal market
and it may
propose
appropriate
measures
. If these
measures
take the form of
derogations
, they must be of a
temporary
nature
and must cause the least possible
disturbance
to the
functioning
of the
internal market
. ...
ARTICLE-III-131
[
go to this ARTICLE
]
...
Member States
shall consult each other with a
view
to taking together the
steps
needed to
prevent
the
functioning
of the
internal market
being
affected
by
measures
which a
Member State
may be called upon to take in the
event
of
serious
internal
disturbances
affecting
the
maintenance of law
and
order
, in the
event
of
war
,
serious
international
tension constituting a
threat of war
, or in
order
to carry out
obligations
it has
accepted
for the
purpose
of maintaining
peace
and
international
security
. ...
ARTICLE-III-132
[
go to this ARTICLE
]
... If
measures
taken in the
circumstances
referred to in
Articles
III-131
and
III-436
have the
effect
of distor ting the
conditions
of
competition
in the
internal market
, the
Commission
shall, together with the
Member State
concerned
, examine how these
measures
can be adjusted to the
rules
laid down in the
Constitution
. ...
ARTICLE-III-134
[
go to this ARTICLE
]
... set up appropriate
machinery
to bring
offers
of
employment
into touch with
applications
for
employment
and to
facilitate
the
achievement
of a
balance
between
supply
and demand in the
employment
market
in such a way as to
avoid
serious
threats
to the
standard of living
and level of
employment
in the various
regions
and
industries
. ...
ARTICLE-III-157
[
go to this ARTICLE
]
...
Article
III-156
shall be without
prejudice
to the
application
to
third countries
of any
restrictions
which
existed
on 31 December 1993 under
national
or
Union
law
adopted
in
respect
of the
movement
of
capital
to or from
third countries
involving direct
investment
--
including
investment
in real estate,
establishment
, the
provision
of
financial
services
or the
admission
of
securities
to
capital
markets
. With
regard
to
restrictions
which
exist
under
national law
in
Estonia
and
Hungary
, the
date
in
question
shall be 31 December 1999. ...
...
European laws
or
framework laws
shall enact
measures
on the
movement
of
capital
to or from
third countries
involving direct
investment
--
including
investment
in real estate,
establishment
, the
provision
of
financial
services
or the
admission
of
securities
to
capital
markets
. ...
ARTICLE-III-158
[
go to this ARTICLE
]
... In the
absence
of a
European law
or
framework law
provided for in
Article
III-157
(3), the
Commission
or, in the
absence
of a
European decision
of the
Commission
within three
months
from the
request
of the
Member State
concerned
, the
Council
, may
adopt
a
European decision
stating that restrictive
tax
measures
adopted
by a
Member State
concerning
one or more
third countries
are to be considered
compatible
with the
Constitution
insofar as they are justified by one of the
objectives
of the
Union
and
compatible
with the proper
functioning
of the
internal market
. The
Council
shall
act
unanimously
on
application
by a
Member State
. ...
ARTICLE-III-161
[
go to this ARTICLE
]
... The following shall be
prohibited
as incompatible with the
internal market
: all
agreements
between undertakings,
decisions
by
associations
of undertakings and concerted practices which may
affect
trade
between
Member States
and which have as their
object
or
effect
the
prevention
,
restriction
or
distortion
of
competition
within the
internal market
, and in particular those which: ...
... The following shall be
prohibited
as incompatible with the
internal market
: all
agreements
between undertakings,
decisions
by
associations
of undertakings and concerted practices which may
affect
trade
between
Member States
and which have as their
object
or
effect
the
prevention
,
restriction
or
distortion
of
competition
within the
internal market
, and in particular those which: ...
...
limit
or
control production
,
markets
,
technical
development
, or
investment
; ...
...
share
markets
or
sources
of
supply
; ...
ARTICLE-III-162
[
go to this ARTICLE
]
... Any
abuse
by one or more undertakings of a dominant
position
within the
internal market
or in a substantial part of it shall be
prohibited
as incompatible with the
internal market
insofar as it may
affect
trade
between
Member States
. ...
... Any
abuse
by one or more undertakings of a dominant
position
within the
internal market
or in a substantial part of it shall be
prohibited
as incompatible with the
internal market
insofar as it may
affect
trade
between
Member States
. ...
... limiting
production
,
markets
or
technical
development
to the
prejudice
of
consumers
; ...
ARTICLE-III-164
[
go to this ARTICLE
]
... Until the
entry into force
of the
European regulations
adopted
pursuant to
Article
III-163
, the
authorities
in
Member States
shall
rule
on the
admissibility
of
agreements
,
decisions
and concerted practices and on
abuse of a dominant position
in the
internal market
in
accordance
with their
national law
and
Article
III-161
, in particular paragraph 3, and
Article
III-162
. ...
ARTICLE-III-167
[
go to this ARTICLE
]
... Save as otherwise provided in the
Constitution
, any
aid
granted
by a
Member State
or through
State
resources
in any form whatsoever which distorts or threatens to distor t
competition
by favouring certain undertakings or the
production
of certain
goods
shall, insofar as it
affects
trade
between
Member States
, be incompatible with the
internal market
. ...
... The following shall be
compatible
with the
internal market
: ...
... The following may be considered to be
compatible
with the
internal market
: ...
ARTICLE-III-168
[
go to this ARTICLE
]
... The
Commission
, in
cooperation
with
Member States
, shall keep under constant
review
all
systems
of
aid
existing
in those
States
. It shall
propose
to the latter any appropriate
measures
required by the progressive
development
or by the
functioning
of the
internal market
. ...
... If, after giving
notice
to the
parties
concerned
to submit their comments, the
Commission
finds
that
aid
granted
by a
Member State
or through
State
resources
is not
compatible
with the
internal market
having
regard
to
Article
III-167
, or that such
aid
is being misused, it shall
adopt
a
European decision
requiring the
Member State
concerned
to abolish or alter such
aid
within a
period
of
time
to be
determined
by the
Commission
. ...
... On
application
by a
Member State
, the
Council
may
adopt
unanimously
a
European decision
that
aid
which that
State
is granting or intends to
grant
shall be considered to be
compatible
with the
internal market
, in
derogation
from
Article
III-167
or from
European regulations
provided for in
Article
III-169
, if such a
decision
is justified by
exceptional
circumstances
. If, as
regards
the
aid
in
question
, the
Commission
has already initiated the
procedure
provided for in the first subparagraph of this paragraph, the
fact
that the
Member State
concerned
has made its
application
to the
Council
shall have the
effect
of
suspending
that
procedure
until the
Council
has made its attitude known. ...
... The
Commission
shall be informed by the
Member States
, in sufficient
time
to enable it to submit its comments, of any
plans
to
grant
or alter
aid
. If it considers that any such
plan
is not
compatible
with the
internal market
having
regard
to
Article
III-167
, it shall without
delay
initiate the
procedure
provided for in paragraph 2 of this
Article
. The
Member State
concerned
shall not put its proposed
measures
into
effect
until this
procedure
has resulted in a
final decision
. ...
ARTICLE-III-171
[
go to this ARTICLE
]
... A
European law
or
framework law
of the
Council
shall
establish
measures
for the
harmonisation
of
legislation
concerning
turnover taxes, excise
duties
and other forms of
indirect
taxation
provided that such
harmonisation
is necessary to ensure the
establishment
and the
functioning
of the
internal market
and to
avoid
distortion
of
competition
. The
Council
shall
act
unanimously
after consulting the
European Parliament
and the
Economic and Social Committee
. ...
ARTICLE-III-172
[
go to this ARTICLE
]
... Save where otherwise provided in the
Constitution
, this
Article
shall apply for the
achievement
of the
objectives
set out in
Article
III-130
.
European laws
or
framework laws
shall
establish
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
. ...
... The
Commission
shall, within six
months
of the
notifications
referred to in paragraphs 4 and 5,
adopt
a
European decision
approving or rejecting the
national
provisions
involved after having
verified
whether or not they are a means of
arbitrary
discrimination
or a disguised
restriction
on
trade
between
Member States
and whether or not they
constitute
an obstacle to the
functioning
of the
internal market
. ...
ARTICLE-III-173
[
go to this ARTICLE
]
... Without
prejudice
to
Article
III-172
, a
European
framework law
of the
Council
shall
establish
measures
for the approximation of such
laws
,
regulations
or
administrative
provisions
of the
Member States
as directly
affect
the
establishment
or
functioning
of the
internal market
. The
Council
shall
act
unanimously
after consulting the
European Parliament
and the
Economic and Social Committee
. ...
ARTICLE-III-174
[
go to this ARTICLE
]
... Where the
Commission
finds
that a
difference
between the
provisions
laid down by
law
,
regulation
or
administrative
action
in
Member States
is distor ting the
conditions
of
competition
in the
internal market
and that the resultant
distortion
needs to be eliminated, it shall consult the
Member States
concerned
. ...
ARTICLE-III-176
[
go to this ARTICLE
]
... In the
context
of the
establishment
and
functioning
of the
internal market
,
European laws
or
framework laws
shall
establish
measures
for the
creation
of
European
intellectual property rights
to provide
uniform
intellectual property rights
protection
throughout the
Union
and for the setting up of centralised Unionwide authorisation,
coordination
and
supervision
arrangements
. ...
ARTICLE-III-177
[
go to this ARTICLE
]
... For the
purposes
set out in
Article
I-3
, the
activities
of the
Member States
and the
Union
shall
include
, as provided in the
Constitution
, the
adoption
of an
economic policy
which is based on the close
coordination
of
Member States
'
economic policies
, on the
internal market
and on the
definition
of
common
objectives
, and
conducted
in
accordance
with the
principle
of an
open market economy
with
free competition
. ...
... For the
purposes
set out in
Article
I-3
, the
activities
of the
Member States
and the
Union
shall
include
, as provided in the
Constitution
, the
adoption
of an
economic policy
which is based on the close
coordination
of
Member States
'
economic policies
, on the
internal market
and on the
definition
of
common
objectives
, and
conducted
in
accordance
with the
principle
of an
open market economy
with
free competition
. ...
... Concurrently with the foregoing, and as provided in the
Constitution
and in
accordance
with the
procedures
set out therein, these
activities
shall
include
a
single
currency
, the
euro
, and the
definition
and
conduct
of a
single
monetary policy
and
exchange-rate policy
, the primary
objective
of both of which shall be to maintain
price stability
and, without
prejudice
to this
objective
, to
support
general
economic policies
in the
Union
, in
accordance
with the
principle
of an
open market economy
with
free competition
. ...
ARTICLE-III-178
[
go to this ARTICLE
]
...
Member States
shall
conduct
their
economic policies
in
order
to
contribute
to the
achievement
of the
Union
's
objectives
, as defined in
Article
I-3
, and in the
context
of the broad
guidelines
referred to in
Article
III-179
(2). The
Member States
and the
Union
shall
act
in
accordance
with the
principle
of an
open market economy
with
free competition
, favouring an
efficient
allocation
of
resources
, and in
compliance
with the
principles
set out in
Article
III-177
. ...
ARTICLE-III-185
[
go to this ARTICLE
]
... The primary
objective
of the
European System of Central Banks
shall be to maintain
price stability
. Without
prejudice
to this
objective
, the
European System of Central Banks
shall
support
the
general
economic policies
in the
Union
in
order
to
contribute
to the
achievement
of its
objectives
as laid down in
Article
I-3
. The
European System of Central Banks
shall
act
in
accordance
with the
principle
of an
open market economy
with
free competition
, favouring an
efficient
allocation
of
resources
, and in
compliance
with the
principles
set out in
Article
III-177
. ...
ARTICLE-III-192
[
go to this ARTICLE
]
... In
order
to
promote
coordination
of the
policies
of
Member States
to the
full
extent
needed for the
functioning
of the
internal market
, an
Economic
and
Financial
Committee
is hereby set up. ...
ARTICLE-III-198
[
go to this ARTICLE
]
... The four
criteria
laid down in this paragraph and the
relevant
periods
over which they are to be respected are developed further in the
protocol
on the convergence
criteria
. the
reports
from the
commission
and the
european central bank
shall also take
account
of the results of the
integration
of
markets
, the
situation
and
development
of the
balances
of payments on current
account
and an
examination
of the
development
of
unit
labour
costs
and other
price indices
. ...
ARTICLE-III-199
[
go to this ARTICLE
]
... hold
consultations
concerning
issues falling within the
competence
of the
national central banks
and
affecting
the
stability
of
financial institutions
and
markets
; ...
ARTICLE-III-201
[
go to this ARTICLE
]
... Where a
Member State
with a
derogation
is in difficulties or is seriously threatened with difficulties as
regards
its
balance of payments
either as a result of an overall
disequilibrium
in its
balance of payments
, or as a result of the type of
currency
at its
disposal
, and where such difficulties are
liable
in particular to jeopardise the
functioning
of the
internal market
or the
implementation
of the
common commercial policy
, the
Commission
shall immediately
investigate
the
position
of the
State
in
question
and the
action
which, making use of all the means at its
disposal
, that
State
has taken or may take in
accordance
with the
Constitution
. The
Commission
shall
state
what
measures
it recommends the
Member State
concerned
to
adopt
. If the
action
taken by a
Member State
with a
derogation
and the
measures
suggested by the
Commission
do not prove sufficient to overcome the difficulties which have arisen or which
threaten
, the
Commission
shall, after consulting the
Economic
and
Financial
Committee
, recommend to the
Council
the granting of
mutual assistance
and appropriate
methods
. ...
ARTICLE-III-202
[
go to this ARTICLE
]
... Where a
sudden crisis
in the
balance of payments
occurs and a
European decision
as referred to in
Article
III-201
(2) is not immediately
adopted
, a
Member State
with a
derogation
may, as a
precaution
, take the necessary
protective measures
. Such
measures
must cause the least possible
disturbance
in the
functioning
of the
internal market
and must not be wider in
scope
than is strictly necessary to
remedy
the
sudden
difficulties which have arisen. ...
ARTICLE-III-203
[
go to this ARTICLE
]
... The
Union
and the
Member States
shall, in
accordance
with this Section,
work
towards developing a
coordinated strategy
for
employment
and particularly for
promoting
a
skilled
, trained and adaptable
workforce
and
labour
markets
responsive to
economic
change
with a
view
to achieving the
objectives
referred to in
Article
I-3
. ...
ARTICLE-III-208
[
go to this ARTICLE
]
... The
Council
shall, by a
simple majority
,
adopt
a
European decision
establishing
an
Employment
Committee
with
advisory status
to
promote
coordination
between
Member States
on
employment
and
labour
market
policies
. It shall
act
after consulting the
European Parliament
. ...
ARTICLE-III-209
[
go to this ARTICLE
]
... They believe that such a
development
will ensue not only from the
functioning
of the
internal market
, which will favour the
harmonisation
of
social systems
, but also from the
procedures
provided for in the
Constitution
and from the approximation of
provisions
laid down by
law
,
regulation
or
administrative
action
of the
Member States
. ...
ARTICLE-III-210
[
go to this ARTICLE
]
... the
integration
of
persons
excluded from the
labour
market
, without
prejudice
to
Article
III-283
; ...
...
equality
between
women
and
men
with
regard
to
labour market opportunities
and
treatment
at
work
; ...
ARTICLE-III-219
[
go to this ARTICLE
]
... In
order
to
improve
employment opportunities
for workers in the
internal market
and to
contribute
thereby to raising the
standard of living
, a
European Social Fund
is hereby
established
; it shall aim to render the
employment
of workers easier and to
increase
their
geographical
and
occupational
mobility
within the
Union
, and to
facilitate
their
adaptation
to
industrial
changes
and to
changes
in
production
systems
, in particular through
vocational training
and
retraining
. ...
ARTICLE-III-221
[
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]
...
Member States
shall
conduct
their
economic policies
and shall coordinate them in such a way as, in
addition
, to attain the
objectives
set out in
Article
III-220
. The formulation and
implementation
of the
Union
's
policies
and
action
and the
implementation
of the
internal market
shall take into
account
those
objectives
and shall
contribute
to their
achievement
. The
Union
shall also
support
the
achievement
of these
objectives
by the
action
it takes through the
Structural
Funds
(
European Agricultural Guidance and Guarantee Fund
,
Guidance Section
;
European Social Fund
;
European Regional Development Fund
), the
European Investment Bank
and the other
existing
financial instruments
. ...
ARTICLE-III-226
[
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]
... The
internal market
shall
extend
to
agriculture
and
trade
in
agricultural
products
. ...
... Save as otherwise provided in
Articles
III-227
to
III-232
, the
rules
laid down for the
establishment
and
functioning
of the
internal market
shall apply to
agricultural
products
. ...
... The
operation
and
development
of the
internal market
for
agricultural
products
must be accompanied by a
common agricultural policy
. ...
ARTICLE-III-227
[
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]
... to
stabilise
markets
; ...
ARTICLE-III-228
[
go to this ARTICLE
]
... In
order
to attain the
objectives
set out in
Article
III-227
, a
common organisation
of
agricultural
markets
shall be
established
. ...
...
compulsory
coordination
of the various
national
market organisations
; ...
... a
European
market organisation
. ...
ARTICLE-III-231
[
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]
...
European laws
or
framework laws
shall
establish
the
common organisation
of the
market
provided for in
Article
III-228
(1) and the other
provisions
necessary for the pursuit of the
objectives
of the
common agricultural policy
and the
common
fisheries
policy
. They shall be
adopted
after
consultation
of the
Economic and Social Committee
. ...
... In
accordance
with paragraph 2, the
national
market organisations
may be replaced by the
common organisation
provided for in
Article
III-228
(1) if: ...
... such an
organisation
ensures
conditions
for
trade
within the
Union
similar to those
existing
in a
national
market
. ...
ARTICLE-III-232
[
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]
... Where in a
Member State
a
product
is
subject
to a
national market organisation
or to
internal
rules
having
equivalent
effect
which
affect
the
competitive
position
of similar
production
in another
Member State
, a counter vailing
charge
shall be applied by
Member States
to
imports
of this
product
coming from the
Member State
where such
organisation
or
rules
exist
, unless that
State
applies a counter vailing
charge
on
export
. ...
ARTICLE-III-235
[
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]
...
measures
adopted
pursuant to
Article
III-172
in the
context
of the
establishment
and
functioning
of the
internal market
; ...
ARTICLE-III-246
[
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]
... Within the
framework
of a
system
of
open
and
competitive markets
,
action
by the
Union
shall aim at
promoting
the
interconnection
and
interoperability
of
national networks
as well as
access
to such
networks
. It shall take
account
in particular of the need to link
island
,
landlocked
and
peripheral
regions
with the
central regions
of the
Union
. ...
ARTICLE-III-248
[
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]
... For the
purposes
referred to in paragraph 1 the
Union
shall, throughout the
Union
,
encourage
undertakings,
including
small and
medium
-sized undertakings,
research
centres and
universities
in their
research
and
technological development
activities
of high
quality
. It shall
support
their efforts to
cooperate
with one another, aiming, notably, at permitting researchers to
cooperate
freely
across
borders
and at enabling undertakings to exploit the
internal market
potential
, in particular through the
opening
-up of
national
public
contracts
, the
definition
of
common
standards and the
removal
of
legal
and
fiscal
obstacles to that
cooperation
. ...
ARTICLE-III-256
[
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]
... In the
context
of the
establishment
and
functioning
of the
internal market
and with
regard
for the need to preserve and
improve
the
environment
,
Union policy
on
energy
shall aim to: ...
... ensure the
functioning
of the
energy
market
; ...
ARTICLE-III-269
[
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]
... For the
purposes
of paragraph 1,
European laws
or
framework laws
shall
establish
measures
, particularly when necessary for the proper
functioning
of the
internal market
, aimed at ensuring: ...
ARTICLE-III-279
[
go to this ARTICLE
]
... For that
purpose
, in
accordance
with a
system
of
open
and
competitive markets
, their
action
shall be aimed at: ...
ARTICLE-III-283
[
go to this ARTICLE
]
...
improve
initial
and continuing
vocational training
in
order
to
facilitate
vocational integration
and
reintegration
into the
labour
market
; ...
ARTICLE-III-394
[
go to this ARTICLE
]
... The task of the
European Investment Bank
shall be to
contribute
, by having
recourse
to the
capital
markets
and utilising its own
resources
, to the
balanced
and steady
development
of the
internal market
in the
Union
's
interest
. For this
purpose
the
European Investment Bank
shall, operating on a non-
profit
-making basis, in particular
grant
loans
and give
guarantees
which
facilitate
the
financing
of the following
projects
in all
sectors
of the
economy
: ...
... The task of the
European Investment Bank
shall be to
contribute
, by having
recourse
to the
capital
markets
and utilising its own
resources
, to the
balanced
and steady
development
of the
internal market
in the
Union
's
interest
. For this
purpose
the
European Investment Bank
shall, operating on a non-
profit
-making basis, in particular
grant
loans
and give
guarantees
which
facilitate
the
financing
of the following
projects
in all
sectors
of the
economy
: ...
...
projects
for modernising or conver ting undertakings or for developing
fresh
activities
called for by the
establishment
or
functioning
of the
internal market
, where these
projects
are of such a
size
or
nature
that they cannot be entirely
financed
by the various means available in the
individual
Member States
; ...
ARTICLE-III-416
[
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]
... Such
cooperation
shall not undermine the
internal market
or
economic
,
social
and
territorial
cohesion
. It shall not
constitute
a barrier to or
discrimination
in
trade
between
Member States
, nor shall it distor t
competition
between them. ...
ARTICLE-III-424
[
go to this ARTICLE
]
... The
Council
shall
adopt
the
acts
referred to in the first paragraph taking into
account
the
special
characteristics and
constraints
of the outermost
regions
without undermining the
integrity
and the coherence of the
Union
legal
order
,
including
the
internal market
and
common
policies
. ...
ARTICLE-III-436
[
go to this ARTICLE
]
... any
Member State
may take such
measures
as it considers necessary for the
protection
of the
essential interests
of its
security
which are
connected
with the
production
of or
trade in arms
, munitions and
war material
; such
measures
shall not adversely
affect
the
conditions
of
competition
in the
internal market
regarding
products
which are not intended for specifically
military
purposes
. ...
A
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D
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E
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F
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G
-
H
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I
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J
-
K
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L
-
M
-
N
-
O
-
P
-
Q
-
R
-
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-
T
-
U
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-
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