Article III-416 (#)

Any enhanced cooperation shall comply with the Constitution and the law of the Union.
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 distort competition between them.

Article III-417 (#)

Any enhanced cooperation shall respect the competences, rights and obligations of those Member
States which do not participate in it. Those Member States shall not impede its implementation by
the participating Member States.

Article III-418 (#)

1. When enhanced cooperation is being established, it shall be open to all Member States, subject to
compliance with any conditions of participation laid down by the European authorising decision. It
shall also be open to them at any other time, subject to compliance with the acts already adopted
within that framework, in addition to any such conditions.
The Commission and the Member States participating in enhanced cooperation shall ensure that they
promote participation by as many Member States as possible.
2. The Commission and, where appropriate, the Union Minister for Foreign Affairs shall keep the
European Parliament and the Council regularly informed regarding developments in enhanced
cooperation.

Article III-419 (#)

1. Member States which wish to establish enhanced cooperation between themselves in one of the
areas covered by the Constitution, with the exception of fields of exclusive competence and the
common foreign and security policy, shall address a request to the Commission, specifying the scope
and objectives of the enhanced cooperation proposed. The Commission may submit a proposal to
the Council to that effect. In the event of the Commission not submitting a proposal, it shall inform
the Member States concerned of the reasons for not doing so.
Authorisation to proceed with enhanced cooperation shall be granted by a European decision of the
Council, which shall act on a proposal from the Commission and after obtaining the consent of the
European Parliament.
2. The request of the Member States which wish to establish enhanced cooperation between
themselves within the framework of the common foreign and security policy shall be addressed to
the Council. It shall be forwarded to the Union Minister for Foreign Affairs, who shall give an opinion
on whether the enhanced cooperation proposed is consistent with the Union's common foreign and
security policy, and to the Commission, which shall give its opinion in particular on whether the

enhanced cooperation proposed is consistent with other Union policies. It shall also be forwarded to
the European Parliament for information.
Authorisation to proceed with enhanced cooperation shall be granted by a European decision of the
Council acting unanimously.

Article III-420 (#)

1. Any Member State which wishes to participate in enhanced cooperation in progress in one of the
areas referred to in Article III-419(1) shall notify its intention to the Council and the Commission.
The Commission shall, within four months of the date of receipt of the notification, confirm the
participation of the Member State concerned. It shall note where necessary that the conditions of
participation have been fulfilled and shall adopt any transitional measures necessary with regard to
the application of the acts already adopted within the framework of enhanced cooperation.
However, if the Commission considers that the conditions of participation have not been fulfilled, it
shall indicate the arrangements to be adopted to fulfil those conditions and shall set a deadline for re-
examining the request. On the expiry of that deadline, it shall re-examine the request, in accordance
with the procedure set out in the second subparagraph. If the Commission considers that the
conditions of participation have still not been met, the Member State concerned may refer the matter
to the Council, which shall decide on the request. The Council shall act in accordance with Article I-
44(3). It may also adopt the transitional measures referred to in the second subparagraph on a
proposal from the Commission.
2. Any Member State which wishes to participate in enhanced cooperation in progress in the
framework of the common foreign and security policy shall notify its intention to the Council, the
Union Minister for Foreign Affairs and the Commission.
The Council shall confirm the participation of the Member State concerned, after consulting the
Union Minister for Foreign Affairs and after noting, where necessary, that the conditions of
participation have been fulfilled. The Council, on a proposal from the Union Minister for Foreign
Affairs, may also adopt any transitional measures necessary with regard to the application of the acts
already adopted within the framework of enhanced cooperation. However, if the Council considers
that the conditions of participation have not been fulfilled, it shall indicate the arrangements to be
adopted to fulfil those conditions and shall set a deadline for re-examining the request for
participation.
For the purposes of this paragraph, the Council shall act unanimously and in accordance with
Article I-44(3).

Article III-421 (#)

Expenditure resulting from implementation of enhanced cooperation, other than administrative costs
entailed for the institutions, shall be borne by the participating Member States, unless all members of
the Council, acting unanimously after consulting the European Parliament, decide otherwise.

Article III-422 (#)

1. Where a provision of the Constitution which may be applied in the context of enhanced
cooperation stipulates that the Council shall act unanimously, the Council, acting unanimously in
accordance with the arrangements laid down in Article I-44(3), may adopt a European decision
stipulating that it will act by a qualified majority.
2. Where a provision of the Constitution which may be applied in the context of enhanced
cooperation stipulates that the Council shall adopt European laws or framework laws under a special
legislative procedure, the Council, acting unanimously in accordance with the arrangements laid
down in Article I-44(3), may adopt a European decision stipulating that it will act under the ordinary
legislative procedure. The Council shall act after consulting the European Parliament.
3. Paragraphs 1 and 2 shall not apply to decisions having military or defence implications.

Article III-423 (#)

The Council and the Commission shall ensure the consistency of activities undertaken in the context
of enhanced cooperation and the consistency of such activities with the policies of the Union, and
shall cooperate to that end.