Article III-424 (#)

Taking account of the structural economic and social situation of Guadeloupe, French Guiana,
Martinique, Réunion, the Azores, Madeira and the Canary Islands, which is compounded by their
remoteness, insularity, small size, difficult topography and climate, economic dependence on a few
products, the permanence and combination of which severely restrain their development, the
Council, on a proposal from the Commission, shall adopt European laws, framework laws,
regulations and decisions aimed, in particular, at laying down the conditions of application of the
Constitution to those regions, including common policies. It shall act after consulting the European
Parliament.
The acts referred to in the first paragraph concern in particular areas such as customs and trade
policies, fiscal policy, free zones, agriculture and fisheries policies, conditions for supply of raw
materials and essential consumer goods, State aids and conditions of access to structural funds and to
horizontal Union programmes.
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-425 (#)

The Constitution shall in no way prejudice the rules in Member States governing the system of
property ownership.

Article III-426 (#)

In each of the Member States, the Union shall enjoy the most extensive legal capacity accorded to
legal persons under their laws; it may, in particular, acquire or dispose of movable and immovable
property and may be a party to legal proceedings. To this end, the Union shall be represented by the
Commission. However, the Union shall be represented by each of the institutions, by virtue of their
administrative autonomy, in matters relating to their respective operation.

Article III-427 (#)

The Staff Regulations of officials and the Conditions of employment of other servants of the Union
shall be laid down by a European law. It shall be adopted after consultation of the institutions
concerned.

Article III-428 (#)

The Commission may, within the limits and under conditions laid down by a European regulation or
decision adopted by a simple majority by the Council, collect any information and carry out any
checks required for the performance of the tasks entrusted to it.

Article III-429 (#)

1. Without prejudice to Article 5 of the Protocol on the Statute of the European System of Central
Banks and of the European Central Bank, measures for the production of statistics shall be laid down
by a European law or framework law where necessary for the performance of the Union's activities.
2. The production of statistics shall conform to impartiality, reliability, objectivity, scientific
independence, cost-effectiveness and statistical confidentiality. It shall not entail excessive burdens on
economic operators.

Article III-430 (#)

The members of the Union's institutions, the members of committees, and the officials and other
servants of the Union shall be required, even after their duties have ceased, not to disclose
information of the kind covered by the obligation of professional secrecy, in particular information
about undertakings, their business relations or their cost components.

Article III-431 (#)

The Union's contractual liability shall be governed by the law applicable to the contract in question.
In the case of non-contractual liability, the Union shall, in accordance with the general principles
common to the laws of the Member States, make good any damage caused by its institutions or by its
servants in the performance of their duties.

Notwithstanding the second paragraph, the European Central Bank shall, in accordance with the
general principles common to the laws of the Member States, make good any damage caused by it or
by its servants in the performance of their duties.
The personal liability of its servants towards the Union shall be governed by the provisions laid down
in their Staff Regulations or in the Conditions of Employment applicable to them.

Article III-432 (#)

The seat of the Union's institutions shall be determined by common accord of the governments of
the Member States.

Article III-433 (#)

The Council shall adopt unanimously a European regulation laying down the rules governing the
languages of the Union's institutions, without prejudice to the Statute of the Court of Justice of the
European Union.

Article III-434 (#)

The Union shall enjoy in the territories of the Member States such privileges and immunities as are
necessary for the performance of its tasks, under the conditions laid down in the Protocol on the
privileges and immunities of the European Union.

Article III-435 (#)

The rights and obligations arising from agreements concluded before 1 January 1958 or, for acceding
States, before the date of their accession, between one or more Member States on the one hand, and
one or more third countries on the other, shall not be affected by the Constitution.
To the extent that such agreements are not compatible with the Constitution, the Member State or
States concerned shall take all appropriate steps to eliminate the incompatibilities established.
Member States shall, where necessary, assist each other to this end and shall, where appropriate,
adopt a common attitude.
In applying the agreements referred to in the first paragraph, Member States shall take into account
the fact that the advantages accorded under the Constitution by each Member State form an integral
part of the Union and are thereby inseparably linked with the creation of institutions on which
powers have been conferred by the Constitution and the granting of identical advantages by all the
other Member States.

Article III-436 (#)

1. The Constitution shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers
contrary to the essential interests of its security;

(b) 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.
2. The Council, on a proposal from the Commission, may unanimously adopt a European decision
making changes to the list of 15 April 1958 of the products to which the provisions of paragraph 1
(b) apply.