C 202/306 EN Official Journal of the European Union 7.6.
2016
PROTOCOL (No 25)
ON THE EXERCISE OF SHARED COMPETENCE
THE HIGH CONTRACTING PARTIES,
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European
Union and to the Treaty on the Functioning of the European Union:
Sole Article
With reference to Article 2(2) of the Treaty on the Functioning of the European Union on shared
competence, when the Union has taken action in a certain area, the scope of this exercise of
competence only covers those elements governed by the Union act in question and therefore does
not cover the whole area.
7.6.2016 EN Official Journal of the European Union C 202/307
PROTOCOL (No 26)
ON SERVICES OF GENERAL INTEREST
THE HIGH CONTRACTING PARTIES,
WISHING to emphasise the importance of services of general interest,
HAVE AGREED UPON the following interpretative provisions, which shall be annexed to the Treaty on
European Union and to the Treaty on the Functioning of the European Union:
Article 1
The shared values of the Union in respect of services of general economic interest within the
meaning of Article 14 of the Treaty on the Functioning of the European Union include in particular:
— the essential role and the wide discretion of national, regional and local authorities in providing,
commissioning and organising services of general economic interest as closely as possible to the
needs of the users;
— the diversity between various services of general economic interest and the differences in the
needs and preferences of users that may result from different geographical, social or cultural situ
ations;
— a high level of quality, safety and affordability, equal treatment and the promotion of universal
access and of user rights.
Article 2
The provisions of the Treaties do not affect in any way the competence of Member States to provide,
commission and organise non-economic services of general interest.
C 202/308 EN Official Journal of the European Union 7.6.2016
PROTOCOL (No 27)
ON THE INTERNAL MARKET AND COMPETITION
THE HIGH CONTRACTING PARTIES,
CONSIDERING that the internal market as set out in Article 3 of the Treaty on European Union
includes a system ensuring that competition is not distorted,
HAVE AGREED that:
To this end, the Union shall, if necessary, take action under the provisions of the Treaties, including
under Article 352 of the Treaty on the Functioning of the European Union.
This protocol shall be annexed to the Treaty on European Union and to the Treaty on the Func
tioning of the European Union.
7.6.2016 EN Official Journal of the European Union C 202/309
PROTOCOL (No 28)
ON ECONOMIC, SOCIAL AND TERRITORIAL COHESION
THE HIGH CONTRACTING PARTIES,
RECALLING that Article 3 of the Treaty on European Union includes the objective of promoting
economic, social and territorial cohesion and solidarity between Member States and that the said
cohesion figures among the areas of shared competence of the Union listed in Article 4(2)(c) of the
Treaty on the Functioning of the European Union,
RECALLING that the provisions of Part Three, Title XVIII, on economic, social and territorial cohesion
as a whole provide the legal basis for consolidating and further developing the Union's action in the
field of economic, social and territorial cohesion, including the creation of a new fund,
RECALLING that the provisions of Article 177 of the Treaty on the Functioning of the
European Union envisage setting up a Cohesion Fund,
NOTING that the European Investment Bank is lending large and increasing amounts for the benefit of
the poorer regions,
NOTING the desire for greater flexibility in the arrangements for allocations from the
Structural Funds,
NOTING the desire for modulation of the levels of Union participation in programmes and projects in
certain countries,
NOTING the proposal to take greater account of the relative prosperity of Member States in the system
of own resources,
REAFFIRM that the promotion of economic, social and territorial cohesion is vital to the full devel
opment and enduring success of the Union,
REAFFIRM their conviction that the Structural Funds should continue to play a considerable part in the
achievement of Union objectives in the field of cohesion,
REAFFIRM their conviction that the European Investment Bank should continue to devote the majority
of its resources to the promotion of economic, social and territorial cohesion, and declare their
willingness to review the capital needs of the European Investment Bank as soon as this is necessary
for that purpose,
AGREE that the Cohesion Fund will provide Union financial contributions to projects in the fields of
environment and trans-European networks in Member States with a per capita GNP of less
than 90 % of the Union average which have a programme leading to the fulfilment of the conditions
of economic convergence as set out in Article 126,
C 202/310 EN Official Journal of the European Union 7.6.2016
DECLARE their intention of allowing a greater margin of flexibility in allocating financing from the
Structural Funds to specific needs not covered under the present Structural Funds regulations,
DECLARE their willingness to modulate the levels of Union participation in the context of programmes
and projects of the Structural Funds, with a view to avoiding excessive increases in budgetary
expenditure in the less prosperous Member States,
RECOGNISE the need to monitor regularly the progress made towards achieving economic, social and
territorial cohesion and state their willingness to study all necessary measures in this respect,
DECLARE their intention of taking greater account of the contributive capacity of individual Member
States in the system of own resources, and of examining means of correcting, for the less prosperous
Member States, regressive elements existing in the present own resources system,
AGREE to annex this Protocol to the Treaty on European Union and the Treaty on the Functioning of
the European Union.
