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6.4.2011 Official
Journal
of
the
European
Union L
91/1
II
(Non-legislative acts)
DECISIONS
EUROPEAN COUNCIL DECISION
of 25 March 2011
amending Article 136 of the Treaty on the Functioning of the European Union with regard to a
stability mechanism for Member States whose currency is the euro
(2011/199/EU)
THE EUROPEAN COUNCIL,
President of the European Council to undertake consul
tations with the members of the European Council on a
Having regard to the Treaty on European Union, and in
limited treaty change required to that effect.
particular Article 48(6) thereof,
Having regard to the proposal for revising Article 136 of the
Treaty on the Functioning of the European Union submitted to
(3) On
16
December
2010,
the
Belgian
Government
the European Council by the Belgian Government on
submitted, in accordance with Article 48(6), first
16 December 2010,
subparagraph, of the TEU, a proposal for revising
Article 136 of the TFEU by adding a paragraph under
which the Member States whose currency is the euro
Having regard to the opinion of the European Parliament ( 1 ),
may establish a stability mechanism to be activated if
indispensable to safeguard the stability of the euro area
Having regard to the opinion of the European Commission ( 2 ),
as a whole and stating that the granting of any required
financial assistance under the mechanism will be made
subject to strict conditionality. At the same time, the
After obtaining the opinion of the European Central Bank ( 3 ),
European Council adopted conclusions about the future
stability mechanism (paragraphs 1 to 4).
Whereas:
(1) Article
48(6)
of
the
Treaty
on
European
Union
(TEU)
allows the European Council, acting by unanimity after
(4) The
stability
mechanism
will
provide
the
necessary
tool
consulting the European Parliament, the Commission
for dealing with such cases of risk to the financial
and, in certain cases, the European Central Bank, to
stability of the euro area as a whole as have been
adopt a decision amending all or part of the provisions
experienced in 2010, and hence help preserve the
of Part Three of the Treaty on the Functioning of the
economic and financial stability of the Union itself. At
European Union (TFEU). Such a decision may not
its meeting of 16 and 17 December 2010, the European
increase the competences conferred on the Union in
Council agreed that, as this mechanism is designed to
the Treaties and its entry into force is conditional upon
safeguard the financial stability of the euro area as
its subsequent approval by the Member States in
whole, Article 122(2) of the TFEU will no longer be
accordance with their respective constitutional
needed for such purposes. The Heads of State or
requirements.
Government therefore agreed that it should not be
used for such purposes.
(2)
At the meeting of the European Council of 28 and
29 October 2010, the Heads of State or Government
agreed on the need for Member States to establish a
permanent crisis mechanism to safeguard the financial
stability of the euro area as a whole and invited the
(5) On
16
December
2010,
the
European
Council
decided
to
consult, in accordance with Article 48(6), second
subparagraph, of the TEU, the European Parliament and
( 1 ) Opinion of 23 March 2011 (not yet published in the Official
the Commission, on the proposal. It also decided to
Journal).
consult the European Central Bank. The European
( 2 ) Opinion of 15 February 2011 (not yet published in the Official
Parliament ( 1 ), the Commission ( 2 ) and the European
Journal).
( 3 ) Opinion of 17 March 2011 (not yet published in the Official
Central Bank ( 3 ), respectively, adopted opinions on the
Journal).
proposal.

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L 91/2
EN
Official Journal of the European Union
6.4.2011
(6) The
amendment
concerns
a
provision
contained
in
Part approval of this Decision in accordance with their respective
Three of the TFEU and it does not increase the
constitutional requirements.
competences conferred on the Union in the Treaties,
This Decision shall enter into force on 1 January 2013,
HAS ADOPTED THIS DECISION:
provided that all the notifications referred to in the first
paragraph have been received, or, failing that, on the first day
Article 1
of the month following receipt of the last of the notifications
referred to in the first paragraph.
The following paragraph shall be added to Article 136 of the
Treaty on the Functioning of the European Union:
Article 3
This Decision shall be published in the Official Journal of the
‘3. The
Member
States
whose
currency
is
the
euro
may European Union.
establish a stability mechanism to be activated if indis
pensable to safeguard the stability of the euro area as a
whole. The granting of any required financial assistance
under the mechanism will be made subject to strict condi
Done at Brussels, 25 March 2011.
tionality.’.
Article 2
For the European Council
Member States shall notify the Secretary-General of the Council
The President
without delay of the completion of the procedures for the
H. VAN ROMPUY

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