Dr Marek Porzycki Chair for Economic Policy. Treaty provisions on the euro Euro regulations Derogation and adoption of the euro Opt-out Convergence.

Dr Marek PorzyckiChair for Economic Policy

Treaty provisions on the euro Euro regulations Derogation and adoption of the euro Opt-out Convergence criteria Euro adoption in Poland

Art. 3(4) of the EU Treaty: The Union shall establish an economic and monetary union whose currency is the euro.

Art. 119(2) of the TFUE: activities of the Members States and the Union within economic policy shall include a single currency, the euro, and single monetary policy

Art. 128 of the TFUE: - exclusive right of the ECB to authorise the issue of euro

banknotes, issuance by ECB and NCBs, legal tender status.

- coin issuance by Member States subject to ECB approval of the volume of issue

Derogation and euro adoption – Art. 139-140 of the TFUE

Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro

- continuity of legal instruments (a broad term including legal provisions, contracts, judicial and administrative decisions and other instruments with legal effect)

- conversion and rounding rules Council Regulation (EC) No 974/98 of 3 May 1998 on

the introduction of the euro- direct basis for legal tender status for the euro (Art. 2,

10, 11)- substitution of the euro for legacy currencies- conversion of reference to legacy currencies in legal

instruments

Council Regulation (EC) No 2866/98 of 31 December 1998 on the conversion rates between the euro and the currencies of the Member States adopting the euro

- setting of irrevocable conversion rates between legacy currencies and the euro

Council Regulations No 1338/2001 and No 1339/2001 on protection of the euro against counterfeiting

Situation of Member States which do not (yet) fulfil the necessary conditions for the adoption of the euro

Core provisions of the Treaty covering EMU do not apply to Member States with derogation

Legal basis – Art. 139 of the TFUE Adoption of the euro – Art. 140 of the TFUE- Convergence Reports by the ECB and Commission- proposal of the Commission- consultation of the European Parliament- discussion in the European Council (heads of states or govts)- decision by the Council to abrogate the derogation, after

recommendation of a qualified majority of eurozone Member States

- amendment to regulations no 2866/98 (adding the irrevocable exchange rate of new currency) and no 974/98 (setting the euro adoption date)

usual timing: Convergence Reports by May, Council decision in July, euro adoption from 1 January of the following year

Member States with derogation are legally required to adopt the euro once they fulfil the convergence criteria the decision is taken not by the Member State concerned but by the EU institutions

However, Member States can delay adoption of the euro for indefinite time by not fulfilling the convergence criteria (e.g. not introducing necessary amendments to the legislation)

Example: Sweden. In a referendum in 2003 Swedish people voted against euro adoption. Since then, although legally required to adopt the euro, Sweden does not fulfil the convergence criteria despite its ability to meet them a „de facto opt-out”

Currently 6 Member States with derogation, including Poland, legally required to adopt the euro

„opt-outs” – exemptions negotiated at the time of adoption of the Maastricht Treaty (1992/93)

UK: protocol no 15 to the Treaty- UK has no obligation to adopt the euro unless it notifies the

Council that it intends to do so.- exclusion of application of Treaty provisions on euro,

similar to derogation but not specifically called derogation.- in case of decision to join the euro, UK needs to meet

convergence criteria- euro changeover plans prepared, last in 2003 Denmark: protocol no 16 to the Treaty- Denmark is considered a Member State with derogation.

Procedure for abrogation of the exemption may only be inititated at the request of Denmark.

- euro adoption rejected in referendum in 2000

Relation between the convergence criteria and the OCA theory

Legal basis: Art. 140(1) of the TFEU, Protocol no 13 Fiscal criteria: avoiding excessive deficit in the

meaning of Art. 126 of the TFEU and Protocol 12- budget deficit not exceeding 3% of the GDP- government debt not exceeding 60% of the GDP Price stability criterion – inflation not exceeding by

more than 1,5% inflation in 3 „best performing” Member States

Interest rate criterion: nominal long-term interest rates (measured on the basis of govt bonds or comparable securities) not exceeding corresponding rates in 3 „best performing” Member States in terms of price stability by more than 2%

Exchange rate criterion – participation for at least 2 years in ERM II (fluctuation margins of +-15%) without severe tensions, in particular avoiding devaluation

Legal convergence – compatibility of the national legislation with the Treaty and the Statute of the ESCB

Assessment – Convergence Reports

need to amend the Constitution (Art. 227 and Art. 203(1)) sufficient majority needed problem of political will

practical and legal preparations Commision recommendations and experience of other Member States; work already done (NBP, Finance Ministry)

fears of the general public (does euro adoption mean rising prices?) protection mechanisms

economic reasons for and against general issue: would we use euro adoption to justify

introducing necessary reforms or introduce only narrow reforms needed just to meet the convergence criteria

Crisis in the euro area „wait and see” approach of the Polish authorities

Hanspeter K. Scheller, The European Central Bank. History, Role and Functions, 2nd ed. Frankfurt 2006, pp. 28-40 http://www.ecb.eu/pub/html/index.en.html

Ch. Proctor, Mann on the Legal Aspect of Money, 7th ed. 2012:- Chapter 26, EMU and the Treaty on the EU, pp. 701-724- Chapter 28, The Single Currency and its Treaty Framework, pp.

745-753- Chapter 29, The Euro Regulations, pp. 755-775

Reference (facultative):Convergence Reports - by the ECB

http://www.ecb.int/pub/convergence/html/index.en.html- by the Commission

http://ec.europa.eu/economy_finance/publications/european_economy/convergence_reports_en.htm