Delegations will find attached the draft Statement on Section A of the Decision of the Heads of State or Government, meeting within the European Council, concerning a New Settlement for the United Kingdom within the European Union, as technically revised by jurist-linguists. EUCO 17/16 1 LIMITE EN DRAFT STATEMENT ON SECTION A OF THE DECISION OF THE HEADS OF STATE OR GOVERNMENT, MEETING WITHIN THE EUROPEAN COUNCIL, CONCERNING A NEW SETTLEMENT FOR THE UNITED KINGDOM WITHIN THE EUROPEAN UNION The Heads of State or Government declare that the Council Decision on specific provisions relating to the effective management of the banking union and of the consequences of further integration of the euro area will be adopted by the Council on the date of the taking effect of the Decision of the Heads of State or Government, meeting within the European Council, concerning a new settlement for the United Kingdom within the European Union, and will enter into force on that same day. The draft Decision is set out below: Draft Council Decision on specific provisions relating to the effective management of the banking union and of the consequences of further integration of the euro area EUCO 17/16 2 LIMITE EN THE COUNCIL OF THE EUROPEAN UNION, Whereas: (1) Supplementing Decision 2009/857/EC of 13 December 20071, provisions should be adopted in order to allow for the effective management of the banking union and of the consequences of further integration of the euro area. (2) The mechanism in this Decision contributes to the respect of the principles laid down in Section A of the Decision of the Heads of State or Government as regards legislative acts relating to the effective management of the banking union and of the consequences of further integration of the euro area, the adoption of which is subject to the vote of all members of the Council. (3) In accordance with paragraph 1 of Section E of the Decision of the Heads of State or Government, meeting within the European Council, concerning a new settlement for the United Kingdom within the European Union2, any Member State may ask the President of the European Council that an issue relating to the application of that Decision be discussed in the European Council. (4) This Decision cannot result in a situation which would amount to allowing one or more Member States to veto the effective management of the banking union or the future integration of the euro area. In particular, any referral to the European Council should be without prejudice to the normal operation of the legislative procedure of the Union. 1Council Decision 2009/857/EC of 13 December 2007 relating to the implementation of Article 16(4) of the Treaty on European Union and Article 238(2) of the Treaty on the Functioning of the European Union between 1 November 2014 and 31 March 2017 on the one hand, and as from 1 April 2017 on the other (OJ L 314, 1.12.2009, p. 73). 2Decision of the Heads of State or Government, meeting within the European Council, concerning a new settlement for the United Kingdom within the European Union (OJ C .., …2016, p. ..). EUCO 17/16 3 LIMITE EN (5) This Decision is without prejudice to the specific voting arrangements agreed by the representatives of the 28 Member States meeting within the Council on 18 December 20133, concerning the adoption of Decisions by the Council on the basis of Article 18 of Regulation (EU) No 806/2014 of the European Parliament and of the Council4. (6) In the application of this Decision, and in particular with reference to the reasonable time for the Council to discuss the issue concerned, due account should be taken of the possible urgency of the situation, HAS ADOPTED THIS DECISION: Article 1 1. If, in relation to the legislative acts to which Section A of the Decision of the Heads of State or Government applies, the adoption of which is subject to the vote of all members of the Council, at least [X] member[s] of the Council that do[es] not participate in the banking union, indicate [its]/ [their] reasoned opposition to the Council adopting such an act by qualified majority, the Council shall discuss the issue. The Member State[s] concerned shall justify [its]/[their] opposition by indicating how the draft act does not respect the principles laid down in Section A of that Decision. 2. The Council shall, in the course of these discussions, do all in its power to reach, within a reasonable time and without prejudicing obligatory time limits laid down by Union law, a satisfactory solution to address concerns raised by the members of the Council referred to in paragraph 1. 3Declaration of 18 December 2013 of the Representatives of the 28 Member States meeting within the Council, doc. No. 18137/13. 4 Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ L 225, 30.7.2014, p. 1). EUCO 17/16 4 LIMITE EN 3. To that end, the President of the Council, with the assistance of the Commission and in compliance with the Rules of Procedure of the Council5, shall undertake any initiative necessary to facilitate a wider basis of agreement in the Council. The members of the Council shall lend him or her their assistance. [While taking due account of the possible urgency of the matter and based on the reasons for opposing as indicated under paragraph 1, a request for a discussion in the European Council on the issue, before it returns to the Council for decision, may constitute such an initiative. Any such referral is without prejudice to the normal operation of the legislative procedure of the Union.] Article 2 This Decision, which supplements Decision 2009/857/EC, shall enter into force on the date of the entry into force of the Decision of the Heads of State or Government, meeting within the European Council, concerning a new settlement for the United Kingdom within the European Union. It shall cease to apply if the latter ceases to apply. Done at …, [date] For the Council The President [name] 5 Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35). EUCO 17/16 5 LIMITE EN