ccount the reports referred to in paragraph 1
and the opinion of the European parliament, shall, acting by a qualified
majority and on the basis of the recommendations of the Council
referred to in paragraph 2, confirm which member States fulfil the
necessary conditions for the adoption of a single currency.
ARTICLE 109k
1. If the decision has been taken to set the date in accordance with
Article 109j(3), the Council shall, on the basis of its recommendation
referred to in Article 109j(2), acting by a qualified majority on a
recommendation from the Commission, decide whether any, and if so
which, Member States shall have a derogation as defined in paragraph
3 of this Article. Such Member States shall in this Treaty be referred to
as "Member States with a derogation".
If the Council has confirmed which Member States fulfil the necessary
conditions for the adoption of a single currency, in accordance with
Article 109j(4), those Member States which do not fulfil the conditions
shall have a derogation as defined in paragraph 3 of this Article. Such
Member States shall in this Treaty be referred to as "Member States
with a derogation".
2. At least once every two years, or at the request of a Member State
with a derogation, the Commission and the ECB shall report to the
Council in accordance with the procedure laid down in Article 109j(1).
After consulting the European Parliament and after discussion in the
Council, meeting in the composition of the Heads of State or of
Government, the Council shall, acting by a qualified majority on a
proposal from the Commission, decide which Member States with a
derogation fulfil the necessary conditions on the basis of the criteria
set out in Article 109j(1), and abrogate the derogations of the Member
States concerned.
3. A derogation referred to in paragraph 1 shall entail that the following
Articles do not apply to the Member State concerned: Articles 104c(9)
and (11), 105(1),(2), (3) and (5), 105a, 108a, 109, 109a(2)(b). The
exclusion of such a Member State and its national central bank from
rights and obligations within the ESCB is laid down in Chapter IX of the
Statute of the ESCB.
4. In Articles 105(1), (2) ,and (3), 105a, 108a, 109 and 109a(2)(b),
"Member States" shall be read as "Member States without a
derogation".
5. The voting rights of Member States with a derogation shall be
suspended for the Council decisions referred to in the Articles of this
Treaty mentioned in paragra