Parliament and after discussion in the Council, meeting in the composition of the  Heads of State or 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 derogation's 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, and 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 paragraph 3. In that case, by way of derogation from Articles 148 and 189a( 1 ), a qualified  majority shall be defined as two thirds of the votes of the representatives of the  Member States without a derogation weighted in accordance with Article 148( 2 ),  and unanimity of those Member States shall be required for an act requiring  unanimity.

6. Articles 109h and 109i shall continue to apply to a Member State with a derogation.

Article 1091

1. Immediately after the decision on the date for the beginning of the third stage has  been taken in accordance with Article 109j( 3 ), or, as the case may be, immediately  after 1 July 1998:

the Council shall adopt the provisions referred to in Article 106( 6 );

the governments of the Member States without a derogation shall appoint, in  accordance with the procedure set out in Article 50 of the Statute of the ESCB,  the President, the Vice President and the other members of the Executive Board  of the ECB. If there are Member States with a derogation, the number of  members of the Executive Board may be smaller than provided for in Article  11.1 of the Statute of the ESCB, but in no circumstances shall it be less than  four.

As soon as the Executive Board is appointed, the ESCB and the ECB shall be  established and shall prepare for their full operation as described in this Treaty and  the Statute of the ESCB. The full exercise of their powers shall start from the first  day of the third stage.

2. As soon as the ECB is established, it shall, if necessary, take over tasks of the  EMI. The EMI shall go into liquidation upon the establishment of the ECB; the  modalities of liquidation are laid down in the Statute of the EMI.

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