— making ratification of the "Austerity Treaty" a condition of eligibility for ESM funds runs contrary to the letter and spirit of the amendment to Article 136 of the Treaty on the Functioning of the European Union and the European Council summit statement of 21 July 2011 which said that the European Council were, "determined to continue to provide support to countries under programmes until they have regained market access, provided they successfully implement those programmes";

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