European Union Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

European Union Bill

European Union Bill
Part 1 — The EU Treaty
1

A
Bill
To
Make provision in connection with the Treaty signed at Rome on 29th October
2004 establishing a Constitution for Europe; and to require a referendum to be
held about it.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
The EU Treaty
1
Revision of meaning of “the Treaties” etc.
(1)
In section 1 of the European Communities Act 1972 (c. 68) (“the 1972 Act”), for
subsection (2) (the Treaties) substitute—
5
“(2)
In this Act ‘the Treaties’ or ‘the EU Treaties’ means the EU Treaty,
taken with each of the following—
(a)
the Euratom Treaty, that is to say, the treaty establishing the
European Atomic Energy Community signed at Rome on 25th
March 1957, as modified and supplemented by or under the
10
Community Treaties and the EU Treaty;
(b)
the Act concerning the election of representatives of the
European Parliament by direct universal suffrage which was
annexed to Council Decision 76/787/ECSC, EEC, Euratom of
20th September 1976, as it has effect, with modifications, under
15
the EU Treaty;
(c)
the Agreement on the European Economic Area signed at
Oporto on 2nd May 1992, together with the Protocol adjusting
that Agreement signed at Brussels on 17th March 1993, as they
have effect on the entry into force of the EU Treaty;
20
(d)
the Communities’ own resources decisions, as they have effect
in accordance with the EU Treaty;
(e)
every external or ancillary agreement;

Bill 45 53/4

European Union Bill
Part 1 — The EU Treaty
2


and the expressions defined in Schedule 1 to this Act have the meanings
given by that Schedule.
(2A)
In this Act ‘the EU Treaty’ means the treaty establishing a Constitution
for Europe signed at Rome on 29th October 2004, except the common
foreign and security policy provisions.
5
(2B)
In subsection (2)(d) ‘the Communities’ own resources decisions’ means
the following decisions on the Communities’ system of own
resources—
(a)
the decisions of the Council of the Communities of 7th May
1985, 24th June 1988 and 31st October 1994; and
10
(b)
the decision of the Council of the European Union of 29th
September 2000.
(2C)
In subsection (2)(e) ‘external or ancillary agreement’ means any of the
following—
(a)
a treaty, so far as still in force on the entry into force of the EU
15
Treaty, which was entered into by the member States (with or
without other countries) before 22nd January 1972 as ancillary
to any one or more of the pre-accession treaties (as they had
effect at the time);
(b)
a treaty, so far as still in force on the entry into force of the EU
20
Treaty, which was previously entered into by the United
Kingdom as ancillary to any one or more of the Community
Treaties (as they had effect at the time);
(c)
a treaty, so far as still in force on the entry into force of the EU
Treaty, which was previously entered into (with or without
25
member States) by the Communities or by any of them;
(d)
so much of any treaty as has been or is entered into by the
United Kingdom (whether before or after the entry into force of
the EU Treaty) as ancillary to the EU Treaties or any of them;
(e)
so much of any treaty as is entered into, after the entry into force
30
of the EU Treaty, by the European Union or Euratom (with or
without member States) otherwise than in reliance on anything
contained in the common foreign and security policy
provisions.”
(2)
In subsection (3) of that section (Orders in Council declaring treaties to be
35
Community Treaties)—
(a)
for “Community Treaties” substitute “EU Treaties”; and
(b)
for the words from “after” to “that date” substitute “after the entry into
force of the EU Treaty”.
(3)
In subsection (4) of that section (meaning of “treaty”), for “subsections (2) and
40
(3)” substitute “subsections (2) to (3)”.
(4)
Schedule 1 (which substitutes a new Schedule of definitions for Schedule 1 to
the 1972 Act and amends the Interpretation Act 1978 (c. 30) and corresponding
provision applying in Scotland and Northern Ireland) has effect.
(5)
Any Order in Council made before the commencement of subsection (1) of this
45
section under section 1(3) of the 1972 Act that declares that a treaty is to be
regarded as one of the Community Treaties is to have effect, after the
commencement of subsection (1) of this section, as an Order in Council under

European Union Bill
Part 1 — The EU Treaty
3

section 1(3) of that Act declaring it to be a treaty that is to be regarded as one of
the EU Treaties.
(6)
The treaty establishing a Constitution for Europe signed at Rome on 29th
October 2004 is approved for the purposes of section 12 of the European
Parliamentary Elections Act 2002 (c. 24) (approval of treaties relating to
5
European Parliament).
2
Parliamentary approval for Treaty changes
(1)
This section applies to a European decision under Article IV-444 or IV-445 of
the EU Treaty (simplified revision procedures relating to qualified majority
voting and legislative procedures or internal EU policies and action).
10
(2)
A decision to which this section applies may be recognised in law only if it falls
by virtue of this section to be treated as listed in section 1(2) of the 1972 Act as
one of the EU Treaties.
(3)
A decision under Article IV-444 (majority voting and legislative procedures)
shall be treated as listed in section 1(2) of the 1972 Act as one of the EU Treaties
15
only if the initiative for the decision is approved by Parliament.
(4)
For this purpose the initiative for a decision is approved by Parliament if—
(a)
the House of Commons sent a message to the House of Lords asking for
its opinion on whether the House of Commons should resolve to
approve the initiative; and
20
(b)
the initiative was approved by a resolution of the House of Commons
not less than 20 sitting days after the House of Lords received the
message.
(5)
Her Majesty may by Order in Council provide for a decision under Article IV-
445 to be treated as listed in section 1(2) of the 1972 Act as one of the EU
25
Treaties.
(6)
No recommendation may be made to Her Majesty in Council to make an Order
in Council under subsection (5) unless a draft of the Order has been—
(a)
laid before Parliament; and
(b)
approved by a resolution of each House.
30
(7)
A decision which—
(a)
provides for an increase of the powers of the European Parliament, and
(b)
by virtue of this section falls to be treated as listed in section 1(2) of the
1972 Act as one of the EU Treaties,

shall be deemed to have been approved for the purposes of section 12 of the
35
European Parliamentary Elections Act 2002 (approval of treaties relating to
European Parliament).
(8)
In this section “sitting day” means a day on which the House of Lords sits.
3
Statements on subsidiarity
(1)
This section applies where a draft European legislative act is transmitted to
40
Parliament in accordance with Article 4 of Protocol 2 to the EU Treaty (the
application of the principles of subsidiarity and proportionality).

European Union Bill
Part 1 — The EU Treaty
4

(2)
Before the end of six weeks from the date of transmission, the responsible
Minister must lay before Parliament a statement about whether, in his opinion,
the draft legislative act complies with the principle of subsidiarity.
(3)
In this section “the responsible Minister” means the Minister of the Crown with
responsibility in relation to the matters to which the draft legislative act relates;
5
but where there is more than one such Minister, the duty imposed by this
section may be discharged by any one or more of them.
4
Amendments of enactments and continuity
(1)
Schedule 2 (which modifies the 1972 Act and other enactments, and also
subordinate legislation, for purposes connected with giving effect to the EU
10
Treaty and contains continuity and transitional provisions) has effect, but
subject to the provisions of any order or regulations under this section.
(2)
A Minister of the Crown may, by order or regulations, make such
consequential and other modifications of enactments and subordinate
legislation as he considers necessary or expedient for, or in connection with—
15
(a)
making provision that gives effect, or has the equivalent effect, in the
law of the United Kingdom (or of any part of it) to provision made by
Article IV-438 of the EU Treaty (succession and legal continuity); or
(b)
setting out the effect, in relation to a particular enactment or particular
subordinate legislation, of a general modification made by Part 3 of
20
Schedule 2.
(3)
A Minister of the Crown may, by order or regulations, amend any enactment
or subordinate legislation so as—
(a)
to modify references to particular provisions of the Community
Treaties or to particular provisions of the Treaty on European Union
25
that are not included in those Treaties;
(b)
to modify references to a description of instrument capable of being
made under or in accordance with the Community Treaties;
(c)
to modify references to anything else having effect by reference to the
Communities or any of them, to the Community Treaties, to a
30
Community institution, to a Community instrument, to a Community
obligation or to an enforceable Community right, obligation or
restriction;
(d)
to preserve the validity of anything done under or for the purposes of
provision made by or under the Community Treaties;
35
(e)
to secure continuity of the law which by virtue of the 1972 Act was in
force immediately before the entry into force of the EU Treaty;
(f)
otherwise to make transitional provision in connection with the entry
into force of that Treaty.
(4)
Any order or regulations under this section may also—
40
(a)
disapply or otherwise modify the effect in relation to any particular
enactment or subordinate legislation of any general modification made
under Part 3 of Schedule 2; or
(b)
modify the effect in a particular description of cases of any saving or
transitional provision contained in that Schedule.
45
(5)
The power of a Minister of the Crown to make provision by order or
regulations under this section includes power—

European Union Bill
Part 1 — The EU Treaty
5

(a)
to make provision having retrospective effect to the time of the entry
into force of the EU Treaty or to a subsequent time;
(b)
to make different provision for different cases;
(c)
to make provision subject to such exemptions and exceptions as he
thinks fit;
5
(d)
to make such incidental, supplemental, consequential and transitional
provision as he thinks fit.
(6)
The powers of a Minister of the Crown under this section—
(a)
so far as they are exercisable in relation to a matter the exercise of
functions in respect of which is within devolved competence, shall also
10
be exercisable by the Scottish Ministers;
(b)
so far as exercisable in relation to a transferred matter, shall also be
exercisable by a Northern Ireland department; and
(c)
so far as exercisable in relation to a matter in respect of which functions
are exercisable by the National Assembly for Wales, shall also be
15
exercisable by that Assembly.
(7)
A power under this section to make an order or to make regulations —
(a)
so far as it is exercisable by a Minister of the Crown, the Scottish
Ministers or the National Assembly for Wales, shall be exercisable by
statutory instrument; and
20
(b)
so far as it is exercisable by a Northern Ireland department, shall be
exercisable by statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12).
(8)
Subject to subsection (9), a statutory instrument or statutory rule containing an
order or regulations under this section—
25
(a)
if made by a Minister of the Crown, shall be subject to annulment in
pursuance of a resolution of either House of Parliament;
(b)
if made by the Scottish Ministers, shall be subject to annulment in
pursuance of a resolution of the Scottish Parliament; and
(c)
if made by a Northern Ireland department, shall be subject to negative
30
resolution, within the meaning of the Interpretation Act (Northern
Ireland) 1954 (1954 c. 33 (N.I.)), as if it were a statutory instrument
within the meaning of that Act.
(9)
Subsection (8) does not apply to a statutory instrument or statutory rule
containing an order or regulations under this section if—
35
(a)
the instrument is made by a Minister of the Crown and a draft of the
order or regulations was laid before Parliament and approved by a
resolution of each House;
(b)
the instrument is made by the Scottish Ministers and a draft of the order
or regulations was laid before and approved by the Scottish Parliament;
40
or
(c)
the rule is made by a Northern Ireland department and a draft of the
order or regulations was laid before and approved by the Northern
Ireland Assembly.
(10)
In this section—
45
“Minister of the Crown” includes the Treasury; and
“reference”, in relation to anything, means a reference to that thing
however it is worded.

European Union Bill
Part 2 — The Common Foreign and Security Policy
6

(11)
Provision made by or under this section is not to be construed as in any way
derogating from—
(a)
the effect by virtue of section 2(1) of the 1972 Act of Article IV-438 or IV-
439 of the EU Treaty (succession, legal continuity and transitional
provisions) or of Protocol 34 on the transitional provisions relating to
5
the institutions and bodies of the Union; or
(b)
the power of any person to make provision under section 2(2) of that
Act (including provision amending Schedule 2 to this Act).
Part 2
The Common Foreign and Security Policy
10
5
Implementation of common foreign and security policy
(1)
The Secretary of State may by regulations make provision for one or more of
the following purposes—
(a)
implementing an obligation of the United Kingdom created or arising
by or under the common foreign and security policy provisions or a
15
related agreement, or enabling such an obligation to be implemented;
(b)
enabling the exercise of rights enjoyed or to be enjoyed by the United
Kingdom under or by virtue of those provisions or such an agreement;
(c)
dealing with matters arising out of, or related to, such an obligation or
such rights.
20
(2)
The powers conferred by this section include power to amend enactments and
subordinate legislation.
(3)
The powers conferred by this section—
(a)
include power to create new criminal offences and to provide for an
offence created under this section to be a summary offence, an either-
25
way offence or an offence triable only on indictment; but
(b)
do not include power to create an offence punishable, on conviction on
indictment, with a term of imprisonment of more than ten years.
(4)
Where—
(a)
regulations under this section make provision for a purpose mentioned
30
in subsection (1),
(b)
the regulations contain a reference to an EU instrument, and
(c)
it appears to the Secretary of State that it is necessary or expedient
(whether or not for that purpose) for the reference to be construed as a
reference to the EU instrument as amended from time to time,
35

the regulations may make express provision to that effect.
(5)
No regulations may be made containing (with or without other provision) any
provision the power to make which is conferred by this section unless—
(a)
a draft of the regulations has been laid before Parliament and approved
by a resolution of each House; or
40
(b)
the regulations contain a declaration by the Secretary of State that the
urgency of the matter makes it necessary for the regulations to be made
without that approval.
(6)
Regulations under this section that contain such a declaration—
(a)
must be laid before Parliament after being made; and
45

European Union Bill
Part 2 — The Common Foreign and Security Policy
7

(b)
if not approved by a resolution of each House before the end of 40 days
beginning with the day on which they were made, shall cease to have
effect at the end of that period;

but, where regulations cease to have effect in accordance with this subsection,
that does not affect anything previously done under them, or prevent the
5
making of new regulations to the same or similar effect.
(7)
In subsection (6) “40 days” means 40 days computed as provided for in section
7(1) of the Statutory Instruments Act 1946 (c. 36).
(8)
The powers of the Secretary of State under this section—
(a)
so far as they are exercisable in relation to a matter the exercise of
10
functions in respect of which is within devolved competence, shall also
be exercisable by the Scottish Ministers; and
(b)
so far as they are exercisable in relation to a transferred matter, shall
also be exercisable by a Northern Ireland department.
(9)
In relation to regulations made under this section by the Scottish Ministers—
15
(a)
references in this section to Parliament, or to either or each House of
Parliament, shall have effect as references to the Scottish Parliament;
(b)
the reference in subsection (5)(b) to the Secretary of State shall have
effect as a reference to the Scottish Ministers; and
(c)
the reference in subsection (7) to section 7(1) of the Statutory
20
Instruments Act 1946 shall have effect as a reference to Article 13(1) of
the Scotland Act 1998 (Transitory and Transitional Provisions)
(Statutory Instruments) Order 1999 (S.I. 1999/1096).
(10)
In relation to regulations made under this section by a Northern Ireland
department—
25
(a)
references in this section to Parliament, or to either or each House of
Parliament, shall have effect as references to the Northern Ireland
Assembly;
(b)
the reference in subsection (5)(b) to the Secretary of State shall have
effect as a reference to the Northern Ireland department in question;
30
(c)
the reference in subsection (6)(b) to 40 days shall have effect as a
reference to the statutory period (within the meaning of section 41(2) of
the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))); and
(d)
subsection (7) shall be omitted.
(11)
Her Majesty may by Order in Council provide for provision made under this
35
section to extend, with modifications, to a British overseas territory.
(12)
In this section “common foreign and security policy provisions” means the
following provisions of the treaty establishing a Constitution for Europe
signed at Rome on 29th October 2004—
(a)
Article I-16 (competence in common foreign and security policy);
40
(b)
Article I-28 (the Union Minister for Foreign Affairs);
(c)
Articles I-40 and I-41 (specific provision relating to common foreign
and security policy);
(d)
Chapter II of Title V of Part III (Articles III-294 to III-313 on the common
foreign and security policy);
45
(e)
Article III-376 (jurisdiction of European Court in relation to the
common foreign and security policy matters);