European Union Bill

House of Commons

Session 2004 - 05
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European Union Bill

European Union Bill
Schedule 1 — Definitions relating to the European Union etc
Part 1 — Substitution of new Schedule of definitions
13

Schedules
Schedule 1
Section 1

Definitions relating to the European Union etc
Part 1
Substitution of new Schedule of definitions
5
1
For Schedule 1 to the 1972 Act substitute the following Schedule—
“Schedule 1
Definitions
1
The following expressions have the following meanings—
‘common foreign and security policy provisions’ has the same
10
meaning as in section 5 of the European Union Act 2005;
‘the Communities’ means the European Community, the
European Coal and Steel Community and Euratom;
‘the Community Treaties’ means the Treaties that were
Community Treaties for the purposes of this Act immediately
15
before the commencement of section 1 of the European Union
Act 2005;
‘enforceable EU right’ and similar expressions are to be
construed in accordance with section 2(1) of this Act;
‘EU customs duty’, in relation to any goods, means such duty
20
of customs as may from time to time be fixed for those goods
by directly applicable EU provision as the duty chargeable on
importation into member States;
‘EU institution’ means an institution of the European Union or
of Euratom, or an institution which is common to them both;
25
‘EU instrument’ means an instrument issued by an EU
institution;
‘EU obligation’ means an obligation created or arising by or
under the EU Treaties (whether or not an enforceable EU
obligation);
30
‘Euratom’ means the European Atomic Energy Community;
‘the Euratom Treaty” has the meaning given by section 1(2)(a)
of this Act;
‘the European Court’ means the Court of Justice of the
European Union (including any court included in that court
35
under Article I-29 of the EU Treaty);
‘the European Union’ means the European Union established
under the EU Treaty;

European Union Bill
Schedule 1 — Definitions relating to the European Union etc
Part 2 — Application of definitions to enactments generally
14

‘member’, in the expression ‘member State’—
(a)
in relation to a time before the entry into force of the
EU Treaty, refers to membership at that time of the
Communities; and
(b)
in relation to any other time, refers to membership at
5
that time of the European Union;
‘pre-accession treaties’ means the treaties which were pre-
accession treaties for the purposes of this Act before the
commencement of section 1 of the European Union Act 2005.
2
References, in relation to the European Union or to Euratom, to an
10
institution or to a committee, officer or employee include
references to an institution, committee, officer or employee that is
common to them both, but only so far as it or he is acting for the
Union or (as the case may be) for Euratom.
3     (1)
This paragraph applies to references to an institution, body, office
15
or agency established or created under the EU Treaties if it is one
the powers of which are exercisable at any time by its predecessor
in accordance with Article IV-438(2) of that Treaty (succession and
legal continuity of institutions etc.).
      (2)
A reference to such an institution, body, office or agency in
20
relation to a time when its powers are so exercisable includes a
reference to the predecessor.”
Part 2
Application of definitions to enactments generally
Interpretation Act 1978 (c. 30)
25
2
In Schedule 1 to the Interpretation Act 1978 (defined expressions), at the end
insert—
“Construction of expressions relating to the European Union etc

The expressions ‘the Treaties’ and ‘the EU Treaties’ have the same
meaning as in the European Communities Act 1972 (c. 68) (see
30
section 1(2) to (3) of that Act and section 2 of the European Union
Act 2005).

The expression ‘the EU Treaty’ has the same meaning as it is given
for the purposes of the European Communities Act 1972 by
section 1(2A) of that Act.
35

The following expressions have the same meanings as they are
given for the purposes of the European Communities Act 1972 by
Schedule 1 to that Act—
‘enforceable EU right’ and similar expressions
‘EU customs duty’
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‘EU institution’
‘EU instrument’
‘EU obligation’
‘Euratom’

European Union Bill
Schedule 1 — Definitions relating to the European Union etc
Part 2 — Application of definitions to enactments generally
15

‘the Euratom Treaty’
‘the European Court’
‘the European Union’
‘member State’.

That Schedule also applies for construing references—
5
(a)
to an institution, committee, officer or employee common
to both the European Union and Euratom; or
(b)
to an institution, body, office or agency to which Article IV-
438(2) of the EU Treaty (succession and legal continuity of
institutions etc.) applies.
10

‘EEA agreement’ means 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 from time to time modified or supplemented by or
under the EU Treaties. [the entry into force of the EU Treaty]
15

‘EEA state’, in relation to any time, means a member State or any
other state which at that time is a party to the EEA agreement. [the
entry into force of the EU Treaty]

References to an EU instrument that has been amended, extended
or applied by another such instrument are to be construed, unless
20
the contrary intention appears, as references to the instrument as
so amended, extended or applied.”
Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation
etc. of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/1379)
3
In Schedule 2 to the Scotland Act 1998 (Transitory and Transitional
25
Provisions) (Publication and Interpretation etc. of Acts of the Scottish
Parliament) Order 1999 (defined expressions), at the end insert—
“Construction of expressions relating to the European Union etc.

The expressions ‘the Treaties’ and ‘the EU Treaties’ have the same
meaning as in the European Communities Act 1972 (c. 68) (see
30
section 1(2) to (3) of that Act and section 2 of the European Union
Act 2005).

The expression ‘the EU Treaty’ has the same meaning as it is given
for the purposes of the European Communities Act 1972 by
section 1(2A) of that Act.
35

The following expressions have the same meanings as they are
given for the purposes of the European Communities Act 1972 by
Schedule 1 to that Act—
‘enforceable EU right’ and similar expressions
‘EU customs duty’
40
‘EU institution’
‘EU instrument’
‘EU obligation’
‘Euratom’
‘the Euratom Treaty’
45

European Union Bill
Schedule 1 — Definitions relating to the European Union etc
Part 2 — Application of definitions to enactments generally
16

‘the European Court’
‘the European Union’
‘member State’.

That Schedule also applies for construing references—
(a)
to an institution, committee, officer or employee common
5
to both the European Union and Euratom; or
(b)
to an institution, body, office or agency to which Article IV-
438(2) of the EU Treaty (succession and legal continuity of
institutions etc.) applies.

In an Act of the Scottish Parliament passed, or Scottish
10
subordinate legislation made, after the entry into force of the EU
Treaty—
‘EEA agreement’ means the agreement on the European
Economic Area signed at Oporto on 2nd May 1992,
together with the Protocol adjusting that Agreement
15
signed at Brussels on 17th March 1993, as from time to time
modified or supplemented by or under the EU Treaties;
and
‘EEA state’, in relation to any time, means a member State or
any other state which at that time is a party to the EEA
20
agreement.

References to an EU instrument that has been amended, extended
or applied by another such instrument are to be construed, unless
the contrary intention appears, as references to the instrument as
so amended, extended or applied.”
25
Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))
4
After section 44 of the Interpretation Act (Northern Ireland) 1954 insert—
“44A
Construction of expressions relating to the European Union etc.
(1)
In an enactment—
(a)
the expressions ‘the Treaties’ and ‘the EU Treaties’ have the
30
same meaning as in the European Communities Act 1972
(c. 68) (see section 1(2) to (3) of that Act and section 2 of the
European Union Act 2005);
(b)
the expression ‘the EU Treaty’ has the same meaning as it is
given for the purposes of the European Communities Act
35
1972 by section 1(2A) of that Act;
(c)
the following expressions have the same meanings as they
are given for the purposes of the European Communities Act
1972 by Schedule 1 to that Act—
‘enforceable EU right’ and similar expressions
40
‘EU customs duty’
‘EU institution’
‘EU instrument’
‘EU obligation’
‘Euratom’
45
‘the Euratom Treaty’
‘the European Court’

European Union Bill
Schedule 2 — Modification of enactments etc. and continuity provisions
Part 1 — Amendments of the 1972 Act and related savings
17

‘the European Union’
‘member State’.
(2)
That Schedule also applies for construing references in an
enactment—
(a)
to an institution, committee, officer or employee common to
5
both the European Union and Euratom; or
(b)
to an institution, body, office or agency to which Article IV-
438(2) of the EU Treaty (succession and legal continuity of
institutions etc.) applies.
(3)
In an enactment passed or made after the entry into force of the EU
10
Treaty—
(a)
‘EEA agreement’ means 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 from time to time modified
15
or supplemented by or under the EU Treaties; and
(b)
‘EEA state’ in relation to any time, means a member State or
any other state which at that time is a party to the EEA
agreement.
(4)
In an enactment references to an EU instrument that has been
20
amended, extended or applied by another such instrument are to be
construed as references to the instrument as so amended, extended
or applied.”
Schedule 2
Section 4

Modification of enactments etc. and continuity provisions
25
Part 1
Amendments of the 1972 Act and related savings
Introductory
1
This Part of this Schedule applies to the 1972 Act.
General implementation of Treaties
30
2     (1)
In section 2 (general implementation of Treaties), for “Community”,
wherever occurring, substitute “EU”.
      (2)
In subsection (2) of that section—
(a)
for “by regulations” substitute “by order, rules, regulations or
scheme”; and
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(b)
for “objects of the Communities” substitute “objects of the European
Union or of Euratom”.
      (3)
In subsection (3) of that section, for “any of the Communities or member
States, or” substitute “the European Union, to Euratom or to any of the
member States, to meet”.
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European Union Bill
Schedule 2 — Modification of enactments etc. and continuity provisions
Part 1 — Amendments of the 1972 Act and related savings
18

      (4)
In subsection (4) of that section, for “and regulations” substitute “or orders,
rules, regulations or schemes”.
      (5)
After that subsection insert—
“(4A)
In relation to—
(a)
an Order in Council made under this section on the
5
recommendation of the First Minister of the Scottish
Executive, or
(b)
any statutory instrument made under this section by the
Scottish Ministers,

the word ‘designated’ wherever occurring in subsection (2) shall be
10
disregarded and references in this section to an Act of Parliament
shall be read as references to an Act of the Scottish Parliament.”
      (6)
Nothing in this paragraph prevents anything from continuing to have legal
effect in accordance with the EU Treaty after its entry into force if it is
something which—
15
(a)
had legal effect immediately before that time under section 2(1) of
the 1972 Act; and
(b)
is required under that Treaty to continue to have legal effect after
that time (with or without modifications).
Decisions on Treaties, instruments etc and their proof
20
3     (1)
In section 3 (decisions on Treaties and Community instruments and their
proof)—
(a)
omit “or any court attached thereto”, wherever occurring;
(b)
in subsections (1) and (4), for “Community instrument”, wherever
occurring, substitute “EU instrument”;
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(c)
in subsection (2), for “Official Journal of the Communities” and “any
of the Communities or of any Community institution” substitute,
respectively, “Official Journal of the European Union” and “the
European Union, Euratom or any EU institution”; and
(d)
in subsection (3), for “a Community institution”, wherever
30
occurring, substitute “an EU institution”.
      (2)
After subsection (5) of that section insert—
“(6)
So far as may be necessary for purposes connected with recognising
or giving effect to any jurisdiction or decision of the European Court
in relation to the subject-matter of the common foreign and security
35
policy provisions, references in this section—
(a)
to the Treaties, or
(b)
to an EU instrument or EU institution,

shall be construed as if those Treaties included those provisions.”
      (3)
That section has effect with the modifications set out in sub-paragraph (4) in
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relation to—
(a)
proceedings relating to anything occurring wholly or partly before
the entry into force of the EU Treaty;
(b)
decisions before that time of the Court of the Communities; and
(c)
instruments and other acts before that time of any of the
45
Communities or of any Community institution.

European Union Bill
Schedule 2 — Modification of enactments etc. and continuity provisions
Part 1 — Amendments of the 1972 Act and related savings
19

      (4)
Those modifications are that—
(a)
references to the EU Treaties include references to the Community
Treaties;
(b)
references to an EU instrument include references to a Community
instrument;
5
(c)
references to the Official Journal of the European Union include
references to the Official Journal of the Communities;
(d)
references to an EU institution include references to a Community
institution; and
(e)
the references to the European Court in section 3(2) and (3) include
10
references to the Court of the Communities.
Custom duties
4     (1)
In section 5 (Community customs duties)—
(a)
in subsection (1), omit “on and after the relevant date” and the words
from “or, if the goods” to the end of the subsection, and for
15
“Community customs duty” substitute “EU customs duty”; and
(b)
in subsection (3), for “powers to make orders conferred by
subsections (1) and (2) above” substitute “power to make orders
under this section”.
      (2)
In paragraph 4(6) of Schedule 2 (which makes provision as respects
20
instruments relating to customs duties), for “a Community obligation”
substitute “an EU obligation”.
Agriculture
5
In section 6 (agriculture)—
(a)
in subsection (3), for “Community arrangements” substitute “EU
25
arrangements”;
(b)
in subsection (4), for “Economic Community” and “Community
provision” substitute, respectively, “European Union” and “EU
provision”;
(c)
in subsection (5), for “Economic Community”, “Community customs
30
duties” and “Community arrangements” substitute, respectively,
“European Union”, “EU customs duties” and “EU arrangements”;
(d)
in subsection (8), for “Community arrangements” substitute “EU
arrangements”.
Community offences
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6     (1)
In section 11, in subsection (1) (false statements in the European Court etc.),
omit the words “or any court attached thereto”, in both places.
      (2)
But, in that subsection, the references to the European Court shall have
effect—
(a)
in the case of the first reference, in relation to statements made before
40
the entry into force of the EU Treaty, and
(b)
in the case of the second reference, in relation to reports made before
the entry into force of that Treaty,

as references to the Court of the Communities.