Scrutiny of European Business
Resolution of 17th November 1998, as in effect following
the entry into force of the Treaty of Amsterdam.
Resolved, That the
Resolution of the House of 24th October 1990 relating to European
Community Legislation be rescinded and the following Resolution
be made:
That—
(1) No Minister of the Crown should give agreement
in the Council or in the European Council to any proposal for
European Community legislation or for a common strategy, joint
action or common position under Title V or a common position,
framework decision, decision or convention under Title VI of the
Treaty on European Union—
(a) which is still subject to scrutiny (that
is, on which the European Scrutiny Committee has not completed
its scrutiny) or
(b) which is awaiting consideration by the
House (that is, which has been recommended by the European Scrutiny
Committee for consideration pursuant to Standing Order No. 119
(European Standing Committees) but in respect of which the House
has not come to a Resolution).
(2) In this Resolution, any reference to agreement
to a proposal includes—
(a) agreement to a programme, plan or recommendation
for European Community legislation;
(b) political agreement;
(c) in the case of a proposal on which the
Council acts in accordance with the procedure referred to in Article
251 of the Treaty of Rome (co-decision), agreement to a common
position, to an act in the form of a common position incorporating
amendments proposed by the European Parliament, and to a joint
text; and
(d) in the case of a proposal on which the
Council acts in accordance with the procedure referred to in Article
252 of the Treaty of Rome (co-operation), agreement to a common
position.
(3) The Minister concerned may, however, give
agreement—
(a) to a proposal which is still subject to
scrutiny if he considers that it is confidential, routine or trivial
or is substantially the same as a proposal on which scrutiny has
been completed;
(b) to a proposal which is awaiting consideration
by the House if the European Scrutiny Committee has indicated
that agreement need not be withheld pending consideration.
(4) The Minister concerned may also give agreement
to a proposal which is still subject to scrutiny or awaiting consideration
by the House if he decides that for special reasons agreement
should be given; but he should explain his reasons—
(a) in every such case, to the European Scrutiny
Committee at the first opportunity after reaching his decision;
and
(b) in the case of a proposal awaiting consideration
by the House, to the House at the first opportunity after giving
agreement.
(5) In relation to any proposal which requires
adoption by unanimity, abstention shall, for the purposes of paragraph
(4), be treated as giving agreement.
