European Union Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

European Union Bill

European Union Bill
Part 1 — Restrictions on treaties and decisions relating to EU
1

A
Bill
To
Make provision about treaties relating to the European Union and decisions
made under them, including provision implementing the Protocol signed at
Brussels on 23 June 2010 amending the Protocol (No. 36) on transitional
provisions annexed to the Treaty on European Union, to the Treaty on the
Functioning of the European Union and to the Treaty establishing the
European Atomic Energy Community; and to make provision about the
means by which directly applicable or directly effective European Union law
has effect in the United Kingdom.
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
Restrictions on treaties and decisions relating to EU
Introductory
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Interpretation of Part 1
(1)
This section has effect for the interpretation of this Part.
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(2)
“TEU” means the Treaty on European Union.
(3)
“TFEU” means the Treaty on the Functioning of the European Union.
(4)
A reference to a treaty which amends TEU or TFEU includes a reference to—
(a)
a treaty resulting from the application of Article 48(2) to (5) of TEU
(ordinary revision procedure);
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(b)
an agreement under Article 49 of TEU (admission of new members).
(5)
An “Article 48(6) decision” means a decision under Article 48(6) of TEU
(simplified revision procedure).

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European Union Bill
Part 1 — Restrictions on treaties and decisions relating to EU
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(6)
Except in a reference to “the European Council”, “the Council” means the
Council of the European Union.
(7)
A reference to a Minister of the Crown voting in favour of or otherwise
supporting a decision is a reference to a Minister of the Crown voting in favour
of or otherwise supporting the decision in the European Council or the
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Council.
Restrictions relating to amendments of TEU or TFEU
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Treaties amending or replacing TEU or TFEU
(1)
A treaty which amends or replaces TEU or TFEU is not to be ratified unless—
(a)
a statement relating to the treaty was laid before Parliament in
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accordance with section 5,
(b)
the treaty is approved by Act of Parliament, and
(c)
the referendum condition or the exemption condition is met.
(2)
The referendum condition is that—
(a)
the Act providing for the approval of the treaty provides that the
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provision approving the treaty is not to come into force until a
referendum about whether the treaty should be ratified has been held
throughout the United Kingdom or, where the treaty affects Gibraltar,
throughout the United Kingdom and Gibraltar,
(b)
the referendum has been held, and
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(c)
the majority of those voting in the referendum are in favour of the
ratification of the treaty.
(3)
The exemption condition is that the Act providing for the approval of the treaty
states that the treaty does not fall within section 4.
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Amendment of TFEU under simplified revision procedure
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(1)
Where the European Council has adopted an Article 48(6) decision subject to
its approval by the member States, a Minister of the Crown may not confirm
the approval of the decision by the United Kingdom unless—
(a)
a statement relating to the decision was laid before Parliament in
accordance with section 5,
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(b)
the decision is approved by Act of Parliament, and
(c)
the referendum condition, the exemption condition or the significance
condition is met.
(2)
The referendum condition is that—
(a)
the Act providing for the approval of the decision provides that the
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provision approving the decision is not to come into force until a
referendum about whether the decision should be approved has been
held throughout the United Kingdom or, where the decision affects
Gibraltar, throughout the United Kingdom and Gibraltar,
(b)
the referendum has been held, and
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(c)
the majority of those voting in the referendum are in favour of the
approval of the decision.
(3)
The exemption condition is that the Act providing for the approval of the
decision states that the decision does not fall within section 4.

European Union Bill
Part 1 — Restrictions on treaties and decisions relating to EU
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(4)
The significance condition is that the Act providing for the approval of the
decision states that—
(a)
the decision falls within section 4 only because of provision of the kind
mentioned in subsection (1)(i) or (j) of that section, and
(b)
the effect of that provision in relation to the United Kingdom is not
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significant.
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Cases where treaty or Article 48(6) decision attracts a referendum
(1)
Subject to subsection (4), a treaty or an Article 48(6) decision falls within this
section if it involves one or more of the following—
(a)
the extension of the objectives of the EU as set out in Article 3 of TEU;
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(b)
the conferring on the EU of a new exclusive competence;
(c)
the extension of an exclusive competence of the EU;
(d)
the conferring on the EU of a new competence shared with the member
States;
(e)
the extension of any competence of the EU that is shared with the
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member States;
(f)
the extension of the competence of the EU in relation to—
(i)
the co-ordination of economic and employment policies, or
(ii)
common foreign and security policy;
(g)
the conferring on the EU of a new competence to carry out actions to
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support, co-ordinate or supplement the actions of member States;
(h)
the extension of a supporting, co-ordinating or supplementing
competence of the EU;
(i)
the conferring on an EU institution or body of power to impose a
requirement or obligation on the United Kingdom, or the removal of
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any limitation on any such power of an EU institution or body;
(j)
the conferring on an EU institution or body of new or extended power
to impose sanctions on the United Kingdom;
(k)
any amendment of a provision listed in Schedule 1 that removes a
requirement that anything should be done unanimously, by consensus
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or by common accord;
(l)
any amendment of Article 31(2) of TEU (decisions relating to common
foreign and security policy to which qualified majority voting applies)
that removes or amends the provision enabling a member of the
Council to oppose the adoption of a decision to be taken by qualified
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majority voting;
(m)
any amendment of any of the provisions specified in subsection (3) that
removes or amends the provision enabling a member of the Council, in
relation to a draft legislative act, to ensure the suspension of the
ordinary legislative procedure.
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(2)
Any reference in subsection (1) to the extension of a competence includes a
reference to the removal of a limitation on a competence.
(3)
The provisions referred to in subsection (1)(m) are—
(a)
Article 48 of TFEU (social security),
(b)
Article 82(3) of TFEU (judicial co-operation in criminal matters), and
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(c)
Article 83(3) of TFEU (particularly serious crime with a cross-border
dimension).

European Union Bill
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(4)
A treaty or Article 48(6) decision does not fall within this section merely
because it involves one or more of the following—
(a)
the codification of practice under TEU or TFEU in relation to the
previous exercise of an existing competence;
(b)
the making of any provision that applies only to member States other
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than the United Kingdom;
(c)
in the case of a treaty, the accession of a new member State.
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Statement to be laid before Parliament
(1)
If a treaty amending TEU or TFEU is agreed in an inter-governmental
conference, a Minister of the Crown must lay the required statement before
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Parliament before the end of the 2 months beginning with the date on which
the treaty is agreed.
(2)
If an Article 48(6) decision is adopted by the European Council subject to its
approval by the member States, a Minister of the Crown must lay the required
statement before Parliament before the end of the 2 months beginning with the
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date on which the decision is adopted.
(3)
The required statement is a statement as to whether, in the Minister’s opinion,
the treaty or Article 48(6) decision falls within section 4.
(4)
If the Minister is of the opinion that an Article 48(6) decision falls within section
4 only because of provision of the kind mentioned in subsection (1)(i) or (j) of
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that section, the statement must indicate whether in the Minister’s opinion the
effect of that provision in relation to the United Kingdom is significant.
(5)
The statement must give reasons for the Minister’s opinion under subsection
(3) and, if relevant, subsection (4).
Restrictions relating to other decisions under TEU or TFEU
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Decisions requiring approval by Act and by referendum
(1)
A Minister of the Crown may not vote in favour of or otherwise support a
decision to which this subsection applies unless—
(a)
the draft decision is approved by Act of Parliament, and
(b)
the referendum condition is met.
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(2)
Where the European Council has recommended to the member States the
adoption of a decision under Article 42(2) of TEU in relation to a common EU
defence, a Minister of the Crown may not notify the European Council that the
decision is adopted by the United Kingdom unless—
(a)
the decision is approved by Act of Parliament, and
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(b)
the referendum condition is met.
(3)
The referendum condition is that set out in section 3(2), with references to a
decision being read for the purposes of subsection (1) as references to a draft
decision.
(4)
The decisions to which subsection (1) applies are—
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(a)
a decision under the provision of Article 31(3) of TEU that permits the
adoption of qualified majority voting;

European Union Bill
Part 1 — Restrictions on treaties and decisions relating to EU
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(b)
a decision under Article 48(7) of TEU which in relation to any provision
listed in Schedule 1—
(i)
adopts qualified majority voting, or
(ii)
applies the ordinary legislative procedure in place of a special
legislative procedure requiring the Council to act unanimously;
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(c)
a decision under Article 86(1) of TFEU involving participation by the
United Kingdom in a European Public Prosecutor’s Office;
(d)
where the United Kingdom has become a participant in a European
Public Prosecutor’s Office, a decision under Article 86(4) of TFEU to
extend the powers of that Office;
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(e)
a decision under Article 140(3) of TFEU which would make the euro the
currency of the United Kingdom;
(f)
a decision under the provision of Article 153(2) of TFEU (social policy)
that permits the application of the ordinary legislative procedure in
place of a special legislative procedure;
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(g)
a decision under the provision of Article 192(2) of TFEU (environment)
that permits the application of the ordinary legislative procedure in
place of a special legislative procedure;
(h)
a decision under the provision of Article 312(2) of TFEU (EU finance)
that permits the adoption of qualified majority voting;
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(i)
a decision under the provision of Article 333(1) of TFEU (enhanced co-
operation) that permits the adoption of qualified majority voting,
where the decision relates to a provision listed in Schedule 1 and the
United Kingdom is a participant in the enhanced co-operation to which
the decision relates;
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(j)
a decision under the provision of Article 333(2) of TFEU (enhanced co-
operation) that permits the adoption of the ordinary legislative
procedure in place of a special legislative procedure, where—
(i)
the decision relates to a provision listed in Schedule 1,
(ii)
the special legislative procedure requires the Council to act
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unanimously, and
(iii)
the United Kingdom is a participant in the enhanced co-
operation to which the decision relates;
(k)
a decision under Article 4 of the Schengen Protocol that removes any
border control of the United Kingdom.
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(5)
In subsection (4)(k) “the Schengen Protocol” means the Protocol (No. 19) on the
Schengen acquis integrated into the framework of the European Union,
annexed to TEU and TFEU.
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Decisions requiring approval by Act
(1)
A Minister of the Crown may not confirm the approval by the United Kingdom
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of a decision to which this subsection applies unless the decision is approved
by Act of Parliament.
(2)
The decisions to which subsection (1) applies are—
(a)
a decision under the provision of Article 25 of TFEU that permits the
adoption of provisions to strengthen or add to the rights listed in
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Article 20(2) of that Treaty (rights of citizens of the European Union);
(b)
a decision under the provision of Article 223(1) of TFEU that permits
the laying down of the provisions necessary for the election of the
members of the European Parliament in accordance with that Article;

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(c)
a decision under the provision of Article 262 of TFEU that permits the
conferring of jurisdiction on the Court of Justice of the European Union
in disputes relating to the application of acts adopted on the basis of the
EU Treaties which create European intellectual property rights;
(d)
a decision under the third paragraph of Article 311 of TFEU to adopt a
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decision laying down provisions relating to the system of own
resources of the European Union.
(3)
A Minister of the Crown may not vote in favour of or otherwise support a
decision to which this subsection applies unless the draft decision is approved
by Act of Parliament.
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(4)
The decisions to which subsection (3) applies are—
(a)
a decision under the provision of Article 17(5) of TEU that permits the
alteration of the number of members of the European Commission;
(b)
a decision under Article 48(7) of TEU which in relation to any decision
not listed in Schedule 1—
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(i)
adopts qualified majority voting, or
(ii)
applies the ordinary legislative procedure in place of a special
legislative procedure requiring the Council to act unanimously;
(c)
a decision under the provision of Article 64(3) of TFEU that permits the
adoption of measures which constitute a step backwards in European
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Union law as regards the liberalisation of the movement of capital to or
from third countries;
(d)
a decision under the provision of Article 126(14) of TFEU that permits
the adoption of provisions to replace the Protocol (No. 12) on the
excessive deficit procedure annexed to TEU and TFEU;
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(e)
a decision under the provision of Article 333(1) of TFEU (enhanced co-
operation) that permits the adoption of qualified majority voting,
where the decision relates to a provision not listed in Schedule 1 and the
United Kingdom is a participant in the enhanced co-operation to which
the decision relates;
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(f)
a decision under the provision of Article 333(2) of TFEU (enhanced co-
operation) that permits the adoption of the ordinary legislative
procedure in place of a special legislative procedure, where—
(i)
the decision relates to a provision not listed in Schedule 1,
(ii)
the special legislative procedure requires the Council to act
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unanimously, and
(iii)
the United Kingdom is a participant in the enhanced co-
operation to which the decision relates.
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Decisions under Article 352 of TFEU
(1)
A Minister of the Crown may not vote in favour of or otherwise support an
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Article 352 decision unless one of subsections (3) to (5) is complied with in
relation to the draft decision.
(2)
An Article 352 decision is a decision under the provision of Article 352 of TFEU
that permits the adoption of measures to attain one of the objectives set out in
the EU Treaties (but for which those Treaties have not provided the necessary
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powers).
(3)
This subsection is complied with if a draft decision is approved by Act of
Parliament.

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(4)
This subsection is complied with if—
(a)
in each House of Parliament a Minister of the Crown moves a motion
that the House approves Her Majesty’s Government’s intention to
support a specified draft decision and is of the opinion that the measure
to which it relates is required as a matter of urgency, and
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(b)
each House agrees to the motion without amendment.
(5)
This subsection is complied with if a Minister of the Crown has laid before
Parliament a statement specifying a draft decision and stating that in the
opinion of the Minister the decision relates only to one or more exempt
purposes.
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(6)
The exempt purposes are—
(a)
to make provision equivalent to that made by a measure previously
adopted under Article 352 of TFEU, other than an excepted measure;
(b)
to prolong or renew a measure previously adopted under that Article,
other than an excepted measure;
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(c)
to extend a measure previously adopted under that Article to another
member State or other country;
(d)
to repeal existing measures adopted under that Article;
(e)
to consolidate existing measures adopted under that Article without
any change of substance.
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(7)
In subsection (6)(a) and (b), “excepted measure” means a measure adopted
after the commencement of this section and resulting from a decision in
relation to which a Minister of the Crown had relied on compliance with
subsection (4).
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Approval required in connection with Title V of Part 3 of TFEU
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(1)
A Minister of the Crown may not give a notification to which this subsection
applies unless Parliamentary approval has been given in accordance with
subsection (3).
(2)
Subsection (1) applies in relation to a notification under Article 3 of Protocol
(No. 21) on the position of the United Kingdom and Ireland in respect of the
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area of freedom, security and justice annexed to TEU and TFEU (the “AFSJ
Protocol”) that the United Kingdom wishes to take part in the adoption and
application of a measure proposed under any of the following—
(a)
the provision of Article 81(3) of TFEU (family law) that permits the
application of the ordinary legislative procedure in place of a special
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legislative procedure;
(b)
the provision of Article 82(2)(d) of TFEU (criminal procedure) that
permits the identification of further specific aspects of criminal
procedure to which directives adopted under the ordinary legislative
procedure may relate;
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(c)
the provision of Article 83(1) of TFEU (particularly serious crime with
a cross-border dimension) that permits the identification of further
areas of crime to which directives adopted under the ordinary
legislative procedure may relate.
(3)
Parliamentary approval is given if—
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(a)
in each House of Parliament a Minister of the Crown moves a motion
that the House approves Her Majesty’s Government’s intention to give
a notification in respect of a specified measure, and