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| New Amendments handed in are marked thus  |
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| | The Amendments have been arranged in accordance with the Order of the House |
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| Clause 6, page 4, line 36, at end insert— |
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| | ‘(2A) | A Minister of the Crown may not give a notification, under Article 4 of Protocol |
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| | (No. 21) on the position of the United Kingdom and Ireland in respect of the area |
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| | of freedom, security and justice annexed to TEU and TFEU, which relates to |
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| | participation by the United Kingdom in a European Public Prosecutor’s Office or |
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| | an extension of the powers of that Office unless— |
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| | (a) | the notification has been approved by Act of Parliament, and |
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| | (b) | the referendum condition is met.’. |
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| Clause 6, page 4, line 36, at end insert— |
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| | ‘(2A) | A Minister of the Crown may not confirm the approval by the United Kingdom |
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| | of a decision under the provision of Article 25 of TFEU that permits the adoption |
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| | of provisions to strengthen or add to the rights listed in Article 20(2) of that Treaty |
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| | (Rights of citizens of the European Union) unless— |
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| | (a) | the decision is approved by Act of Parliament, and |
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| | (b) | the referendum condition is met.’. |
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| Clause 6, page 4, line 39, at end insert ‘and for the purposes of subsection (2A) as |
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| references to a notification’. |
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| Clause 6, page 4, line 42, at end insert— |
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| | ‘(aa) | a decision under Article 43 of TFEU which would result in the removal |
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| | of the existing powers of the United Kingdom in relation to nautical |
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| Clause 6, page 5, line 5, at end insert— |
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| | ‘(ba) | a decision under the provision of Article 81(3) of TFEU (family law) that |
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| | permits the application of the ordinary legislative procedure in place of a |
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| | special legislative procedure;’. |
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| Clause 6, page 5, line 5, at end insert— |
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| | ‘(bb) | a decision under the provision of Article 82(2)(d) of TFEU (minimum |
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| | rules on criminal procedure) that permits the identification of further |
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| | specific aspects of criminal procedure to which directives adopted under |
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| | the ordinary legislative procedure may relate;’. |
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| Clause 6, page 5, line 5, at end insert— |
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| | ‘(bc) | a decision under the provision of Article 83(1) of TFEU that permits the |
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| | identification of further areas of crime to which directives adopted under |
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| | the ordinary legislative procedure may relate;’. |
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| Clause 6, page 5, line 27, after ‘(enhanced co-operation)’, insert ‘except in the field |
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| Clause 6, page 5, line 33, at end insert— |
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| | ‘(ja) | a decision which results in the participation of the United Kingdom in |
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| | any enhanced co-operation procedure.’. |
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| Clause 6, page 5, line 35, at end insert— |
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| | ‘(l) | a decision to extend the use of the European Financial Stability |
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| | Mechanism to member states other than the Republic of Ireland.’. |
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| Clause 6, page 5, line 35, at end insert— |
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| | ‘(4A) | In subsection (1) “decision” includes a further implementation of the decision |
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| | under Article 122 of TFEU to extend the use of the European Financial Stability |
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| | Mechanism to any member state other than the Republic of Ireland.’. |
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| Schedule 1, page 13, leave out lines 15 to 22 and insert— |
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| | | ‘Chapter 2 of Title V (specific provisions on the common foreign and security |
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| Schedule 1, page 13, line 17, at end insert—
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| ‘Article 31(3) (decisions stipulating that the Council shall act by a qualified majority in |
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| cases within the common foreign and security policy).’. |
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| Schedule 1, page 14, line 9, at end insert—
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| ‘Article 81(3) (family law).’. |
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| Schedule 1, page 14, line 29, at end insert—
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| ‘Article 207(4) (certain EU trade agreements).’. |
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| Clause 11, page 9, line 21, at end insert— |
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| | ‘(d) | if the referendum is also held in Guernsey, Jersey, the Isle of Man or |
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| | British Overseas Territories, the Commonwealth citizens who, on the |
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| | date of the referendum, would be entitled to vote in elections for the |
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| | legislatures in those places.’. |
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| Clause 7, page 5, leave out lines 44 to 46. |
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| Clause 7, page 6, line 7, at end insert— |
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| | ‘(e) | a decision under Article 218(8) of TFEU for the accession of the |
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| | European Union to the European Convention for the Protection of |
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| | Human Rights and Fundamental Freedoms in accordance with Article |
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| Clause 7, page 6, line 25, at end insert— |
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| | ‘(da) | a decision implemented through the solidarity clause under Article 222 |
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| | that obliges the United Kingdom to provide assistance to another |
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| | Member State which is the object of a terrorist attack or the victim of a |
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| | natural or man-made disaster.’. |
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| Clause 8, page 6, line 41, leave out ‘(3) to (5)’ and insert ‘(3) and (4)’. |
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| Clause 8, page 7, line 7, leave out subsections (5) to (7) and add— |
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| | ‘(5) | This subsection is complied with if— |
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| | (a) | in each House of Parliament a Minister of the Crown moves a motion that |
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| | the House approves Her Majesty’s Government’s intention to support a |
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| | specified draft decision and is of the opinion that the decision relates only |
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| | to one or more of the following purposes— |
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| | (i) | to make provision equivalent to that made by a measure |
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| | previously adopted under Article 352 of TFEU, where that |
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| | previous measure was adopted following the commencement of |
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| | section 8 of the European Union Act 2011 and the draft decision |
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| | relating to that measure was approved by Act of Parliament; |
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| | (ii) | to repeal existing measures adopted under Article 352 of TFEU; |
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| | (iii) | to consolidate existing measures adopted under Article 352 of |
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| | TFEU without any change of substance, where those existing |
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| | measures were adopted following the commencement of section |
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| | 8 of the European Union Act 2011 and the draft decisions |
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| | relating to those measures were approved by Act of Parliament; |
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| | (b) | each House agrees to the motion without amendment.’. |
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| Clause 8, page 7, line 7, leave out subsections (5) to (7). |
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| Clause 9, page 7, line 33, leave out from first ‘of’ to end of line 44 and insert ‘any |
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| existing or proposed measure under Title V of Part 3 of TFEU.’. |
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| Clause 9, page 7, line 33, leave out from ‘measure’ to end of line 44 and insert |
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| ‘presented to the Council pursuant to Title V of Part 3 of TFEU, apart from a notification |
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| in relation to a measure that, at the time of the notification, would if adopted extend the |
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| powers of Eurojust to include the initiation of criminal investigations.’. |
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| Clause 9, page 7, leave out lines 34 to 36. |
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| Clause 9, page 7, leave out lines 37 to 44. |
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| Clause 9, page 7, line 44, at end insert— |
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| | ‘(d) | the provision of Article 83(2) of TFEU (harmonisation of criminal |
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| | offences and sanctions) that permits the establishment by directive of |
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| | minimum rules with regard to the definition of criminal offences and |
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| | sanctions in an area subject to harmonisation measures by the same |
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| | ordinary or special legislative procedure as was followed for the adoption |
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| | of the harmonisation measures in question.’. |
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| Clause 9, page 8, line 1, at end insert— |
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| | ‘(3A) | Subject to subsection (3B), a Minister of the Crown may not vote in favour of or |
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| | otherwise support a decision under Article 4 of the Schengen Protocol that would |
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| | cause the United Kingdom to participate in further provisions of the Schengen |
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| | acquis, unless a Minister of the Crown has given an oral statement to the Chamber |
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| | of the House of Commons on Her Majesty’s Government’s intention to support |
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| | (3B) | Subsection (3A) does not apply to a decision that falls under section 6(4)(k). |
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| | (3C) | In subsection (3A), “the Schengen Protocol” has the same meaning as that given |
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| Clause 9, page 8, line 1, at end insert— |
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| | ‘(3D) | A Minister of the Crown may not permit the United Kingdom’s participation in |
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| | the final adoption of a measure building upon the Schengen acquis unless a |
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| | Minister of the Crown has given an oral statement to the Chamber of the House |
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| | of Commons on Her Majesty’s Government’s intention that the United Kingdom |
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| | will participate in final adoption of the measure.’. |
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| Clause 9, page 8, line 3, leave out from ‘under’ to end of line 5 and insert ‘any of |
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| the following unless the draft decision has been approved by Act of Parliament— |
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| | (a) | the provision of Article 77(3) of TFEU that permits the adoption of |
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| | provisions concerning passports, identity cards, residence permits or any |
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| | (b) | the provision of Article 81(3) of TFEU that permits the adoption of |
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| | measures concerning family law with cross-border implications through |
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| | a special legislative procedure; |
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| | (c) | the provision of Article 87(3) of TFEU that permits the adoption of |
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| | measures concerning operational co-operation between the authorities |
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| | referred to in Article 87 of TFEU; |
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| | (d) | the provision of Article 89 of TFEU on the operation of certain |
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| | competent authorities of a member State in the territory of another |
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| Clause 9, page 8, line 7, leave out from ‘measure’ to end of line 16 and insert |
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| ‘unless the notification in respect of the measure has been approved by Act of Parliament; |
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| but this provision shall not apply to a notification in relation to— |
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| | (a) | a measure extending the powers of Eurojust to include the initiation of |
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| | (b) | a measure adopted under Article 81(3) of TFEU (family law) that |
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| | determines those aspects of family law with cross-border implications |
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| | that may be subject to the ordinary legislative procedure; |
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| | (c) | a measure adopted under Article 82(2)(d) of TFEU (minimum rules on |
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| | criminal procedure) that identifies a further specific aspect or aspects of |
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| | criminal procedure to which directives adopted under the ordinary |
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| | legislative procedure may relate; |
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| | (d) | a measure adopted under Article 83(1) of TFEU (particularly serious |
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| | crime with a cross-border dimension) that identifies a further area or |
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| | areas of crime to which directives adopted under the ordinary legislative |
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| Clause 9, page 8, line 16, at end add— |
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| | ‘(7) | A Minister of the Crown shall give a notification by 1 June 2014, under Article |
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| | 10(4) of Protocol (No. 36) on Transitional Provisions annexed to TEU and TFEU, |
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| | that the United Kingdom does not accept, with respect to acts of the EU in the |
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| | field of police co-operation and judicial co-operation in criminal matters to which |
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| | Article 10(4) of that Protocol applies, the powers of the EU institutions referred |
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| | to in Article 10(1) of that Protocol as set out in the EU Treaties, unless a Minister |
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| | of the Crown has given an oral statement to the Chamber of the House of |
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| | Commons on Her Majesty’s Government’s intention that the United Kingdom |
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| | will accept the powers of those EU institutions as set out in the EU Treaties in |
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| | respect of the aforementioned acts of the EU. |
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| | (8) | An oral statement referred to in subsection (7) shall not prevent a Minister of the |
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| | Crown giving a notification under Article 10(4) of Protocol (No. 36) on |
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| | Transitional Provisions annexed to TEU and TFEU that the United Kingdom does |
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| | not accept, with respect to acts of the EU in the field of police co-operation and |
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| | judicial co-operation in criminal matters to which Article 10(4) of that Protocol |
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| | applies, the powers of the EU institutions referred to in Article 10(1) of that |
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| | Protocol as set out in the EU Treaties.’. |
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