Appendix — Article 10 of the Protocol
on Transitional Provisions
ARTICLE 10
1. As a transitional measure, and with respect to
acts of the Union in the field of police cooperation and judicial
cooperation in criminal matters which have been adopted before
the entry into force of the Treaty of Lisbon, the powers of the
institutions shall be the following at the date of entry into
force of that Treaty: the powers of the Commission under Article
258 of the Treaty on the Functioning of the European Union shall
not be applicable and the powers of the Court of Justice of the
European Union under Title VI of the Treaty on European Union,
in the version in force before the entry into force of the Treaty
of Lisbon, shall remain the same, including where they have been
accepted under Article 35(2) of the said Treaty on European Union.
2. The amendment of an act referred to in paragraph
1 shall entail the applicability of the powers of the institutions
referred to in that paragraph as set out in the Treaties with
respect to the amended act for those Member States to which that
amended act shall apply.
3. In any case, the transitional measure mentioned
in paragraph 1 shall cease to have effect five years after the
date of entry into force of the Treaty of Lisbon.
4. At the latest six months before the expiry of
the transitional period referred to in paragraph 3, the United
Kingdom may notify to the Council that it does not accept, with
respect to the acts referred to in paragraph 1, the powers of
the institutions referred to in paragraph 1 as set out in the
Treaties. In case the United Kingdom has made that notification,
all acts referred to in paragraph 1 shall cease to apply to it
as from the date of expiry of the transitional period referred
to in paragraph 3. This subparagraph shall not apply with respect
to the amended acts which are applicable to the United Kingdom
as referred to in paragraph 2.
The Council, acting by a qualified majority on a
proposal from the Commission, shall determine the necessary consequential
and transitional arrangements. The United Kingdom shall not participate
in the adoption of this decision. A qualified majority of the
Council shall be defined in accordance with Article 238(3)(a)
of the Treaty on the Functioning of the European Union.
The Council, acting by a qualified majority on a
proposal from the Commission, may also adopt a decision determining
that the United Kingdom shall bear the direct financial consequences,
if any, necessarily and unavoidably incurred as a result of the
cessation of its participation in those acts.
5. The United Kingdom may, at any time afterwards,
notify the Council of its wish to participate in acts which have
ceased to apply to it pursuant to paragraph 4, first subparagraph.
In that case, the relevant provisions of the Protocol on the Schengen
acquis integrated into the framework of the European Union
or of the Protocol on the position of the United Kingdom and Ireland
in respect of the area of freedom, security and justice, as the
case may be, shall apply. The powers of the institutions with
regard to those acts shall be those set out in the Treaties. When
acting under the relevant Protocols, the Union institutions and
the United Kingdom shall seek to re-establish the widest possible
measure of participation of the United Kingdom in the acquis
of the Union in the area of freedom, security and justice without
seriously affecting the practical operability of the various parts
thereof, while respecting their coherence.
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