APPENDIX L
SCRUTINY RESERVE RESOLUTION RELATING TO THE WORK OF THE
EUROPEAN UNION COMMITTEE
(30 March 2010)
The House has resolved:
That—
(1) Subject to paragraph (5) below, no Minister of the
Crown shall give agreement in the Council or the European Council in relation
to any document subject to the scrutiny of the European Union Committee in
accordance with its terms of reference, while the document remains subject to
scrutiny.
(2) A document remains subject to scrutiny if—
(a) the European Union Committee has made a report in
relation to the document to the House for debate, but the debate has not yet
taken place; or
(b) in any case, the Committee has not indicated that it
has completed its scrutiny.
(3) Agreement in relation to a document means agreement
whether or not a formal vote is taken, and includes in particular—
(a) agreement to a programme, plan or recommendation for
European Union legislation;
(b) political agreement;
(c) agreement to a general approach;
(d) in the case of a proposal on which the Council acts
in accordance with the procedure referred to in Article 289(1) of the Treaty on
the Functioning of the European Union (the ordinary legislative procedure),
agreement to the Council's position at first reading, to its position at second
reading, or to a joint text; and
(e) in the case of a proposal on which the Council acts
in accordance with Article 289(2) of the Treaty on the Functioning of the
European Union (a special legislative procedure), agreement to a Council
position.
(4) Where the Council acts by unanimity, abstention
shall be treated as giving agreement.
(5) The Minister concerned may give agreement in
relation to a document which remains subject to scrutiny—
(a) 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) if the European Union Committee has indicated that
agreement need not be withheld pending completion of scrutiny; or
(c) if the Minister decides that, for special reasons,
agreement should be given; but he must explain his reasons—
i. in every such case, to the European Union
Committee at the first opportunity after reaching his decision; and
ii. if that Committee has made a report for debate
in the House, to the House at the opening of the debate on the report.
