European Union (Amendment) Bill
FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 21st April 2008, as follows—
Clauses 2 and 3
The Schedule | Clauses 4 to 8 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 25 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 1, paragraph 50, inserted Article 28E TEU, relating to permanent structured co-operation in defence; and |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL
LORD WILLOUGHBY DE BROKE
LORD PEARSON OF RANNOCH |
| 26 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 1, paragraph 55, new Article 46A TEU, relating to the legal personality of the European Union; and |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 26A | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 1, paragraph 55, new Article 46A TEU, relating to the legal personality of the European Union, unless the Secretary of State has, within one month of the coming into force of this Act, laid before each House of Parliament a report setting out how the independent national representation of the United Kingdom in international bodies, treaty-making or other international arrangements will be upheld in the event of the adoption of an EU legal personality and that report has been approved by affirmative resolution of both Houses of Parliament; and |
| | LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH |
| 27 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 1, paragraph 58, inserting a new Article 49A TEU, relating to withdrawal from the Union; and |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 28A | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 12, inserted Title I, relating to categories and areas of Union competence; and |
| 29A | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 12, inserted Article 2B TEC (TFEU), paragraph 1(b) providing for the establishing of competition rules necessary for the functioning of the internal market to be an area of exclusive competence of the European Union, unless arrangements have been made for the Secretary of State to report to Parliament each year on the operation and application of European Union competition policy according to the principle set out in the Protocol on the Internal Market and Competition; and |
| 29B* | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 12, inserted Article 2B TEC (TFEU), paragraph 1(b) providing for the competition rules necessary for the functioning of the internal market to be an area of exclusive competence of the European Union, unless, before the coming into force of this Act, the Secretary of State has laid before each House of Parliament a report setting out the arrangements under the Treaty for securing an open market economy and requiring free and undistorted competition throughout the European Union, and that report has been approved by affirmative resolution of both Houses of Parliament; and |
| 30 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 12, inserted Article 2B TEC (TFEU) paragraph 1(d), relating to the conservation of marine biological resources under the common fisheries policy; and |
| 32A | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 12, inserted Article 2C TEC (TFEU), paragraph 2(a), relating to the internal market; and |
| | LORD PEARSON OF RANNOCH
LORD STODDART OF SWINDON
LORD WILLOUGHBY DE BROKE |
| 33 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 12, inserted Article 2C TEC (TFEU) paragraph 2(d) providing for agriculture and fisheries to be areas of shared competence, and |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 38 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 29, inserted Article 16B, TEC (TFEU), paragraph 2, relating to the legislative procedure for rules on data protection and the free movement of data; and |
| 39 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 45, inserted Article 27a TEC (TFEU), relating to customs co-operation; and |
| 40 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 48, amended Article 36 TEU (TFEU), first paragraph, the words "European Parliament and"; |
| (ii) | Article 2, paragraph 49(c), amended Article 37 TEC (TFEU), new paragraph 2, first sentence, the words "The European Parliament and" and the words ", acting in accordance with the ordinary legislative procedure and"; and |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL
LORD PEARSON OF RANNOCH
LORD WILLOUGHBY DE BROKE |
| 41 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 49(c), inserted paragaphs 2 and 3 in Article 37, TEC (TFEU), on implementing and pursuing the objectives of the common agricultural policy and common fisheries policy; and |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 41A* | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 49(c), inserted paragraphs 2 and 3 in Article 37, TEC (TFEU) on implementing and pursuing the objectives of the common agricultural policy and common fisheries policy, unless the Secretary of State has laid a statement before Parliament, setting out his objectives for achieving as soon as possible comprehensive reform of the CAP and the common fisheries policy and his assessment of the level of support for those objectives in the EU, and that those objectives and the timetable for their intended implementation have been approved by affirmative resolution of both Houses of Parliament; and |
| 46 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 65, replacement Article 62 TEC (TFEU), relating to borders and visas; and |
| 46A* | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 65, replacement Article 62 TEC (TFEU), paragraph 1(a), unless the Secretary of State has laid, and undertakes to lay annually thereafter, a statement before Parliament, declaring to what extent he is satisfied with the provision for and effectiveness of the external border controls of each member state of the EU and that the absence or proposed absence of any controls on persons crossing internal borders does not constitute a threat to the security of the United Kingdom and its citizens; and that statement has been approved by affirmative resolution of both Houses of Parliament; and |
| 47 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 65, replacement Article 63 TEC (TFEU), relating to a common policy on asylum; and |
| 47A* | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 65, replacement Article 63 TEC (TFEU), paragraph 2(a), (c), (d) and (g) relating to the status, protection and non-refoulement of third-country nationals, unless and until the Secretary of State has laid a statement before Parliament, explaining why any past objections made by Her Majesty's Government to the inclusions of these provisions in the Treaty no longer apply; and that statement has been approved by affirmative resolution of both Houses of Parliament; and |
| 49 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 65, replacement Article 63a TEC (TFEU) relating to the rights of third-country nationals residing legally in a Member State; and |
| 52 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 65, replacement Article 63b TEC (TFEU), relating to the sharing of responsibility between Member States on policies on border checks, asylum and immigration; and |
| 53 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 66, replacement Article 65 TEC (TFEU), paragraphs 1 and 2, relating to judicial cooperation in civil matters; and |
| 55 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 67, repeal of Article 68 TEC (TFEU), relating to jurisdiction of the European Court of Justice over visas, asylum, immigration and other policies related to free movement of persons; and |
| 56 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 67, inserted Article 69A TEC (TFEU), relating to judicial cooperation in criminal matters; and |
| 57 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 67, inserted Article 69B TEC (TFEU), paragraph 1, second subparagraph, the words "and organised crime" relating to the definition of criminal offences and sanctions; and |
| 58 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 67, inserted Article 69D TEC (TFEU), paragraph 1(a), the words "the initiation of criminal investigations as well as"; and |
| 59 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 67, inserted Article 69E TEC (TFEU), relating to the European Public Prosecutor's Office; and |
| 59A | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 68, inserted Article 69F TEC (TFEU), paragraph 2(a), relating to police cooperation and data; and |
| 60 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 68, inserted Article 69G TEC (TFEU), relating to Europol; and |
| 61 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 68, inserted Article 69G TEC (TFEU), paragraph 2(b), the words "and operational", relating to Europol's field of action and tasks; and |
| 62 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 78, Article 88 TEC (TFEU), inserted paragraph 4, enabling the Commission to adopt regulations relating to the categories of State aid the Council has exempted from the State aid authorisation procedure; and |
| 63 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 83, amendment to Article 96 TEC (TFEU), providing that directives to deal with distortions in competition shall be subject to the ordinary legislative procedure; and |
| 64 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 86, amendment Article 99 TEC (TFEU); and |
| 70 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 147, inserted Article 176A TEC (TFEU), relating to energy; and |
| 71 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 158, inserted Article 188C TEC (TFEU), relating to the common commercial policy; and |
| 72 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 158, inserted Article 188C TEC (TFEU), paragraph 1, the words "and services and the commercial aspects of intellectual property, foreign direct investment"; and |
| | LORD PEARSON OF RANNOCH
LORD STODDART OF SWINDON
LORD WILLOUGHBY DE BROKE |
| 79 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 230, amending Article 246 TEC (TFEU), relating to the Court of Auditors, and |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 80 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 243, inserted Article 254a TEC (TFEU), paragraph 2; |
| (ii) | Article 2, paragraph 282, amended Article 283 TEC (TFEU); and |
| | LORD PEARSON OF RANNOCH
LORD STODDART OF SWINDON
LORD WILLOUGHBY DE BROKE |
| 80A | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 257, amended Article 268 (TFEU), new paragraph 6, relating to countering fraud and other illegal activities affecting the financial interests of the Union; and |
| | LORD PEARSON OF RANNOCH
LORD STODDART OF SWINDON
LORD WILLOUGHBY DE BROKE |
| 83A | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 2, paragraph 289, replacement Article 308 TEC (TFEU) on procedures for authorising action by the Union to attain one of the objectives of the Treaties where the Treaties have not provided the necessary powers; and |
| | LORD WILLOUGHBY DE BROKE
LORD STODDART OF SWINDON
LORD PEARSON OF RANNOCH |
| 84 | Page 1, line 12, after "excluding" insert— |
| "(i) | Annexed Protocol on the role of National Parliaments in the European Union; and |
| | LORD PEARSON OF RANNOCH
LORD STODDART OF SWINDON
LORD WILLOUGHBY DE BROKE |
| 85 | Page 1, line 12, after "excluding" insert— |
| "(i) | Article 7 of the Annexed Protocol on the role of National Parliaments in the European Union, relating to the reports of the Court of Auditors, and |
| 86 | Page 1, line 12, after "excluding" insert— |
| "(i) | Annexed Protocol on the Internal Market and Competition, and |
| | LORD HOWELL OF GUILDFORD
LORD HUNT OF WIRRAL |
| 87 | Page 1, line 12, after "excluding" insert— |
| "(i) | the Protocol on the Application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom— |
| (a) | Preamble, tenth paragraph stating that references in the Protocol to the operation of specific provisions of the Charter are strictly without prejudice to the operation of other provisions of the Charter; and |
| (b) | Preamble, twelfth paragraph, stating that the Protocol is without prejudice to other obligations devolving upon Poland and the United Kingdom under the Treaty on European Union, the Treaty on the Functioning of the European Union, and Union law generally; and |
| 87A | Page 1, line 12, after "excluding", insert— |
| "(i) | the Protocol on the Application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom, Preamble, eleventh paragraph stating that the Protocol is without prejudice to the application of the Charter to other Member States; and |
| 88 | Page 1, line 12, after "excluding" insert— |
| "(i) | Annexed Protocol on the Application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom, Preamble, twelfth paragraph, stating that the Protocol is without prejudice to other obligations devolving upon the UK under Union law; and |
| 89 | Page 1, line 12, after "excluding" insert— |
| "(i) | the words "Title IV of" in Article 1, paragraph 2, of the Annexed Protocol on the Application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom; and |
| 91 | Page 1, line 12, after "excluding" insert— |
| "(i) | Annexed Protocol No. 1 Amending the Protocols Annexed to the Treaty on European Union, to the Treaty, establishing the European Community and/or to the Treaty establishing the European Atomic Energy Community, Article 1, paragraph 20(h), relating to the application to the United Kingdom and Ireland of measures relating to the free movement of persons, services and capital; and |
| 94 | Page 1, line 12, after "excluding" insert— |
| "(i) | any provision that gives Her Majesty's Government authority to agree to pay, or to pay, any financial penalty imposed as a result of a decision by Her Majesty's Government not to opt in, or to opt out of, any provision; and |
| 100 | Page 1, line 12, leave out "any" and insert— |
| "(i) | Article 1, paragraph 47(d), the amendment to Article 28 TEU, paragraph 3, relating to the financing of initatives in the framework of the Common Foreign and Security Policy; and |
| 101 | Page 1, line 12, leave out "any" and insert— |
| "(i) | Article 1, paragraph 49(c), amendments to inserted Article 28A TEU, paragraph 3, relating to Member States making civilian and military capabilities available to the Union for the implementation of the common security and defence policy; and |
| 105 | Page 1, line 13, after second "to" insert— |
| "(i) | extending the use of qualified majority voting in the Council of Ministers and the European Council; and |
| 106 | Page 1, line 13, after second "to" insert— |
| "(i) | the categories and areas of EU competence; and |
| 109 | Page 1, line 13, after second "to" insert— |
| "(i) | the Common Security and Defence Policy; and |
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