APPENDIX 2: SCRUTINY RESERVE RESOLUTION
6 December 1999
(1) No Minister of the Crown should give agreement
in the Council to any proposal for European Community legislation
or for a common strategy, joint action or common position under
Title V or a common position, framework decision, decision or
convention under Title VI of the Treaty on European Union—
(a) Which is still subject to scrutiny (that
is, on which the European Union Committee has not completed its
scrutiny); and
(b) On which the European Union Committee has
made a report to the House for debate, but on which the debate
has not yet taken place.
(2) In this Resolution, any reference to agreement
to a proposal includes—
(a) Agreement to a programme, plan or recommendation
for European Community legislation;
(b) Political agreement;
(c) In the case of a proposal on which the Council
acts in accordance with the procedure referred to in Article 251
of the treaty establishing the European Community (co-decision),
agreement to a common position, to an act in the form of a common
position incorporating amendments proposed by the European Parliament,
and to a joint text; and
(d) In the case of a proposal on which the Council
acts in accordance with the procedure referred to in Article 252
of the treaty establishing the European Community (co-operation),
agreement to a common position.
(3) The Minister concerned may, however, give
agreement to a proposal which is still subject to scrutiny or
which is awaiting debate in the House—
(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 the holding of the debate.
(4) The Minister concerned may also give agreement
to a proposal which is still subject to scrutiny or awaiting debate
in the House if he decides that for special reasons agreement
should be given; but he should explain his reasons—
(a) In every such case, to the European Union
Committee at the first opportunity after reaching his decision;
and
(b) In the case of a proposal awaiting debate
in the House, to the House at the opening of the debate on the
Committee's report.
(5) In relation to any proposal which requires
adoption by unanimity, abstention shall, for the purposes of paragraph
(4), be treated as giving agreement.
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