Lord Callanan, Minister of State for Exiting the European Union, has made the following statement:
I confirm that an exemption in accordance with Section 8(5) of the European Union Act 2011 (EU Act 2011) applies to the European Commission’s proposal for a Council regulation amending Regulation (EU) No 216/2013 (COM(2017)87). The proposed regulation refers to the electronic publication of the Official Journal of the European Union.
The purpose of the proposed amendment is to introduce the authentication of a document by an electronic seal. This option is offered by Regulation No 910/2014. This proposed amendment is purely technical and there are no policy implications for the UK. The legislative change is needed as the change in electronic seal alters the legal status in the publication.
The legal base of the proposal is Article 352 Treaty on the Functioning of the European Union (TFEU). Under Section 8 of the EU Act 2011, decisions under this require an Act of Parliament to approve the measure, unless both Houses agree to a motion that a decision is urgent or an exemption applies.
In this case Section 8(6)(a) of the EU Act 2011 provides an exemption to make provision equivalent to that made by a measure previously adopted under Article 352 TFEU. The proposal is to make a provision equivalent to that made by Council Regulation (EU) No. 216/2013, which was previously adopted under Article 352 TFEU on 7 March 2013. This proposal has the same substance matter. It relates to the electronic authentication of the Official Journal. As such, all that has altered is the specific form the authentication is to take. Therefore this proposal does not require an Act of Parliament for the UK to approve the measure.