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EU: Article 308

Volume 691: debated on Monday 16 April 2007

asked Her Majesty’s Government:

On what grounds Baroness Scotland of Asthal stated on 15 March (Official Report, cols. 826-28) that “the provision (Article 308) can be used only within the Community’s competence”, bearing in mind that the European Union’s communication on its programme “Prevention, Preparedness and Consequence Management of Terrorism” relies on Article 308 because there is no legal basis for the initiative in the treaty of Nice. [HL2795]

Article 308 can be used only for the attainment of an objective attributed to the Community by member states in the treaty establishing the European Community (TEC). Civil protection is cited as a Community objective under Article 3(1)(u) of the TEC. During the course of negotiating the specific programme “Prevention, Preparedness and Consequence Management of Terrorism and other Security-related Risks”, the UK secured a number of amendments to ensure that the programme was linked to Community competence in this area.

asked Her Majesty's Government:

Further to the Written Answer by Lord Triesman on 15 March (WA 151), whether Article 308 of the Treaty Establishing the European Community first appeared in the 1957 Treaty of Rome as Article 235; and, if so, what was its purpose at that time. [HL2927]

Article 235 of the original Treaty of Rome is the same as Article 308 of the present treaty establishing the European Community. The European Court of Justice gave the following explanation of Article 235 in Opinion 2/94 of 28 March 1996 (paragraph 29): “Article 235 is designed to fill the gap where no specific provisions of the Treaty confer on the Community institutions express or implied powers to act, if such powers appear nonetheless to be necessary to enable the Community to carry out its functions with a view to attaining one of the objectives laid down by the Treaty”.

asked Her Majesty's Government:

Further to the Written Answer by Lord Triesman on 15 March (WA 151), whether they will reveal which legal instruments passed since 2004 rely on Article 308 of the Treaty Establishing the European Community as their legal base. [HL2928]

A list of legal instruments passed since 2004 which rely on Article 308 will be placed in the Library of the House.