European Union (Amendment) Act 2008

The Treaty of Lisbon

1

In this Act “the Treaty of Lisbon” means the Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community signed at Lisbon on 13th December 2007.

Addition to list of treaties

2

At the end of the list of treaties in section 1(2) of the European Communities Act 1972 (c. 68) add—

; and (s) the Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community signed at Lisbon on 13th December 2007 (together with its Annex and protocols), excluding any provision that relates to, or in so far as it relates to or could be applied in relation to, the Common Foreign and Security Policy;

.

Changes of terminology

3

• (1) In section 1(2) of the European Communities Act 1972 (interpretation) before the definition of “the Communities” insert—

“the EU” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7th February 1992 (as amended by any later Treaty),

.

• (2) A reference to the EU in an Act or an instrument made under an Act includes, if and in so far as the context permits or requires, a reference to the European Atomic Energy Community.

• (3) The Table in the Schedule to this Act sets out substitutions required to reflect terminology after the commencement of the Treaty of Lisbon.

• (4) The Secretary of State or the Treasury may by order make other amendments of Acts or instruments made under Acts to reflect changes in terminology or numbering arising out of the Treaty of Lisbon.

• (5) An order under subsection (4)—

• (a) may include incidental provision,

• (b) shall be made by statutory instrument, and

• (c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) In an Act or instrument made under an Act a reference to all or any of the Communities shall, in the application of the enactment or instrument after the passing of this Act, be treated as being or including (as the context requires) a reference to the EU.

Increase of powers of European Parliament

4

The Treaty of Lisbon is approved for the purposes of section 12 of the European Parliamentary Elections Act 2002 (c. 24) (Parliamentary approval of treaties increasing the European Parliament's powers).

Amendment of founding treaties

5

• (1) A treaty which satisfies the following conditions may not be ratified unless approved by Act of Parliament.

• (2) Condition 1 is that the treaty amends the Treaty establishing the European Atomic Energy Community (signed at Rome on 25th March 1957).

• (3) Condition 2 is that the treaty results from the application of Article 48(2) to (5) of the Treaty on European Union (as amended by the Treaty of Lisbon) (Ordinary Revision Procedure for amendment of founding Treaties, including amendments affecting EU competence).

Parliamentary control of decisions

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short title

7

This Act may be cited as the European Union (Amendment) Act 2008.

Commencement

8

• (1) Section 3 (and the Schedule) come into force in accordance with provision made by the Secretary of State by order made by statutory instrument.

• (2) An order under subsection (1)—

• (a) may make provision generally or for specified purposes only,

• (b) may make different provision for different purposes, and

• (c) may include incidental, transitional and consequential provision.

• (3) The other provisions of this Act come into force on Royal Assent.

SCHEDULE

Part 1 — European Communities Act 1972

Part 2 — Interpretation Act 1978

Addition to list of treaties

Increase of powers of European Parliament

“ the EU Treaties ”

“ any other treaty entered into by the EU (except in so far as it relates to, or could be applied in relation to, the Common Foreign and Security Policy) ”

“ the EU Treaties ”

“enforceable EU right”

“ EU obligation ”

“ objects of the EU ”

“ EU obligation ”

“ the EU or a member State ”

“ EU instruments ”

“ EU instrument ”

“ the European Court ”

“ the European Court ”

“ Official Journal of the European Union ”

“ the EU ”

“ EU institution ”

“ EU institution ”

“ the European Court ”

“ EU instrument ”

“ EU obligations ”

“ EU customs duty ”

“ EU ”

“ EU provision ”

“ EU arrangements ”

“ EU ”

“ EU provision ”

“ EU ”

“ EU customs duties ”

“ EU arrangements ”

“ EU arrangements ”

“ EU offences ”

“ the European Court ”

“ EU ”

“ EU obligation ”

“ EU institution ”

“ EU ”

“EU customs duty”

“ EU provision ”

“EU institution” means any institution of the EU. ”

“EU instrument”

“ issued by an EU institution ”

“EU obligation”

“ enforceable EU obligation ”

“Enforceable EU right”

“European Court” means the Court of Justice of the European Union. ”

“ membership of the EU ”

“ EU instrument ”

“ EU obligation ”

“ EU instruments ”

“ EU instrument ”

“ “ The EU ” or “ the EU Treaties ”” (to be substituted in the appropriate place in the Schedule)

Editorial notes

[^c2034513]: S. 8(1)(2) power fully exercised: 1.12.2009 appointed for specified provisions by {S.I. 2009/3143}, art. 2

[^key-d1eafa533fe1a8382ff11649b6f31ee3]: Words in s. 5 substituted (19.8.2011) by European Union Act 2011 (c. 12), ss. 14(1)(b), 21; S.I. 2011/1984, art. 2

[^key-099ccd2aad1180d4a381e29931412adc]: Words in s. 5(2) substituted (19.8.2011) by European Union Act 2011 (c. 12), ss. 14(1)(a), 21; S.I. 2011/1984, art. 2

[^key-358d41bd060163f09d01c34026ed26ea]: S. 6 repealed (19.8.2011) by European Union Act 2011 (c. 12), ss. 14(3)(d), 21; S.I. 2011/1984, art. 2