European Union Act 2011

8 Decisions under Article 352 of TFEU

(1) A Minister of the Crown may not vote in favour of or otherwise support an Article 352 decision unless one of subsections (3) to (5) is complied with in relation to the draft decision.

(2) An Article 352 decision is a decision under the provision of Article 352 of TFEU that permits the adoption of measures to attain one of the objectives set out in the EU Treaties (but for which those Treaties have not provided the necessary powers).

(3) This subsection is complied with if a draft decision is approved by Act of Parliament.

(4) This subsection is complied with if—

(a) in each House of Parliament a Minister of the Crown moves a motion that the House approves Her Majesty’s Government’s intention to support a specified draft decision and is of the opinion that the measure to which it relates is required as a matter of urgency, and

(b) each House agrees to the motion without amendment.

(5) This subsection is complied with if a Minister of the Crown has laid before Parliament a statement specifying a draft decision and stating that in the opinion of the Minister the decision relates only to one or more exempt purposes.

(6) The exempt purposes are—

(a) to make provision equivalent to that made by a measure previously adopted under Article 352 of TFEU, other than an excepted measure;

(b) to prolong or renew a measure previously adopted under that Article, other than an excepted measure;

(c) to extend a measure previously adopted under that Article to another member State or other country;

(d) to repeal existing measures adopted under that Article;

(e) to consolidate existing measures adopted under that Article without any change of substance.

(7) In subsection (6)(a) and (b), “excepted measure” means a measure adopted after the commencement of this section and resulting from a decision in relation to which a Minister of the Crown had relied on compliance with subsection (4).