The European Union (Definition of Treaties) (Framework Agreement) (Australia) Order 2018

Draft Order in Council laid before Parliament under section 1(3) of the European Communities Act 1972, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2018 No. 0000

European Union

The European Union (Definition of Treaties) (Framework Agreement) (Australia) Order 2018

Made

***

Coming into force in accordance with article 2

At the Court at Buckingham Palace, the *** day of *** 2018

Present,

The Queen’s Most Excellent Majesty in Council

A draft of this Order has been laid before Parliament in accordance with section 1(3) of the European Communities Act 1972(1) and has been approved by resolution of each House of Parliament.

Accordingly, Her Majesty, in exercise of the powers conferred on Her by section 1(3) of the European Communities Act 1972, is pleased, by and with the advice of Her Privy Council, to order as follows:

1.  This Order may be cited as the European Union (Definition of Treaties) (Framework Agreement) (Australia) Order 2018.

2.  This Order comes into force on the date on which the treaty specified in article 3 enters into force for the United Kingdom(2).

3.  The Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part, signed at Manila on 7th August 2017(3) is to be regarded as an EU Treaty as defined in section 1(2) of the European Communities Act 1972(4).

Name

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order declares the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part, signed at Manila on 7th August 2017 (the Agreement), to be an EU Treaty as defined in section 1(2) of the European Communities Act 1972.

The Agreement provides a legal framework to consolidate and strengthen cooperation between the European Union, its Member States and Australia in a range of sectors of mutual interest, including: promoting democratic principles and respect for human rights, countering the proliferation of weapons of mass destruction, combating illicit trade of small arms and light weapons, taking measures against the most serious crimes of concern to the international community, and combating terrorism.

The principal effect of declaring the Agreement to be an EU Treaty is that the provisions of section 2 of the European Communities Act 1972 (which provide for implementation of treaties specified in orders made under section 1(3) of that Act) apply to it.

A Regulatory Impact Assessment has not been carried out for this Order as there is a negligible impact on the costs to UK business, charities and voluntary bodies.

(1)

1972 c. 68; section 1(3) was amended by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

(2)

It will be possible to find out the date on which the treaty enters into force for the United Kingdom by referring to the relevant page on UK Treaties Online which can be found at this link: https://www.gov.uk/uk-treaties .

(3)

Cm 9584.

(4)

Section 1(2) was amended by: section 3(1) and (3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008; section 15(2) of the European Union Act 2011 (c. 12); section 3 of the European Union (Croatian Accession and Irish Protocol) Act 2013 (c. 5); and section 1(2) of the European Union (Finance) Act 2015 (c. 32). There are other amending instruments but none are relevant.