European Communities (Amendment) Act 2002

2002 CHAPTER 3

An Act to make provision consequential on the Treaty signed at Nice on 26th February 2001 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts.

[26th February 2002]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Incorporation of provisions of the Treaty of Nice

(1) In section 1(2) of the European Communities Act 1972 (c. 68), in the definition of “the Treaties” and “the Community Treaties”, after paragraph (o) there shall be inserted “and

(p) the following provisions of the Treaty signed at Nice on 26th February 2001 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts—

(i) Articles 2 to 10, and

(ii) the other provisions of the Treaty so far as they relate to those Articles,

and the Protocols adopted on that occasion;”.

(2) Her Majesty may by Order in Council amend the definition referred to in subsection (1) so as to add to it provisions adopted by the Council of the European Communities under Article 229a of the Treaty establishing the European Community (provisions conferring jurisdiction on the European Court in connection with Community industrial property rights).

(3) No recommendation may be made to Her Majesty to make an Order in Council under subsection (2) unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament.

2 References to the European Court etc

In Part 2 of Schedule 1 to the European Communities Act 1972 (c. 68) (definitions relating to Communities), at the end of the definition of “European Court” there shall be added “or the Court of First Instance, and any reference to a court attached to the European Court is a reference to a judicial panel attached to the Court of First Instance”.

3 Approval of increase in powers of European Parliament

For the purpose of section 6 of the European Parliamentary Elections Act 1978 (c. 10) (approval of treaties increasing the Parliament’s powers) the Treaty signed at Nice on 26th February 2001 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts is approved.

4 Short title

This Act may be cited as the European Communities (Amendment) Act 2002.