The European Communities (Definition of Treaties) (Agreement on Enlargement of the European Economic Area) Order 2008

Statutory Instruments

2008 No. 297

european communities

The European Communities (Definition of Treaties) (Agreement on Enlargement of the European Economic Area) Order 2008

Made

12th February 2008

Coming into force in accordance with Article 1

At the Court at Buckingham Palace, the 12th day of February 2008

Present,

The Queen’s Most Excellent Majesty in Council

In accordance with section 1 of the European Communities Act 1972(1) a draft of this Order was laid before, and approved by a resolution of, each House of Parliament.

Accordingly, Her Majesty, in exercise of the powers conferred 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:

Citation and Commencement

1.—(1) This Order may be cited as the European Communities (Definition of Treaties) (Agreement on Enlargement of the European Economic Area) Order 2008.

(2) This Order shall come into force on the date on which the treaty specified in the Schedule enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.

Specification as Community Treaty

2.  The Treaty specified in the Schedule is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.

Judith Simpson

Clerk of the Privy Council

SCHEDULE

The Agreement on the Participation of the Republic of Bulgaria and Romania in the European Economic Area, signed in Brussels on 25th July 2007(2).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order declares the Agreement on the Participation of the Republic of Bulgaria and Romania in the European Economic Area, signed on 25th July 2007, to be a Community Treaty as defined in section 1(2) of the European Communities Act 1972.

By Article 6(6) of the Act of Accession annexed to the Treaty of Accession to the European Union signed at Luxembourg on 25th April 2005, the Republic of Bulgaria and Romania undertook to accede to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992. The Agreement extended the internal market to Iceland, Liechtenstein and Norway and provided in Article 128 that any European States becoming members of the European Union must also apply to become Parties to the EEA Agreement. The present Agreement achieves this in respect of the Republic of Bulgaria and Romania.

The principal effect of declaring this Agreement to be a Community Treaty as so defined is that the provisions of section 2 of the European Communities Act 1972 (which provide for the general implementation of Community Treaties) apply to it.

A full Regulatory Impact Assessment has not been produced for this instrument as it has no impact on the costs of business, charities or voluntary bodies.

(1)

1972 c.68.

(2)

Cm 7240