Written question asked by Lord Pearson of Rannoch (UK Independence Party), in the House of Lords. It was answered by Baroness Scotland of Asthal (Labour) on Monday, 16 April 2007.

EU: Article 308

Question: On what grounds Baroness Scotland of Asthal stated on 15 March (Official Report, cols. 826-28) that ““the provision (Article 308) can be used only within the Community’s competence””, bearing in mind that the European Union’s communication on its programme ““Prevention, Preparedness and Consequence Management of Terrorism”” relies on Article 308 because there is no legal basis for the initiative in the treaty of Nice.

Answer: Article 308 can be used only for the attainment of an objective attributed to the Community by member states in the treaty establishing the European Community (TEC). Civil protection is cited as a Community objective under Article 3(1)(u) of the TEC. During the course of negotiating the specific programme ““Prevention, Preparedness and Consequence Management of Terrorism and other Security-related Risks””, the UK secured a number of amendments to ensure that the programme was linked to Community competence in this area.

Secondary information

Type: Written question
Reference: 2795; 691 c14-5WA
Session: 2006-07
Related items: EU: Article 308
Thursday, 15 March 2007
Oral questions
House of Lords; EU: Article 308
Tuesday, 1 May 2007
Written questions
House of Lords
Subjects: EU law European Union Legislative competence Terrorism
Link: View this Written question on www.publications.parliament.uk