§ Lord Tebbitasked Her Majesty's Government:
Whether they will set out the mechanism by which they ensure that penalties imposed both on governmental and on non-governmental organisations under the law of the European Union are not evaded.
§ Baroness Chalker of WallaseyLegislation is adopted under the treaties establishing the European Communities. The European Union cannot legislate. I refer my noble friend to the provisions of Article 192 of the treaty establishing the European Community, Article 92 of the European Coal and Steel Community (ECSC) Treaty and Article 164 of the EURATOM Treaty which provide for Council and Commission decisions which impose financial penalties to be enforceable in member states. In the United Kingdom, the European Communities (Enforcement of Community Judgments) Order, (S.I. 1972 No. 1590) enables Commission and Council decisions imposing fines to be registered in the High Court or the Courts of Session in Scotland and enforced in the same way as if they were judgments or orders of those courts. With regard to penalties under the common agricultural policy, these would be deducted from payments or pursued through civil action in the courts, as appropriate.