§ Mr. MitchellTo ask the Secretary of State for Foreign and Commonwealth Affairs if he will list those topics to which subsidiarity cannot apply, being wholly within the sole competence of the European Union. [81430]
§ Ms QuinThere are two topics which are solely within the competence of the European Community by virtue of the Community Treaties, and to which subsidiarity is therefore not applicable. These are: (a)the Common Commercial Policy; and (b)the Common Fisheries Policy insofar as it relates to conservation of marine resources.
The Community may also acquire implied exclusive competence by enacting legislation which restricts the ability of Member States to act in a particular area as long as that legislation is in force. Examples of such areas are parts of the Single Market and the Common Agricultural Policy. However, before enacting this legislation, the Community would, since entry into force of the Maastricht Treaty, have had to take subsidiarity concerns into account.