HC Deb 21 May 1992 vol 208 c218W
Mr. Allen

To ask the Prime Minister if he will list the sections of the Maastricht treaty which are subject to declarations or protocols concerning particular member states, and the other provisions of the treaty which do not apply to all member states, giving the names of the member states concerned in each case.

The Prime Minister

On entry into force, all the provisions of the Maastricht treaty on European union will apply to all member states, subject to relevant protocols concerning individual member states detailed below. The protocols agreed at Maastricht will become an integral part of the treaty of Rome under article 239 and will have equal legal force. Those referring to particular member states are as follows. The protocol on "the acquisition of property in Denmark" and the protocol "annexed to the Treaty of European Union and to the Treaties establishing the European Communities" relate to Denmark and Ireland respectively: the first applies to all provisions of the EC Treaties, the second to these and the provisions of the Treaty on European Union. The protocols on "Denmark", "certain provisions relating to the United Kingdom", and "certain provisions relating to Denmark" all make clear the treaty articles to which they refer. The protocols on "Portugal" and "France" are designed to preserve the interest-free credit facility afforded to the Azores and Maderia by the Banco de Portugal and France's privilege of monetary emission in its overseas territories and sole entitlement to determine the parity of the CFP franc.

Acts adopted under the protocol and social policy expressely shall not apply to the United Kingdom.

The declarations agreed by the member states and adopted at the time of signature of the treaty are not part of the treaty and do not have that legal status. Two refer to the positions of named member states, that on "monetary relations with the Republics of San Marino, the Vatican City and the Principality of Monaco" (France and Italy) and that on "the Directive of 24 November 1988 (Emissions)" (Spain and Portugal).