Restrictions relating to a decision to add new EU acts

1 A Minister of the Crown must not agree to the adoption of a decision by the Joint Committee to add a new EU act to the relevant annex in accordance with Article 13(4) of the Framework unless the Assembly has indicated support for the application of that EU act by passing an applicability motion. 2 But the Minister of the Crown may agree to the adoption of such a decision if the Minister considers that— a there are exceptional circumstances that justify the adoption of the decision in the absence of an applicability motion having been passed, or b the new EU act would not create a new regulatory border between Great Britain and Northern Ireland. 3 Before proceeding under sub-paragraph (2), the Minister of the Crown must make a statement to Parliament explaining why the Minister is of the opinion that the condition in either sub-paragraph (2)(a) or (2)(b) is met. 4 Sub-paragraph (1) does not apply to a new EU act which was the subject of any European Commission proposal of 27 February 2023 relating to the Framework. 5 In this paragraph— “ exceptional circumstances ” includes circumstances in which the Assembly has, as its first business, failed to elect from among its members a Presiding Officer and deputies or there is no First Minister and deputy First Minister in office, and “ a new regulatory border ” means regulatory requirements relating to the movement of goods that would— materially divert trade, or materially impair the free flow of goods.