10 UK participation in the Schengen acquis
(20460)
11177/99
| Draft Council Decision on the request by the United Kingdom to take part in some of the provisions of the Schengen acquis
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Legal base | Article 4 of the Protocol integrating the Schengen acquis into the framework of the EU; ; unanimity of participating States
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Department | Home Office |
Basis of consideration | Minister's letter of 27 January 2005
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Previous Committee Report | HC 23-ii (1999-2000), para 13 (1 December 1999) and HC 23-xviii (1999-2000), para 11 (17 May 2000)
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Committee's assessment | Politically important
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Committee's decision | Cleared (decision reported 1 December 1999)
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Background
10.1 In 1997, the Treaty of Amsterdam added a Protocol to the
EU and the EC Treaties integrating the Schengen acquis
into the framework of the Union and the Community. The Schengen
acquis is the agreements between the participating States
on the removal of controls at their internal borders, the strengthening
of controls at their external borders, and supporting measures.
The United Kingdom is not bound by the acquis, but Article
4 of the Protocol provides that it may at any time apply to take
part in some or all of the provisions of the acquis. Any
such request is subject to the unanimous agreement of the participating
Member States and the United Kingdom. The current participating
States are the countries (with the exception of the United Kingdom
and Ireland) which were Members of the EU before 1 May 2004, plus
Iceland and Norway.
Scrutiny history
10.2 In 1999, the United Kingdom applied to take part in the provisions
of the Schengen acquis on:
- police cooperation;
- judicial cooperation;
- trafficking in human beings and illicit drugs;
- the Schengen Information System; and
- the protection of personal data.
But the United Kingdom would retain control of its
own borders and would not be bound by the Schengen provisions
on border controls and visas.
10.3 The participating States agreed the United Kingdom's
application. After detailed scrutiny of the consequent draft Council
Decision, a previous Committee cleared the proposal.[32]
10.4 In May 2000, the Council formally adopted the
Decision.[33] But the
Decision could not come into effect until the United Kingdom had
passed legislation to implement all the acquis in which
it had applied to participate and there had been an evaluation
of the United Kingdom's police and judicial authorities.
The Minister's letter of 27 January 2005
10.5 The Minister tells us that:
- the Crime (International Cooperation)
Act 2003 provides the necessary legislative base for implementation
of the acquis;
- the evaluation of the police and judicial authorities
has been completed successfully; and
- the Council adopted a Decision in December 2004
to bring the Decision of May 2000 into effect from 1 January 2005.
10.6 The Minister also tells us that, due to an oversight,
the draft of the Council Decision of December 2004 was not deposited
for scrutiny. She says that she takes very seriously her responsibilities
to Parliament for the scrutiny of EU documents and she apologises
for the lapse in this case. She has asked her Department to make
arrangements to ensure that a similar mistake is not made in future.
Conclusion
10.7 A previous Committee cleared the Decision
of May 2000 containing the substantive provisions for the application
to the United Kingdom of the Schengen acquis which do
not relate to visas and the control of the borders of the United
Kingdom. The function of the Decision of December 2004 was to
bring the earlier Decision into effect from 1 January 2005. Because
of the importance of the acquis concerned, we draw the
attention of the House to the commencement of the provisions.
10.8 Clearly, the draft of the Decision of 2004
should have been deposited for scrutiny in the proper way. We
take a serious view of any breach of the scrutiny requirements.
In this case, however, we are satisfied that the breach has not
deprived the House of adequate opportunities to scrutinise the
substance of the application of the Schengen acquis to
this country, bearing in mind the previous Committee's scrutiny
of the proposal for the Decision of May 2000 and Parliament's
detailed consideration of the Crime (International Cooperation)
Act 2003. We accept the Minister's apology for the breach of
the scrutiny requirements and we look to her to ensure that there
is no repetition of the error by her Department.
32 See headnote. Back
33
Council Decision 2000/365/EC: OJ No. L 131, 1.6.2000, p.43. Back
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