European Scrutiny CommitteeSupplementary written evidence from the Foreign and Commonwealth Office (ESI 21)

I am writing in relation to further information you requested during the Scrutiny and Croatia evidence session on 4 July, regarding the last three first reading deals agreed at Council. The information below outlines the times of negotiations for three first reading deals agreed at the Employment, Social Policy, Health and Consumer Affairs (EPSCO) Council on 20–21 June.

Accounting Directive

Proposal for a Directive of the European Parliament and of the Council on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings.

27 October 2011: The Commission transmits the proposal to the Council.

3 November 2011: The Council Secretariat circulates the proposal.

7 November 2011: The proposal 16250/11, COM(11) 684 was deposited in Parliament.

30 November 2011: BIS EM submitted to Parliament.

20 December 2011: The ESC reported and recommended the proposal for debate (report 50, 10/12).

6 February 2012: The Directive is debated in European Committee C.

30 July 2012: BIS Minister updates the Scrutiny Committees about the Council general approach which met UK negotiating aims.

17 October 2012: ESC Chair letter thanking the Minister for the update.

26 October 2012: Coreper (pre-trilogue, secured opening negotiating brief on basis of June’s general approach).

7 November 2012: First informal trilogue.

29 January 2013: Additional working group called by Irish Presidency.

24 May 2013: Expert jurist/linguist meeting.

12 June 2013: EP vote to adopt.

20 June 2013: Council vote. First reading deal agreed at EPSCO.

11 July 2013: Minister updates the Scrutiny Committees on the final outcome.

Credit Requirements Regulation

25 July 2011: The Commission transmits the proposal to the Council.

27 July 2011: The Council Secretariat circulates the proposal.

29 July 2011: Proposal 13284/11, COM(11) 452 was deposited in Parliament.

5 September 2011: HMT EM submitted to Parliament.

3 October 2011: HMT Ministerial letter to the Scrutiny Committees with Impact Assessment.

12 October 2011: ESC report; not cleared (report 42, 10–12); Subsidiarity Reasoned Opinion debate recommended.

8 November 2011: Reasoned Opinion debate.

13 February 2012: HMT Minister updates the Scrutiny Committees on negotiations towards a general approach.

22 February 2012: ESC recommends a debate (report 56, 10–12).

5 March 2012: HMT Minister updates the Scrutiny Committees that Council consideration is postponed.

7 March 2012: ESC Chair letter noting debate not now needed before 13 March Council but must be held before Council decision.

14 March 2012: European Committee B debate.

20 March 2012: Agreement was reached on CRD 4 at Coreper, despite the UK signalling that it could not support the agreement.

21 March 2012: Agreement was confirmed at ECOFIN where the UK again signalled that it could not support the agreement.

Working groups continued following agreement at ECOFIN.

Prior to being formally agreed, CRD 4 went through the jurist linguist process.

15 April 2013: HMT updates the Scrutiny Committees on the final outcome which the UK is unable to support when it will be agreed in May or June.

19 April 2013: The EP voted on CRD 4 at their plenary.

24 April 2013: ESC Chair reply noting final outcome.

20 June 2013: CRD 4 was formally agreed (first reading deal) at EPSCO. The UK laid a minute statement stating that it could not support either the Directive or the Regulation.

Schengen Amending Regulation

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No. 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) and the Convention implementing the Schengen Agreement.

10 March 2011: The Commission transmitted the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No. 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) and the Convention implementing the Schengen Agreement as set out in document 7661/11.

11 March 2011: Council Secretariat circulates the proposal.

15 March 2011: The proposal 7661/11, COM(11) 4532 is deposited in Parliament.

23 March 2011: Home Office EM is submitted to Parliament; UK does not participate in the Regulation.

27 April 2011: The ESC reports and cleared as not politically or legally important (report 26, 10–12).

8 June, 6 July, 15 September, 13 October, 18 November, 15 December 2011 and 25 January and 23 February 2012: The proposal was examined by the Working Party on Frontiers/Mixed Committee at the meetings.

1 December 2011: The proposal was examined by the Strategic Committee on Immigration, Frontiers and Asylum (SCIFA).

23 March, 13 April, 24 May and 13 June 2012: The proposal was examined by JHA Counsellors.

4 April 2012: Coreper agreed a Presidency compromise text set out in document 8264/12FRONT 50 CODEC 853 COMIX 199 to start negotiations with the European Parliament with a view to reaching a first reading agreement.

24 April, 15 May and 4 June 2012: The Presidency met the EP rapporteur and representatives of the Commission.

13 June 2012: The Presidency submitted to the Group of JHA Counsellors the outcome of the negotiations with the EP rapporteur as set out in the four-column table in doc. 10911/12 FRONT 89 CODEC 1562 COMIX 362. The Presidency concluded that a large majority of delegations supported the text of the draft Regulation as agreed with the EP rapporteur.

19 December 2012: The proposal went to Coreper for endorsement of the text before it was voted on in LIBE.

20–21 June 2013: A first reading deal was agreed by Ministers at the EPSCO Council.

I hope this provides the information you were seeking.

24 July 2013