Here you can browse the report which was ordered by the House of Commons to be printed 30 October 2013.
Terms of Reference
Summary Table
Table
1 Introduction
The announcement Purpose of this Report Annex and Appendix Table The block opt-out and the Government's Review of the Balance of Competences
The announcement
Purpose of this Report
Annex and Appendix
The block opt-out and the Government's Review of the Balance of Competences
2 Why is there a block opt-out? — the legal regimes before and after the Lisbon Treaty
Which measures are within the scope of the UK's block opt-out?
3 EU police and criminal justice measures within the scope of the UK's block opt-out
Measures intended to influence substantive criminal law Measures affecting national criminal procedures Mutual recognition measures Police cooperation measures EU Agencies International agreements between the EU and third countries
Measures intended to influence substantive criminal law
Measures affecting national criminal procedures
Mutual recognition measures
Police cooperation measures
EU Agencies
International agreements between the EU and third countries
4 Procedures for exercising the block opt-out
Protocol No. 36 on Transitional Provisions The legal and practical implications of exercising the block opt-out How soon can the UK seek to opt back in? How easy will it be for the UK to opt back in? Will transitional arrangements mitigate the risk of legal uncertainty? Will there be financial consequences for the UK if it exercises its block opt-out? Would the UK be able to establish equally effective alternative arrangements?
Protocol No. 36 on Transitional Provisions
The legal and practical implications of exercising the block opt-out
How soon can the UK seek to opt back in?
How easy will it be for the UK to opt back in?
Will transitional arrangements mitigate the risk of legal uncertainty?
Will there be financial consequences for the UK if it exercises its block opt-out?
Would the UK be able to establish equally effective alternative arrangements?
5 The Government's approach to the block opt-out and the information made available to Parliament
Reasons for exercising the block opt-out Measures the Government intends to seek to rejoin The jurisdiction of the Court of Justice Information provided to Parliament to inform our scrutiny of measures subject to the block opt-out Impact Assessments
Reasons for exercising the block opt-out
Measures the Government intends to seek to rejoin
The jurisdiction of the Court of Justice
Information provided to Parliament to inform our scrutiny of measures subject to the block opt-out
Impact Assessments
6 Our assessment of the Government's reasons for rejoining 35 measures: mutual recognition — the European Arrest Warrant
Mutual recognition (41) Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States Outline of instrument Transposition into national law The Government's view Fundamental rights analysis
Mutual recognition
(41) Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States
Outline of instrument
Transposition into national law
The Government's view
Fundamental rights analysis
7 Our assessment of the Government's reasons for rejoining 35 measures: mutual recognition — other instruments
(48) Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence Summary of instrument Transposition into national law The Government's view Fundamental rights analysis (68) Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognitions to confiscation orders Summary of instrument The Government's view Fundamental rights analysis (59) Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties Outline of instrument Transposition into national law The Government's view (83) Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings Outline of instrument Transposition into national law The Government's view (85) Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purposes of their enforcement in the European Union Outline of instrument Transposition into national law The Government's view Fundamental Rights Analysis (92) Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial Outline of the instrument Transposition into national law The Government's view Fundamental Rights Analysis (97) Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions of supervision measures as an alternative to provisional detention The Government's view
(48) Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence
Summary of instrument
(68) Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognitions to confiscation orders
(59) Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties
(83) Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings
(85) Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purposes of their enforcement in the European Union
Fundamental Rights Analysis
(92) Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial
Outline of the instrument
(97) Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions of supervision measures as an alternative to provisional detention
8 Our assessment of the Government's reasons for rejoining 35 measures: measures for the exchange of information
(27) Council Decision 2000/642/JHA of 17 October 2000 concerning arrangements between financial intelligence units of the Member States in respect of exchanging information Outline of instrument The Government's view (69) Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union Summary of instrument Transposition into national law The Government's view Fundamental rights analysis (73) Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or property related to, crime Summary of instrument The Government's view (18) Joint Action 98/700/JHA of 3 December 1998 concerning the setting up of a European Image Archiving System (FADO) Summary of instrument The Government's view Fundamental rights analysis (93) Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (94) Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA Summary of instruments The Government's view Fundamental rights analysis (90) Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters Summary of the instrument Transposition into national law The Government's view (100) Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposes (Customs Information System) * Summary of the instrument The Government's view
(27) Council Decision 2000/642/JHA of 17 October 2000 concerning arrangements between financial intelligence units of the Member States in respect of exchanging information
(69) Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union
(73) Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or property related to, crime
(18) Joint Action 98/700/JHA of 3 December 1998 concerning the setting up of a European Image Archiving System (FADO)
(93) Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States
(94) Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA
Summary of instruments
(90) Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters
Summary of the instrument
(100) Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposes (Customs Information System) *
9 Our assessment of the Government's reasons for rejoining 35 measures: cross-border cooperation measures — networks, contact points, directories
(40) Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes Summary of the instrument The Government's view (37) Council Decision 2002/348/JHA of 25 April 2002 concerning security in connection with football matches with an international dimension (72) Council Decision 2007/412/JHA of 12 June 2007 amending Decision 2002/348/JHA concerning security in connection with football matches with an international dimension Summary of the instruments The Government's view Fundamental rights analysis
(40) Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes
(37) Council Decision 2002/348/JHA of 25 April 2002 concerning security in connection with football matches with an international dimension
(72) Council Decision 2007/412/JHA of 12 June 2007 amending Decision 2002/348/JHA concerning security in connection with football matches with an international dimension
Summary of the instruments
10 Our assessment of the Government's reasons for rejoining 35 measures: cross-border cooperation measures — other
(13) Joint Action 97/827/JHA of 5 December 1997 establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organized crime Summary of the instrument The Government's view (67) Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA Summary of the instrument Revision of the instrument The Government's view (23) Council Decision 2000/375/JHA to combat child pornography on the internet Summary of instrument The Government's view (81) Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations Summary of the instrument The Government's view Fundamental rights analysis (26) Council Decision 2000/641/JHA of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention) Summary of the instrument The Government's view (110) Convention implementing the Schengen Agreement of 1985: Articles 39 (to the extent that that this provision has not been replaced by Council Framework Decision 2006/960/JHA), 40, 42 and 43 (to the extent that they relate to article 40), 44, 46, 47 (except (2)(c) and (4)), 48, 49(b) - (f), 51, 54, 55, 56, 57, 58, 71, 72, 126, 127, 128, 129, 130, Final Act - Declaration No. 3 (concerning article 71(2)) (120) Council Decision 2000/586/JHA of 28 September 2000 establishing a procedure for amending Articles 40(4) and (5), 41(7) and 65(2) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders (121) Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders Summary of the instruments Transposition into national law The Government's view (115) SCH/Com-ex (98)52 on the Handbook on cross-border police cooperation Summary of the instrument The Government's view (128) Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) Summary of the instrument The Government's view (95) Council Decision 2009/371/JHA establishing the European Police Office (Europol) Summary of the instrument Revision of the instrument The Government's view Fundamental rights analysis (35) Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (77) Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (136) Council Decision 2003/659/JHA amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime Revision of the instrument The Government's view Fundamental rights analysis (38) Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams Summary of the instrument Transposition into national law The Government's view Fundamental rights analysis (14) Council Act of 18 December 1997 drawing up the Convention on mutual assistance and co-operation between customs administrations ('Naples II') Transposition into national law The Government's view Fundamental rights analysis
(13) Joint Action 97/827/JHA of 5 December 1997 establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organized crime
(67) Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA
Revision of the instrument
(23) Council Decision 2000/375/JHA to combat child pornography on the internet
(81) Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations
(26) Council Decision 2000/641/JHA of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention)
(110) Convention implementing the Schengen Agreement of 1985: Articles 39 (to the extent that that this provision has not been replaced by Council Framework Decision 2006/960/JHA), 40, 42 and 43 (to the extent that they relate to article 40), 44, 46, 47 (except (2)(c) and (4)), 48, 49(b) - (f), 51, 54, 55, 56, 57, 58, 71, 72, 126, 127, 128, 129, 130, Final Act - Declaration No. 3 (concerning article 71(2))
(120) Council Decision 2000/586/JHA of 28 September 2000 establishing a procedure for amending Articles 40(4) and (5), 41(7) and 65(2) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders
(121) Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders
(115) SCH/Com-ex (98)52 on the Handbook on cross-border police cooperation
(128) Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II)
(95) Council Decision 2009/371/JHA establishing the European Police Office (Europol)
(35) Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime
(77) Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime
(136) Council Decision 2003/659/JHA amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime
(38) Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams
(14) Council Act of 18 December 1997 drawing up the Convention on mutual assistance and co-operation between customs administrations ('Naples II')
11 Our assessment of the measures that the Government does not intend to rejoin
12 Measures which are not in force or are defunct
13 Measures in which continuing UK participation is not required
14 Measures which are likely to be superseded by a subsequent (post-Lisbon) instrument
15 Measures which present a significant risk of infraction
16 Measures which the Government does not intend to rejoin as a matter of policy or principle
Mutual recognition measures Measures for the exchange of information Cross-border cooperation measures Networks, Contact Points and Directories Other types of cross-border cooperation EU/Third country agreements
Measures for the exchange of information
Cross-border cooperation measures
Networks, Contact Points and Directories
Other types of cross-border cooperation
EU/Third country agreements
17 Our main conclusions and recommendations for the debate and vote in the House of Commons
Balance of competences review Engagement with Parliament Principle, policy and pragmatism Cooperation not control Bringing back powers The 35 measures The debate and vote in the House of Commons
Balance of competences review
Engagement with Parliament
Principle, policy and pragmatism
Cooperation not control
Bringing back powers
The 35 measures
The debate and vote in the House of Commons
Annex — UK opt-ins to post-Lisbon EU criminal law and policing measures
Measures which have been adopted with UK participation Measures under negotiation which the UK has opted into Measures under negotiation which the Government may consider opting into after their adoption
Measures which have been adopted with UK participation
Measures under negotiation which the UK has opted into
Measures under negotiation which the Government may consider opting into after their adoption
Appendix — Article 10 of the Protocol on Transitional Provisions
Article 10
Formal minutes
