Select Committee on European Union Progress of Scrutiny Sixth Report


SUB-COMMITTEE E

LAW AND INSTITUTIONS

MEMBERSHIP: Chairman: Lord Brown of Eaton-under-Heywood

Lord Goodhart, Lord Neill of Bladen

Co-opted Members:

Lord Borrie, Lord Clinton-Davis, Lord Grabiner, Lord Henley, Lord Lester of Herne Hill, Lord Lucas of Crudwell and Dingwall, Lord Norton of Louth.

(For further information please contact the Clerk, Sarah Price 020 7219 3194)

i.  Documents awaiting consideration by the sub-committee
COM(05) 172 Communication from the Commission on Compliance with the Charter of Fundamental Rights in Commission Legislative Proposals. (Department for Constitutional Affairs)
(Sifted in Chairman's sift of 19 July 2005)
*10120/05Draft amendments to Articles 9, 11, 11b, 11c, 11d, 16, 35, 37, 44, 45, 46, 60, 74, 75, 76, 92 and 93 of the Rules of Procedure of the Court of Justice (FCO)
(Sifted in Chairman's sift of 25 October 2005)
*12467/05Proposal for a Council Decision concerning the signing on behalf of the European Community, of the Council of Europe Convention No 198 on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism (Home Office)
(Sifted in Chairman's sift of 25 October 2005)

ii.  Awaiting the outcome of Correspondence with Ministers, or held under scrutiny
Un-numberedProposal for a Directive of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering, including terrorist financing ("The Third Money Laundering Directive"). (HM Treasury) [2.9.04]
(See also doc 11134/04. Sifted in Chairman's sift of 7 September 2004. Letter of 21 October to John Healey MP, Economic Secretary, HM Treasury. Awaiting revised RIA; reply of 29 November from Stephen Timms MP, Financial Secretary, HMT, enclosing em 11134/04, and RIA; further reply 6 December. Further letters sent (i) 8 December, reply 21 March 2005; and (ii) 7 April, awaiting a full RIA; reply 3 June from the Rt Hon Dawn Primarolo MP, Paymaster General, HM Treasury informing of the intention to sign up to political agreement on 7 June; another reply 15 June from Ivan Lewis MP, Economic Secretary, HM Treasury enclosing full RIA)
Un-numberedProposal for a Directive of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering, including terrorist financing ("The Third Money Laundering Directive"). (HM Treasury) [17.9.04]
(See also doc 11134/04. Sifted in Chairman's sift of 12 October 2004. Letter of 21 October to John Healey MP, Economic Secretary, HM Treasury. Awaiting revised RIA; reply of 29 November from Stephen Timms MP, Financial Secretary, HMT, enclosing em 11134/04, and RIA; further reply 6 December. Further letters sent (i) 8 December, reply 21 March 2005; and (ii) 7 April, awaiting a full RIA; reply 3 June from the Rt Hon Dawn Primarolo MP, Paymaster General, HM Treasury informing of the intention to sign up to political agreement on 7 June; another reply 15 June from Ivan Lewis MP, Economic Secretary, HM Treasury enclosing full RIA)
5382/02 Enfocustom 2Initiative of the Kingdom of Spain with a view to adopting a Council Act establishing in accordance with Article 34 of the Treaty on European Union, the Convention on the suppression by customs administrations of illicit drug trafficking on the high seas. (HM Revenue & Customs)
(See also doc 5563/02. Sifted in Chairman's sift of 9 April 2002. Letter of 16 May to Ms Dawn Primarolo MP, Paymaster General, HM Treasury; reply 16 July. Further letters sent: (i) 29 July 2002, reply 18 July 2003; (ii) 18 September, reply 30 June 2004; and (iii) 14 July)
5563/02 Enfocustom 5Initiative of the Kingdom of Spain on the conclusion of a Convention on the suppression by customs administrations of illicit drugs trafficking on the high seas - Accompanying memorandum and financial fact sheet. (HM Revenue & Customs)
(See also doc 5382/02. Sifted in Chairman's sift of 9 April 2002. Letter of 16 May to Ms Dawn Primarolo MP, Paymaster General, HM Treasury; reply 16 July. Further letters sent: (i) 29 July 2002, reply 18 July 2003; (ii) 18 September, reply 30 June 2004; and (iii) 14 July)
10575/02 Cats 39Initiative of the Kingdom of Belgium with a view to the adoption of a Council Decision setting up a European Network of National Contact Points for Restorative Justice. (Home Office)
(Sifted in Chairman's sift of 4 September 2002. Letter of 10 October to Robert Ainsworth MP, Parliamentary Under-Secretary of State, Home Office; reply 4 March 2003. Another letter sent 13 March; reply 23 June. Letter of 3 July to Caroline Flint MP, PUSS, Home Office)
9228/03 Droipen 33Initiative of the Hellenic Republic with a view to the adoption of Council Framework Decision on the prevention and control of trafficking in human organs and tissues. (Home Office)
(Sifted in Chairman's sift of 3 June 2003. Letter of 17 July to Caroline Flint MP, Parliamentary Under-Secretary of State, Home Office; reply 29 March 2004. Considered at meeting of 5 May and retained under scrutiny)
16258/03 Droipen 89Draft Framework Decision on the application of the "ne bis in idem" principle. (Home Office)

(Sifted in Chairman's sift of 24 February 2004. Letter of 21 May to Caroline Flint MP, Parliamentary Under-Secretary of State, Home Office; reply 10 June. Another letter sent 30 June)

5189/04 Jur 14Proposal for a Council Decision establishing the Community Patent Court and concerning appeals before the Court of First Instance. (DTI) (COM(03) 828)
(Sifted in Chairman's sift of 24 February 2004. Letter of 11 March to the Lord Sainsbury of Turville, Parliamentary Under-Secretary of State for Science & Innovation, DTI; reply 28 March. Another letter sent 21 April)
5190/04 Jur 15Proposal for a Council Decision conferring jurisdiction on the Court of Justice in disputes relating to the Community patent. (DTI) (COM(03) 827)
(Sifted in Chairman's sift of 24 February 2004. Letter of 11 March to the Lord Sainsbury of Turville, Parliamentary Under-Secretary of State for Science & Innovation, DTI; reply 28 March. Another letter sent 21 April)
7615/04(Supplementary em [4.3.05] ) Presidency text on a Proposal for a Regulation of the European Parliament and of the Council creating a European order for payment procedure. (Department for Constitutional Affairs) (COM(04) 173)
(Sifted in Chairman's sift of 15 March 2005, includes Luxembourg Presidency text. To be considered at meeting of 23 March. Letter of 24 March to Baroness Ashton of Upholland, Parliamentary Under-Secretary of State, DCA. Letter of 27 October to Baroness Ashton of Upholland, Parliamentary Under Secretary of State, Department for Constitutional Affairs, reply 4 November )
9087/04Proposal for a Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission. (FCO) (COM(04) 324)
(Sifted in Chairman's sift of 15 June 2004. Letter of 5 July to Dr Denis MacShane MP, Minister for Europe, FCO; reply 19 July. Further letters sent (i) 16 September, reply 22 December; (ii) 27 January 2005, reply 27 February; (iii) 17 March and (iv) letter of 7 July to the Rt Hon Douglas Alexander MP, Minister for Europe, FCO, reply 22 July)
12993/04 Ecofin 315Proposal for a Regulation of the European Parliament and of the Council on mutual administrative assistance for the protection of the financial interests of the Community against fraud and any other illegal activities. (HM Treasury) (COM(04) 509)
(Sifted in Chairman's sift of 21 December 2004. Letter of 20 January 2005 to Stephen Timms MP, Financial Secretary, HM Treasury; reply 28 February. Further letters sent to Ivan Lewis MP, Economic Secretary, HMT (i) 18 March, reply 26 May; and (ii) 28 June asking to be kept informed of developments)
13852/04 + Add 1 Justciv 159Proposal for a Directive of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters, (COM(04) 718); and Add 1: Commission Staff Working Paper - Annex, (SEC(04) 1314). (Department for Constitutional Affairs)
(Sifted in Chairman's sift of 16 November 2004. Letter of 16 December to Baroness Ashton of Upholland, Parliamentary Under-Secretary of State, DCA; reply 26 January 2005. Another letter sent 28 February; reply 5 August. Third letter sent 20 October)
14207/04 Copen 133Initiative of the Kingdom of Belgium with a view to the adoption by the Council of a framework decision on the recognition and enforcement in the European Union of prohibitions arising from convictions for sexual offences committed against children. (Home Office)
(Sifted in Chairman's sift of 14 December 2004. Letter of 27 January 2005 to Caroline Flint MP, Parliamentary Under-Secretary of State, Home Office; reply 1 March. Another letter sent 17 March. Letter of 27 October to Paul Goggins MP, Parliamentary Under Secretary of State, Home Office)
16231/04Proposal for a Regulation of the European Parliament and the Council on the law applicable to non-contractual obligations ("ROME II"). (Constitutional Affairs)
(Sifted in Chairman's sift of 8 February 2005. Letter of 28 February to the Baroness Ashton of Upholland, Parliamentary Under-Secretary of State, DCA; reply 14 April. Another letter sent 13 June and 27 October)
5597/05 Copen 13Draft Council Framework Decision on the European enforcement order and the transfer of sentenced persons between Member States of the EU. (Home Office)
(Sifted in Chairman's sift of 15 March 2005. Letter of 24 March to Caroline Flint MP, Parliamentary Under-Secretary of State, Home Office; reply 3 May. Another letter sent 13 June to Andy Burnham MP, PUSS, Home Office; reply 11 July from the Rt Hon Baroness Scotland of Asthal, Minister of State, Home Office. Further letter sent 20 July to the Rt Hon Baroness Scotland of Asthal; reply 28 September. Letter of 3 November to Baroness Scotland of Asthal, Minister of State, Home Office)
6137/1/05 Copen 29Proposal for a Council Decision on the exchange of information extracted from the criminal record - Commission proposal. (Home Office)
(Sifted in Chairman's sift of 15 March 2005. Letter of 24 March to Caroline Flint MP, Parliamentary Under-Secretary of State, Home Office; reply 15 May from Andy Burnham MP, PUSS, Home Office. Letter of 5 July to Andy Burnham MP; reply 14 July)
6582/05Proposal for a Council Framework Decision on the fight against organised crime. (Home Office) (COM(05) 6)
(Sifted in Chairman's sift of 22 March 2005. Letter of 7 April to Caroline Flint MP, Parliamentary Under-Secretary of State, Home Office; reply 14 June from Paul Goggins MP, PUSS, Home Office. Letter of 5 July to Paul Goggins MP; reply 29 July)
7027/05 Justciv 34 Green Paper on succession and wills. (Department for Constitutional Affairs) (COM(05) 65)

(Sifted in Chairman's sift of 5 April 2005. Letter of 13 June to the Baroness Ashton of Upholland, Parliamentary Under-Secretary of State, DCA; reply 18 July)

7032/05Draft Interinstitutional Agreement on the operating framework for the European Regulatory Agencies. (FCO) (COM(05) 59)
(Sifted in Chairman's sift of 5 April 2005. Letter of 13 June to the Rt Hon Douglas Alexander MP, Minister for Europe, FCO)
7485/05 + Add 1 Justciv 56Commission Green Paper on Applicable Law and Jurisdiction in Divorce Matters, (COM(05) 82); and Add 1: Commission Staff Working Document - Annex, (SEC(05) 331). (Department for Constitutional Affairs and the Scottish Executive)
(Sifted in Chairman's sift of 24 May 2005. Letter of 28 June to the Baroness Ashton of Upholland, Parliamentary Under-Secretary of State, DCA, requesting a brief summery of the results of the Government's consultation on the Green Paper and their Response to the Commission)
7645/05 Copen 60Proposal for a Council Framework Decision on taking into account of convictions in the new member states of the European Union in the course of new criminal proceedings. (Home Office) (COM(05) 91)
(Sifted in Chairman's sift of 7 June 2005. Letter of 28 June to Andy Burnham MP, Parliamentary Under-Secretary of State, Home Office. Letter of 5 July to Andy Burnham MP re doc 6137/1/05 makes reference to doc 7645/05)
9513/05 & Add 1 Copen 94Communication on the Mutual Recognition of Judicial Decisions in Criminal Matters and the Strengthening of Mutual Trust between Member States, (COM(05) 195); and Add 1: Commission Staff Working Document - Annex, (SEC(05) 641). (Home Office)
(Sifted in Chairman's sift of 8 September 2005. Letter of 3 November to Fiona Mactaggart MP, Parliamentary Under Secretary of State, Home Office, held under scrutiny)
10774/05 & Add 1(i) Proposal for a Council Regulation establishing a European Union Agency for Fundamental Rights; and (ii) Proposal for a Council Decision Empowering the European Union Agency for Fundamental Rights to Pursue its Activities in Areas Referred to in Title VI of the Treaty on European Union, (COM(05) 280); Add 1: Commission Staff Working Document - Annex with Impact Assessment, (SEC(05) 849). (Department for Constitutional Affairs)
(Sifted in Chairman's sift of 21 July 2005. Letter of 20 October to Baroness Ashton of Upholland, Parliamentary Under Secretary of State, Department for Constitutional Affairs)
10880/05 Droipen 34Proposal for a Council Framework Decision on certain procedural rights in criminal proceedings throughout the European Union. (Home Office)
(Sifted in Chairman's sift of 8 September 2005. Letter of 3 November to Fiona Mactaggart MP, Parliamentary Under Secretary of State, Home Office, held under scrutiny)
11131/05 Justciv 140Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1348/2000 on the service in the Member States of Judicial and Extra-Judicial documents in civil or commercial matters. (Constitutional Affairs) (COM(05) 305)
(Sifted in Chairman's sift of 8 September 2005. Considered at meeting of 19 October retained under scrutiny)
11245/05 Droipen 35(i) Proposal for a European Parliament and Council Directive on Criminal Measures aimed at ensuring the Enforcement of Intellectual Property Rights; and (ii) Proposal for a Council Framework decision to strengthen the Criminal Law Framework to Combat Intellectual Property Offences. (Home Office) (COM(05) 276)
(Sifted in Chairman's sift of 8 September 2005. Letter of 27 October to Fiona Mactaggart MP, Parliamentary Under Secretary of State, Home Office, held under scrutiny)
11288/05Proposal for a Council Framework Decision on the European Evidence Warrant (EEW) for obtaining objects, documents and data for use in proceedings in criminal matters. (Home Office)
(Sifted in Chairman's sift of 4 October 2005. Letter of 3 November Andy Burnham MP, Parliamentary Under Secretary of State, Home Office, held under scrutiny)




 
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