Supplementary written evidence by Jonathan
Faull, European Commission
Further to the meeting I had with the members
of the Home Affairs Sub-Committee of the House of Lords Select
Committee on the European Union in Brussels on 28 November, I
would like to provide the members with further information regarding
the access of UK authorities to the SIS immigration data and the
Schengen Evaluation procedure, which were particular points of
interest to them. I should be grateful if you would ensure that
the position set out below is fully reflected in the record of
my evidence.
1. ACCESS BY
THE UK TO
SIS IMMIGRATION DATA
Following the UK's request, the Council decided
in 2000 on the participation of the UK in the Schengen Acquis
limited to the aspects linked to police and judicial cooperation
in the criminal field.[6]
This includes, in particular, access to SIS alerts for arrest
and surrender, alerts for discrete checks or specific checks and
alerts on persons wanted for a judicial procedure. The limited
participation of the UK in the Schengen acquis excludes its participation
in the exchange of information via the SIS aimed at the control
of external borders or the issuing of visas. As the UK does not
participate in these common Schengen policies it has no access
to SIS alerts for the purpose of refusing entry.
The recitals of this Council's Decision indicate
the following:
"Whereas it is the view of the Council that
any partial participation by the United Kingdom in the Schengen
acquis must respect the coherence of the subject areas which constitute
the ensemble ofthis acquis;
Whereas the Council thus recognises the right
of the United Kingdom to make, in accordance with Article 4 of
the Schengen Protocol, a request for partial participation, noting
at the same time that it is necessary to consider the impact of
such participation of the United Kingdom in the provisions concerning
the establishment and operation of the SIS on the interpretation
of the other relevant provisions of the Schengen acquis and on
its financial implications".
The UK's lack of access to immigration data
is also made clear in the draft SIS II legal instruments.
If the UK wants to enlarge its access to SIS
data, it should consider participating fully in the Community
Acquis related to the creation of an area without internal border
controls. The full application of Schengen acquis, which includes
access to the SIS immigration data for the control of the external
borders or the issuing of visas, would benefit both the EU and
the UK. Not only would the UK draw the maximum benefit for UK
and other EU citizens as regards free movement, but this would
also facilitate the movement of third country nationals travelling
into or residing legally in the EU.
2. SCHENGEN EVALUATION
PROCEDURE
The Commission has been invited in the Hague
Programme "to submit, as soon as the abolition of controls
at internal borders has been completed, a proposal to supplement
the existing Schengen evaluation mechanism with a supervisory
mechanism, ensuring full involvement of Member States experts,
and including unannounced inspections".
The Commission has not yet presented such a
proposal as the abolition of controls at internal borders with
the Member States that joined the European Union in 2004 has not
been completed.
15 December 2006
6 Council Decision 2000/365/EC, OJ L 232/43 of 1.6.2000. Back
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