European Union Committee Progress of Scrutiny Contents


SUB-COMMITTEE E

LAW AND INSTITUTIONS

MEMBERSHIP: Chairman: Lord Bowness

Lord Kerr of Kinlochard

Co-opted Members:

Lord Blackwell, Lord Burnett, Lord Maclennan of Rogart, Baroness O'Cathain, Lord Renton of Mount Harry, Lord Rosser, Lord Rowlands, Earl of Sandwich, Lord Tomlinson, Lord Wedderburn of Charlton, Lord Wright of Richmond.

(FOR FURTHER INFORMATION PLEASE CONTACT THE CLERK, TALITHA ROWLAND, 020 7219 6929)

I.  DOCUMENTS AWAITING CONSIDERATION BY THE SUB-COMMITTEE
*17513/09
COR 1
+ADD 1
REV 1,
ADD 2
REV 1
Initiative for a Directive of the European Parliament and of the Council on the European Protection Order (MoJ)

Sifted 26 January 2010

*17706/09Proposal for a Council Decision on the conclusion of the agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway (HO)

Sifted 26 January 2010

*5107/10
COM (09) 673
Communication from the Commission to the European Parliament and the Council on the Implementation of Article 290 of the Treaty on the Functioning of the European Union (FCO)

Sifted 26 January 2010

*UnnumberedPresident of the Court of Justice of the European Union's proposals for the operating rules of the Judicial Appointments Panel provided for in Article 255 TFEU ([4.210] (FCO)

Sifted 9 February 2010

*5200/10
COM (09) 669
Report of the Commission on the implementation of Framework Decision 2004/757/JHA laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (HO)

Sifted 9 February 2010



II.  DOCUMENTS HELD UNDER SCRUTINY AWAITING THE OUTCOME OF CORRESPONDENCE WITH MINISTERS
8866/06
COM (06) 168

IPEX

European Parliament and Council Directive on Criminal Measures aimed at ensuring the enforcement of Intellectual Property Rights (originally HO) (MoJ from May 07)

Sifted 25 May 2006;
Letters to the Government 8 June (awaiting RIA), 25 Jul, 19 Oct 06, 30 Nov 06, 16 Oct 07, 29 Nov 07 - Bridget Prentice MP, Parliamentary Under Secretary of State;

Letters to the Chairman 8 Jul, 22 Aug, 9 Nov 06, 30 Jul 07, 12 Nov 07;

Response awaited following any developments in this matter

11356/06
COM (06) 346

IPEX

Communication from the Commission on adaptation of the provisions of Title IV of the Treaty establishing the European Community relating to the jurisdiction of the Court of Justice with a view to ensuring more effective judicial protection (HO)

Sifted 25 July 2006;
Letters to the Government 20 Jul, 12 Oct 06, 11 Jan 07, 22 Feb 07, 12 Jul 07, 25 Oct 07, 17 Jan 08, 3 Jul 08, 23 Jul 08 - Meg Hillier MP, Parliamentary Under Secretary of State;
Letters to the Chairman 15 Aug 06, 12 Dec 06, 30 Jan 07, 27 Jun 07, 13 Aug 07, 19 Dec 07, 16 Jun 08, 9 Jul 08;

Awaiting further information on whether discussion of dossier to be revived

11817/06
COM (06) 400

IPEX

Green Paper on conflict of Laws in matters concerning matrimonial property regimes, including the question of jurisdiction and mutual recognition (DCA)

Sifted 6 September 2006;
Letters to the Government 19 Oct 06, 25 Oct 07, 18 Dec 07 - Bridget Prentice MP, Parliamentary Under Secretary of State;
Letters to the Chairman 27 Mar 07, 4 Dec 07

7972/08
COM (08) 135

IPEX

Communication from the Commission to the European Parliament and the Council on "European Agencies - The Way Forward" (FCO)

Sifted 29 April 2008;
Letters to the Chairman 24 Apr 08, 30 May 08, 22 Sep 09;
Letters to the Government 15 May 08, 18 Jun 08, 30 Oct 09 - Chris Bryant MP, Minister for Europe;

Request to be kept updated

7984/08
+ ADD 1,2
COM (08) 151

IPEX

Proposal for a Directive of the European Parliament and of the Council facilitating cross-border enforcement in the field of road safety (presented by the Commission);
Commission staff working document - Summary of Impact Assessment;
Commission staff working document - Full Impact Assessment (DfT)

Sifted 3 June 2008;
Letter to the Government 16 Jun 08, 12 Dec 08 - Jim Fitzpatrick MP, Parliamentary Under Secretary of State;
Letter to the Chairman 20 Nov 08;

Request for a new draft and EM when amended proposal presented in Council

12217/08
+ ADD 1,2
COM (08) 464

IPEX

Proposal for a European Parliament and Council Directive amending Directive 2006/116/EC of the European Parliament and of the Council on the term of protection of copyright and certain related rights (DIUS now BIS w.e.f. 8 Jun 09)

Sifted 4 November 2008;
Letters to the Government 24 Nov 08, 23 Apr 09, 12 Jun 09, 15 Oct 09, 26 Nov 09 - David Lammy MP, Minister of State for Higher Education and Intellectual Property;
Letters to the Chairman 26 Mar 09, 2 Jun 09, 8 Jun 09, 8 Jul 09, 11 Jul 09, 6 Nov 09;

Awaiting impact assessment

†7928/09Draft Agreement on the European and Community Patents Court and Draft Statute (BIS)

Sifted 24 November 2009;

Letter to the Government 3 Feb 10 - Rt Hon David Lammy MP, Minister of State

Request for further information and receipt of European Court of Justice's opinion

8969/09
+ Add 1, 2
COM (09) 126

IPEX

Proposal for a Directive of the European Parliament and of the Council on combating late payment in commercial transactions (Recast) Implementing the Small Business Act;
Commission staff working document - Impact Assessment;
Commission staff working document - Summary of Impact Assessment (BERR now BIS w.e.f. 8 Jun 09)

Sifted 12 May 2009;
Letters to the Government 8 Jun 09, 5 Nov 09, 14 Jan 10 - Lord Davies of Abersoch, Minister for Trade, Investment and Small Business;
Letters to the Chairman 7 Aug 09, 13 Oct 09, 30 Nov 09;

Request for further information and updates on progress of negotiations

13706/09Revised proposal for a Council Regulation on the Community patent (BIS)

Sifted 24 November 2009;
Letter to the Government 4 Dec 09, 17 Dec 09 - Rt Hon David Lammy MP, Minister of State;
Letter to the Chairman 2 Dec 09;

Override 4 Dec 09

16195/09
COM (09) 622
Green Paper on a European Citizen's Initiative (FCO)

Sifted 15 December 2009;
Letter to the Government 14 Jan 10, 29 Jan 10, 3 Feb 10 - Chris Bryant MP, Minister for Europe

†16632/09Special Report No. 13/2009: Delegating implementing tasks to executive agencies: A successful option? (HMT)

Sifted 6 January 2010;
Letter to the Government 25 Jan 10 - Ian Pearson MP, Economic Secretary

†16801/09
16801/09 COR
+ ADD 1-3
Initiative for a Directive of the European Parliament and of the Council on the rights to interpretation and to translation in criminal proceedings (MoJ)

Sifted 6 January 2010;
Letter to the Government 22 Jan 10 - Lord Bach, Parliamentary Under Secretary of State;

Request to be kept informed of progress of proposal

*17703/09
COM (09) 704
Proposal for a Council Decision on the conclusion of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Members States of the European Union and the 2001 Protocol thereto (HO)

Sifted 19 January 2010;
Letter to the Government 28 Jan 10 - Admiral the Lord West of Spithead, Parliamentary Under Secretary of State

Request for further information and confirmation of Government's intention to opt in

†17691/09
COM (09) 624
Green Paper from the Commission of the European Communities on obtaining evidence in criminal matters from one Member State to another and securing its admissibility (HO)

Sifted 8 December 2009;
Letter to the Government 22 Jan 10 - Admiral the Lord West of Spithead, Parliamentary Under Secretary of State;
Letter to the Chairman 26 Jan 10

Awaiting Government's formal response to the Green Paper

III. DOCUMENTS UNDER SCRUTINY OR AWAITING OUTCOME OF CORRESPONDENCE:

In connection with the Sub-Committee's Report published 10 June 2009 "European Contract Law: the Draft Common Frame of Reference" 12th Report, HL Paper 95
12269/07
COM (07) 447

IPEX

Report from the Commission : Second Progress Report on the Common Frame of Reference (MoJ)

Sifted 11 September 2007;
Letters to the Government 16 Oct 07 - Cleared from Scrutiny, 27 Jun 08, 12 Mar 09, 17 Jul 09, 15 Oct 09 - Lord Bach, Parliamentary Under Secretary of State;
Letters to the Chairman 15 May 08, 16 Jul 08, 10 Dec 08, 28 Feb 09, 19 Jun 09, 22 Jul 09 - Government response to report, 24 Aug 09

Request to be kept informed of developments

In connection with the Sub-Committee's Report published on 18 June 09 "Access to EU Documents" 15th Report, HL Paper 108
9200/08
COM (08) 229

IPEX

Proposal for amendment to Regulation 1049/2001 of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (FCO)

Sifted 3 June 2008;
Letters to the Government 18 Jun 08, 30 Jan 09, 30 Oct 09 - Chris Bryant MP, Minister for Europe;
Letters to the Chairman 11 Dec 08, 12 Oct 09 (addressed to Chairman of Sub committee) - Government response to report;

Debated 15 Jul 09

In connection with the Sub-Committee's Report published 27 July 09 "Green Paper on the Brussels I Regulation ( 21st Report, Session 2008-09, HL Paper 148)"
9149/09
9150/09
COM (09) 174
COM (09) 175

IPEX

Report and Green Paper from the European Commission to the European Parliament, the Council and the European Economic and Social Committee on a Review of Council Regulation (EC) no 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (MoJ)

Sifted 19 May 2009;
Evidence sessions 10 and 24 June;
Letters to the Chairman 12 Sep 09 - Government response to report, 15 Oct 09, 15 Nov 09;
Letters to the Government 5 Nov 09, 5 Nov 09, 10 Dec 09 - Lord Bach, Parliamentary Under Secretary of State

In connection with the Sub Committee's Inquiry into "European Certificate of Succession"

14722/09
COM (09) 154

IPEX

Proposal from the European Commission for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments of succession and the creation of a European Certificate of Succession (MOJ)

Sifted 10 November 2009;
Letter to the Government 12 Nov 09, 14 Dec 09 - Lord Bach, Parliamentary Under Secretary of State;
Letter to the Chairman 17 Nov 09

IV. DOCUMENTS CLEARED FROM SCRUTINY, AWAITING OUTCOME OF CORRESPONDENCE WITH MINISTERS
Unnumbered

No COM number

Not on IPEX

Report from the European Parliament on a proposal for a decision of the European Parliament amending its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (FCO) [28.05.08]

Sifted 3 June 2008;
Letters to the Chairman 26 May 08, 9 Jun 08;
Letter to the Government 18 Jun 08 - Cleared from Scrutiny - Jim Murphy MP, Minister for Europe;

Request to be provided with a copy of the decision in due course

Unnumbered

No COM number

Not on IPEX

Proposal for a Directive of the European Parliament and the Council providing for minimum standards on sanctions against employers of illegally staying third-country nationals (HO) [16.02.09]

Sifted 24 February 2009;
Letter to the Government 5 Mar 09 - Cleared from Scrutiny - Phil Woolas MP, Minister of State for borders and Immigration;

Request for explanation of why the Committee received the latest text after agreement in Council. Should the Government contemplate opting in to this measure a further Explanatory Memorandum is expected

Unnumbered

No COM number

Not on IPEX

Draft Framework Decision on prevention and settlement of conflicts of jurisdiction in criminal proceedings (OCJR) [18.03.09]

Sifted 24 March 2009;
Letter to the Government 2 Apr 09 - Cleared from Scrutiny - Lord Bach, Parliamentary Under Secretary of State;

Request to be kept informed of the text as it emerges from Council

Unnumbered

No COM number

Not on IPEX

Draft resolution of the Council on a roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings [08.10.09] (OCJR)

Sifted 14 October 2009 in advance of sift of 20 Oct 09;
Letter to the Government 21 Oct 09 - Cleared from scrutiny - Lord Bach, Parliamentary Under Secretary of State;

Request for further information

COM (08) 329

IPEX

Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee towards a European e-Justice strategy (MoJ)

Sifted 15 July 2008;
Letters to the Government 23 Jul 08, 24 Nov 08, 15 Jan 09 - Cleared from Scrutiny - Lord Bach, Parliamentary Under Secretary of State;
Letters to the Chairman 8 Oct 08, 9 Dec 08;

Request to be kept informed of the development of the EU's e-justice programme

13407/07
+ ADD 1
COM (07) 502

IPEX

Communication from the Commission: A Europe of Results - Applying Community Law (FCO)

Sifted 23 October 2007;
Letters to the Government 15 Nov 07, 17 Jul 08, 30 Oct 09 - Cleared from Scrutiny - Jim Murphy MP, Minister for Europe;
Letters to the Chairman 24 Jun 08, 9 Oct 09;

Request to be informed of conclusion drawn from the pilot project for resolving complaints

5785/08
COM (07) 805

IPEX

Report from the Commission pursuant to Article 6 of the Council Framework Decision of 24 February 2005 on confiscation of crime-related proceeds, instrumentalities and property (2005/212/JHA) (HO)

Sifted 4 March 2008;
Letters to the Government 13 Mar 08, 1 May 08 - Cleared from Scrutiny - Vernon Coaker MP, Parliamentary Under Secretary of State;
Letters to the Chairman 21 Apr 08, 21 Jul 08;

Awaiting final Government report on implementation

10221/1/08
COPEN 112 Rev 1

No COM number

Not on IPEX

Draft Council Decision on the European Judicial Network (HO)

Sifted 8 July 2008;
Letters to the Chairman 7 Jul 08, 30 Jul 08;
Letter to the Government 9 Oct 08 - Meg Hillier MP, Parliamentary Under Secretary of State;
Considered at meeting 16 Jul 08 - Cleared from Scrutiny

10255/08
+ ADD 1
COM (08) 323

IPEX

Communication from the Commission on the European Transparency Initiative - A framework for relations with interest representatives (register and code of conduct) (FCO)

Sifted 1 July 2008;
Letters to the Government 10 Jul 08, 16 Oct 08 - Cleared from Scrutiny - Rt Hon Caroline Flint MP, Minister for Europe;
Letter to the Chairman 29 Jul 08;

Request to see the outcome of the promised review

10770/08

No COM number

Not on IPEX

Proposal for a Directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals (HO)

Sifted 29 August 2008;
Letters to the Government 9 Oct 08, 24 Nov 08, 15 Jan 09, 5 Mar 09 - Cleared from Scrutiny, 30 Apr 09, 12 Nov 09 - Phil Woolas MP, Minister of State;
Letters to the Chairman 24 Oct 08, 9 Dec 08, 21 Apr 09, 13 Oct 09;

Request for explanation of why the Committee received the latest text after agreement in Council. Should the Government contemplate opting in to this measure a further Explanatory Memorandum is expected

12089/08
COM (08) 466

IPEX

Commission Green Paper on Copyright in the Knowledge Economy (DIUS)

Sifted 30 September 2008;
Letter to the Government 6 Nov 08, 11 Dec 08 - Cleared from Scrutiny, 23 Apr 09 - David Lammy MP, Minister of State for Higher Education and Intellectual Property;
Letters to the Chairman 3 Dec 08, 26 Mar 09, 22 Jan 10;

Request to see the material on which the next consultation is based

5208/09

No COM number

Not on IPEX

Draft framework decision on prevention and settlement of conflicts of jurisdiction in criminal proceedings (MoJ)

Sifted 24 February 2009;
Letters to the Government 13 Mar 09, 2 Apr 09 - Cleared from Scrutiny, 15 May 09, 19 Jun 09 - Lord Bach, Parliamentary Under Secretary of State;
Letters to the Chairman 18 Mar 09, 30 Apr 09, 1 Jun 09;

Request to be kept informed of the text as it emerges from Council

12727/09

No COM number

Not on IPEX

Special Report No 9/2009 concerning the efficiency and effectiveness of the personnel selection activities carried out by the European Personnel Selection Office (FCO)

Sifted 13 October 2009;
Letter to the Government 5 Nov 09 - Cleared from scrutiny - Chris Bryant MP, Minister for Europe;

Request for opinion on impact of language teaching on under-representation

13885/1/09 REVCouncil Decision on the security rules for protecting EU classified information [10.12.09] (CO)

Sifted 15 December 2009;
Letter to the Government 14 Jan 10 - Cleared from scrutiny - Rt Hon Angela Smith MP, Minister of State;

Request for information on what is involved in ratification of the Intergovernmental Agreement

15298/09
COM (09) 612
Communication from the Commission to the European Parliament and the Council on the European Transparency Initiative: The Register of Interest Representative, one year after (FCO)

Sifted 1 December 2009;
Letter to the Government 17 Dec 09 - Cleared from scrutiny - Chris Bryant MP, Minister for Europe

Request to be kept informed of the outcome of discussions


v.   Reports awaiting Government Response:
No Government responses outstanding



 
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