Explanatory Memorandum to COM(2019)23 - Notification of the United Kingdom of its wish no longer to take part in the immigration liaison officers network

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dossier COM(2019)23 - Notification of the United Kingdom of its wish no longer to take part in the immigration liaison officers network.
source COM(2019)23 EN
date 31-01-2019


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

In accordance with Article 5 of Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis 1 , the United Kingdom took part in Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network, as amended by Regulation (EU) No 493/2011 of the European Parliament and of the Council of 5 April 2011.

On 16 May 2018, the Commission proposed a further amendment of Regulation No 377/2004, in the form of a recast. 2 That proposal was received by the Council in all the required languages on 2 July 2018.

On 1 October 2018, in accordance with the procedure set out in Article 5(2) of the Protocol (No 19) on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom notified to the President of the Council its wish not to take part in the 16 May 2018 recast proposal. As a consequence the United Kingdom no longer takes part in the adoption of this proposal.

In view of the fact that the network character of the Immigration Liaison Officers network makes it impossible for a Member State to remain part of that network where the amended legislation setting up that network does not apply to that Member State, another consequence of the aforementioned notification will be that the United Kingdom will cease to participate in the Immigration Liaison Officers network from the date of entry into force of the recast proposal regarding that network.

In accordance with Article 5(3) of Protocol (No 19) on the Schengen acquis, the Council determines the extent and the conditions under which the United Kingdom will cease to participate in parts of the Schengen acquis affected by the aforementioned notification. The Council acts in the form of a decision, adopted by qualified majority on a proposal from the Commission.

The Council decision under Article 5(3) of Protocol (No 19) on the Schengen acquis takes account of the following criteria: the need to retain the widest possible participation of the notifying Member State in the Schengen acquis without seriously affecting its practical operability and while respecting its coherence.

The 16 May 2018 recast proposal aims to increase coordination and optimise the use of immigration liaison officers, including the new European liaison officers deployed to third countries, in order to respond more effectively to EU priorities in the field of migration.

The 16 May 2018 recast proposal has the same objectives as Regulation (EC) No 377/2004, as amended by Regulation (EU) No 493/2011, focusing on enhancing cooperation and coordination between immigration liaison officers posted in third countries, notably by setting out the obligation to establish local or regional networks among immigration liaison officers as well as promoting the use of a dedicated e-tool for regular exchange of information within the local networks and establishing a reporting system on the activities of immigration liaison officers’ networks, but without mandating specific operational interaction with other systems or legal instruments part of the Schengen acquis.

It follows from the nature of the 16 May 2018 recast proposal, as well as from that of the existing Regulation (EC) No 377/2004 as amended by Regulation (EU) 493/2011, that they constitute a self-standing measure within the Schengen acquis, which is not operationally interacting with other legal instruments that are part of the Schengen acquis.

Therefore, it can be considered, in this very exceptional case, that despite the cessation of the United Kingdom’s participation in Regulation (EC) No 377/2004, as amended by Regulation (EU) No 493/2011, continued participation by the United Kingdom in the remainder of the Schengen acquis in which it currently participates, serves to ensure the UK’s widest possible participation in such acquis without seriously affecting the Schengen acquis’ practical operability while at the same time respecting its coherence.

• Consistency with other Union policies

Not applicable

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

This proposal is based on Article 5(3) of Protocol (No 19) on the Schengen acquis integrated into the framework of the European Union.

• Subsidiarity (for non-exclusive competence)

Not applicable

• Proportionality

Not applicable.

• Choice of the instrument

Protocol (No 19) on the Schengen acquis integrated into the framework of the European Union sets out the procedures regulating the United Kingdom's participation in measures building on the Schengen acquis.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

Given the nature and scope of this proposal, no ex-post evaluation, stakeholder consultation or impact assessment are necessary.    

4. BUDGETARY IMPLICATIONS

The proposal bears no budgetary implication.