Considerations on COM(2019)23 - Notification of the United Kingdom of its wish no longer to take part in the immigration liaison officers network - Main contents
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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. |
|---|---|
| document | COM(2019)23  |
| date | February 18, 2019 |
| (2) | On 1 October 2018, within the required 3-month deadline, the United Kingdom notified the President of the Council of its wish not to take part in the adoption of the recast of Regulation (EC) No 377/2004 proposed by the Commission on 16 May 2018 and received by the Council in all the required languages on 2 July 2018. |
| (3) | Regulation (EC) No 377/2004 aims to enhance cooperation between immigration liaison officers posted in third countries, notably by setting out an obligation to establish local or regional networks among immigration liaison officers, as well as by promoting the use of a dedicated e-tool for regular exchanges of information within the local networks and establishing a reporting system on the activities of immigration liaison officers' networks through bi-annual Presidency reports, without requiring the use of any operational systems or directly interacting with any legal provisions contained in other legal instruments that are part of the Schengen acquis. |
| (4) | The 16 May 2018 proposal for the recast of Regulation (EC) No 377/2004, while aiming to increase coordination and optimise utilisation 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, does not depart from the nature of the current Regulation (EC) No 377/2004, inasmuch as its specific interaction with the other parts of the Schengen acquis is concerned. |
| (5) | The proposal for the recast of Regulation (EC) No 377/2004, just as the current Regulation (EC) No 377/2004, can therefore be considered as a self-standing measure within the Schengen acquis, which does not interact operationally with other legal instruments that are part of the Schengen acquis. |
| (6) | In this exceptional case, and in the light of the self-standing nature within the Schengen acquis of the current Regulation (EC) No 377/2004, it may be considered that, if the United Kingdom no longer participates in the current Regulation, or in any further amendments thereto, but continues to participate in the remaining Schengen acquis in which it currently participates pursuant to Council Decision 2000/365/EC (3), this would ensure the widest possible participation of the United Kingdom, without seriously affecting the practical operability of the other parts of the Schengen acquis and while respecting their coherence. |
| (7) | Article 8(2) of Decision 2000/365/EC should therefore, in accordance with Article 5(3) of the Protocol No 19, cease to apply to the United Kingdom of Great Britain and Northern Ireland as regards the current Regulation (EC) No 377/2004 and any further amendments thereto, including the proposal for the recast of Regulation (EC) No 377/2004, as from the entry into force of the proposed recast of Regulation (EC) No 377/2004. |
| (8) | As a consequence, point 6 of Annex I to Council Decision 2004/926/EC (4) as regards Regulation (EC) No 377/2004, in accordance with Article 5(3) of Protocol 19, should equally cease to apply as from the entry into force of the proposed recast, |