The EU's Global Approach to Migration and Mobility - European Union Committee Contents


APPENDIX 4: THE UK'S PARTICIPATION IN EU ASYLUM AND IMMIGRATION MEASURES


EU Measure UK Opt-in EU Committee (EUC) Consideration
Legal Migration
Family Reunification Directive 2003/86/EC NoEUC supported opt-in.[266]
Long-Term Residents Directive 2003/109/EC NoEUC supported opt-in.[267]
Students Directive 2004/114/EC NoEUC supported opt-in.[268]
Researchers Directive 2005/71/EC NoEUC supported opt-in.[269]
Blue Card Directive 2009/50/EC NoEUC considered the substance of the Directive but did not express a view on the opt-in.[270]
Single Permit Directive 2011/98/EU NoEUC welcome the Directive but did not express a view on the opt-in.[271]
Intra-Corporate Transfers Directive NoEUC supported opt-in.[272] Government did not opt-in to proposal. Still under negotiation in Council/Parliament.
Seasonal Workers Directive NoEUC objected to measure on subsidiarity grounds.[273] Government did not opt-in to proposal. Still under negotiation in Council/Parliament.
Regulation on the establishment of an evaluation and monitoring mechanism to verify application of the Schengen acquis YesEUC supported the Government's decision not to opt-out of the proposal.[274] Still under negotiation in Council/Parliament.
Irregular Migration
Carriers Sanctions Directive 2004/82/EC YesEUC expressed serious concerns about the proposal but supported Government opt-in in order to improve or withdraw the measure.[275]
Returns Directive 2008/115/EC NoEUC supported Government opt-in.[276]
Employer Sanctions Directive 2009/52/EC NoEUC supported the purpose of the Directive but also raised a number of concerns and did not express a view on the opt-in.[277]
Human Trafficking Directive 2011/36/EU YesEUC supported Government's post-adoption opt-in but supported opt-in from the outset.[278]
Asylum
EURODAC Regulation (EC) No 2725/2000

Proposed Recast EURODAC Regulation

Yes

Yes

EUC raised concerns about the proposal.[279]

EUC supported Government opt-in.[280] Still under negotiation in Council/Parliament.

Dublin II Regulation (EC) No 343/2003

Proposed Recast Dublin III Regulation

Yes

Yes

EUC supported Government opt-in.[281]

EUC supported Government opt-in.[282] Still under negotiation in Council/Parliament.

Temporary Protection Directive 2001/55/EC YesEUC supported opt-in.[283]
Reception Conditions Directive 2003/9/EC

Proposed Recast Reception Conditions Directive

Yes

No

EUC supported Government opt-in.[284]

EUC supported opt-in.[285] Government decided not to opt-in. Still under negotiation in Council/Parliament.

Qualifications Directive 2004/83/EC

Proposed Recast Qualifications Directive

Yes

No

EUC supported Government opt-in.[286]

EUC supported opt-in.[287] Government decided not to opt-in. Still under negotiation in Council/Parliament.

Asylum Procedure Directive 2005/85/EC

Proposed Recast Asylum Procedure Directive

Yes

No

EUC supported Government opt-in.[288]

EUC supported opt-in.[289] Government decided not to opt-in. Still under negotiation in Council/Parliament.

Agencies
Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) No. Opt-in did not apply N/A. EUC report stated: "For the present the UK has to accept that, not being a full Schengen State, it cannot play a full role in Frontex. Subject to that legal limitation, the Government should ensure that the United Kingdom participates effectively in the development and operation of Frontex".[290]
Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice YesEUC supported Government's decision to opt-in.[291]
European Asylum Support Office Regulation 439/2010 YesEUC supported Government's decision to opt-in.[292]
Systems
Regulation (EC) No 767/2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas No. Opt-in did not apply N/A. EUC supported development of VIS in principle.[293]
Draft Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) No. Opt-in did not apply N/A. EUC welcomed the Government's commitment to make an effective contribution to the development of EUROSUR.[294]
Financial Instruments (for the next Multiannual Financial Framework for 2014 to 2020)
Asylum and Migration Fund Regulation YesEUC supported Government's decision to opt-in.[295] Still under negotiation in Council/Parliament as part of the MFF.
Internal Security Fund (police cooperation, preventing and combating crime, and crisis management) Regulation YesEUC supported Government's decision to opt-in.[296] Still under negotiation in Council/Parliament as part of the MFF.
Internal Security Fund (external borders and visa) Regulation No. Opt-in did not apply N/A. Still under negotiation in Council/Parliament as part of the MFF.
General provisions on the Asylum and Migration Fund and the Internal Security Fund (police cooperation, preventing and combating crime, and crisis management) Regulation YesEUC supported Government's decision to opt-in.[297] Still under negotiation in Council/Parliament as part of the MFF.
EU Readmission Agreements
Total number of enforced/voluntary returns from UK to EU Readmission Agreement third countries
Country Negotiating mandate received Signed Concluded UK opt-in[298] 2006 2007 2008 2009 2010 2011
Hong KongApril 2001 27 November 20021 March 2004 Yes15/20 40/1525/30 20/2520/20 13/82
MacaoApril 2001 13 October 20031 June 2004 Yes- / * - / 5* / * * / -* / * 2/5
Sri LankaSeptember 2000 4 June 20041 May 2005 Yes420/375 315/255180/205 190/230205/285 430/589
AlbaniaNovember 2002 14 April 20051 May 2006 Yes520/335 405/350355/295 300/250295/110 467/165
Russia September 2000 25 May 20061 June 2007 Yes100/60 85/5560/50 60/3055/60 33/123
UkraineJune 2002 18 June 20071 January 2008 Yes295/60 255/55200/65 210/130265/150 193/371
FYROMNovember 2006 18 September 2007 1 January 2008Yes 15/2025/15 10/510/ - 5 / *3/15
Bosnia and Herzegovina November 200618 September 2007 1 January 2008Yes 15/10* / 10 10 / ** / 10 5 / *1/40
MontenegroNovember 2006 18 September 2007 1 January 2008Yes * / -* / - * / ** / * - / -0/3
SerbiaNovember 2006 18 September 2007 1 January 2008Yes 30/1525/25 5/ *5/ * 5/53/27
MoldovaDecember 2006 10 October 20071 January 2008 Yes70/65 105/15075/25 70/2055/15 51/155
PakistanSeptember 2000 26 October 20091 December 2010 Yes1340/
1010
1230/
1090
1330/835 1280/

1010

1410/

1360

1466/

2647

GeorgiaNovember 2008 22 November 20101 March 2011 Yes70/50 60/4035/25 45/4555/30 37/46
MoroccoSeptember 2000 Yes
TurkeyNovember 2002 21 June 2012 Yes
ChinaNovember 2002 Yes
AlgeriaNovember 2002 Yes
Cape VerdeJune 2009 No
BelarusMarch 2011 No
ArmeniaDecember 2011 No
AzerbaijanDecember 2011 Yes

(1) Figures are rounded to the nearest 5 (- = 0, * = 1 or 2) and may not sum to the totals shown because of independent rounding.

(2) Voluntary returns include those leaving under Assisted Voluntary Return Programmes run by the International Organisation for Migration and persons who it has been established left the UK without informing the immigration authorities

Source: UKBA


266   EU Committee, Economic migration to the EU (14th Report of Session 2005-06, HL Paper 58) Back

267   ibid. Back

268   Letter from Chairman to the Lord Filkin dated 30 January 2003. See EU Committee, Correspondence with Ministers (49th Report of Session 2002-03, HL Paper 196). This, and all subsequent letters, available online in Correspondence with Ministers at: http://www.parliament.uk/hleuf  Back

269   Letter from Chairman to Caroline Flint MP dated 10 November 2004. See EU Committee, Correspondence with Ministers (4th Report of Session 2005-06, HL Paper 16)  Back

270   Letter from the Chairman to Phil Woolas MP to the Chairman dated 13 November 2008 Back

271   Letter from the Chairman to Liam Byrne MP dated 20 February 2008. See EU Committee, Correspondence with Ministers November 2007 to April 2008 (2nd Report 2009-10, HL Paper 29) Back

272   Letter from the Chairman to Damian Green MP dated 25 January 2012  Back

273   EU Committee, Subsidiarity assessment: admission of third-country nationals as seasonal workers (1st Report of Session 2010-12, HL Paper 35) Back

274   Letter from the Chairman to James Brokenshire MP dated 26 July 2012 Back

275   EU Committee, Fighting illegal immigration: should carriers carry the burden? (5th Report of Session 2003-04, HL Paper 29) Back

276   EU Committee, Illegal Migrants: proposals for a common EU returns policy (32nd Report of Session 2005-06, HL Paper 166) Back

277   Letter from the Chairman to Phil Woolas MP dated 5 March 2009 Back

278   Letter from the Chairman to Damian Green MP dated 9 June 2011 Back

279   Letter from the Chairman to Barbara Roche MP dated 6 October 2000 Back

280   EU Committee, The United Kingdom opt-in: problems with amendment and codification (7th Report of Session 2008-09, HL Paper 55) Back

281   EU Committee, Asylum Applications-Who Decides? (19th Report of Session 2001-02, HL Paper 100) Back

282   EU Committee, The United Kingdom opt-in: problems with amendment and codification (7th Report of Session 2008-09, HL Paper 55) Back

283   Letter from the Chairman to Barbara Roche MP dated 24 January 2001. See EU Committee, Correspondence with Ministers (1st Report of Session 2001-02, HL Paper 12) Back

284   EU Committee, Minimum Standards of Reception Conditions for Asylum Seekers (8th Report of Session 2001-02, HL Paper 49) Back

285   EU Committee, The United Kingdom opt-in: problems with amendment and codification (7th Report of Session 2008-09, HL Paper 55) Back

286   EU Committee, Defining Refugee Status and those in need of International Protection (28th Report of Session 2001-02, HL Paper 156) Back

287   EU Committee, Asylum directives: scrutiny of the opt-in decisions (1st Report of Session 2009-10, HL Paper 6) Back

288   EU Committee, Minimum Standards in Asylum Procedures (11th Report of Session 2000-01, HL Paper 59) Back

289   ibid. Back

290   EU Committee, FRONTEX: the EU external borders agency (9th Report of Session 2007-08, HL Paper 60) Back

291   Letter from the Chairman to Phil Woolas MP dated 20 July 2009  Back

292   Letter from the Chairman to Phil Woolas MP dated 1 April 2009 Back

293   Letter from the Chairman to Caroline Flint MP dated 31 March 2004 Back

294   EU Committee, The EU Internal Security Strategy (17th Report of Session 2010-12, HL Paper 149) Back

295   Letter from the Chairman to James Brokenshire MP dated 18 January 2012 Back

296   ibid. Back

297   ibid. Back

298   The EU Committee has consistently supported the United Kingdom's participation in EU Readmission Agreements. See EU Committee, Illegal Migrants: proposals for a common EU returns policy (32nd Report of Session 2005-06, HL Paper 166) Back


 
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