Brussels, 10/11/2014 (Agence Europe) - On Monday 10 November, British MPs were getting ready for the evening's vote on whether the United Kingdom will remain part of the 35 different areas of European legislation on legal and police cooperation, such as the European Arrest Warrant (EAW). This opt-out is allowed under Protocol 36 of the Lisbon Treaty.
The British government has provided assurances over recent weeks (to MEPs who have displayed divisions on the subject) that it has obtained guarantees on the European Arrest Warrant. The United Kingdom has been particularly critical of the latter and has urged the House of Commons to support the country's continued participation in the EAW. On Monday 10 November, the Home Secretary, Teresa May, explained that the Conservative government had succeeded in introducing, “a proportionality test” for the use of this instrument, which is expected to help prevent certain pitfalls, particularly with regard to the fact that the extradition of British citizens can take place on the basis of what could be considered minor incidents, explained May. David Cameron said that this illustrated a first victory in the repatriation of European competences to a national level.
MPs are also expected to decide the fate of 34 other measures that involve maintaining the United Kingdom's participation in Europol and Eurojust. Six Schengen measures are also affected, including the request to participate in SIS2, as well as 29 non-Schengen measures. With regard to measures relating to the Schengen acquis, unanimity at the Council of the EU is required.
On Friday 7 November, during a Friends of the Presidency meeting, which is in charge of dealing with the opt-out and British opting in JHA-related affairs, Spain withdrew its last remaining reservations, according to one source and approval from the Council now seems likely. Spain was previously opposed to the United Kingdom's decision not to maintain the Prüm ruling (on further strengthening cross-border co-operation). This is based on the exchange of data from national DNA analysis files and it had threatened to use its veto. A solution with the Commission has since been found. This provides the United Kingdom with the possibility of introducing a pilot project until December 2015, before it gives its final decision on Prüm. On this point, Spain negotiated a rather technical arrangement with the United Kingdom, according to one source, which consisted in allowing all member states, as well of the United Kingdom, the opportunity of requesting data from these DNA files, over this test period. The decision by the ministers is expected to be taken soon, during a formal session of the Council, which could possibly be during the next General Affairs Council. The different parties affected would ideally like the decisions to be taken by 1 December, in order to avoid any legal problems occurring. (SP)