§ Mr. MitchellTo ask the Secretary of State for the Home Department if he will list by subject headings those provisions of the European Union treaties concerned with movements of persons between member states, and within it of persons from third countries,(a) those obligations which bind all member states, (b) those additional obligations applicable to members of the Schengen agreement, (c) those optional arrangements provided for in the treaties to which the United Kingdom is a party, (d) those additional arrangements made by the Schengen agreement into which the United Kingdom has entered and (e) those arrangements additional to the above currently under negotiation by the United Kingdom. [139083]
§ Mrs. RocheArticles 18 and 39–48 of the Treaty establishing the European Community (TEC) concern the free movement of European Union citizens. Article 18 falls under the subject heading 'Citizenship of the Union' (Part Two of the Treaty). Articles 39–48 fall under 'Free Movement of Persons, Services and Capital' (Part Three, Title III). These provisions are binding on all member states.
Articles 61–64 of the TEC contain provisions regarding the movement of third country nationals. These articles fall under 'Visas, Asylum, Immigration and Other Policies Related to the Free Movement of Persons' (Part Three, Title IV). Any measure adopted under Title IV does not bind the United Kingdom (or Ireland) unless either country chooses to opt in to the measure, pursuant to the `Protocol on the Position of the United Kingdom and Ireland' annexed to the TEC by the Treaty of Amsterdam. Denmark's separate Protocol prevents it from taking part in any measures under Title IV.
Members of the Schengen agreement have additional obligations under the Schengen acquis. This body of law is extensive, so I refer my hon. Friend to the Council Decision 1999/435/EC where the obligations are listed. The United Kingdom does not participate in the parts of the Schengen acquis which are inconsistent with the Government's policy on frontier controls. Those parts of the Schengen acquis in which we do participate are listed in Council Decision 2000/365/EC.
The scope of the treaty amendments currently under discussion in the Intergovernmental Conference is set out in the Government's White Paper `IGC: Reform for 213W Enlargement', presented to Parliament in February 2000. The latest position on these negotiations is set out in the French Presidency document of 3 November 2000, 'The Progress Report on the Intergovernmental Conference on Institutional Reform' (CONFER 4790), which is available in the Library.