§ Mr. BercowTo ask the Prime Minister if he will list those elements of QMV agreed at Nice for which the UK has secured an opt-out; and if he will identify the legal case for each opt-out. [144636]
§ Mr. VazI have been asked to reply.
Under the Protocol on the position of the United Kingdom and Ireland agreed at the Amsterdam inter-governmental conference and annexed to the Treaty on European Union and the Treaty establishing the 175W European Community, the UK has an opt-in to all aspects of the free movement articles that moved to QMV at Nice (Articles 65 and 66, and parts of Articles 62 and 63).
Under the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland agreed at the Maastricht inter-governmental conference and annexed to the Treaty establishing the European Community, Articles 111(4) and 123(4) of the Treaty establishing the European Community which moved to QMV at Nice do not apply to the UK unless we join the single currency.
§ Mr. BercowTo ask the Prime Minister if he will make a statement on Home Affairs issues subject to QMV under Article 67 TEC. [144635]
§ Mrs. RocheI have been asked to reply.
Under the current Treaty arrangements, Article 67 of the Treaty Establishing the European Community (TEC) provides that most measures under Title IV (visas, asylum, immigration and other policies related to free movement of persons) shall be adopted by unanimity, but makes exceptions in relation to two aspects of rules on visas for intended stays of no more than three months which are decided by Qualified Majority Voting. Article 67 also provides a mechanism from 1 May 2004 for the Council to decide unanimously, after consulting the European Parliament, to move all or parts of the areas covered by Title IV to the Article 251 co-decision procedure, which includes qualified majority voting in the Council. Finally, Article 67 also provides for two further aspects of the rules on visas for intended stays of no more than three months to be decided under the Article 251 co-decision procedure, including qualified majority voting in the Council, from 1 May 2004.
The arrangements described will be amended as a result of the agreement reached at Nice. I refer the hon. Member to the reply given by my hon. Friend the Minister of State, Foreign and Commonwealth Office, to my hon. Friend the Member for Great Grimsby (Mr. Mitchell) on 9 January 2001, Official Report, columns 510–12W, for a description of the changes in question.
However, under the Protocol on the position of the United Kingdom and Ireland, which is annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom does not participate in and is not bound by measures under Title IV TEC unless it exercises its right to opt in.