(2) what EU legislative provisions on police and judicial co-operation in criminal matters adopted on the basis of the Treaty on European Union apply to the UK and constitute part of the Schengen acquis; and which of them (a) are in force and (b) are due to come into force;
(3) what EC legislative provisions adopted on the basis of Title IV of Part Three of the Treaty establishing the European Community that apply to the UK and constitute part of the Schengen acquis (a) are in force and (b) are due to come into force;
(4) what EC legislative provisions adopted on the basis of Title IV of Part Three of the Treaty establishing the European Community, other than those that that constitute part of the Schengen acquis, apply to the UK and (a) are in force and (b) are due to come into force.
I have been asked to reply.
All EU legislative provisions on police and judicial co-operation in criminal matters adopted on the basis of the Treaty on European Union (TEU) apply to the UK, with the exception of the Council Decision concerning access for consultation of the Visa Information System (VIS) by designated authorities of member states and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences. The UK was excluded from that measure on the basis that it builds on that part of the Schengen acquis in which the UK does not participate. The UK is challenging this decision before the European Court of Justice.
The only other measures adopted with a legal base in the TEU which build on the Schengen acquis are those relating to the development of the second generation Schengen Information System, where the UK will participate in the police and justice elements of that system. The Council is also negotiating a Council Decision with a TEU legal base to create a mechanism to evaluate applications to join the Schengen area.
We do not participate in any measures building on the Schengen acquis with a legal basis in Title IV of the Treaty establishing the European Community (TEC). This is because the UK has not opted into that part of the Schengen acquis which deals with visa and immigration. This is one of the areas regulated by Title IV TEC (the other being civil law, which is not an area of Schengen co-operation).
Measures with a legal basis in Title IV TEC which do not build on the Schengen acquis are subject to the Title IV opt-in protocol on the position of the United Kingdom and Ireland, which means the UK can chose what it participates in.
To date we have opted in to 43 measures on asylum and migration and 15 measures on civil law. There are 82 measures which we have either not opted in to or have not been eligible to participate in.
Details of all adopted EU JHA legislation can be found at:
http://eur-lex.europa.eu/en/legis/20091101/chap19.htm