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Securitisation Framework: Justice and Home Affairs

Volume 605: debated on Wednesday 27 January 2016

The Government have decided not to opt in to the justice and home affairs (JHA) provisions within the European Commission’s proposal for laying down common rules on securitisation and creating a European framework for simple, and transparent and standardised securitisation.

Article 19(2) of the proposal requires that where member states have chosen to pursue a criminal sanctions regime for breaches of elements of the proposals, those member states must ensure that information can be shared between competent authorities across the EU. As the provision requires co-operation involving law enforcement bodies, the Government believe these are JHA obligations and therefore our JHA opt-in is triggered and we have informed Council of that fact.

The Government have decided not to opt in to these provisions as there are no significant benefits to be gained from doing so. The obligation to share information will fall on member states who have a relevant criminal sanctions regime, and UK competent authorities will be in a position to access this data irrespective of the decision to opt in. The Government have no intention to introduce a criminal sanctions regime in a way that would lead to this regulation imposing an obligation on the UK or on our competent authorities.