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Updated: EU: UK OPT-OUT of JHA MEASURES

22 May 2014

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Council of the European Union: Documents dated 19 May 2014:

- Draft Council Decision (Schengen acquis) (pdf)
- Updated list of "lisbonised" ex-third pillar acquis (pdf)
- List of Schengen acquis concerning the United Kingdom (pdf)

"Annex I contains a list of ex-third pillar Schengen acquis to which the UK will seek to re-opt in pursuant to Article 10(5) of Protocol 36 and Article 4 of the Schengen Protocol, as from 1 December 2014.

Annex II contains a list of ex-third pillar Schengen acquis from which the UK will opt-out as a result of the block opt-out provided for in Article 10(4) of Protocol 36, and which will therefore "cease to apply" to the UK as from 1 December 2014.

Annex III contains two tables about pre-Lisbon Schengen acquis. The first table (A) is on ex-third pillar Schengen acquis and the second table (B) is on Schengen acquis by which the UK will continue to be bound because this is not ex-third pillar. Annex III therefore gives an overview of the pre-Lisbon Schengen acquis:

(a) by which the UK will remain bound (either because this has been "lisbonised" or because this is not ex-third pillar acquis)
(b) to which the UK will seek to re-opt in; and
(c) from which the UK will opt-out as a result of the block opt-out."

Council of the European Union: Application of Article 10 of Protocol 36 - Work of the Friends of Presidency Group - Report on the state of play and follow up (doc no: 9868-14, 16 May 2014, pdf) Concerns UK "opt-out" then "opt-back-into-some" of the old Justice and Home Affairs acquis which are to be brought under full EU competence. And see: European Commission: Commission Staff Working Document: Revised preliminary list of the former third pillar acquis (SWD 166-2014, 14 May 2014, pdf)

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