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Ec Budget 2007 House of Lords London European Union Committee SW1A 0PW www.parliament.uk/hleue The primary purpose of the House of Lords European Union Select Committee is to scrutinise EU law in draft before the Government take a position on it in the EU Council of Ministers. This scrutiny is frequently carried out through correspondence with Ministers. Such correspondence, including Ministerial replies and other materials, is published where appropriate. This edition includes correspondence from 1 June to 30 November 2011. JUSTICE AND INSTITUTIONS (SUB-COMMITTEE E) CONTENTS ANTI-COUNTERFEITING TRADE AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, AUSTRALIA, CANADA, JAPAN, THE REPUBLIC OF KOREA, THE UNITED MEXICAN STATES, THE KINGDOM OF MOROCCO, NEW ZEALAND, THE REPUBLIC OF SINGAPORE, THE SWISS CONFEDERATION AND THE UNITED STATES OF AMERICA (12190/11, 12193/11) ................................................................................................................................................. 3 APPLICATION OF THE EU CHARTER OF FUNDAMENTAL RIGHTS (8453/11) ................................... 4 ARTICLE 10(4) OF THE PROTOCOL ON TRANSITIONAL PROVISIONS - PROTOCOL 36 TO THE TREATY OF LISBON ....................................................................................................................................... 4 BRINGING LEGAL CLARITY TO PROPERTY RIGHTS FOR INTERNATIONAL COUPLES (8253/11, 8160/11, 8163/11, 8145/11) ...................................................................................................................................... 5 BUILDING TRUST IN EU-WIDE JUSTICE; A NEW DIMENSION TO EUROPEAN JUDICIAL TRAINING (14196/11) ........................................................................................................................................... 11 COMITOLOGY: STANDARD RULES OF PROCEDURE FOR COMMITTEES UNDER REGULATION (EU) 182/2011 .......................................................................................................................................................... 12 COMMISSION ANTI-FRAUD STRATEGY (12141/11) .................................................................................. 13 COMMON EUROPEAN SALES LAW (15429/11, 15432/11) ....................................................................... 13 CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN UNION .............. 14 COURT OF JUSTICE OF THE EUROPEAN UNION (8787/11) ................................................................. 15 COURT OF JUSTICE OF THE EUROPEAN UNION: DRAFT RULES OF PROCEDURE (11147/11) 17 CRIMINAL JUSTICE: COMBATTING SEXUAL ABUSE, SEXUAL EXPLOITATION AND CHILD PORNOGRAPHY (8155/10, 14279/10).............................................................................................................. 18 CRIMINAL JUSTICE: EU DIRECTIVE ON HUMAN TRAFFICKING (8157/10, 16945/10) .................... 21 CRIMINAL JUSTICE: EUROPEAN PROTECTION ORDER (17513/09) .................................................... 21 CRIMINAL JUSTICE: THE RIGHT TO INFORMATION IN CRIMINAL PROCEEDINGS (UNNUMBERED) .................................................................................................................................................... 24 CRIMINAL POLICY (14613/11) ........................................................................................................................... 27 CROSS-BORDER DEBT RECOVERY IN CIVIL AND COMMERCIAL MATTERS (13260/11) ............. 28 DELEGATED LEGISLATION: COMMON UNDERSTANDING ON THE DELEGATION OF POWERS TO THE COMMISSION (9713/11) .................................................................................................. 32 DRAFT AGREEMENT ON A UNIFIED PATENT COURT AND DRAFT STATUTE (11533/11) ........ 32 DRAFT DIRECTIVE ON ACCESS TO A LAWYER (11497/11) ................................................................... 35 THE EQUIVALENCE BETWEEN OLD AND NEW CAREER STRUCTURES – ARTICLE 6 OF THE STAFF REGULATIONS (8547/11) ....................................................................................................................... 39 EUROPEAN ANTI-FRAUD OFFICE (OLAF): REGULATION AMENDING REGULATION 1073/1999 (7897/11) ................................................................................................................................................................... 40 EUROPEAN INVESTIGATION ORDER IN CRIMINAL MATTERS (9145/10, 9288/10) ........................ 42 EUROPEAN OBSERVATORY ON COUNTERFEITING AND PIRACY (10668/11) .............................. 44 EUROPEAN YEAR OF CITIZENS (2013) (13478/11)..................................................................................... 49 EXCEPTION CLAUSE: ARTICLE 10 OF ANNEX XI TO THE STAFF REGULATIONS (12919/11) .. 50 FIGHTING CORRUPTION IN THE EU (11237/11) ....................................................................................... 50 GOVERNMENT'S RESPONSE TO THE REPORT: THE WORKLOAD OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ............................................................................................................................. 51 GREEN PAPER: EU CRIMINAL JUSTICE LEGISLATION IN THE FIELD OF DETENTION (11658/11) ..................................................................................................................................................................................... 51 GREEN PAPER: LESS BUREAUCRACY FOR CITIZENS THROUGH PROMOTING FREE MOVEMENT OF PUBLIC DOCUMENTS AND RECOGNITION OF THE EFFECTS OF CIVIL STATUS RECORDS (18122/10) ........................................................................................................................... 52 GREEN PAPER: POLICY OPTIONS FOR PROGRESS TOWARDS A EUROPEAN CONTRACT LAW FOR CONSUMERS AND BUSINESSES (11961/10) ........................................................................................ 52 INTEGRATED POLICY TO SAFEGUARD TAXPAYERS' MONEY (11055/11) ....................................... 53 INTELLECTUAL PROPERTY: CUSTOMS ENFORCEMENT (10880/11) ................................................... 55 INTELLECTUAL PROPERTY: PROPOSED WIPO AUDIOVISUAL PERFORMANCES TREATY ........ 55 INTERIM EVALUATION OF THE FUNDAMENTAL RIGHTS AND CITIZENSHIP PROGRAMME 2007-2013 (9871/11) ............................................................................................................................................... 57 MINIMUM STANDARDS ON THE RIGHTS, SUPPORT AND PROTECTION OF VICTIMS OF CRIME (10610/11) ................................................................................................................................................... 57 MUTUAL RECOGNITION OF PROTECTION MEASURES IN CIVIL MATTERS (10613/11) ............. 60 OLAF: COURT OF AUDITORS SPECIAL REPORT NO 2/2011 – THE MANAGEMENT OF THE EUROPEAN ANTI-FRAUD OFFICE (9843/11) ................................................................................................ 63 2 ORPHAN WORKS: INTELLECTUAL PROPERTY RIGHTS (10832/11, 15756/11) ................................. 64 PATENT TRANSLATION AND PROTECTION: IMPLEMENTING ENHANCED COOPERATION (9224/11, 9226/11) .................................................................................................................................................. 67 PROPOSAL FOR A RECAST OF THE BRUSSELS I REGULATION – PUBLICATION OF REPORT IN RESPONSE TO CONSULTATION ..................................................................................................................... 70 ROADMAP: STRENGTHENING THE RIGHTS AND PROTECTION OF VICTIMS (8525/11) ........... 71 ROAD SAFETY: CROSS-BORDER ENFORCEMENT (7984/08) ................................................................. 71 THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION: COMMISSION’S OPINION ON THE REQUEST FOR AMENDMENT (14769/11) ................................................................ 72 STRENGTHENING VICTIMS' RIGHTS IN THE EU (10612/11) .................................................................. 73 TEMPORARY JUDGES OF THE EUROPEAN CIVIL SERVICE TRIBUNAL (8786/11) ............................ 73 THE TERM OF PROTECTION OF COPYRIGHT AND CERTAIN RELATED RIGHTS (12217/08) .. 74 TFEU ARTICLE 290: DELEGATED LEGISLATION (8753/11) ...................................................................... 75 ANTI-COUNTERFEITING TRADE AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, AUSTRALIA, CANADA, JAPAN, THE REPUBLIC OF KOREA, THE UNITED MEXICAN STATES, THE KINGDOM OF MOROCCO, NEW ZEALAND, THE REPUBLIC OF SINGAPORE, THE SWISS CONFEDERATION AND THE UNITED STATES OF AMERICA (12190/11, 12193/11) Letter from the Chairman to Baroness Wilcox, Parliamentary Secretary for Business, Innovation and Skills, Department for Business, Innovation and Skills Thank you for your Explanatory Memorandum of 14 July. This was considered by the Justice and Institutions Sub-Committee at its meeting of 14 September. We decided to hold these proposals under scrutiny. We note that the Agreement does not make any provision for the EU to lodge a declaration of competence. We regard a declaration as valuable in providing legal certainty. We should be grateful for further information detailing the nature of your doubts concerning the legal basis. We should be grateful for a reply to this letter within the usual 10 day period. 15 September 2011 Letter from Baroness Wilcox to the Chairman I am writing in response to your letter of 15 September, in which you requested further information on the legal basis of the Anti-Counterfeiting Trade Agreement (ACTA).
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