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EU court agrees that UK, Ireland cannot adopt certain Schengen measures


Published :
Tue, 18 Dec 2007 11:05
By : Agencies
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BRUSSELS (Thomson Financial) - The EU's highest court has ruled that the European Council was correct not to allow the UK and Ireland to adopt new Schengen agreement regulations establishing standards for security features and biometrics in passports.

The Luxembourg-based European Court of Justice said the UK and Ireland can only adopt new measures related to the agreement in areas where the two countries are already authorised to do so.

In Feb 2004, the UK asked the council to allow it to adopt a regulation establishing the Frontex Agency, which coordinates border security between member states.

In May that year, the UK asked to take part in the adoption of a regulation which established standards for security features and biometrics in passports.

The council would not allow it to adopt the measures. It said they constituted developments of the agreement in which the UK does not take part.

The UK asked the ECJ to rule on this matter.

The UK considered the council's decision a breach of the Schengen Protocol, claiming its right to adopt such measures is independent of whether or not it takes part in the provisions on which the measure is based.

The UK and Ireland are not bound by the Schengen agreement, by which member states agreed to gradually remove controls at their common borders and introduce freedom of movement.

nina.chestney@thomson.com

nc/ejb

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Copyright Thomson Financial News Limited 2007. All rights reserved.

The copying, republication or redistribution of Thomson Financial News Content, including by framing or similar means, is expressly prohibited without the prior written consent of Thomson Financial News.




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