Withdrawal from Enhanced Cooperation : The Committee's Evidence Session with Baroness Wilcox, Thirty-ninth Report of Session 2010-12, Report, Together with Formal Minutes, Oral and Written Evidence

In December 2009 political agreement was reached on a Regulation establishing a unitary EU patent.

The European Court of Justice was asked to consider a 2010 draft agreement echoing the 2009 proposal.

They found that the draft agreement was incompatible with the EU Treaties.

The ECJ's opinion notwithstanding, the Council adopted the authorising Decision on enhanced cooperation.

In doing so, it agreed that member states could withdraw from the authorising Decision once they had fully considered it's implications.

The European Scrutiny Committee took evidence from the Parliamentary Under-Secretary for Business, Innovation and Skills, Baroness Wilcox, on two occasions on the proposals to establish a system of unitary patents in the EU.

On the second occasion, which took place on 22 June 2011, the Committee examined the question of whether a member state could withdraw from a Decision of the Council to authorise enhanced cooperation.

In conclusion, the Committee notes that the decision to enter in enhanced cooperation is a last resort and that this is only the second time it has been invoked.

The question of whether and when it is permissible to withdraw is precedent setting. On the legal advice received by the Department of Business, Innovation and Skills, it is concluded that it will be possible for member states for withdraw from a future decision to proceed with enhanced cooperation but before enhanced cooperation is implemented