eunbil · GT0N1344 · 2006-05-31 00:00:00 — THE EUROPEAN UNION , 19 2006 2005/0204 (CNS) 41 "I/A" ITEM NOTE from : General of the Council to : COREPER/Council Subject : Decision on the of a mutual information mechanism concerning Member States" measures in the areas of asylum and immigration 1. Delegations will find attached the text of the above draft Council Decision. Its objective is to establish a mechanism of mutual information on Member States measures" in the areas of asylum and immigration which are considered likely to have a significant impact on several Member States or on Union as a whole. The of this mechanism will facilitate the exchange of views among Member States at technical and at political level in the areas of asylum and immigration. The proposal submitted by the Presidency was considered in various meetings by the Working Party on Migration and Expulsion. At its meeting on 11 2006 , Frontiers and Asylum reached a general approach on the text as set out in the to this Note. Parliament, which has been consulted, has not yet rendered its opinion. By letter received on 12 January 2006, the , in accordance with Article 3 of the Protocol on the position of the and , annexed to the Treaty on European Union and to the Treaty establishing Community, notified its wish to take part in the adoption and application of this Decision. By letter received on , , in accordance with Article 3 of the Protocol on the position of the and , annexed to the Treaty on European Union and to the Treaty establishing Community, notified its wish to take part in the adoption and application of this Decision. Delegations took note that , in accordance with Articles 1 and 2 of the Protocol annexed to the Treaty on Union and the Treaty establishing Community, will not participate in the adoption of this Decision and will not be bound by or subject to its application. Delegations agreed to insert a recital concerning the special position of under its Protocol annexed to the into the text of the Council Decision. and the Council are invited to confirm the general approach, with a view to the adoption of the draft Decision, following consideration by of Parliament, when it is received. on the of a mutual information mechanism concerning Member States measures in the areas of asylum and immigration THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing Community, and in particular Article 66 thereof, Having regard to the proposal from the Commission , Having regard to the opinion of Parliament , (1) On Council endorsed a multi-annual programme, known as the Hague Programme, for strengthening the area of freedom, security and , which calls for the development of the second phase of a common policy in the field of asylum, migration, visas and borders, starting on 1 2004, based, inter alia, on closer practical cooperation between Member States and an improved exchange of information; (2) The development of common asylum and immigration policies since the entry into force of the has resulted in closer interdependency between Member States policies in these areas, making the need for a more coordinated approach of national policies essential for strengthening the area of freedom, security and ; (3) In conclusions adopted at its meeting of , the and called for the of a system of mutual information between those in charge of migration and asylum policy in the Member States, based on the necessity to communicate information on measures considered likely to have a significant impact on several Member States or on Union as a whole and allowing for an exchange of views between Member States and the Commission at the request of either one of them; (4) The information mechanism should be based on solidarity, transparency and mutual confidence and should provide a flexible, rapid and non-bureaucratic channel for exchanging information and views on national asylum and immigration measures at Union level; (5) For the purposes of the application of this Decision, national asylum and immigration measures which are likely to have a significant impact on several Member States or on Union as a whole may comprise policy intentions, long-term programming, draft and adopted legislation, final decisions of the highest courts or tribunals which apply or interpret measures of national law and administrative decisions affecting a significant number of persons; (6) The communication of the relevant information should take place at the latest when the measure concerned become publicly available. Member States are however encouraged to transmit it as soon as possible; (7) For reasons of efficiency and accessibility, a web-based network should be the essential element of the information mechanism concerning national measures in the areas of asylum and immigration; (8) The exchange of information on national measures through the web-based network should be complemented by the possibility of having exchanges of views on such measures; (9) The information mechanism established by this Decision is without prejudice to the right of Member States to request ad-hoc discussions in measures at any time, in accordance with the Council"s rules of procedure; (10) Since the objectives of this Decision, namely secure information exchange and consultation between Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the envisaged action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiary as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives; (11) By letter received on 12 January 2006, the , in accordance with Article 3 of the Protocol on the position of the and , annexed to the Treaty on Union and to the Treaty establishing Community, notified its wish to take part in the adoption and application of this Decision. (12) By letter received , , in accordance with Article 3 of the Protocol on the position of the and , annexed to the Treaty on European Union and to the Treaty establishing Community, notified its wish to take part in the adoption and application of this Decision; (13) In accordance with Articles 1 and 2 of the Protocol on the position of annexed to the Treaty on Union and the Treaty establishing Community, is not taking part in the adoption of this Decision and is not bound by it or subject to its application. HAS ADOPTED THIS DECISION: Subject matter and scope This Decision establishes a mechanism for the mutual exchange of information concerning national measures in the areas of asylum and immigration likely to have a significant impact on several Member States or on Union as a whole. The mechanism referred to in paragraph 1 allows for the preparation of exchanges of views and debates on such measures. Information to be submitted Member States shall communicate to the Commission and the other Member States information on the measures which they intend to take, or have recently taken, in the areas of asylum and immigration, where these measures are publicly available and are likely to have a significant impact on several Member States or on Union as a whole. Such information shall be transmitted as soon as possible and at the latest when it becomes publicly available. This paragraph is subject to any confidentiality and data protection requirements that may apply to a particular measure. Member States shall be responsible for evaluating whether their own national measures are likely to have a significant impact on several Member States or on Union as a whole. The information pursuant to paragraph 1 shall be communicated through the network referred to in Article 3, on the basis of the reporting form attached to this Decision. The Commission or a may request additional information concerning the information communicated by another through the network. In such a case, the concerned shall provide additional information within one month. Information on final decisions of the highest Courts which apply or interpret measures of national law shall not be the subject of request for additional information under this paragraph. The possibility for providing additional information referred to in paragraph 3 may also be used by the Member States to provide information on measures for which they are not bound by the obligation referred to in paragraph 1, on their own initiative or upon request of the Commission or another . The network for the exchange of information in accordance with this Decision shall be web-based. The Commission shall be responsible for the development and management of the network, including the structure and content of the network and access to it. The network shall include appropriate measures to guarantee the confidentiality of all or part of the information of the network. For the practical set up of the network, the Commission shall make use of the existing technical platform within the Community framework of the trans-European telematic network for the interchange of data between administrations. A specific functionality of the network shall be provided in order to allow the Commission and the Member States to request from one or more Member States additional information on communicated measures, as indicated in paragraph 3 of Article 2, and other information, as indicated in paragraph 4 of Article 2. Member States shall designate national contact points having access to the network and notify the Commission thereof. When necessary for the development of the network the Commission may conclude agreements with Institutions of Community, as well as with bodies governed by public law established under the Treaties establishing Communities or established within the framework of Union. The Commission shall inform the Council whenever a request for such access is submitted and when access to such Institutions and/or bodies is granted. The exchanges of views, the general report and the discussions at ministerial level The Commission shall, once a year, prepare a general report summarizing the most relevant information transmitted by the Member States. With a view to preparing such report and identifying issues of common interest, Member States shall be associated with the Commission for this preparatory work, which may include technical meetings throughout the reporting period consisting in an exchange of views with Member States" experts on information submitted under Article 2. The general report shall be transmitted to Parliament and the Council. Without prejudice to holding ad-hoc consultations within the Council, the general report prepared by the Commission shall constitute the basis for a debate on national asylum and immigration policies at ministerial level. The Commission shall evaluate the functioning of the mechanism two years after the entry into force of this Decision and regularly thereafter. If appropriate, the Commission shall propose amendments to it. This Decision shall enter into force on the twentieth day following that of its publication in the . This Decision is addressed to the Member States in accordance with the Treaty establishing Community. Reporting form for information communicated through the mutual information mechanism concerning Member States measures in the areas of asylum and immigration (article 2.2. of Council Decision EC/xx/2006) It is recalled that, under the second sub-paragraph of Article 2.1. of this Decision, Member States are responsible for evaluating whether their own national measures are likely to have a significant impact on several Member States or on Union as a whole. Type of measure originating the transmission of information * Policy intentions, long-term programming Final decisions of the highest courts or tribunals which apply or interpret measures of national law or provide guidelines in the areas of asylum and immigration Administrative decisions affecting a large group of third-country nationals or having a general nature Other (specify): _ Full name of the measure originating the transmission of information ** Short description of the measure originating the transmission of information ** Comments and observations on the measure concerned** Where can the whole text of the measure originating the transmission of information be found? The submitting information through this form shall translate elements marked with an ** in an official language of the Institutions of the Community other than its own. OJ C [. ], [. ], p. OJ C [. ], [. ], p. the appropriate category under which falls the document originating the transmission of information * When possible and without prejudice to applicable requirements on confidentiality and on data protection of the measure concerned Please add Internet link whenever possible 9617/06 MC/cr DG H I EN 9617/06 MC/cr I EN