COMMISSION DECISION
of 29 September 2005
on the format for the report on the activities of immigration liaison officers networks and on the situation in the host country in matters relating to illegal immigration
(notified under document number C(2005) 1508)
(Only the Czech, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish texts are authentic)
(2005/687/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (1), and in particular Article 6(2) thereof,
Whereas:
(1)
The reports required under Article 6(1) of Regulation (EC) No 377/2004 should enable the Commission to draw up its evaluation report on the situation in third countries where Member States’ immigration officers are posted and also its annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents.
(2)
The format of the reports should therefore reflect these objectives as regards the nature of the information to be included.
(3)
As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those States with the implementation, application and development of the Schengen acquis (2), which fall within the area referred to in Article 1, points A and E of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (3).
(4)
As regards Switzerland, this Decision constitutes a development of the Schengen acquis within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation on the latter’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 4(1) of Council Decision 2004/860/EC of 25 October 2004 on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation, concerning the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (4).
(5)
Pursuant to Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark has decided to implement Regulation (EC) No 377/2004 in Danish law. Regulation (EC) No 377/2004 is thus binding upon Denmark in international law.
(6)
In accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (5), the United Kingdom takes part in Regulation (EC) No 377/2004 and by consequence in this present Decision.
(7)
In accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (6), Ireland takes part in Regulation (EC) No 377/2004 and by consequence in this present Decision.
(8)
The participation of the United Kingdom and Ireland in this Decision in accordance with Article 8(2) of Decision 2000/365/EC and Article 6(2) of Decision 2002/192/EC relates to the responsibilities of the Community for taking measures developing the provisions of the Schengen acquis against the organisation of illegal immigration in which the United Kingdom and Ireland participate.
(9)
This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(1) of the 2003 Act of Accession,
HAS ADOPTED THE FOLLOWING DECISION:
Article 1
The format of the report required by Regulation (EC) No 377/2004 of 19 February 2004 shall be as set out in the Annex to this Decision.
Article 2
This Decision is addressed to the Kingdom of Belgium, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, The Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 29 September 2005.