P6_TA(2006)0313
Mutual information procedure *
European Parliament legislative resolution on the proposal for a Council decision on the establish-
ment of a mutual information procedure concerning Member States' measures in the areas of
asylum and immigration (COM(2005)0480 —C6-0335/2005 —2005/0204(CNS))
(Consultation procedure)
The European Parliament,
—having regard to the Commission proposal to the Council (COM(2005)0480) (1),
—having regard to Article 66 of the EC Treaty,
—having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament
(C6-0335/2005),
—having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,
—having regard to Rules 51, 41(4) and Rule 35 of its Rules of Procedure,
—having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs
(A6-0186/2006),
1. Approves the Commission proposal as amended;2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;
3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal
substantially;
5. Instructs its President to forward its position to the Council and Commission.
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 1
Recital 3a (new)
(3a) This procedure should operate on two levels: on the
one hand, via a web-based network, the Member States'administrations inform each other on the measures taken atnational level in areas of asylum and immigration; on theother, the political authorities engage in regular debates atEuropean level on those areas.
Amendment 2
Recital 4
(4) The information procedure should be based on solidarity,
transparency and mutual confidence;(4) The information procedure should be based on solidarity,
transparency and mutual confidence and should result in a
concerted and coordinated approach to the asylum and immi-gration policies of the Member States.13.12.2006 C 303 E/825 Official Journal of the European Union
Thursday, 6 July 2006EN
(1) Not yet published in the OJ.
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 3
Recital 4a (new)
(4a) The creation of this procedure should lead to the
simplification, rationalisation and regrouping of the systems,structures and networks existing at Community level in the
areas of asylum and immigration.
Amendment 4
Recital 5
(5) For reasons of efficiency and accessibility, a web-based
network should be the essential element of the informationprocedure concerning national measures in the areas of asylumand immigration;(5) For reasons of efficiency and accessibility, a web-based
network managed by the Commission, which will ensure its
security and confidentiality, should be the essential element of
the information procedure concerning national measures in theareas of asylum and immigration.
Amendment 5
Recital 7
(7) Since the objectives of this Decision, namely secure
information exchange and consultation between Member
States, cannot be sufficiently achieved by the Member Statesand can therefore, by reason of the effects of the envisagedaction, be better achieved at Community level, the Communitymay adopt measures in accordance with the principle of subsi-diarity 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 toachieve those objectives;(7) Since the objectives of this Decision, namely tosecure
information exchange and improve coordination and consulta-
tion between Member States, cannot be sufficiently achieved bythe Member States and can therefore, by reason of the effectsof the envisaged action, be better achieved at Community level,the Community may adopt measures in accordance with theprinciple of subsidiarity 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 neces-sary in order to achieve those objectives.
Amendment 6
Article 1
This Decision establishes a procedure for the mutual exchange
of information concerning national measures in the areas ofasylum and immigration using a web-based network and
allowing for an exchange of views on such measures.This Decision establishes a procedure for the mutual exchange
of information concerning national measures in the areas ofasylum and immigration using a web-based network. This
procedure shall make it possible to prepare regular exchanges
of views on measures liable to have a significant impact inseveral Member States or at Community level, not only at theadministrative level but also at the political level within theCouncil.13.12.2006 C 303 E/826 Official Journal of the European Union
Thursday, 6 July 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 7
Article 2, paragraph 1, introductory wording and point a
1. Member States shall communicate to the Commission
and the other Member States the following measures whichthey intend to take in the areas of asylum and immigration ifthese measures are susceptible of having an impact on otherMember States or on the Community as a whole:1. Member States shall communicate to the Commission
and the other Member States the following measures whichthey intend to take or have taken in the areas of asylum and
immigration if these measures are susceptible of having animpact on other Member States, such as diverting or
attracting migratory flows to or from another Member State,
or on the Community as a whole:
(a)draft legislation, at the latest at the time of submission for
adoption; and(a)legislative texts, at the latest at the time of their adoption
or immediately after ; and
Amendment 10
Article 2, paragraph 1a (new)
1a. Member States shall communicate to the Commission
and the other Member States measures relating to legalimmigration and the fight against illegal immigration likelyto have a significant impact on other Member States, nolater than when they are presented for adoption.
Amendment 11
Article 2, paragraph 2, introductory wording
2. Member States shall communicate to the Commission
and the other Member States:deleted
Amendment 12
Article 2, paragraph 2, point a
(a) The final texts of the measures referred to in paragraph 1
(a) at the time when they are adopted or immediatelythereafter;deleted
Amendment 13
Article 2, paragraph 2, point b
(b) The final texts of the measures referred to in paragraph 1
(b) at the time when the Member State expresses its
consent to be bound by such a measure or immediatelythereafter.deleted13.12.2006 C 303 E/827 Official Journal of the European Union
Thursday, 6 July 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 14
Article 2, paragraph 3, introductory wording and point a
3. Member States shall communicate to the Commission
and the other Member States the following decisions if they aresusceptible of having an impact on other Member States or onthe Community as a whole:3. Member States shall communicate to the Commission
and the other Member States the following decisions if they aresusceptible of having an impact on other Member States, suchas diverting or attracting migratory flows to or from anotherMember State, or on the Community as a whole:
(a) Final decisions of courts or tribunals which apply or inter-
pret measures of national law in the areas of asylum or
immigration, at the time when they are delivered or imme-diately thereafter; and(a) Final decisions of national and international courts or
tribunals, including those that establish a precedent,which apply or interpret measures of national law or inter-
national agreements in the areas of asylum and immigra-
tion, at the time when they are delivered or immediately
thereafter; and
Amendment 15
Article 2, paragraph 5
5. The Commission or a Member State may request addi-
tional information concerning a particular measure or decision
communicated by another Member State through the network.
In such a case, the Member State concerned shall provide addi-tional information concerning that measure or decision,
within two weeks of the request being made through the
network. The additional information shall be made available tothe Commission and the other Member States through the
network.5. The Commission or a Member State may request addi-
tional information concerning a particular measure or decision
communicated by another Member State through the network.
In such a case, the Member State concerned shall provide addi-tional information, within four weeks of the request being
made through the network. The additional information shallbe made available to the Commission and the other MemberStates through the network.
Amendment 16
Article 2, paragraph 5a (new)
5a. Individual Member States and/or the Commission may
request information on measures not communicated before-hand by a Member State, where they consider that thosemeasures are liable to have an impact on migration in the
Member State requesting the information or in the Com-
munity as a whole.
Amendment 17
Article 2, paragraph 6
6. Each Member State shall ensure that a summary of the
text of every measure or decision it transmits through the
network isavailable in anofficial language of the Community
other than its own. This summary shall at least include the
objectives and scope of the concerned measure or decision, itsmain provisions and an estimation of the impact it couldhave on other Member States or on the Community as awhole.6. Each Member State shall ensure that the measures, deci-
sions and evaluations it transmits through the network are
available in one of the three most frequently used official
languages of the Community other than its own.13.12.2006 C 303 E/828 Official Journal of the European Union
Thursday, 6 July 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 18
Article 4, paragraph 2
2. The Commission shall be responsible for the develop-
ment 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 itsconfidentiality.2. The Commission shall be responsible for the develop-
ment 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 theconfidentiality
of all or part of the information concerned.
Amendment 30
Article 4, paragraph 2a (new)
2a. Legislative texts already adopted in each Member State
and available on the network and final decisions of national
and international courts and tribunals shall be available tothe public.
Amendment 20
Article 4, paragraph 3a (new)
3a. When establishing the mutual information procedure,
Member States shall supply data concerning the state of play
as regards their national law, thus creating a basic ‘data
bank’ .
Amendment 21
Article 4, paragraph 4a (new)
4a. The network shall have a specific function enabling
Member States to issue requests for information of a specific
nature addressed to one or more Member States and/or the
Commission, in the areas concerned by this Decision.
Amendment 22
Article 4, paragraph 4b (new)
4b. The network shall have a specific function enabling
the machine translation of on-line information into all the
official languages of the Community, or, at least, the most
widely-used ones, thereby making it easier to understand thedocuments.
Amendment 23
Article 4, paragraph 5a (new)
5a. A secure access point for the network shall be created
at the European Parliament for the use of the Members
thereof.13.12.2006 C 303 E/829 Official Journal of the European Union
Thursday, 6 July 2006EN
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 24
Article 5, paragraph 1
1. The Commission may, on its initiative or on demand of
a Member State, organise an exchange of views with MemberStates' experts on a particular national measure submittedunder articles 2 and 3 of this Decision. The Member State
whose measure is the object of discussion shall be represented
at the exchange of views.1. The Commission shall draw up a twice-yearly report
summarising the information forwarded by the MemberStates. In preparing its report, the Commission may furtherconsult the Member States. That report shall be forwarded to
the European Parliament and the relevant services of the
Council with a view to providing the political authoritieswith a basis for their exchanges of views.
Amendment 25
Article 5, paragraph 2
2. The purpose of the exchange of views shall be the iden-
tification of issues of common interest.deleted
Amendment 26
Article 6, paragraph 1
The Commission shall evaluate the functioning of the system 3
years after the entry into force of this Decision and regularly
thereafter.The Commission shall evaluate the functioning of the system
two years after the entry into force of this Decision and regu-
larly thereafter.
P6_TA(2006)0314
Modification of the Protocol on Privileges and Immunities
European Parliament resolution on modification of the Protocol on Privileges and Immunities
The European Parliament,
—having regard to its resolution of 23 June 2005 on the amendment of its decision of 4 June 2003 on
the adoption of the Statute for the Members of the European Parliament (1),
—having regard to the Declaration of 3 June 2005 by Representatives of the Member States, meeting
within Council, in which they agreed that ‘when an instrument laying down the regulations and general
conditions governing the performance of duties of Members of the European Parliament is adoptedpursuant to the terms of Article 190(5) of the Treaty, they will examine the request of Parliament torevise the relevant provisions of the Protocol on Privileges and Immunities of the European Communitiesof 1965 insofar as it concerns the Members of the European Parliament with a view to reach a conclu-
sion as soon as possible’,
—having regard to Rule 108(5) of its Rules of Procedure,
A. whereas its resolution of 23 June 2005 considered the Declaration of 3 June 2005 to be an essential
element for a compromise with the Council on the Statute,13.12.2006 C 303 E/830 Official Journal of the European Union
Thursday, 6 July 2006EN
(1) OJ C 133 E, 8.6.2006, p. 48.