A4-0186/95

Resolution on the draft Council conclusions on the organization and development of the Centre for Information, Discussion and Exchange on the crossing of frontiers and immigration (CIREFI) (C4-0008/95)

The European Parliament,

- having regard to the draft Council conclusions (C4-0008/95),

- having regard to Articles K.1, K.3, K.4 and K.6 of the Treaty on European Union and Articles 6, 7a, 8 and 8a of the Treaty establishing the European Community,

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinion of the Committee on Legal Affairs and Citizens' Rights (A4-0186/95),

A. whereas Article K.1 stipulates that asylum policy, immigration policy and certain rules governing the crossing of external borders are of relevance to achieving the objectives of the Union,

B. whereas Article K.4 stipulates that the Commission is to be fully associated with work in the fields of justice and home affairs,

C. whereas Article K.6 stipulates that the European Parliament is to be consulted on the principal aspects of activities in fields referred to in Title VI of the Treaty on European Union,

D. whereas the impression given is that the remit of CIREFI, whose title includes the term 'immigration', will gradually evolve in such a way that it focuses (solely) on combating illegal immigration,

E. whereas the planned gathering of information and data is taking place in the absence of the necessary data protection provisions, and whereas the point made in the Council's conclusions 'that personal data may not be processed and, in particular, may not be communicated to or by CIREFI' does not help remedy this situation,

F. whereas Parliament has so far received very little if any information on or from the Centre,

G. whereas research into immigration may be useful, but should not be conducted in conditions of secrecy,

General considerations

1. Is of the opinion that the Commission's right to propose legislation constitutes an essential and general feature of the TEU and that, in all areas covered by Article K.1(1) to (6), the Commission has a political obligation not to leave it to Member States or the Council Presidency to take the initiative;

2. Calls on the Commission to take a more active role, to propose binding measures and to forward such proposals to Parliament and the Council;

3. Urges the Commission, in all cases in which it can draw up proposals in the areas referred to in Article K.1(1) to (6), to investigate whether it is appropriate to apply Article K.9 and to report on such investigations in the explanatory memoranda accompanying its proposals;

Specific considerations

4. Regrets that the draft conclusions do not refer to the legal basis on which they are based and that these so-called conclusions are not one of the instruments of cooperation referred to in Article K.3 in Title VI of the TEU;

5. Points out that Parliament should have been consulted as regards this document, at least on the basis of the second paragraph of Article K.6 of the TEU and the document should not have been forwarded for information only, as was the case;

6. Notes that it does not have sufficient information on the Centre and that the Council and Commission have not provided it with such information;

7. Points out that CIREFI is designed as a basic instrument for controlling illegal immigration, and that such control is an important aspect of the activities with legislative implications under Title VI of the TEU;

8. Takes the view that the Council, by failing to consult Parliament on the basis of Article K.6 of the TEU and take due account of its views and any amendments it might make, and by disregarding the decision-making procedure laid down in the Treaty, is in breach of the Treaty;

9. Notes that the impression given is that CIREFI will be engaged chiefly in combating illegal immigration;

10. Has formed the impression, from the small amount of data available, that there is obvious duplication of the data on immigrants and asylum-seekers collected by the European Communities' Statistical Office, the data collected by the IOM and UNHCR and the Member States, the European Information System currently being established and the work which might be assigned to Europol;

11. Calls for one observer appointed by the Commission and one observer appointed by Parliament to be allowed, with immediate effect, to attend CIREFI meetings;

12. Finds that the provisions governing the communication and handling of so- called 'personal data' are imprecise and confusing; calls for proper guarantees to be laid down and for steps to be taken to ensure there is no duplication with other bodies in the collection of such data;

13. Requests that this proposal should clearly define: the obligations of the Member States; relations with other similar intergovernmental or Community bodies; the conditions and restrictions on the communication of information and data by the Member States, the protection of information and data by the Member States, the practical arrangements for this purpose and the long-term and immediate objectives of CIREFI;

14. Calls for the operation of the Centre to be reviewed after a certain period and for it to be subsequently transformed, in the light of experience, into a body with the ability to help facilitate and support, within the Union, the adoption of joint decisions and comprehensive policies on the prevention and control of illegal immigration;

15. Hopes that illegal immigrants, too, will be treated with dignity;

16. Considers that the Commission must make its position known as soon as possible;

17. Rejects, in view of the foregoing, the draft Council conclusions;

18. Instructs its President to forward this resolution to the Commission, the Council and the governments and parliaments of the Member States.