Initiative of the Hellenic Republic with a view to adopting a Council Regulation on the creation of an immigration liaison officers network
Date: 2003-06-14
Institutions: Greece
Subjects: EU police cooperation, Greece, cooperation policy, exchange of information, illegal migration, immigration

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II

(Preparatory Acts)

COUNCIL

Initiative of the Hellenic Republic with a view to adopting a Council Regulation on the creation of
an immigration liaison officers network

(2003/C 140/10)

THE COUNCIL OF THE EUROPEAN UNION,

management of the controls on persons at the external
borders of the Member States.

Having regard to the Treaty establishing the European
Community, and in particular Articles 63(3)(b) and 66 thereof,

Having regard to the initiative of the Hellenic Republic,

Having regard to the Opinion of the European Parliament,

Whereas:

(1) The plan for the management of the external borders of
the Member States of the European Union, agreed by the
Council at its meeting of 13 June 2003 envisages the
setting up of networks of
immigration liaison officers
posted in third countries.

(2) In the Conclusions of its meeting of 21 and 22 June 2002
the Seville European Council called for the creation of a
network of immigration liaison officers of the Member
States before the end of 2002.

(3) At its meeting of 28 and 29 November 2002 the Council
adopted Conclusions on the improvement of the Immi-
the
gration Liaison Officers Network,
report of
the Presidency showing that a network of
liaison officers was in place in most of the countries
surveyed in the report but noting also that there was a
need to strengthen this network further.

taking note of

including

running projects,

(4) It is desirable to formalise the existence and functioning
of such a network — drawing on experiences gained in
the
the operation of
Belgian-led Western Balkans ILO network — through a
legally binding instrument, which sets out the obligation
to establish forms of cooperation among immigration
liaison officers of the Member States, the objectives of
such cooperation, the functions and appropriate qualifi-
cations of such liaison officers, as well as their responsi-
bilities vis-à-vis the host country and the sending Member
State.

(6) As

Iceland

regards

and Norway,

a development of

this Regulation
the Schengen acquis
constitutes
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
latter's association with the implementation, application
and development of the Schengen acquis (1), which falls
within the areas referred to in Article 1(A) and (E) of
Council
certain
arrangements for the application of that Agreement.

1999/437/EC (2)

Decision

on

taking part

(7) In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on
European Union and to the Treaty establishing the
European Community, Denmark is not
in
the adoption of this Regulation and is not bound by it
nor subject to its application. Given that this Regulation
builds upon the Schengen acquis under the provisions of
the Treaty establishing the
Title IV of Part Three of
European Community, Denmark shall,
in accordance
the said Protocol, decide within a
with Article 5 of
period of six months after the Council has adopted this
Regulation whether it will
implement it in its national
law.

(8) The United Kingdom is taking part in this Regulation, 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 (3).

(9) Ireland is taking part in this Regulation,

into the framework of

in accordance
with Article 5 of the Protocol integrating the Schengen
acquis
the European Union
annexed to the Treaty on European Union and to the
Treaty
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 (4).

European Community,

establishing

the

(5) It is also desirable to formalise the way in which the
relevant institutions of the Community are informed of
the activities of the immigration officers liaison network
so as to allow them to take or propose such measures as
the overall
may be necessary to improve

further

(1) OJ L 176, 10.7.1999, p. 36.
(2) OJ L 176, 10.7.1999, p. 31.
(3) OJ L 131, 1.6.2000, p. 43.
(4) OJ L 64, 7.3.2002, p. 20.

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for

(10) The participation of the United Kingdom and Ireland in
this Regulation is limited to the responsibilities of the
Community
the
taking measures
provisions of the Schengen acquis against the organisation
of illegal immigration to the United Kingdom and Ireland,
but does not involve these Member States in the external
border management activities for the prevention of illegal
immigration to the territories of the Member States which
have abolished or are committed to abolishing checks at
their internal borders.

developing

(c)

including the
the ‘modus operandi’ of illegal
means of transport used, the involvement of intermediaries,
etc.;

immigrants,

(d) the existence and activities of criminal organisations

involved in the smuggling of immigrants;

(e)

incidents and events that may be, or may become, the
cause of new developments with regard to flows of illegal
immigrants;

(11) This Regulation 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,

(f) methods used for counterfeiting or
documents and travel documents;

falsifying identity

HAS ADOPTED THIS REGULATION:

Article 1

‘Immigration liaison officer’ means a representative of one
1.
of
the Member States, posted abroad by the immigration
service or other competent authorities to one or more third
countries in order to establish and maintain contacts with the
authorities of those countries with a view to contributing to
the
the prevention and combating of
return of
legal
migration.

immigration,
immigrants and the management of

illegal

illegal

2.
For the purposes of this Regulation, liaison officers who
are dealing with immigration issues as part of their duties shall
also be considered as immigration liaison officers.

Immigration liaison officers may be posted to the
3.
national consular authorities of Member States
in third
countries, to the relevant authorities of other Member States
and also to the competent authorities of third countries, for a
reasonable time period to be determined by the posting
Member State.

This Regulation shall be without prejudice to the tasks of
4.
immigration liaison officers within the framework of
their
responsibilities under national law or under special agreements
concluded with the host country.

Article 2

Each Member State shall ensure that

1.
its immigration
liaison officers establish and maintain direct contacts with the
competent authorities in the host country and any appropriate
organisation within the host country, with a view to facilitating
and expediting the collection and exchange of information.

Immigration liaison officers shall collect information for
2.
use at either operational or strategic level, or both. Such
information shall in particular concern issues such as:

(a)

flows of illegal immigrants originating from or transiting
through the host country;

(g) ways and means to assist the authorities in host countries
in preventing illegal immigration flows originating from or
transiting through their territories;

(h) ways and means to facilitate the return and repatriation of

illegal immigrants to their country of origin;

(i)

legislation and legal practices relevant
issues;

to the foregoing

(j)

information transmitted via the early warning system.

Immigration liaison officers may also render assistance in
3.
establishing the identity of third country nationals and in facili-
tating their return to their country of origin.

4. Member States shall ensure that their immigration liaison
officers carry out their tasks within the framework of their
responsibilities
and in compliance with the provisions,
including those on the protection of personal data, laid down
in their national laws and in any agreements or arrangements
concluded with host countries.

Article 3

1. Member States shall inform one another, the Council and
the Commission of their secondments of immigration liaison
officers to third countries,
their
duties. The Commission shall present an annual summary to
the Council concerning Member States' postings of
immi-
gration liaison officers.

including a description of

2.
Each Member State shall also inform the others of its
intentions as regards the secondment of immigration liaison
officers to third countries, so as to allow the other Member
in concluding a cooperative
States to express an interest
agreement with the Member State
concerned on such
secondment, as referred to in Article 5.

Article 4

1. Member States shall ensure that their immigration liaison
officers posted to the same third countries constitute local or
regional cooperation networks among each other. Within the
framework of such networks immigration liaison officers shall:

(a) meet regularly and whenever necessary;

(b) routes followed by those flows of illegal

immigrants in

order to reach the territories of the Member States;

(b) exchange information and practical experience;

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(c) enhance

the development of
policies, including visa policies;

common practices

and

immigration and the return and repatriation of illegal

illegal
immigrants to the Council.

(d) coordinate positions to be adopted in contacts with the

authorities of the host country;

(e) coordinate positions
commercial carriers;

to be adopted in contacts with

(f) organise information sessions and training courses for
the

members of
missions of the Member States in the host country;

the diplomatic and consular staff of

(g) adopt common approaches to methods of collecting and
reporting strategically relevant information, including risk
analyses,
the sending
Member States;

to the competent authorities of

(h) draw up bi-annual reports on their common activities;

(i)

set up regular contacts with similar networks in neigh-
bouring third countries, as appropriate.

Local representatives of the Commission of the European
2.
Communities shall be entitled to participate in the meetings
organised within the framework of immigration liaison officers
network. Other bodies and authorities may also be invited, as
appropriate.

3.
The Member State holding the Presidency of the Council
of the European Union shall take the initiative to hold the
meetings
the
referred to in paragraph 1(a). However,
Member State holding the Presidency is not represented in
the country or region, the Member State serving as acting
Presidency shall take the initiative to hold the meeting.

if

Article 5

1. Member States may bilaterally or multilaterally agree that
immigration liaison officers who are posted to a third country
by a Member State shall also look after the interests of one or
more other Member States.

2. Member States may also agree that their immigration
liaison officers shall share certain tasks among each other.

Article 6

In order to secure a uniform management of information and
the necessary coordination for the collection, evaluation and
further use of information by the Council, Member States may
importance concerning
transmit
the combating of
issues

information of exceptional
relating to border management,

Article 7

The Member State holding the Presidency of the Council
1.
of the European Union or, if this Member State is not repre-
sented in the country or region, the Member State serving as
acting Presidency shall draw up, by the end of each semester, a
report to the Council and the Commission on the activities of
in which it has a
immigration liaison officers networks
representative and on the situation in host countries,
in
matters relating to illegal immigration.

The report shall be drawn up in accordance with a model

2.
and format established by the Commission.

The reports constitute an essential form of information
3.
for the preparation at
the end of each Presidency of an
evaluation report drafted by the Presidency in cooperation
with the Commission and submitted to the Council, on the
existing situation in each third country,
in which Member
States' immigration liaison officers are posted.

4.
The Commission shall, on the basis of the abovemen-
tioned reports draw up a summary factual report which shall
be submitted to the European Parliament and the Council
before the end of each year. When presenting its summary
the Commission may make
factual report
such proposals or recommendations as it deems appropriate
concerning improving the information-liaison officer network
and the existing situation in each third country.

to the Council

Article 8

This Regulation shall be without prejudice to the provisions on
consular cooperation at a local level set out in the Common
Consular Instructions on visas for the diplomatic missions and
consular posts (1).

Article 9

This Regulation shall enter into force on the date of its publi-
cation in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly
applicable in the Member States in accordance with the
Treaty establishing the European Community.

Done at

For the Council

The President

(1) OJ C 313, 16.12.2002, p. 1.