Proposal for a Council Decision Establishing a secure web-based Information and Co-ordination Network for Member States' Migration Management Services
Date: 2003-11-25
Institutions: European Commission
Subjects: Internet site, information network, migration control, migratory movement, transmission network

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.11.2003
COM(2003) 727 final

2003/0284 (CNS)

Proposal for a

COUNCIL DECISION

Establishing a secure web-based Information and Co-ordination Network for Member
States’ Migration Management Services

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.  INTRODUCTION

An Early Warning System (EWS) for the transmission of information on illegal immigration
and facilitator networks was first set up by Council Resolution of May 1999. Its objective was
to  create  a  standardised,  permanent  communication  framework  to  enable  Member  States  to
report incidents or new trends in the field of illegal migration instantly.

However,  this  system  has  never  satisfied  Member  States’  expectations  entirely,  mainly
because  it  has  not  been  used  as  intended  or  because  it  has  not  been  used  coherently  by  all
participating states (Member States, candidate and associated countries) and also because the
technical  infrastructure  was  poor.  Following  the  proposal  by  the  Commission  in  its
Communication  on  a  Common  Policy  on  Illegal  Immigration  of  15  November  2001  (COM
(2001) 672), the Council’s comprehensive plan to combat illegal immigration and trafficking
in human beings in the European Union, adopted on 28 February 2002 (OJ C 142 of 14 June
2002, p. 23), provides a mandate to develop the EWS further as a web-based secure intranet
site.

A comprehensive, modern and secure web-site is needed to provide all relevant information
for  migration  management  services  involved  in  the  fight  against  illegal  immigration.  The
Commission has, therefore, set up a web-site, which is called “Information and Co-ordination
Network” and is a technically based so-called “interest group” on the existing Commission’s
“CIRCA”  system  (Communication  and  Information  Resource  Centre  Administrator),
introduced for information exchange among Member States and the institutions for all kinds
of purposes. It is a web-based environment providing on-line-services with a common virtual
workspace for closed user groups.

The  first  component  and  starting  point  of  the  network  is  the  EWS  itself.  However,  such  an
enhanced operational co-operation of Member States’ migration management services should
not be limited to information exchange on the few incidents which require an early warning.
Moreover  the  possibilities  of  modern  communication  technology  should  be  utilised  to
significantly  improve  the  existing  channels  for  information  exchange,  e.g.  by  providing
strategic, tactical and operational information, up-to-date contact lists, ad-hoc documentation
and reports on the subject, which should be shared among participants. Consequently,  some
additional elements should be available from the outset, others could be added at a later stage.

As  a  development  of  the  Early  Warning  System,  the  network  is  primarily  designed  to
facilitate the  exchange  of  strategic  and  tactical  information  on  irregular  or  illegal  migratory
flows and trends. It is, for the time being, not envisaged to exchange personal data regarding
criminal networks involved in smuggling or trafficking of human beings.

2.  OBJECTIVE

The  purpose  of  this  Decision  is  to  establish  a  secure  web-based  Information  and  Co-
ordination Network for Member States’ Migration Management  Services.  The Decision  sets
out the basic conditions of this network.

2

Moreover, the Decision introduces a mechanism for the management of the system under the
administration  of  the  Commission.  A  consultative  committee  will  assist  the  Commission  in
running and developing the system.

3.  LEGAL BASIS AND SUBSIDIARITY

Articles  66  of  the  TEC  is  the  legal  basis  of  this  decision  whose  immediate  objective  is  to
support the progressive establishment of an area of freedom, security and justice via the fight
against illegal immigration and illegal residence and the reinforcement of the  administrative
co-operation  between  the  relevant  departments  of  Member  States,  Europol  and  the
Commission.

Title  IV  of  the  TEC  is  not  applicable  to  the  United  Kingdom  and  to  Ireland,  unless  those
Member States decide otherwise in accordance with the procedure laid down in the Protocol
on the position of the United Kingdom and Ireland annexed to the Treaties.

The  following  proposal  has  a  hybrid  character  in  the  sense  that  it  does  also  represent  a
development of the Schengen "Acquis" in the sense of Article 1 of the Agreement concluded
by the Council of the European Union with Iceland and Norway concerning the association of
those  two  States  with  the  implementation,  application  and  development  of  the  Schengen
acquis1

In accordance with the principle of subsidiarity, the objective of the proposed action, namely
secure and rapid information exchange between Member States on information on migratory
flows  and  phenomena,  cannot  be  sufficiently  achieved  by  the  Member  States  and  can
therefore,  by  reason  of  the  effects  of  the  envisaged  action,  be  better  achieved  by  the
Community. The co-operation between Member States’ migration management authorities by
real-time  information  exchange  via  a  secure  website  can  only  be  established  at  Community
level. The added value is to share information which is for the time being mostly available at
national level only or is exchanged between Member States via informal or rather outmoded
information channels. The setting-up of a secure website is a necessary and suitable method to
improve  the  way  of  information  exchange.  This  Decision  does  not  go  beyond  what  is
necessary to achieve that objective.

4.  COMMENTARY ON ARTICLES

Article 1

This article defines the purpose of this decision.

Article 2

This  article  determines  the  Commission  to  be  responsible  for  the  development  and
management  of  the  network.  Additionally,  it  enumerates  a  list  of  elements  for  information
exchange.

The  technical  platform  for  the  network  is  currently  formed  by  the  Commission’s
Communication  and  Information  Resource  Centre  Administrator  platform  (CIRCA;

1

OJ L 176/36, 10.7.1999, p. 36

3

                                                
http://www.forum.europa.eu.int/)  in  the  framework  of  the  trans-European  telematic  network
for administrations (IDA) according to Article 4 of Council Decision 1999/1720/EC. CIRCA
provides not only an ideal working environment but also has a number of other advantages,
e.g.  its immediate availability, the  restricted  access  for  registered  users  and  selective  access
within  the  system.  It  also  guarantees  the  secure  sharing  of  resources  and  documents  due  to
high-level encryption.

The CIRCA platform also contains standard management services, which are very useful for
the  network.  Apart  from  a  library  section  with  the  aforementioned  elements  for  specific
information  exchange,  there  is  a  common  e-mail  function  and  the  possibility  to  organise
meetings electronically. Links to other web-based information resources can be shared in an
information section. In a participant’s directory members can exchange their contact details.
In  a  newsgroup  section  members  can  organise  online  discussions  on  different  subjects  and
post questions to the participating community.

Article 3

This article describes the tasks of the Commission.

Letter (a) requires the Commission to establish the terms and procedures for granting full or
selective access to the network.

Letter  (b)  obliges  the  Commission  to  take  all  necessary  decisions  on  the  management  and
structure  of  the  network,  including  rules  or  guidelines  to  run  the  system  (confidentiality,
transmission, storage, archiving and deletion of information). The Commission can also create
or change standardised forms, such as the existing form for the EWS.

Article 4

Article 4 (1) requires Member States to provide the necessary technical infrastructure for the
competent authorities.

Article 4 (2) requires Member States to designate national contact points.

Article 5

This  article  clarifies  the  individual  ownership  of  and  responsibility  for  the  provided
information.  It  sets  up  the  confidential  character  of  the  information  exchange  and  obliges
Member States to ensure that unauthorised access is excluded.

Article 6

Article  6  institutes  a  comitology  procedure  to  assist  in  the  management  of  the  network
according to Articles 3 and 7 of Decision 1999/468/EC. A consultative committee shall assist
the  Commission  in  laying  down  all  necessary  rules  and  measures  to  ensure  the
implementation of this Decision.

4

Article 7

This article describes how and when this Decision will enter into force.

Article 8

This article defines who is addressed by this decision.

5.  FINANCIAL STATEMENT

5

2003/0284 (CNS)

Proposal for a

COUNCIL DECISION

Establishing a secure web-based Information and Co-ordination Network for Member
States’ Migration Management Services

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
66 thereof,

Having regard to the proposal from the Commission2,

Having regard to the opinion of the European Parliament3,

Whereas:

(1) 

(2) 

(3) 

(4) 

The  Council’s  comprehensive  plan  to  combat  illegal  immigration  and  trafficking  of
human  beings  of  28  February  2002,  which  is  based  on  the  Commission’s
Communication of 15 November 2001 to the European Parliament and to the Council
on  a  common  policy  on  illegal  immigration4  ,requested  the  development  of  a  web-
based secure intranet site.

It  is  appropriate  that  such  a  web-based  intranet  site  be  used  to  establish  secure  and
rapid information exchange between Member States on irregular or illegal migratory
flows and phenomena. It is appropriate that the development and management of the
network be entrusted to the Commission.

Access  to  that  web-based  intranet  site  should  be  limited  to  authorised  users  in
compliance with the established terms, procedures and security measures.

Since  the  objectives  of  the  proposed  action,  namely  secure  and  rapid  information
exchange  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 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 necessary to achieve that objective

(5) 

This Decision respects the fundamental rights and observes the principles recognised
in particular by the Charter of Fundamental Rights of the European Union as general
principles of Community law.

2

3

4

OJ C , , p. .
OJ C , , p. .
COM (2001) 672

6

                                                
(6) 

(7) 

(8) 

(9) 

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995
on the protection of individuals with regard to the processing of personal data and on
the free movement of  such  data5  should  be  taken  into  account  in  the  context    of  the
web-based intranet site .

The measures necessary for the implementation of this Decision should be adopted in
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the
procedures for the exercise of implementing powers conferred on the Commission.

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the  European
Community,  Denmark  is  not  participating  in  the  adoption  of  this  Decision,  and  is
therefore not bound by it or subject to its application. Given that this Decision aims to
build  upon  the  Schengen  acquis  under  the  provisions  of  Title  IV  of  the  Treaty
establishing  the  European  Community,  in  accordance  with  Article 5  of  the  above-
mentioned  Protocol,  Denmark  will  decide  within  a  period  of  six  months  after  the
Council has adopted this Decision whether it will apply this Decision.

As  regards  the  Republic  of  Iceland  and  the  Kingdom  of  Norway,  this  Decision
constitutes  a  development  of  the  Schengen  acquis  within  the  meaning  of  the
Agreement  concluded  on  18 May 1999  between  the  Council  of  the  European  Union
and those two States. As a result of the procedures laid down in that Agreement, the
rights and obligations arising from this Decision should also apply to those two States
and  in  relations  between  those  two  States  and  the  Member  States    to  which  this
Decision is addressed,

HAS ADOPTED THIS DECISION:

Article 1

This Decision establishes a secure web-based Information and Co-ordination Network for the
exchanges of information on irregular migration, illegal entry and immigration and the return
of illegal residents.

Article 2

The  Commission  shall  be  responsible  for  the  development  and  management  of  the
1.
network,  including  the  structure  and  content  thereof  and  the  elements  for  information
exchange.

2.

The information exchange shall include at least the following:

(a)  Early Warning System on illegal immigration and facilitator networks;

(b) Network of Immigration Liaison Officers;

(c)  Visa, borders and travel documents relating to illegal immigration;

5

OJ L 281 , 23.11.1995, p. 31

7

                                                
(d) Return related issues;

The  network  shall  include  administrative  tools,  such  as  a  directory  of  participating

3.
units or officials and email, newsgroups and meeting functionality.

The Commission shall make use of the existing technical platform in the Community

4.
framework of the trans-European telematic network for administrations.

Article 3

In accordance with the procedure referred to in Article 6 (2) the Commission shall:

(a)  establish  the  terms  and  procedures  for  granting  full  or  selective  access  to  the

network;

(b) lay down rules and guidelines on the terms of use of the system, including rules
transmission,  storage,  archiving  and  deletion  of

the  confidentiality, 

on 
information and on standardised forms.

Article 4

Member States shall provide access to the network in compliance with the measures

1.
adopted by the Commission in accordance with Article 3.

 Member States shall designate national contact points and notify the Commission

2.
thereof.

Article 5

The  upload  of data on the network does  not  affect  the  ownership  of  the  information
1.
concerned. Authorised users shall remain solely responsible for the information they provide
and shall ensure that its contents are fully  compliant with  existing  Community  and  national
law.

2.
Unless it is marked as public the information provided is strictly limited to authorised
users of the network and must not be disclosed to third parties without prior permission of the
owner of the respective information.

3.

 Member States shall take the necessary security measures to:

(a)  prevent any unauthorised person from having access to the network;

(b) guarantee that, in using the network, authorised persons have access only to data

which are within their competence;

(c)  prevent information in the network from being read,  copied, modified or erased

by unauthorised persons;

Without  prejudice  to  paragraph  3,  further  security  measures  shall  be  adopted  by  the

4.
Commission in accordance with the procedure referred to in Article 6(2).

8

Article 6

The  Commission  shall  be  assisted  by  the  existing  “ARGO  Committee”  according  to

1.
Council Decision 2002/463/EC6.

 Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC

2.
shall apply.

This Decision shall enter into force on the twentieth day following that of its  publication in
the Official Journal of the European Union.

Article 7

Article 8

This Decision is addressed to the Member States.

Done at Brussels,

For the Council
The President

6

OJ L 161, 19.6.2002, p. 11

9

                                                
LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): Justice and Home Affairs

Activit(y/ies): 18 03 Immigration, asylum, visas…..(ABM)

TITLE OF ACTION: PROPOSAL FOR A COUNCIL DECISION ESTABLISHING A SECURE WEB-BASED
INFORMATION  AND  COORDINATION  NETWORK  FOR  MEMBER  STATES’  MIGRATION
MANAGEMENT SERVICES

1.

BUDGET LINE(S) + HEADING(S)

2.

OVERALL FIGURES

2.1.

Total allocation for action (Part B): € million for commitment

2.2.

Period of application:

The proposed legal instrument does indicate neither duration nor revision period.

2.3.

Overall multiannual estimate of expenditure:

(a)

Schedule  of  commitment  appropriations/payment  appropriations 
intervention) (see point 6.1.1)

(financial

€ million (to three decimal places)

2004

2005

2006

2007

2008

2009

Total

Commitments

Payments

(b)

Technical and administrative assistance and support expenditure(see point 6.1.2)

Commitments

Payments

Subtotal a+b

Commitments

Payments

10

(c)

Overall  financial  impact  of  human  resources  and  other  administrative  expenditure
(see points 7.2 and 7.3)

0,158

0,158

0,158

0,158

0,158

Commitments/
payments

TOTAL a+b+c

Commitments

0,158

0,158

0,158

0,158

0,158

Payments

0,158

0,158

0,158

0,158

0,158

0,790

0,790

2.4.

Compatibility with financial programming and financial perspective

X

Proposal is compatible with existing financial programming.

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial
perspective.

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional
Agreement.

2.5.

Financial impact on revenue:7

Proposal has no financial implications on revenue

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contributions
form applicant
countries

Heading in
financial
perspective

Non-comp

Non-diff

NO

NO

NO

No 3

4.

LEGAL BASIS

Article 66 TEC

7

For further information, see separate explanatory note.

11

                                                
5.

5.1.

DESCRIPTION AND GROUNDS

Need for Community intervention 8

5.1.1. Objectives pursued

The objective is to set up a comprehensive, modern and secure web-site for providing relevant
information  for  migration  management  services  involved  in  the  fight  against  illegal
immigration.

5.1.2. Measures taken in connection with ex ante evaluation

The  Commission  is  proposing  to  set  up  the  the  network  by  using  the  existing  technical
platform “CIRCA” (Communication and Information Resource Centre Administrator) of the
Commission. It is a web-based environment providing on-line-services with a common virtual
workspace  for  closed  user  groups.  It  is  being  employed  successfully  in  Committees  and
experts’  groups  for  instance  when  setting  up  a  network  of  national  contact  persons  and
exchanging information necessary for the establishment of the EURODAC system. It is also
employed for the SIS II committee and EURASIL.

5.1.3. Measures taken following ex post evaluation

The Commission will consider at regular intervals the possibility of introducing new elements
for information exchange in  line  with technological  developments  and  operational  needs,  in
addition to those, which are already laid down in the proposal.

5.2.

Action envisaged and budget intervention arrangements

The purpose of this proposal is to establish a secure web-based Information and Co-ordination
Network for Member States’ Migration Management Services. The use of IT for the exchange
of information is becoming indispensable for an effective co-operation between the Member
States in the field of illegal immigration. Given the flexibility of the web-based applications
this  network  can  support  a  wide  community  of  users  for  the  exchange  of  information
regarding illegal immigration, false documents, return, immigration liaison officers, etc.

The network is currently based on a common technical platform (CIRCA) that constitutes one
of the generic services funded by the IDA programme.

5.3.

Methods of implementation

The content of the network will be managed by Commission’s regular staff on the basis of the
information provided by the various users (national or international agencies).

8

For further information, see separate explanatory note.

12

                                                
6.

FINANCIAL IMPACT

6.1.

Total financial impact on Part B - (over the entire programming period)

6.1.1.

Financial intervention

Commitments (in € million to three decimal places)

Breakdown

2004

2005

2006

2007

2008

Total

[n+5
and
subs.
Years]

Upgrade of the platform

Action 2

etc.

TOTAL

6.1.2.

Technical  and  administrative  assistance,  support  expenditure  and  IT  expenditure
(commitment appropriations)

[Year
n]

[n+1]

[n+2]

[n+3]

[n+4]

Total

[n+5
and
subs.
years]

1) 
administrative assistance

Technical 

and

Technical 

a) 
offices

assistance

b)  Other 
administrative assistance:

technical 

and

- intra muros:

- extra muros:

of  which  for  construction
and 
of
maintenance 
computerised  management
systems

Subtotal 1

2) Support expenditure

a) Studies

b) Meetings of experts

c) Information and
publications

Subtotal 2

TOTAL

13

6.2.

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire
programming period)9

Breakdown

Commitments (in € million to three decimal places)

Type
of outputs
(projects, files )

Number of
outputs

Average unit
cost

(total for years
2004-08)

Total cost

(total for years
2004-08)

TOTAL COST

7.

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1.

Impact on human resources

Staff to be assigned to management of the
action using existing and/or additional
resources

Number of
permanent posts

Number of
temporary posts

Total

Description of tasks deriving from the
action

1 B

Managing the content and animating
the IT platform and preparing the
Committee meetings.,

1 B

1 B

Types of post

Officials 
temporary staff

or

A

B

C

Other human resources

Total

7.2.

Overall financial impact of human resources

Type of human resources

Amount (€)

Method of calculation *

Officials

Temporary staff

Other human resources

108.000

108.000 * 1

(specify budget line)

Total

108.000

The amounts are total expenditure for twelve months.

9

For further information, see separate explanatory note.

14

                                                
7.3.

Other administrative expenditure deriving from the action

Amount €

Method of calculation

50.000

4  additonal  meetings  of  the  ARGO
Committee * 25 * 500

Budget line

(number and heading)

Overall allocation (Title A7)

A0701 – Missions

A07030 – Meetings
A07031 – Compulsory committees 1
A07032 – Non-compulsory committees 1

A07040 – Conferences

A0705 – Studies and consultations

Other expenditure (specify)

Information systems (A-5001/A-4300)

Other expenditure - Part A (specify)

Total

50.000

The amounts are total expenditure for twelve months.

1 Specify the type of committee and the group to which it belongs.

I.

II.

III.

8.

Annual total (7.2 + 7.3)

Duration of action

Total cost of action (I x II)

€ 158.000

*5 years

€ 790.000

FOLLOW-UP AND EVALUATION

8.1.

Follow-up arrangements

The  Commission  will  lay  down  rules  and  guidelines  on  the  terms  of  use  of  the  system,
including  rules  on  the  confidentiality,  transmission,  storage,  archiving  and  deletion  of
information and on standardised forms.

The common technical platform (CIRCA) will be evaluated in the framework of the revision
of the IDA programme.

8.2.

Arrangements and schedule for the planned evaluation

The  Commission  will  consider  at  regular  intervals,  in  line  with  technological  developments
and  operational  needs,  the  inclusion  of  new  elements  for  information  exchange.  The
Commission will  permanently  monitor  the  use  made  of  the  network  by  the  members  of  the
interest group.

9.

ANTI-FRAUD MEASURES

The general antifraud provisions will be applicable.

15