Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network
Date: 2004-02-19
Institutions: Council of the European Union
Subjects: civil servant, cross-border cooperation, exchange of information, illegal migration, immigration, return migration

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 377/2004

of 19 February 2004

on the creation of an immigration liaison officers network

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 63(3)(b) and Article 66
thereof,

Having regard to the initiative of the Hellenic Republic (1),

Having regard to the opinion of the European Parliament,

(6)

Whereas:

(1)

(2)

(3)

(4)

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 2002 envisages the
setting up of networks of immigration liaison officers
posted in third countries.

In the conclusions of its meeting of 21 and 22 June
2002 the Seville European Council called for the crea-
tion of a network of immigration liaison officers of the
Member States before the end of 2002.

At
its meeting of 28 and 29 November 2002 the
Council adopted conclusions on the improvement of the
Immigration Liaison Officers Network, taking note of
the report of the Presidency, showing that a network of
liaison officers is in place in most of
the countries
surveyed in the report, but noting also that there was a
need to further strengthen this network.

instrument

The Thessaloniki European Council of 19 and 20 June
2003 emphasised the need for acceleration of work on
adopting the appropriate legal
formally
establishing the Immigration Liaison Officers (ILO's)
network in third countries, at the earliest possible date
and before the end of 2003. The European Council also
referred to the importance of the information to be
provided by the ILO's network in developing an evalua-
tion mechanism to monitor relations with third coun-
tries which do not cooperate with the European Union
in combating illegal immigration.

(5)

Following the Thessaloniki European Council, it is neces-
sary to formalise the existence and functioning of such a
network — drawing on experiences gained in the opera-
including the Belgian-led
tion of

running projects,

(1) OJ C 140, 14.6.2003, p. 12.

Western Balkans ILO network — through a legally
binding act, setting 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 qualifications of such liaison
officers, as well as their responsibilities vis-à-vis the host
country and the sending Member State.

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
may be necessary to improve further the overall manage-
ment of the controls on persons at the external borders
of the Member States.

Taking into account Council Decision 2003/170/JHA of
27 February 2003 on the common use of liaison officers
posted abroad by the law enforcement agencies of the
Member States (2).

As regards Iceland and Norway, this Regulation consti-
tutes a development 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 develop-
ment of the Schengen acquis (3), 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 that Agreement (4).

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on Euro-
pean Union and to the Treaty establishing the European
Community, Denmark is not taking part in the adoption
of this Regulation and is not bound by it or subject to
its application. Given that this Regulation builds upon
the Schengen acquis under the provisions of Title IV of
Part Three of the Treaty establishing the European Com-
munity, Denmark shall, in accordance with Article 5 of
the said Protocol, decide within a period of six months
after the Council has adopted this Regulation whether it
will implement it in its national law.

(7)

(8)

(9)

(2) OJ L 67, 12.3.2003, p. 27.
(3) OJ L 176, 10.7.1999, p. 36.
(4) OJ L 176, 10.7.1999, p. 31.

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(10)

(11)

(12)

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
the United
Kingdom of Great Britain and Northern Ireland to take
part in some of the provisions of the Schengen acquis (1).

request of

into the framework of

Ireland is taking part in this Regulation, in accordance
with Article 5 of the Protocol integrating the Schengen
the European Union
acquis
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 the request of Ireland to take
part in some of the provisions of the Schengen acquis (2).

The participation of the United Kingdom and Ireland in
this Regulation in accordance with Article 8(2) of
Council Decision 2000/365/EC of 29 May 2000 and
Article 6(2) of Council Decision 2002/192/EC of 28
February 2002 relates to the responsibilities of the Com-
munity for taking measures developing the provisions of
the Schengen acquis against the organisation of illegal
immigration in which the United Kingdom and Ireland
participate.

also to the competent authorities of the third countries, as well
as to international organisations for a reasonable time period to
be determined by the posting Member State.

This Regulation is without prejudice to the tasks of immi-
4.
gration liaison officers within the framework of their responsi-
bilities under national
law, policies or procedures or under
special agreements concluded with the host country or interna-
tional organisations.

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 either at the operational level, or at a strategic level, or
both. Such information shall in particular concern issues such
as:

— flows of illegal

immigrants originating from or transiting

through the host country,

(13)

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,

— routes followed by those flows of

illegal

immigrants in

order to reach the territories of the Member States,

HAS ADOPTED THIS REGULATION:

Article 1

1.
In this Regulation ‘immigration liaison officer’ means a
representative of one of the Member States, posted abroad by
the immigration service or other competent authorities in
order to establish and maintain contacts with the authorities of
the host country with a view to contributing to the prevention
and combating of
illegal
immigrants and the management of legal migration.

the return of

immigration,

illegal

— their modus operandi,

including the means of transport

used, the involvement of intermediaries, etc.,

— the

existence and activities of criminal organisations

involved in the smuggling of immigrants,

— incidents and events that may be or become the cause for
immi-

new developments with respect to flows of illegal
grants,

— methods used for counterfeiting or falsifying identity docu-

ments and travel documents,

— ways and means to assist the authorities in host countries
in preventing illegal immigration flows originating from or
transiting through their territories,

— ways and means to facilitate the return and repatriation of

illegal immigrants to their countries of origin,

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

— legislation and legal practices relevant to the issues referred

to above,

3.
The immigration liaison officers could be posted to the
national consular authorities of Member States in third coun-
tries or to the relevant authorities of other Member States, but

(1) OJ L 131, 1.6.2000, p. 43.
(2) OJ L 64, 7.3.2002, p. 20.

— information transmitted via the early warning system.

3.
Immigration liaison officers shall also be entitled to
render assistance in establishing the identity of third country
nationals and in facilitating their return to their country of
origin.

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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 or international organisations.

The Member State holding the Presidency of the Council
3.
of the European Union shall take the initiative to hold such
meetings. If the Member State holding the Presidency is not
represented in the country or region, it is up to the Member
State serving as acting Presidency to take the initiative to hold
the meeting.

Article 3

Article 5

1. Member States shall systematically and without delay
inform one another, the Council and the Commission of their
secondments of
including a
description of their duties. The Commission shall provide a
collection of
this information to the Council and Member
States.

immigration liaison officers,

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
States to express an interest in concluding a cooperative agree-
ment 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 or regions constitute
local or regional cooperation networks among each other.
Within the framework of such networks immigration liaison
officers shall, in particular:

— meet regularly and whenever necessary,

— exchange information and practical experience,

— coordinate positions

to be adopted in contacts with

commercial carriers, when appropriate,

— attend joint specialised training courses, when appropriate,

— organise information sessions and training courses for
members of
the
missions of the Member States in the host country, when
appropriate,

the diplomatic and consular staff of

— adopt common approaches as to methods of collecting and
reporting strategically relevant information, including risk
analyses,
the sending
Member States,

to the competent authorities of

— contribute to the biannual reports of their common activ-
ities, which are drafted in accordance with Article 6(1),

— set up regular contacts with similar networks in the host
country and in neighbouring third countries, as appro-
priate.

Representatives of

the European Commission shall be
2.
entitled to participate in the meetings organised within the
framework of immigration liaison officers network, although if
operational considerations so require, meetings may be held in
the absence of a representative of the European Commission.
Other bodies and authorities may also be invited, as appro-
priate.

1. Member States may bilaterally or multilaterally agree that
immigration liaison officers who are posted to a third country
or international organisation 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

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 on the activities of immigration liaison officers networks
in which it has a representative, as well as on the situation in
the host country, in matters relating to illegal immigration to
the Council and the Commission.

Such reports shall be drawn up in accordance with a

2.
model and a format established by the Commission.

3.
These reports will constitute an essential form of informa-
tion for the preparation, at the end of each Presidency, of an
evaluation report to be submitted to the Council, and drafted
by the Commission, on the existing situation in every third
country, where Member States' immigration liaison officers are
posted.

4.
The Commission shall, on the basis of the abovemen-
tioned reports include a factual summary in its annual report
on the development of a common policy on illegal immigra-
tion, smuggling and trafficking of human beings, external
borders and the return of illegal residents. When presenting its
evaluation to the Council, the Commission may make such
proposals or recommendations as it deems appropriate.

Article 7

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

Article 8

This Regulation shall enter into force on 5 January 2004.

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

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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 Brussels, 19 February 2004.

For the Council

The President

M. McDOWELL