2005/267/EC: Council Decision of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services
Date: 2005-03-16
Institutions: Council of the European Union
Subjects: Internet, access to information, data protection, fight against crime, illegal migration, information network, migratory movement, trafficking in human beings

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Official Journal of the European Union

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 16 March 2005
establishing a secure web-based Information and Coordination Network for Member States’
Migration Management Services

(2005/267/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

establishing the European

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

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
the development of a
secure web-based intranet site to establish secure and
rapid information exchange between Member States on
irregular or illegal migratory flows and phenomena.

immigration, called for

The development and management of
should be entrusted to the Commission.

the network

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

Since the objectives of this Decision, namely secure and
rapid information exchange between Member States,
cannot be sufficiently achieved by the Member States

the effects of

the
and can therefore, by reason of
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 propor-
tionality, as set out in that Article, this Decision does not
go beyond what is necessary in order to achieve those
objectives.

(5)

(6)

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

fundamental

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 data (2) and Regu-
the European Parliament
lation (EC) No 45/2001 of
and of
the Council of 18 December 2000 on the
protection of individuals with regard to the processing
of personal data by the Community institutions and
such data (3)
bodies and on the free movement of
the
should be taken into account
web-based intranet site.

in the context of

(7)

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
implementing powers
the exercise of
procedures for
conferred on the Commission (4).

(1) Opinion delivered on 20 April 2004 (not yet published in the

Official Journal).

(2) OJ L 281, 23.11.1995, p. 31.
(3) OJ L 8, 12.1.2001, p. 1.
(4) OJ L 184, 17.7.1999, p. 23.

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(8)

(9)

to its application. Given that

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 participating in
the adoption of this Decision, and is therefore not bound
by it or subject
this
Decision builds upon the Schengen acquis under the
provisions of Title IV of Part Three of the Treaty estab-
lishing the European Community, except insofar as it
the
establishes
on
problems associated with the return of
third-country
nationals other than those who do not fulfil or who
no longer fulfil the conditions for a short stay applicable
within the territory of a Member State by virtue of the
in
provisions of
accordance with Article 5 of
aforementioned
Protocol, shall decide within a period of six months
after the Council has adopted this Decision whether it
will implement it in its national law.

Schengen acquis, Denmark,
the

information

exchange

the

an

of

the provisions of

the Schengen acquis,

As regards the Republic of Iceland and the Kingdom of
Norway, except insofar as it establishes an exchange of
information on the problems associated with the return
of third-country nationals other than those who do not
fulfil or who no longer fulfil the conditions for a short
stay applicable within the territory of a Member State by
virtue of
this
Decision constitutes a development of the provisions of
the
the
Schengen acquis within the meaning of
Agreement concluded on 18 May 1999 by the Council
of the European Union and the Republic of Iceland and
the Kingdom of Norway concerning the association of
those two States with the implementation, application
and development of the Schengen acquis (1), which fall
within the areas referred to in Article 1, points A, B, C
and E of Council Decision 1999/437/EC of 17 May
1999 on certain arrangements for the application of
that Agreement (2).

the provisions of

(10) As regards Switzerland, except insofar as it establishes an
exchange of information on the problems associated with
the return of third-country nationals other than those
who do not fulfil or who no longer fulfil the conditions
for a short stay applicable within the territory of a
Member State by virtue of
the
Schengen acquis, this Decision constitutes a development
the Schengen acquis within the
of
meaning
between the
signed
European Union,
the European Community and the
Swiss Confederation concerning the implementation,
application and development of the Schengen acquis (3),
which fall within the areas referred to in Article 1, points
A, B, C and E of Decision 1999/437/EC read in
conjunction with Article 4(1) of Council Decision
2004/849/EC of 25 October 2004 (4) and of Council

the provisions of
of

the Agreement

Decision 2004/860/EC of 25 October 2004 (5) on the
signing of that Agreement on behalf of the European
Union and the European Community, respectively, and
on the provisional application of certain provisions
thereof.

(11) An arrangement has to be made to allow representatives
of Iceland, Norway and Switzerland to be associated with
the work of the committee assisting the Commission in
the exercise of its implementing powers pursuant to this
Decision with respect to the provisions constituting a
development of the Schengen acquis.

(12)

(13)

(14)

The United Kingdom is taking part in this Decision, 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 (6), to the extent
that its measures develop provisions of the Schengen
acquis against the organisation of illegal immigration in
which the United Kingdom participates, and the Protocol
on the position of
the United Kingdom and Ireland
annexed to the Treaty on European Union and to the
Treaty establishing the European Community, having
notified under Article 3 thereof its wish to take part in
the adoption and application of this Decision.

Ireland is taking part in this Decision, 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 estab-
lishing 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 (7), to the extent
that its measures develop provisions of the Schengen
acquis against the organisation of illegal immigration in
which Ireland participates.

In accordance with Articles 1 and 2 of the Protocol on
the position of the United Kingdom and Ireland annexed
to the Treaty on European Union and to the Treaty
establishing the European Community, and without
prejudice to Article 4 of the said Protocol,
Ireland is
not taking part in the adoption of this Decision and is
not bound by it or subject to its application to the extent
that
the
its measures do not develop provisions of
Schengen acquis against the organisation of illegal immi-
gration in which Ireland participates,

(1) OJ L 176, 10.7.1999, p. 36.
(2) OJ L 176, 10.7.1999, p. 31.
(3) 13054/04, accessible on http://register.consilium.eu.int
(4) OJ L 368, 15.12.2004, p. 26.

(5) OJ L 370, 17.12.2004, p. 78.
(6) OJ L 131, 1.6.2000, p. 43.
(7) OJ L 64, 7.3.2002, p. 20.

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HAS ADOPTED THIS DECISION:

Article 4

Article 1

This Decision establishes a secure web-based Information and
Coordination Network for the exchange 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
1.
and management of the network, including the structure and
content thereof and the elements for information exchange.

The elements for information exchange shall

2.
least the following:

include at

1. Member States shall provide access to the network in
compliance with the measures adopted by the Commission in
accordance with Article 3.

2. Member States shall designate national contact points and
notify the Commission thereof.

Article 5

1.
The uploading of data onto the network shall not affect
the ownership of the information 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.

(a) early warning system on illegal immigration and facilitator

networks;

Unless marked as public, the information provided shall
2.
be strictly limited to authorised users of the network and shall
not be disclosed to third parties without prior permission of the
owner of the information concerned.

(b) network of immigration liaison officers;

(c)

information on the use of visas, borders and travel
documents in relation to illegal immigration;

3. Member States shall take the necessary security measures
to:

(d) return-related issues.

network;

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

The network shall

3.
include all the appropriate tools, the
confidentiality of which shall be determined in accordance with
the procedure referred to in Article 6(2).

(b) guarantee that, when using the network, authorised persons
have access only to data which are within their sphere of
competence;

The Commission shall make use of the existing technical
the trans-
interchange of data

4.
platform within the Community framework of
European telematic network for
between administrations.

the

(c) prevent

information on the network from being read,

copied, modified or erased by unauthorised persons.

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 on the confidentiality, transmission,
storage,
information and on stan-
dardised forms.

filing and deletion of

security
4. Without prejudice
measures shall be adopted by the Commission in accordance
with the procedure referred to in Article 6(2).

to paragraph 3,

further

Article 6

1.
The Commission shall be assisted by the Committee set
up under Council Decision 2002/463/EC of 13 June 2002
adopting an action programme for administrative cooperation
in the fields of external borders, visas, asylum and immigration
(ARGO programme) (1).

(1) OJ L 161, 19.6.2002, p. 11.

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

3.

The Committee shall adopt its Rules of Procedure.

Article 8

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

1. Where necessary for the development of the network, the
Commission shall conclude agreements with bodies governed
by public law established under the Treaties establishing the
European Communities or established within the framework
of the European Union.

The Commission shall inform the Council of the progress

2.
made in the negotiations of any such agreements.

Article 9

This Decision is addressed to the Member States.

Done at Brussels, 16 March 2005.

For the Council
The President

J. ASSELBORN