European Parliament legislative resolution on the proposal for a Council decision on the establishment of a mutual information procedure concerning Member States' measures in the areas of asylum and immigration (COM(2005)0480 - C6-0335/2005 - 2005/0204(CNS))
Date: 2006-07-06
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Internet, administrative cooperation, cooperation policy, exchange of information, immigration, right of asylum

13.12.2006

EN

Official Journal of the European Union

C 303 E/825

Thursday, 6 July 2006

P6_TA(2006)0313

Mutual information procedure *

European Parliament legislative resolution on the proposal for a Council decision on the establish-
ment of a mutual information procedure concerning Member States' measures in the areas of
asylum and immigration (COM(2005)0480 — C6-0335/2005 — 2005/0204(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2005)0480) (1),

— having regard to Article 66 of the EC Treaty,

— having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0335/2005),

— having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

— having regard to Rules 51, 41(4) and Rule 35 of its Rules of Procedure,

— having regard to the report of

the Committee on Civil Liberties,

Justice and Home Affairs

(A6-0186/2006),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council
substantially;

to consult Parliament again if

it

intends to amend the Commission proposal

5.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 3a (new)

This procedure should operate on two levels: on the
(3a)
one hand, via a web-based network, the Member States'
administrations inform each other on the measures taken at
national level in areas of asylum and immigration; on the
other, the political authorities engage in regular debates at
European level on those areas.

Amendment 2

Recital 4

The information procedure should be based on solidarity,

(4)
transparency and mutual confidence;

(4)
The information procedure should be based on solidarity,
transparency and mutual confidence and should result in a
concerted and coordinated approach to the asylum and immi-
gration policies of the Member States.

(1) Not yet published in the OJ.

C 303 E/826

EN

Official Journal of the European Union

13.12.2006

Thursday, 6 July 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 3

Recital 4a (new)

(4a)
The creation of this procedure should lead to the
simplification, rationalisation and regrouping of the systems,
structures and networks existing at Community level in the
areas of asylum and immigration.

Amendment 4

Recital 5

(5)
For reasons of efficiency and accessibility, a web-based
network should be the essential element of the information
procedure concerning national measures in the areas of asylum
and immigration;

(5)
For reasons of efficiency and accessibility, a web-based
network managed by the Commission, which will ensure its
security and confidentiality, should be the essential element of
the information procedure concerning national measures in the
areas of asylum and immigration.

Amendment 5

Recital 7

Since the objectives of

(7)
this Decision, namely secure
information exchange and consultation 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 subsi-
diarity 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 in order to
achieve those objectives;

(7)
Since the objectives of this Decision, namely to secure
information exchange and improve coordination and consulta-
tion 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 neces-
sary in order to achieve those objectives.

Amendment 6

Article 1

This Decision establishes a procedure for the mutual exchange
of information concerning national measures in the areas of
asylum and immigration using a web-based network and
allowing for an exchange of views on such measures.

This Decision establishes a procedure for the mutual exchange
of information concerning national measures in the areas of
asylum and immigration using a web-based network. This
procedure shall make it possible to prepare regular exchanges
of views on measures liable to have a significant impact in
several Member States or at Community level, not only at the
administrative level but also at the political level within the
Council.

13.12.2006

EN

Official Journal of the European Union

C 303 E/827

TEXT PROPOSED
BY THE COMMISSION

Thursday, 6 July 2006

AMENDMENTS
BY PARLIAMENT

Amendment 7

Article 2, paragraph 1, introductory wording and point a

1. Member States shall communicate to the Commission
and the other Member States the following measures which
they intend to take in the areas of asylum and immigration if
these measures are susceptible of having an impact on other
Member States or on the Community as a whole:

1. Member States shall communicate to the Commission
and the other Member States the following measures which
they intend to take or have taken in the areas of asylum and
immigration if these measures are susceptible of having an
impact on other Member States,
such as diverting or
attracting migratory flows to or from another Member State,
or on the Community as a whole:

(a) draft legislation, at the latest at the time of submission for

adoption; and

(a)

legislative texts, at the latest at the time of their adoption
or immediately after; and

Amendment 10

Article 2, paragraph 1a (new)

1a. Member States shall communicate to the Commission
and the other Member States measures relating to legal
immigration and the fight against illegal immigration likely
to have a significant impact on other Member States, no
later than when they are presented for adoption.

Amendment 11

Article 2, paragraph 2, introductory wording

2. Member States shall communicate to the Commission
and the other Member States:

deleted

Amendment 12

Article 2, paragraph 2, point a

(a) The final texts of the measures referred to in paragraph 1
(a) at the time when they are adopted or immediately
thereafter;

deleted

Amendment 13

Article 2, paragraph 2, point b

(b) The final texts of the measures referred to in paragraph 1
(b) at the time when the Member State expresses its
consent to be bound by such a measure or immediately
thereafter.

deleted

C 303 E/828

EN

Official Journal of the European Union

13.12.2006

Thursday, 6 July 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 14

Article 2, paragraph 3, introductory wording and point a

3. Member States shall communicate to the Commission
and the other Member States the following decisions if they are
susceptible of having an impact on other Member States or on
the Community as a whole:

3. Member States shall communicate to the Commission
and the other Member States the following decisions if they are
susceptible of having an impact on other Member States, such
as diverting or attracting migratory flows to or from another
Member State, or on the Community as a whole:

(a) Final decisions of courts or tribunals which apply or inter-
law in the areas of asylum or
pret measures of national
immigration, at the time when they are delivered or imme-
diately thereafter; and

(a) Final decisions of national and international courts or
including those that establish a precedent,
tribunals,
which apply or interpret measures of national law or inter-
national agreements in the areas of asylum and immigra-
tion, at the time when they are delivered or immediately
thereafter; and

Amendment 15

Article 2, paragraph 5

5.
The Commission or a Member State may request addi-
tional information concerning a particular measure or decision
communicated by another Member State through the network.
In such a case, the Member State concerned shall provide addi-
information concerning that measure or decision,
tional
within two weeks of
the request being made through the
network. The additional information shall be made available to
the Commission and the other Member States through the
network.

5.
The Commission or a Member State may request addi-
tional information concerning a particular measure or decision
communicated by another Member State through the network.
In such a case, the Member State concerned shall provide addi-
tional
information, within four weeks of the request being
made through the network. The additional information shall
be made available to the Commission and the other Member
States through the network.

Amendment 16

Article 2, paragraph 5a (new)

Individual Member States and/or the Commission may
5a.
request information on measures not communicated before-
hand by a Member State, where they consider that those
measures are liable to have an impact on migration in the
Member State requesting the information or in the Com-
munity as a whole.

Amendment 17

Article 2, paragraph 6

6.
Each Member State shall ensure that a summary of the
text of every measure or decision it transmits through the
network is available in an official language of the Community
other than its own. This summary shall at least include the
objectives and scope of the concerned measure or decision, its
main provisions and an estimation of the impact it could
have on other Member States or on the Community as a
whole.

6.
Each Member State shall ensure that the measures, deci-
sions and evaluations it transmits through the network are
available in one of the three most frequently used official
languages of the Community other than its own.

13.12.2006

EN

Official Journal of the European Union

C 303 E/829

TEXT PROPOSED
BY THE COMMISSION

Amendment 18

Article 4, paragraph 2

Thursday, 6 July 2006

AMENDMENTS
BY PARLIAMENT

2.
The Commission shall be responsible for the develop-
ment and management of the network, including the structure
and content of the network and access to it. The network shall
include appropriate measures to guarantee its confidentiality.

2.
The Commission shall be responsible for the develop-
ment and management of the network, including the structure
and content of the network and access to it. The network shall
include appropriate measures to guarantee the confidentiality
of all or part of the information concerned.

Amendment 30

Article 4, paragraph 2a (new)

2a.
Legislative texts already adopted in each Member State
and available on the network and final decisions of national
and international courts and tribunals shall be available to
the public.

Amendment 20

Article 4, paragraph 3a (new)

3a. When establishing the mutual information procedure,
Member States shall supply data concerning the state of play
as regards their national
law, thus creating a basic ‘data
bank’.

Amendment 21

Article 4, paragraph 4a (new)

4a.
The network shall have a specific function enabling
Member States to issue requests for information of a specific
nature addressed to one or more Member States and/or the
Commission, in the areas concerned by this Decision.

Amendment 22

Article 4, paragraph 4b (new)

4b.
The network shall have a specific function enabling
the machine translation of on-line information into all the
official languages of the Community, or, at least, the most
widely-used ones, thereby making it easier to understand the
documents.

Amendment 23

Article 4, paragraph 5a (new)

5a.
A secure access point for the network shall be created
at the European Parliament for the use of the Members
thereof.

C 303 E/830

EN

Official Journal of the European Union

13.12.2006

Thursday, 6 July 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 24

Article 5, paragraph 1

The Commission may, on its initiative or on demand of
1.
a Member State, organise an exchange of views with Member
States' experts on a particular national measure submitted
under articles 2 and 3 of this Decision. The Member State
whose measure is the object of discussion shall be represented
at the exchange of views.

The Commission shall draw up a twice-yearly report
1.
summarising the information forwarded by the Member
States. In preparing its report, the Commission may further
consult the Member States. That report shall be forwarded to
the European Parliament and the relevant services of the
Council with a view to providing the political authorities
with a basis for their exchanges of views.

Amendment 25

Article 5, paragraph 2

The purpose of the exchange of views shall be the iden-

2.
tification of issues of common interest.

deleted

Amendment 26

Article 6, paragraph 1

The Commission shall evaluate the functioning of the system 3
years after the entry into force of this Decision and regularly
thereafter.

The Commission shall evaluate the functioning of the system
two years after the entry into force of this Decision and regu-
larly thereafter.

P6_TA(2006)0314

Modification of the Protocol on Privileges and Immunities

European Parliament resolution on modification of the Protocol on Privileges and Immunities

The European Parliament,

— having regard to its resolution of 23 June 2005 on the amendment of its decision of 4 June 2003 on

the adoption of the Statute for the Members of the European Parliament (1),

— having regard to the Declaration of 3 June 2005 by Representatives of the Member States, meeting
within Council, in which they agreed that ‘when an instrument laying down the regulations and general
conditions governing the performance of duties of Members of the European Parliament is adopted
pursuant to the terms of Article 190(5) of the Treaty, they will examine the request of Parliament to
revise the relevant provisions of the Protocol on Privileges and Immunities of the European Communities
of 1965 insofar as it concerns the Members of the European Parliament with a view to reach a conclu-
sion as soon as possible’,

— having regard to Rule 108(5) of its Rules of Procedure,

A. whereas its resolution of 23 June 2005 considered the Declaration of 3 June 2005 to be an essential

element for a compromise with the Council on the Statute,

(1) OJ C 133 E, 8.6.2006, p. 48.