2006/688/EC: Council Decision of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration
Date: 2006-10-05
Institutions: Council of the European Union
Subjects: EU law - national law, exchange of information, immigration, information system, right of asylum

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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 5 October 2006

on the establishment of a mutual information mechanism concerning Member States' measures in
the areas of asylum and immigration

(2006/688/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

establishing the European

(3)

Having regard to the proposal from the Commission,

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

Whereas:

(1)

as

for

programme,

known
strengthening the area of

On 4 November 2004 the European Council endorsed a
the Hague
multi-annual
Programme,
freedom,
security and justice, which calls for the development of
the second phase of a common policy in the field of
asylum, migration, visas and borders, which started on
1 May 2004, based,
inter alia, on closer practical co-
operation between Member States and an improved
exchange of information.

(2)

The development of common asylum and immigration
the Treaty of
policies since the entry into force of
Amsterdam has
interdependency
resulted in closer
between Member States' policies in these areas, making

(1) Opinion delivered on 3 May 2006. Not yet published in the Official

Journal.

the need for a more coordinated approach of national
policies essential for strengthening the area of freedom,
security and justice.

In conclusions adopted at its meeting of 14 April 2005,
the Justice and Home Affairs Council called for the estab-
information between
lishment of a system of mutual
those in charge of migration and asylum policy in the
Member States, based on the necessity to communicate
information on measures considered likely to have a
significant impact on several Member States or on the
European Union as a whole and allowing for an
exchange of views between Member States and the
Commission at the request of any one of the Member
States or the Commission.

(4)

(5)

The information mechanism should be based on soli-
darity, transparency and mutual confidence and should
provide a flexible, rapid and non-bureaucratic channel for
exchanging information and views on national asylum
and immigration measures at European Union level.

this Decision,
For the purposes of the application of
national asylum and immigration measures which are
likely to have a significant impact on several Member
States or on the European Union as a whole may
comprise policy intentions,
long-term programming,
the
draft and adopted legislation,
highest courts or tribunals which apply or interpret
measures of national
law and administrative decisions
affecting a significant number of persons.

final decisions of

(6)

Communication of the relevant information should take
place at
the latest when the measures concerned be-
come publicly available. Member States are however
encouraged to transmit it as soon as possible.

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(7)

(8)

(9)

(10)

(11)

(12)

For reasons of efficiency and accessibility, a web-based
network should be an essential element of the infor-
mation mechanism concerning national measures in the
areas of asylum and immigration.

areas of asylum and immigration that are likely to have a
significant
impact on several Member States or on the
European Union as a whole.

The exchange of
information on national measures
through a web-based network should be complemented
by the possibility of exchanging views on such measures.

2.
The mechanism referred to in paragraph 1 allows for the
preparation of exchanges of views and debates on such
measures.

The information mechanism established by this Decision
should be without prejudice to the right of Member
States to request ad-hoc discussions in the Council on
national measures at any time,
in accordance with the
Council's rules of procedure.

Since the objectives of this Decision, namely secure infor-
mation exchange and consultation between Member
States, cannot be sufficiently achieved by the Member
States and can therefore, by reason of
the effects of
this Decision, be better achieved at Community level,
in accordance
the Community may adopt measures,
with the principle of subsidiary 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.

in accordance with
The United Kingdom and Ireland,
Article 3 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, have given notice of
their wish to take
part in the adoption and application of this Decision.

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 does not take part in
the adoption of this Decision and is therefore not bound
by it or subject to its application,

Article 2

Information to be submitted

1. Member States shall communicate to the Commission and
the other Member States information on the measures which
in the areas of
they intend to take, or have recently taken,
asylum and immigration, where these measures are publicly
available and are likely to have a significant impact on several
Member States or on the European Union as a whole.

Such information shall be transmitted as soon as possible and at
the latest when it becomes publicly available. This paragraph is
subject to any confidentiality and data protection requirements
that may apply to a particular measure.

Each Member State shall be responsible for evaluating whether
its national measures are likely to have a significant impact on
several Member States or on the European Union as a whole.

The information pursuant

2.
to paragraph 1 shall be
communicated through the network referred to in Article 3,
using the reporting form annexed to this Decision.

3.
The Commission or a Member State may request addi-
information concerning the information communicated
tional
by another Member State through the network. In such a case,
the Member State concerned shall provide additional
infor-
mation within one month.

HAS ADOPTED THIS DECISION:

Information on final decisions of
apply or interpret measures of national
subject of a request
paragraph.

for additional

the highest Courts which
law shall not be the
this

information under

Article 1

Subject matter and scope

1.
This Decision establishes a mechanism for the mutual
exchange of information concerning national measures in the

The possibility for providing additional

4.
information
referred to in paragraph 3 may also be used by the Member
States to provide information on measures not covered by the
obligation referred to in paragraph 1, on their own initiative or
upon request of the Commission or another Member State.

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Article 3

The network

The network for

1.
accordance with this Decision shall be web-based.

exchange of

the

information in

2.
The Commission shall be responsible for the development
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 in the network.

3.
For the practical set up of the network, the Commission
shall make use of the existing technical platform within the
trans-European telematic
Community
information between the
network for
Member States authorities.

framework of
the
the interchange of

A specific functionality of the network shall be provided
4.
in order to allow the Commission and the Member States to
request
infor-
from one or more Member States additional
mation on communicated measures, as indicated in Article
2(3), and other information, as indicated in Article 2(4).

5. Member States shall designate national contact points
having access to the network and notify the Commission
thereof.

6. When necessary for the development of the network the
Commission may conclude agreements with Institutions of the
European Community, as well as with bodies governed by
public law established under
the Treaties establishing the
European Communities or established within the framework
of the European Union.

by the Member States. With a view to preparing such a report
and identifying issues of common interest, Member States shall
be associated with the Commission for this preparatory work,
which may include technical meetings throughout the reporting
period consisting in an exchange of views with Member States'
experts on information submitted under Article 2.

The general
Parliament and to the Council.

report

shall be transmitted to the European

2. Without prejudice to the possibility of holding ad-hoc
consultations within the Council, the general report prepared
by the Commission shall constitute the basis for a debate on
level.
national asylum and immigration policies at ministerial

Article 5

Evaluation and Review

The Commission shall
mechanism two years after
Decision
regularly
Commission shall propose amendments to it.

functioning of
the entry into force of
appropriate,

thereafter.

evaluate

and

the

If

the
this
the

Article 6

Entry into force

This Decision shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 7

Addressees

The Commission shall inform the Council whenever a request
for such access is submitted and when access to such Insti-
tutions and/or bodies is granted.

This Decision is addressed to the Member States in accordance
with the Treaty establishing the European Community.

Article 4

Done at Luxembourg, 5 October 2006.

Exchanges of views, the general report and discussions at
ministerial level

1.
The Commission shall, once a year, prepare a general
report summarizing the most relevant information transmitted

For the Council
The President

K. RAJAMÄKI

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ANNEX