Proposal for a Council Decision establishing a European Migration Network {SEC(2007)1062}
Date: 2007-08-10
Institutions: European Commission
Subjects: EU financing, EU migration policy, admission of aliens, cooperation policy, exchange of information, immigration, information network, operation of the Institutions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.8.2007 
COM(2007)466 final 

2007/0167(CNS) 

Proposal for a 

COUNCIL DECISION 

establishing a European Migration Network 

(presented by the Commission) 

{SEC(2007)1062} 

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EXPLANATORY MEMORANDUM 

1. 

Context and objective of the proposal 

Already  in  1994,  the  European  Commission  stressed,  in  its  first  communication  on 
immigration  and  asylum  policies1,  the  value  of  creating  a  mechanism  to  monitor  migration 
flows on a comprehensive and EU-wide basis. In response, a feasibility study was carried out 
in 19962. 

Following the entry into force of the Treaty of Amsterdam on 1 May 1999 and the European 
Council  at  Tampere  in  October  1999,  the  European  Union  committed  itself  to  developing  a 
common  policy  on  immigration  and  asylum  to  ensure  more  effective  management  of 
migration  flows  to  the  EU.  This  commitment  emphasises  fair  treatment  of  third  country 
nationals,  partnership  with  countries  of  origin,  and  a  balanced  approach  to  migration 
management, as well as the development of a common European asylum system.  

In its conclusions the Laeken European Council of December 2001 invited the Commission 
'to  establish  a  system  for  exchange  of  information  on  asylum,  migration  and  countries  of 
origin'.  In  response  to  the  need  for  more  and  better  information  on  migratory  issues,  a  new 
budget  line  (budget  line  18  03  05  (ex  B5-814))  was  included  in  the  2002  budget  of  the 
European  Communities  as  a  pilot  project  with  the  aim  to  set  up  a  'European  Migration 
Monitoring Centre' and improve statistics in the field of migration and asylum. Owing to the 
delay in setting up the network, activities funded under the 2002 budget line effectively began 
in 2003 and since then there has been a one year difference between the budget line year and 
implementation  year.  The  project,  which  eventually  took  the  name  'European  Migration 
Network', continued from 2003 as a preparatory action, until 2006 (budget line year 2005).  

At  the  Thessaloniki  European  Council  of  June  2003  the  Heads  of  State  and  Government 
recognised  the  'importance  of  monitoring  and  analysing  the  multidimensional  migration 
phenomenon'  and  endorsed  the  creation  of  the  European  Migration  Network.  They  also 
supported examining the possibility of creating a permanent structure in the future.  

Endorsed by the European Council in November 2004, the Hague Programme builds on the 
framework  of  the  Tampere  programme  to  advance  a  new  agenda  on  freedom,  security  and 
justice in the EU. In the on-going development of European immigration and asylum policy, 
the  Hague  programme  highlights  the  importance  of  'reinforcing  the  collection,  provision, 
exchange  and  effective  use  of  up-to-date  information  and  data  on  all  relevant  migratory 
developments', as well as the need for harmonisation of data and information at Member State 
level.  

The  continuous  development  since  the  entry  into  force  of  the  Treaty  of  Amsterdam  of 
common  European  policies  in  the  areas  of  migration  and  asylum  needs  to  be  supported  by 
comparable,  reliable  and  objective  information  and  data,  at  national  and  European  level. 
Common  policies  to  better  manage  migration,  call  for  common  analyses  of  migratory 
phenomena. Important information needs, as already identified by the 1996 feasibility study 

1 

2 

COM(94)23  –  Communication  from  the  Commission  to  the  Council  and  the  European  Parliament  on 
Immigration and Asylum Policies 
1996 Feasibility Study for a European Migration Observatory 

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and confirmed by the 2005 evaluation of the EMN3, continue to exist in the field of migration 
and  asylum  for  policy  makers  at  both  EU  and  Member  States  level,  which  the  future  EMN 
structure should contribute to satisfying. 

First, despite the huge amount of information on many aspects of international migration that 
is being produced, access to this information is not easy to obtain, as it is dispersed and not 
centrally  available.  A  single  reference  point  for  the  filtering  and  synthesising  of  this 
information  that  could  serve  as  a  clearing  house  would,  therefore,  be  very  useful  to  EU 
institutions and Member States, both policy makers and the general public. 

Second, there is insufficient reliable, comparable and up-to-date information and analysis of 
legal and policy developments with regard to asylum and migration, both at national and EU 
level. There is also insufficient comparable information on effects of EU and national policies 
in this area. In addition, there exists an increasing need for the EU and its Member States to 
obtain  quick  responses  on  specific  issues  related  to  migration  and  asylum.  To  fill  these 
information gaps, some kind of network structure would be required that could reach out to all 
Member States, combined with a certain level of central coordination. 

Third, a major problem lies in the lack of accurate, up-to-date and comparable statistical data 
on  migration  and  asylum.  The  recently  adopted  Commission  proposal  for  a  regulation  on 
Community statistics on migration and international protection4
 will tackle this problem, but 
there will continue to be a need for the comparative analysis of such statistical information. 

To  facilitate  the  initial  launching  of  the  EMN  pilot/preparatory  action,  a  phased,  bottom-up 
approach was adopted by first setting up a network of National Contact Points. These contact 
points, who were designated by the Member States, are at the core of the EMN and carry out 
the  documentation,  analysis  and  research  activities.  The  National  Contact  Points  are  also 
expected to set up national networks of partners that contribute their views and expertise on 
the  various  topics  under  review.  The  European  Commission's  Directorate-General  for 
Freedom,  Security  and  Justice  has  monitored  the  overall  development  of  the  EMN  with  the 
assistance of a scientific and administrative co-ordination team, selected by an open invitation 
to tender.  

Given the need to continue and reinforce the activities of the EMN in order to meet the Hague 
Programme requirement for an 'effective provision of up-to-date information and data on all 
relevant  migratory  developments',  and  contribute  to  more  informed  policy-  and  decision-
making in the ongoing development of a common European immigration and asylum policy, 
it  is  now  proposed  to  formalise  the  EMN  through  the  adoption  of  an  appropriate  legal 
instrument (a Council Decision based on Article 66 of the EC Treaty). It is proposed to keep 
many  elements  of  the  existing  structure,  although  some  important  modifications  are 
introduced to improve the functioning of the EMN. The Council Decision will define the main 
elements  necessary  for  the  work  of  the  EMN,  namely  its  objective,  tasks,  structure, 
information exchange system, financing arrangements and relations with other organisations. 

3 
4 

Evaluation of the Activities of the European Migration Network, 2005. 
COM (2005) 375 

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2. 

Existing provisions in the area of the proposal 

The current EMN has operated first as a pilot project and then as a preparatory action, which 
did not need a proper legal base and was financed through a specific line (budget line 18 03 
05 (ex B5-814)) of the Community budget5. According to Article 49, paragraph 2, letter b) of 
COUNCIL REGULATION (EC, Euratom)  No 1605/2002  of  25  June 2002 on  the Financial 
Regulation  applicable  to  the  general  budget  of  the  European  Communities6,  preparatory 
actions cannot last more than three years. Therefore, the continuation of the activities of the 
EMN needs the establishment of a legal instrument.  

3. 

Consultation  

In  order  to  consult  relevant  stakeholders  about  the  future  of  the  EMN  the  Commission 
adopted  on  28  November  2005  a  "Green  Paper  on  the  future  of  the  European  Migration 
Network"7 which, against an assessment of the functioning of the EMN during the preparatory 
period, dealt with issues such as the mandate and future structure of the EMN.  

The Green Paper launched an open consultation, which lasted until 28 January 2006, and 32 
contributions  were  received,  about  half  of  them  from  the  Member  States,  and  the  rest  from 
current National Contact Points of the EMN, federal and regional authorities of the Member 
States and other institutions, mainly academia8.  

On 6 April 2006 a selected experts' hearing on the future of the European Migration Network 
was held in Brussels. During the hearing, the main conclusions from the public consultation 
were  presented  by  the  Commission,  and  several  experts  made  presentations  related  to  the 
future mandate and structure of the EMN.  

The public consultation and experts' hearing demonstrated that there was broad agreement on 
the need to continue the activities of the EMN, building on its current mandate and structure.  

Finally, the Commission has consulted  experts  from  the Member  States  on issues related to 
the future of the EMN on two occasions (29 April 2005 and 20 June 2006) in the Committee 
on  Immigration  and  Asylum.  Member  States  have  on  both  occasions  supported  the 
Commission's intentions for the formalisation of the EMN.  

4. 

Summary of the proposed action 

The main purpose of the proposal is to formalise the European Migration Network and to give 
it  a  proper  legal  base  which  describes  its  objectives,  tasks,  structure,  as  well  as  other 
important  elements  for  the  functioning  of  the  EMN,  such  as  the  way  it  is  financed  and  the 
establishment of an information exchange system open to the public. 

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7 
8 

See 2003 budget, Title B5-8, Area of Freedom, Security and Justice  
OJ L 248, 16 September 2002  
COM (2005) 606 
All documents linked to the public consultation, including the contributions from the stakeholders, can 
be consulted online: 
http://ec.europa.eu/justice_home/news/consulting_public/emn/news_contributions_emn_en.htm  

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Objective 

The proposal describes the objective of the EMN as follows: 'to meet the information needs 
of Community institutions, Member States' authorities and institutions, and the general public 
on  migration  and  asylum,  by  providing  up-to-date,  objective,  reliable  and  comparable 
information on migration and asylum, with a view to supporting policy- and decision-making 
in the European Union in these areas'. 

Activities 

In  order  to  attain  the  above  mentioned  objective,  the  EMN  should  carry  out  a  number  of 
activities, which are described in Article 2. They include, inter alia, the following: collect and 
exchange existing up-to-date data and information from a range of sources; undertake analysis 
of  such  data  and  information;  publish  reports;  create  and  maintain  and  internet-based 
information  exchange  system;  co-operate  with  other  relevant  European  and  international 
bodies.  

Structure 

The Network is composed of National Contact Points, designated by the Member States, 
and of the European Commission. 

To ensure active participation from the Member States and provide political guidance to the 
EMN, a Steering Board is established, where every Member State, the Commission and the 
European Parliament will be represented.  

In particular, it will: 

–  Participate in the preparation of the EMN's annual programme of activities; 

–  Review  progress  made  by  the  EMN,  making  recommendations  for  necessary 

actions when required; 

–  Provide, at least once a year, a status report on on-going activities of the EMN and 

key findings of its studies, to be provided to all the European institutions; 

–  Identify  the  most  appropriate  strategic  co-operative  relationships  with  other 

entities competent in the area of migration and asylum; 

–  Advice and help the National Contact Points on how to improve their operations. 

The  National  Contact  Points  need  to  fulfil  a  certain  number  of  requirements,  such  as 
expertise in the area of asylum and migration; Information Technology skills and equipment; 
ability to set up collaboration schemes and networking with other national organisations and 
entities;  and  the  ability  to  work  and  write  in  a  second  official  language  of  the  European 
Institutions. 

Each Member State designates one entity which acts as National Contact Point. The National 
Contact Point needs to be composed of at least three experts. One of these experts, who will 
be the national coordinator of the National Contact Point, must be an official or employee of 
the designated entity. The remaining experts may belong to this entity or to other national and 
international organisations based in the Member State, either public or private. 

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The  National  Contact  Points  will  prepare  national  reports,  contribute  national  data  to  the 
information exchange system of the EMN, develop a capacity to issue and quickly respond to 
ad  hoc  requests  addressed  to/from  other  National  Contact  Points  and  establish  a  national 
migration network, composed of a wide range of organisations and individuals active in the 
labour,  education  and  external 
including  also 
area  of  migration  and  asylum, 
relations/development aspects of migration, and representing all relevant stakeholders. 

The Commission's responsibilities will involve: 

–  General coordination of the EMN; 

–  Adoption of the EMN's annual programme of activities; 

–  One  representative  from  the  Commission  will  sit  in  the  Steering  Board  and  will 
chair  it.  He  or  she  will  be  assisted  by  two  scientific  experts  appointed  by  the 
Commission; 

–  Ensuring  that  the  work  of  the  EMN  reflects  the  political  priorities  of  the 

Community in the area of migration and asylum;  

–  Appointment of a service provider that will assist the Commission with the day-
to-day  management  of  the  EMN,  including  the  information  exchange  system  of 
the  EMN.  The  Commission  will  closely  monitor  the  activities  of  this  service 
provider,  establishing  clear  responsibilities  and  working  practices;  involving,  if 
necessary,  working  groups  of  National  Contact  Points  to  work  closely  with  the 
service provider on particular activities 

–  The Commission will also ensure that the National Contact Points are capable of 
carrying  out  the  tasks  entrusted  to  them.  This  includes  checking  if  the  National 
Contact  Points  proposed  by  the  Member  States  fulfil  all  the  necessary 
requirements  and  proposing  the  necessary  actions  to  the  Steering  Board  when  it 
identifies persistent shortcomings in the work of a National Contact Point, which 
may have negative consequences in the work of the EMN;  

–  Finally,  the  Commission  will  award  operating  grants,  co-financing  the  annual 
work  programmes  of  the  National  Contact  Points  which  fulfil  all  the  necessary 
requirements.  

The appointment of a service provider to assist the Commission is justified by the technical 
nature of certain coordination tasks, in particular the setting up of the IT system and Internet 
site  and  the  preparation  of  synthesis  reports,  and  by  the  complexity  of  ensuring  appropriate 
cooperation between the 26 National Contact Points.  

Information exchange system and studies 

It is essential for the EMN to widely disseminate the information it produces in the form of 
studies  and  reports  through  the  most  advanced  technological  means,  including  the  use  of  a 
dedicated  web-site.  The  information  exchange  system  is  managed  by  the  service  provider 
which will assist the Commission, under the supervision of the latter. It is open to the public 
and  its  information  is  in  principle  accessible  to  all;  exceptions  to  this  general  rule  are, 

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however,  possible  if  sensitive/confidential  information  is  communicated  by  the  members  of 
the EMN. 

The information exchange system will inter alia contain the studies and reports prepared by 
the  EMN,  a  migration  and  asylum  thesaurus  and  a  database  of  national  and  Community 
migration and asylum legislation. 

Financing 

The  budgetary  resources  necessary  for  the  functioning  of  the  EMN  will  be  entered  in  the 
annual appropriations of the general budget of the European Union. Such resources will co-
finance (up to 80%) the eligible costs of the National Contact Points and will cover the costs 
of  the  service  provider,  plus  other  expenses  including  evaluation,  special  activities  and 
support for newly created National Contact Points. The available annual appropriations shall 
be authorised by the budgetary authority within the limits of the financial framework, which 
forecasts appropriations for the EMN amounting to € 59.7 million, for the period 2007-2013. 
However,  the  €  3  million  foreseen  for  2007  will  not  be  used  as  the  Network  is  expected  to 
become operational from 1 January 2008 only. Therefore, for the period 2008-2013, there are 
foreseen appropriations of € 56.7 million. This will also mean that there will no longer be a 
one year delay between the budget line and implementation year. 

It  will  be  the  Commission's  responsibility  to  award  grants  to  the  National  Contact  Points 
which fulfil the necessary requirements and to establish a contractual relation with the service 
provider. 

The impact assessment and legislative financial statement contain more information about the 
financing of the EMN. 

5. 

Legal basis 

The Council Decision is based on Art. 66 of the EC Treaty. Since 1 May 2004, pursuant to the 
Protocol  on  Article  67  of  the  Nice  Treaty,  these  measures  are  taken  by  qualified  majority 
voting in the Council and consultation of the European Parliament. 

Article  66  of  the  EC  Treaty  concerns  administrative  cooperation  between  the  relevant 
departments  of  the  administrations  of  the  Member  States  in  a  number  of  areas,  including 
immigration and asylum, as well as between those departments and the Commission. Member 
States'  administrations  will  have  an  important  role  through  the  designation  of  the  National 
Contact  Points  and  their  participation  in  the  Steering  Board.  Since  many  of  the  National 
Contact  Points  are  likely  to  be  governmental  bodies,  there  will  certainly  be  a  high 
involvement of national administrations in the functioning of the EMN. These reasons justify 
the choice of Article 66 TEC as the legal base for the proposal. 

Title IV of the EC Treaty is not applicable to the United Kingdom and to Ireland, unless these 
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.  Title  IV  is 
likewise  not  applicable  to  Denmark,  by  virtue  of  the  Protocol  on  the  position  of  Denmark 
annexed to the Treaties. 

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6. 

Subsidiarity 

This proposal falls within the context of the establishment of an area of freedom, security and 
justice  called  for  by  the  Treaties  and  reinforced  by  the  Tampere  and  The  Hague  European 
Councils.  More  specifically,  the  measure  aims  at  bringing  together  authorities,  academia, 
researchers  and  other  relevant  stakeholders  in  the  area  of  migration  and  asylum  in  the 
Member  States  so  that  they  can  provide  the  Community,  its  Member  States  and  the  public 
with objective, reliable and comparable information on the migration and asylum situation at 
the European and national levels. Since this purpose of improving cooperation and producing 
data and analysis on a European-wide basis cannot be achieved by the Member States alone, 
action  is  needed  at  Community  level.  The  proposed  Decision  pursues  the  objective  of  a 
coordinated and uniform Union-wide enhancement of information mechanisms related to all 
migratory phenomena. 

7. 

Proportionality 

The proposal is limited to enhancing cooperation between national administrations and other 
organisations active in the areas of migration and asylum in order to provide the Community, 
its Member States and the public with objective, reliable and comparable information on the 
migration  and  asylum  situation  at  the  European  and  national  levels.  A  Network-based 
structure has been preferred in order to maintain a federated structure and ensure an equitable 
representation of all Member States.  

This proposal lays down only the minimum measures needed to attain the objectives pursued 
and  does  not  go  beyond  what  is  necessary  to  that  end.  It  is  without  prejudice  to  existing 
cooperation mechanisms and structures. 

8. 

Relation of the EMN with other information exchange instruments/structures in 
the area of migration and asylum 

The proposed objective of the EMN is to provide the Community, its Member States, and the 
public  with  objective,  reliable  and  comparable  information  on  the  migration  and  asylum 
situation at the European and national levels with a view to supporting policy- and decision-
making  in  the  European  Union  in  these  areas.  This  is  evidently  linked  to  research  and 
analysis, to raising awareness about the migratory phenomena in all their aspects, to providing 
policy-makers and the public with data, reports and studies that can be used as a base for an 
informed debate on asylum and migration. 

The  EMN  will  not  be  the  only  Community  instrument/structure  whose  purpose  is  to  collect 
and  exchange  information  in  the  areas  of  migration  and  asylum.  However,  when  compared 
with these other instruments/structures such as the ICONet, the Fundamental Rights Agency 
(including the RAXEN network), Eurostat, CIREFI, National Contact Points on Integration or 
the  Mutual  Information  Mechanism,  the  EMN  presents  a  number  of  particularities  which 
provide it with a unique profile that can be summarised by the following three aspects: 

– 

– 

– 

Broad scope of tasks; 

Strong focus on analysis and links with the academic community; 

Wide availability of its outputs (general public as well as policy-makers). 

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The Commission will endeavour, to the extent possible, to create synergies and avoid overlap 
between the work of the EMN and the activities of other related instruments and structures. In 
order  to  attain  this  objective,  the  Commission  will  use  its  capacity  to  propose  the  annual 
programme of activities of the EMN, as foreseen in Article 4 (2) (a). 

Annex  1  to  the  Impact  Assessment  contains  more  detailed  information  on  the  differences 
between the EMN and other related instruments and structures. 

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2007/0167(CNS) 

Proposal for a 

COUNCIL DECISION 

establishing a European Migration Network 

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 Commission9, 

Having regard to the opinion of the European Parliament10, 

Having regard to the opinion of the European Economic and Social Committee11, 

Having regard to the opinion of the Committee of the Regions12, 

Whereas: 

(1) 

(2) 

(3) 

In 2003 the Commission set up a three-year preparatory action for the establishment of 
a  European  Migration  Network13,  with  a  view  to  providing  the  Community  and  its 
Member States with objective, reliable and up-to-date migration data.  

The  European  Council,  at  its  meeting  in  Thessaloniki  in  June  2003,  taking  into 
account  the  importance  of  monitoring  and  analysing  the  multidimensional  migration 
phenomenon, welcomed in its Conclusions14 the establishment of the EMN and stated 
that it would examine the possibility of setting up a permanent structure in the future. 

On 4 November 2004, the European Council endorsed a multi-annual programme for 
strengthening  the  area  of  freedom,  security  and  justice,  known  as  the  Hague 
Programme15,  which  calls  for  the  development  of  the  second  phase  of  a  common 
policy  in  the  field  of  asylum,  migration,  visas  and  borders,  starting  on  1  May  2004, 
based,  inter  alia,  on  closer  practical  cooperation  between  Member  States  and  an 
improved  exchange  of  information.  The  Hague  Programme  recognises  that  "The 
ongoing development of European asylum and migration policy should be based on a 
common  analysis  of  migratory  phenomena  in  all  their  aspects.  Reinforcing  the 

9 
10 
11 
12 
13 
14 
15 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
Hereinafter EMN 
Council document 11638/03 
Council document 14292/1/04 REV 1 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

collection, provision, exchange and efficient use of up-to-date information and data on 
all relevant migratory developments is of key importance." 

In order to consult relevant stakeholders about the future of the EMN, the Commission 
adopted  on  28  November  2005  a  "Green  Paper  on  the  future  of  the  European 
Migration  Network"16  which,  against  an  assessment  of  the  functioning  of  the  EMN 
during the first years of the preparatory period, dealt with issues such as the mandate 
and future structure of the EMN.  

The  public  consultation  demonstrated  that  most  stakeholders  are  in  favour  of 
continuing  and  strengthening  the  activities  of  the  EMN  and  maintaining  the  initial 
objective of the EMN, that is, to provide up-to-date, objective, reliable and comparable 
information  on  migration  and  asylum  issues.  It  also  appeared  that  most  stakeholders 
wished to maintain the EMN attached to the Commission. 

The  EMN  should  avoid  duplicating  the  work  of  existing  Community  instruments  or 
structures  whose  purpose  is  to  collect  and  exchange  information  in  the  areas  of 
migration and asylum and should provide an added value in comparison with them, in 
particular through the broad scope of its tasks, a strong focus on analysis, links with 
the academic community and the public availability of its outputs. 

To attain its objectives, the EMN needs to be supported by a National Contact Point in 
each  Member  State.  The  activities  of  the  National  Contact  Points  should  be 
coordinated  at  Community  level  by  the  Commission,  who  shall  be  assisted  by  a 
service  provider  with  sufficient  expertise  to  organise  the  routine  work  of  the  EMN, 
including its information exchange system. 

In order to ensure that the National Contact Points have the necessary expertise to deal 
with  the  multi-faceted  aspects  of  migration  and  asylum  issues,  they  should  be 
composed of at least three experts who, individually or jointly, have competencies in 
policy-making, law, research and statistics. These experts may come from the Member 
States' administrations or from any other organisation.  

Each National Contact Point should establish a national migration network, composed 
of  organisations  and  individuals  active  in  the  area  of  migration  and  asylum,  and 
including,  for  example,  universities,  research  organisations  and  researchers, 
governmental and non-governmental organisations and international organisations, in 
order to enable the voices of all relevant stakeholders to be heard.  

(10)  A  Steering  Board  should  provide  political  guidance  to  the  EMN,  including 
participating in the preparation of the EMN's annual programme of activities.  

(11) 

In  order  to  ensure  the  widest  possible  dissemination  of  the  information  produced  by 
the  EMN  in  the  form  of  studies  and  reports,  such  information  should  be  available 
through the most advanced technological means, including the use of a dedicated web-
site. 

16 

COM (2005) 606 

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(12)  When  necessary  for  the  attainment  of  its  objectives,  the  EMN  should  be  able  to 
establish  cooperative  relationships  with  other  entities  active  in  the  area  of  migration 
and asylum. When establishing such relationships, particular attention should be paid 
to ensuring a good degree of cooperation with entities in Denmark, Norway, Iceland, 
the  European 
Switzerland, 
Neighbourhood Policy and Russia. 

the  candidate  countries,  countries  covered  by 

(13)  The EMN should be co-financed through grants from the Commission, in accordance 

with Council Regulation (EC, Euratom) N° 1605/2002 of 25 June 200217.  

(14)  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  data18  and  Regulation  (EC)  No  45/2001  of  the  European 
Parliament 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 
bodies  and  on  the  free  movement  of  such  data19  should  be  taken  into  account  in  the 
context of the information exchange system of the EMN. 

(15) 

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

HAS ADOPTED THIS DECISION: 

Article 1 

Subject matter and scope 

A European Migration Network (hereinafter EMN) is hereby established. 

The objective of the EMN shall be to meet the information needs of Community institutions, 
Member States' authorities and institutions, and the general public on migration and asylum, 
by  providing  up-to-date,  objective,  reliable  and  comparable  information  on  migration  and 
asylum,  with  a  view  to  supporting  policy-  and  decision-making  in  the  European  Union  in 
these areas. 

Article 2 

Tasks 

To attain the objective referred to in Article 1, the EMN shall: 

17 

18 
19 

OJ  L  248,  16.09.2002,  p.1.  Regulation  as  last  amended  by  Council  Regulation  N°  1995/2006  of  13 
December 2006 (OJ L 390, 30.12.2006, p. 1). 
OJ L 281, 23.11.1995, p. 31. 
OJ L 8, 12.1.2001, p. 1. 

EN 

12 

   EN 

 
                                                 
(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

collect  and  exchange  up-to-date  data  and  information  from  a  range  of  sources, 
including academia; 

undertake analysis of the data and information referred to in point (a) and provide it 
in a readily-accessible format; 

develop methods to improve the comparability, objectivity and reliability of data at 
Community  level  by  establishing  indicators  and  criteria  that  will  improve  the 
consistency  of  information  and  help  in  the  development  of  Community  activities 
related to migratory statistics; 

publish periodic reports on the migration and asylum situation in the Community and 
its Member States; 

create and maintain an internet-based information exchange system which provides 
access to relevant documents and publications in the area of migration and asylum;  

raise  awareness  of  the  EMN,  by  providing  access  to  the  information  it  gathers  and 
disseminating the output of the EMN; 

co-ordinate 
international bodies. 

information  and  co-operate  with  other  relevant  European  and 

Article 3 

Composition 

The EMN shall be composed of  

(a) 

National Contact Points designated by the Member States; 

(b) 

The Commission. 

Article 4 

Steering Board  

1. The EMN shall be guided by a Steering Board composed of one representative from each 
Member State, one representative of the European Parliament, and one representative of the 
Commission assisted by two scientific experts.  

The representative of the Commission shall act as Chair of the Steering Board.  

Each member of the Steering Board shall have one vote, including the Chair. Decisions shall 
be taken by a two-thirds majority of the votes cast.  

2. The Steering Board shall in particular:  

(a) 

participate in the preparation of the EMN's annual programme of activities, on 
the basis of a draft from the Chair;  

EN 

13 

   EN 

 
(b) 

(c) 

(d) 

(e) 

review  progress  made  by  the  EMN,  making  recommendations  for  necessary 
actions when required; 

provide  a  succinct  status  report  to  the  European  Parliament,  the  Council,  the 
Commission,  the  European  Economic  and  Social  Committee  and  the 
Committee of the Regions on on-going activities of the EMN and key findings 
of its studies, at least once a year; 

identify  the  most  appropriate  strategic  cooperative  relationships  with  other 
entities  competent  in  the  area  of  migration  and  asylum  and  approve,  when 
necessary, the administrative arrangements for such cooperation, as referred to 
in Article 10; 

them 

advice  the  National  Contact  Points  on  how  to  improve  their  operations,  and 
help 
identified  persistent 
the  necessary  actions,  when 
shortcomings  in  the  work  of  a  National  Contact  Point  may  have  negative 
consequences on the work of the EMN.  

take 

to 

3. The Steering Board shall meet, as convened by its Chair, at least twice a year.  

It shall adopt its own rules of procedure. 

Article 5 

National Contact Points 

1. 

Each  Member  State  shall  designate  one  entity  which  shall  act  as  National  Contact 
Point.  

The National Contact Point shall be composed of at least three experts. One of these 
experts, who shall act as the national coordinator, shall be an official or employee of 
the  designated  entity.  The  remaining  experts  may  belong  to  this  entity  or  to  other 
national and international organisations based in the Member State, either public or 
private. 

2. 

Each National Contact Point shall collectively have:  

(a) 

expertise  in  the  area  of  asylum  and  migration,  covering  aspects  of  policy-
making, law, research and statistics; 

(b) 

Information Technology skills and equipment; 

(c) 

ability  to  set  up  collaboration  schemes  and  networking  with  other  national 
organisations and entities; 

(d) 

capability to collaborate at European level; and 

(e) 

ability to  work and write in  an  official  language  of the European  institutions, 
other than the language(s) of the Member State in which it is located. 

EN 

14 

   EN 

 
Member  States  shall  notify  the  Commission  of  the  names  and  full  addresses  of  the  experts 
composing the National Contact Points, specifying how the latter respond to the requirements 
set out under points (a) to (e). 

3. 

The  National  Contact  Points  shall  carry  out  the  tasks  of  the  EMN  at  national  level 
and in particular: 

(a) 

prepare national reports, including the reports referred to in Article 9; 

(b) 

(c) 

(d) 

contribute  national  data  to  the  information  exchange  system  referred  to  in 
Article 8;  

develop  a  capacity  to  issue  ad  hoc  requests  addressed  to  it  and  to  quickly 
respond to such requests from other National Contact Points; 

establish  a  national  migration  network,  composed  of  a  wide-range  of 
organisations  and  individuals  active  in  the  area  of  migration  and  asylum  and 
representing  all  relevant  stakeholders.  Members  of  the  national  migration 
network  may  be  called  upon  to  contribute  to  the  activities  of  the  EMN,  in 
particular with regard to Articles 8 and 9. 

The  experts  of  the  National  Contact  Point  shall  meet  regularly  to  discuss  its  work, 
including, as appropriate, with members of its national migration network referred to 
in paragraph 3 (d), and to exchange information about ongoing and future activities.  

Article 6 

Coordination  

The  Commission  shall  coordinate  the  work  of  the  EMN  and  shall  ensure  that  it 
appropriately  reflects  the  political  priorities  of  the  Community  in  the  area  of 
migration and asylum. 

For the organisation of the work of the EMN, the Commission shall be assisted by a 
service  provider  selected  on  the  basis  of  a  procurement  procedure.  This  service 
provider  shall  fulfil  the  requirements  established  in  Article  5  (2),  and  any  other 
relevant requirements defined by the Commission.  

4. 

1. 

2. 

Under the supervision of the Commission the service provider shall, inter alia: 

(a) 

organise the day-to-day operation;  

(b) 

establish and manage the information exchange system referred to in 
Article 8;  

(c) 

co-ordinate the input from the National Contact Points;  

(d) 

prepare the meetings referred to in Article 7; 

(e) 

prepare  the  compilations  and  syntheses  of  the  reports  and  studies 
referred to in Article 9. 

EN 

15 

   EN 

 
3. 

4. 

5. 

After  consultation  of  the  Steering  Board  and  the  National  Contact  Points,  the 
Commission  shall,  within  the  limits  of  the  general  objective  and  tasks  defined  in 
Articles 1 and 2, adopt the EMN's annual programme of activities. The programme 
shall  specify  the  objectives  and  thematic  priorities.  The  Commission  shall  monitor 
the  execution  of  the  annual  programme  of  activities  and  regularly  report  on  its 
execution and the development of the EMN to the Steering Board.  

Following the advice provided by the Steering Board referred to in Article 4 (2) (e), 
the Commission shall take the necessary actions on the basis of the grant agreements 
referred to in paragraph 5 of this Article. 

The  Commission  shall,  on  the  basis  of  the  EMN’s  annual  programme  of  activities, 
determine the indicative amounts available for grants and contracts in the framework 
of a financing decision pursuant to Article 75 of Council Regulation (EC, Euratom) 
N° 1605/2002 of 25 June 2002. 

The Commission shall award operating grants to the National Contact Points which fulfil the 
requirements  laid  down  in  Article  5  (1)  and  (2)  on  the  basis  of  the  individual  grant 
applications  submitted  by  the  National  Contact  Points.  The  maximum  Community  co-
financing is set at 80% of the total eligible cost.  

The grants shall, in accordance with Article 113(2) of Council Regulation (EC, Euratom) N° 
1605/2002 of 25 June 2002, not be subject on renewal to the principle of gradual decrease.  

Article 7 

Meetings  

1. 

2. 

3. 

4. 

a) 

b) 

c) 

d) 

The EMN shall meet at least five times a year. 

Each National Contact Point shall be represented at meetings of the EMN by at least 
one of its experts. No more than three experts from each National Contact Point shall 
attend the meetings.  

The meetings of the EMN shall be convened and chaired by a representative of the 
Commission. 

The purpose of the periodic meetings of the EMN shall be to: 

enable  the  National  Contact  Points  to  exchange  knowledge  and  experience,  in 
particular as regards the operation of the EMN; 

review progress in the work of the EMN, and in particular on the preparation of the 
reports and studies referred to in Article 9; 

exchange data and views, in particular on the structure, organisation, content of and 
access to the available information mentioned in Article 8; 

provide a platform for discussion of practical and legal problems encountered by the 
Member States in the area of migration and asylum, in particular discussion of the ad 
hoc requests referred to in Article 5 (3) (c); 

EN 

16 

   EN 

 
e) 

5. 

1. 

2. 

3. 

a) 

b) 

c) 

d) 

e) 

f) 

4. 

5. 

consult  with  the  National  Contact  Points  in  the  development  of  the  EMN's  annual 
programme of activities referred to in Article 6 (3). 

Individuals  and  entities  which  are  not  members  of  the  EMN  may  be  invited  to  its 
meetings  if  their  presence  is  considered  necessary.  Joint  meetings  with  other 
networks or organisations may also be organised.  

Article 8 

Information exchange system  

An Internet-based information exchange system, accessible via a dedicated website, 
shall be established in accordance with this Article. 

The content of the information exchange system shall normally be public.  

Access to information of a confidential nature may be restricted to the EMN only. 

The information exchange system shall comprise at least the following elements: 

access  to  Community  and  national  legislation,  case  law  and  policy  in  the  areas  of 
migration and asylum, including specific migration regimes for particular categories 
of migrants; 

a functionality for ad hoc requests, as referred to in Article 5 (3) (c); 

a migration and asylum thesaurus;  

direct access to all EMN's publications, including the reports and studies mentioned 
in Article 9, as well as a regular newsletter; 

a mailbox accessible via the dedicated website where the general public may send its 
questions concerning migration and asylum issues covered by EMN's activities ; 

a  directory  of  researchers  and  research  institutions  in  the  area  of  migration  and 
asylum. 

For  the  purposes  of  access  to  the  information  mentioned  in  paragraph  3,  the  EMN 
may, when necessary, add links to other sites where the original information is to be 
found. 

The  dedicated  website  shall  facilitate  access  to  comparable  public  information 
initiatives  in  related  matters  and  to  sites  containing  information  relating  to  the 
migration and asylum situation of the Member States and of third countries. 

EN 

17 

   EN 

 
Article 9 

Reports and studies 

1. 

2. 

1. 

2. 

Each  National  Contact  Point  shall  produce  every  year  a  report  describing  the 
migration  and  asylum  situation  in  the  Member  State,  which  shall  include  policy 
developments and statistical data. 

The  annual  programme  of  activities  shall  include  the  preparation  by  each  National 
Contact Point of other studies covering specific migration and asylum-related issues 
necessary for the support of policy- and decision-making.  

Article 10 

Cooperation with other entities 

The  EMN  shall  cooperate  with  entities  in  the  Member  States  or  in  third  countries, 
including international organisations, competent in the field of migration and asylum.  

The  administrative  arrangements  for  the  cooperation  referred  to  in  paragraph  1, 
which may include when necessary the conclusion by the Commission of agreements 
on behalf of the Community, shall be subject to the approval of the Steering Board. 

Article 11  

Budgetary Resources 

The budgetary resources allocated to the actions provided for in this Decision shall be entered 
in  the  annual  appropriations  of  the  general  budget  of  the  European  Union.  The  available 
annual appropriations shall be authorised by the budgetary authority within the limits of the 
financial framework.  

Article 12 

Implementation of the budget 

The  Commission  shall  implement  the  Community  financial  support  in  accordance  with 
Council Regulation (EC, Euratom) N° 1605/2002 of 25 June 2002. 

Article 13 

Review 

No  later  than  three  years  after  the  entry  into  force  of  this  Decision,  and  every  three  years 
thereafter,  the  Commission  shall  present  to  the  European  Parliament,  the  Council,  the 
Committee  of  the  Regions  and  the  Economic  and  Social  Committee,  a  report  on  the 
development  of  the  EMN.  The  report  shall  be  accompanied,  if  necessary,  by  proposals  for 
amendments to this Decision. 

EN 

18 

   EN 

 
Article 14 

Establishment of the basic components of the EMN 

No later than three months after the entry into force of this Decision, the Member States shall 
notify the Commission of the information required by Article 5 (2). 

Article 15 

Date of application 

This Decision shall apply from 1 January 2008. 

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

Done at Brussels, 

For the Council 
The President 

EN 

19 

   EN 

 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

This document is intended to accompany and complement the Explanatory Memorandum. As 
such,  when  completing  this  Legislative  Financial  Statement,  and  without  prejudice  to  its 
legibility,  an  attempt  should  be  made  to  avoid  repeating  information  contained  in  the 
Explanatory  Memorandum.  Before  filling  in  this  template,  please  refer  to  the  specific 
Guidelines that have been drafted to provide guidance and clarification for the items below.  

1. 

NAME OF THE PROPOSAL: 

Proposal for a Council Decision establishing a European Migration Network  

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

Immigration and asylum policy  

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B..A lines)) including headings: 

18 03 05 - European Migration Monitoring Center  

3.2. 

Duration of the action and of the financial impact: 

Duration  of  the  action:  2008  ->  onwards.  The  financial  impact  has  been  estimated 
only for the financial period 2008-2013. 

3.3. 

Budgetary characteristics (add rows if necessary): 

Budget 
line 

18 03 05 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-comp 

Diff20/ 

 NO 

NO 

NO 

No 3A 

20 

Differentiated appropriations 

EN 

20 

   EN 

 
 
                                                 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

S
e
c
t
i
o
n 
n
o
. 

8
.
1
. 

a 

b 

Expenditure type 

Operational expenditure21 

Commitment Appropriations 
(CA) 

Payment 
(PA) 

Appropriations 

Year n 

n + 1 

n + 2 

n + 3 

n + 4 

Total 

n + 5 
and 
later 

6,500 

8,800 

10,100 

10,300 

10,50
0 

10,50
0 

56,700 

2,790 

9,450 

10,200 

8,110 

10,40
0 

10,50
0 

51,450 

Administrative expenditure within reference amount22 

Technical  &  administrative 
assistance (NDA) 

8
.
2
.
4
. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment Appropriations 

a+c 

b+c 

6,500 

8,800 

10,100 

10,300 

2,790 

9,450 

10,200 

8,110 

10,50
0 

10,40
0 

10,50
0 

10,50
0 

56,700 

51,450 

21 
22 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Administrative expenditure not included in reference amount23 

0,234 

0,234 

0,234 

0,234 

0,234 

0,234 

1,404 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

8.2.5.  d 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

8.2.6.  e 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

a+c
+d+
e 

b+c
+d+
e 

Co-financing details 

6,734 

9,034 

10,334 

10,534 

10,73
4 

10,73
4 

58,104 

3,024 

8,344 

9,684 

10,434 

10,63
4 

10,73
4 

52,854 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

Co-financing body 

26 Member States (Denmark 
excluded).  Amounts  include 
the  co-financing  of  all  26 
MS  

TOTAL  CA  including  co-
financing 

f 

a+c
+d+
e+f 

EUR million (to 3 decimal places) 

n + 1 

n + 2 

n + 3 

n + 4 

Year 
n 

n  +  5 
and 
later 

Total 

1,175  1,669 

1,944 

1,986 

1,986 

1,986 

10,751 

7,909  10,70

3 

12,27
8 

12,52
0 

12,72
0 

12,72
0 

68,850 

4.1.2.  Compatibility with Financial Programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

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

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement24 (i.e. flexibility instrument or revision of the financial perspective). 

23 
24 

Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 
See points 19 and 24 of the Interinstitutional agreement. 

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
4.1.3.  Financial impact on Revenue 

X 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

NB: All details and observations relating to the method of calculating the effect on revenue 
should be shown in a separate annex. 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[n+1]

[n+2] 

[n+3] 

[n+4] 

[Year 
n] 

[n+5]
25 

Prior 
to 
action 
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 Δ 

(Please specify each revenue budget line involved, adding the appropriate number of rows to 
the table if there is an effect on more than one budget line.) 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

Year n 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total  number  of  human 
resources 

2 

2 

2 

2 

2 

2 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details  of  the  context  of  the  proposal  are  required  in  the  Explanatory  Memorandum.  This 
section  of  the  Legislative  Financial  Statement  should  include  the  following  specific 
complementary information: 

5.1. 

Need to be met in the short or long term 

Reinforcing  the  collection,  provision,  exchange  and  effective  use  of  up-to-date 
information and data on all relevant migratory developments 

25 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

EN 

23 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

The  proposed  measure  aims  at  networking  authorities,  academia,  researchers  and 
other relevant stakeholders in the area of migration and asylum in the Member States 
so  that  they  can  provide  the  Community,  its  Member  States  and  the  public  with 
objective, reliable and comparable information on the migration and asylum situation 
at the European and national levels. Since this purpose of improving cooperation and 
produce  data  and  research  on  a  European-wide  basis  cannot  be  achieved  by  the 
Member States alone, action is needed at Community level. 

Synergies  and  links  with  other  initiatives,  networks,  etc.  are  explained  in  the 
explanatory memorandum and in the impact assessment. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The  objective  of  the  proposal  is  the  creation  of  a  structure  that  can  provide  the 
Community,  its  Member  States,  and  the  public  with  objective,  reliable  and 
comparable information on the migration and asylum situation at the European and 
national levels. The proposal sets therefore a Network composed by the Commission 
and by National Contact Points in each of the Member States. They are responsible 
for carrying out the tasks of the Network described in Article 2, paragraph 2 of the 
proposal and for attaining the results listed in section 4 of the Impact assessment.  

The resources allocated for the Network must cover two main operational objectives: 
direct  support  of  National  Contact  Points  and  support  of  non-NCP  activities  of  the 
Network; the latter includes the following activities: 

–  - Support to the Commission for the coordination tasks 

–  - Evaluation costs 

–  - Reserve for special/unforeseen activities linked to EMN areas of coverage 

–  - Relations with other entities 

–  - Specific support for new National contact points during the first years of implementation 

of the action 

The table in section 8.1. describes the financial cost of the objectives mentioned above. 

5.4.  Method of Implementation (indicative) 

Show below the method(s)26 chosen for the implementation of the action. 

26 

If  more  than  one  method  is  indicated  please  provide  additional  details  in  the  "Relevant  comments" 
section of this point 

EN 

24 

   EN 

 
                                                 
X 

Centralised Management 

X 

directly by the Commission 

(cid:133) 

indirectly by delegation to: 

(cid:133) 

executive Agencies 

(cid:133) 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

The budgetary resources necessary for the functioning of the Network will be entered in the 
annual appropriations of the general budget of the European Union. Such resources will co-
finance  the  costs  of  the  National  Contact  Points  and  will  cover  the  costs  of  the  service 
provider  selected  to  assist  with  the  coordination  tasks,  plus  other  expenses  including 
evaluation,  special  activities  and  support  for  newly  created  National  contact  points.  The 
available  annual  appropriations  shall  be  authorised  by  the  budgetary  authority  within  the 
limits of the financial framework.  

It  will  be  the  Commission's  responsibility  to  allocate  grants  to  the  national  contact  points 
which fulfil the necessary requirements and to establish a contractual relation with the service 
provider  selected  to  assist  the  Commission  with  the  coordination  tasks  and  other  service 
providers. 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

One  of  the  tasks  of  the  Steering  Board  will  be  to  'review  progress  made  by  the 
Network'  (Article  4,  paragraph  5,  letter  b)).  This  will  amount  to  a  continuous 
monitoring system. In this context, the Commission will also have an important role 
to  play  as  it  will  'monitor  the  execution  of  the  annual  programme  of  activities  and 
regularly report about its execution and about the development of the Network to the 
Steering Board' (Article 6, paragraph 3).  

EN 

25 

   EN 

 
6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

DG JLS Commissioned an evaluation of the EMN preparatory action which included 
an ex-ante evaluation of the future EMN. This was carried out by a service provider 
(GHK – EPEC) and a final evaluation was delivered to the Commission services in 
July 2005.  

6.2.2.  Measures taken following an intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

The  successes  and  shortcomings  of  the  current  EMN  preparatory  action  have  been 
taken  into  account  when  preparing  the  legal  base.  Examples  of  this  include  the 
following: 

– 

– 

– 

– 

The  proposal  makes  it  compulsory  for  Member  States  to  establish  National 
Contact  Points;  this  is  to  avoid  the  current  situation  where  a  large  number  of 
Member States are not involved in the EMN work as they have not designated 
a National Contact Point (participation is currently voluntary). 

The  proposal  clearly  describes  the  roles  of  the  different  actors  (National 
Contact points, Commission) in order to avoid lack of clarity about who does 
what in the Network. 

The proposal ensures political involvement of the Member States through their 
participation  in  the  Steering  Board.  This  involvement  was  lacking  during  the 
first phase of the EMN (preparatory action). 

National Contact Points will have to respect a number of requirements and be 
composed by several experts covering different fields. This will ensure that all 
National Contact Points provide an output of high quality.  

6.2.3.  Terms and frequency of future evaluation 

The  legal  base  (Article  14)  requires  the  Commission  to  prepare  a  report  about  the 
development  of  the  EMN  no  later  than  three  years  after  the  entry  into  force  of  the 
Decision,  and  every  three  years  thereafter.  The  necessary  resources  have  seen  for 
evaluation in the financial programming.  

7. 

ANTI-FRAUD MEASURES 

The  Commission  shall  ensure  that,  when  actions  financed  under  the  present  action 
are  implemented,  the  financial  interests  of  the  Community  are  protected  by  the 
application  of  preventive  measures  against  fraud,  corruption  and  any  other  illegal 
activities, by effective checks and by the recovery of the amounts unduly paid and, if 
irregularities  are  detected,  by  effective,  proportional  and  dissuasive  penalties,  in 
accordance with Council Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) 
No  2185/96,  and  with  Regulation  (EC)  No  1073/1999  of  the  European  Parliament 
and of the Council. 

EN 

26 

   EN 

 
For  the  Community  actions  financed  under  this  action,  the  notion  of  irregularity 
referred to in Article 1, paragraph 2 of Regulation (EC, Euratom) No 2988/95 shall 
mean  any  infringement  of  a  provision  of  Community  law  or  any  breach  of  a 
contractual  obligation  resulting  from  an  act  or  omission  by  an  economic  operator, 
which  has,  or  would  have,  the  effect  of  prejudicing  the  general  budget  of  the 
Communities or budgets managed by them, by an unjustifiable item of expenditure. 

Contracts  and  agreements  shall  provide  in  particular  for  supervision  and  financial 
control by the Commission (or any representative authorized by it) and audits by the 
Court of Auditors, if necessary on-the-spot. 

EN 

27 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost27 

Objective 
1 Support non-NCP specific activities 
of the Network 
Action 1 Coordination assistance to the 
Commission 
Action 2 Evaluation 
Action 3 Related activities, specific 
studies 
Action 4 Relations with other entities  
Action 5 Support for new NCPs 
2 Direct NCP support  
TOTAL COST 

2008

2009

2010 

2011

2012

2013 Total 2008-2013 

1.600.000 

1.825.000 

2.125.000 

2.150.000 

2.450.000 

2.450.000 

12.600.000 

1.000.000 
-  

200.000 
100.000 
300.000 
4.900.000 
6.500.000 

1.100.000 
200.000 

1.500.000 
- 

1.500.000 
- 

1.600.000 
200.000 

1.700.000 
- 

8.400.000 
400.000 

200.000 
125.000 
200.000 
6.975.000 
8.800.000 

500.000 
125.000 
- 
7.975.000 
10.100.000 

500.000 
150.000 
-  
8.150.000 
10.300.000 

500.000 
150.000 
- 
8.150.000 
10.500.000 

600.000 
150.000 
- 
8.150.000 
10.500.000 

2.500.000 
800.000 
500.000 
44.100.000 
56.700.000 

27 

EN 

An explanation of how the increased resources will be used is included in annex 2 to the Impact assessment, as well as a clarification about the basic outputs which justify 
the amounts to be granted to the National Contact Points 

28 

EN 

 
  
                                                 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

Year n 

Year n+1  Year n+2  Year n+3  Year n+4  Year n+5 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

Officials or 
temporary 
staff28 (XX 01 
01) 

A*/AD 

B*, 
C*/AST 

1 

1 

Staff  financed29  by  art. 
XX 01 02 

Other  staff30  financed by 
art. XX 01 04/05 

TOTAL 

2 

2 

2 

2 

2 

2 

8.2.2.  Description of tasks deriving from the action 

Coordination  of  the  work  of  the  Network,  overseeing  the  work  of  the  service 
provider selected to assist with the coordination tasks, liaise with the national contact 
points, ensure that contracts with the members of the Network are properly managed  

8.2.3. 

Sources of human resources (statutory) 

When  more  than  one  source  is  stated,  please  indicate  the  number  of  posts  originating  from 
each of the sources 

X 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

28 
29 
30 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

EN 

29 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies31 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

Type of human resources 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

and later 

EUR million (to 3 decimal places) 

0.234 

0.234 

0.234 

0.234 

0.234 

0.234 

Officials  and  temporary  staff 
(XX 01 01) 

Staff  financed  by  Art  XX  01 
02  (auxiliary,  END,  contract 
staff, etc.) 

(specify budget line) 

cost 

Total 
of  Human 
Resources  and  associated 
in  reference 
costs 
amount) 

(NOT 

0.234 

0.234 

0.234 

0.234 

0.234 

0.234 

31 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

30 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

2 x 117,000 € = 234,000 € 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

n/a 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees32  

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

Expenditure (XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

Calculation - Other administrative expenditure not included in reference amount 

n/a 

32 

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

EN 

31 

   EN