European Migration Network # European Parliament legislative resolution of 10 April 2008 on the proposal for a Council decision establishing a European Migration Network (COM(2007)0466 — C6-0303/2007 — 2007/0167(CNS))
Date: 2008-04-10
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU financing, EU migration policy, admission of aliens, cooperation policy, exchange of information, immigration, information network, operation of the Institutions








CE2009247EN.01005201.xml










15.10.2009   


EN


Official Journal of the European Union


CE 247/52





Thursday 10 April 2008European Migration Network *
P6_TA(2008)0110
European Parliament legislative resolution of 10 April 2008 on the proposal for a Council decision establishing a European Migration Network (COM(2007)0466 — C6-0303/2007 — 2007/0167(CNS))
2009/C 247 E/13
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2007)0466),
having regard to Article 66 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0303/2007),
having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,
having regard to Rules 51 and 35 of its Rules of Procedure,
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0066/2008),






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 to consult Parliament again if it intends to amend the Commission proposal substantially;










5.


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










TEXT PROPOSED BY THE COMMISSION


AMENDMENTS BY PARLIAMENT




Amendment 1





Title





Proposal for a
COUNCIL DECISION
establishing a European Migration Network


Proposal for a
COUNCIL DECISION
establishing a European Migration 
and Asylum
 Network




Amendment 2





Recital 6











(6)


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.












(6)


The 
EMAN
 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 
its neutrality,
 the broad scope of its tasks, a strong focus on analysis, links with the academic community
, non-governmental organisations (NGOs), international organisations and central administrations,
 and the public availability of its outputs.

(if the amendment concerning abbreviation EMAN applies throughout the whole text, except for recitals 1 to 5)









Amendment 3





Recital 6a (new)





 










(6a)





Among other existing instruments and structures, Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection (1) constitutes an important reference framework for the functioning of the EMAN. Attention should also be paid to the valuable work carried out by the CIREFI (2) and to Council Decision 2005/267/EC of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (3) (ICOnet).









Amendment 4





Recital 8











(8)


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
.












(8)


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 
from different backgrounds (government departments, NGOs and universities)
 who, individually or jointly, have competencies in policy-making, law, research and statistics. These experts may come from the Member States’ administrations
, NGOs, universities or research centres. Each National Contact Point should also collectively have adequate expertise in information technology, in setting up collaboration schemes and networking with other national organisations and entities, and in collaborating in a multilingual environment at European level.










Amendment 5





Recital 9











(9)


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.












(9)


Each National Contact Point should establish a national migration network, composed of organisations and individuals active in the area of migration and asylum
. In order to ensure the reliability and comparability of information on migration and asylum produced by the network, the National Contact Points should include representatives from,
 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.








Amendment 6





Recital 12











(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, Switzerland, the candidate countries, countries covered by the European Neighbourhood Policy and Russia.












(12)


When necessary for the attainment of its objectives, the 
EMAN
 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, Switzerland, the candidate countries, countries covered by the European Neighbourhood Policy and Russia
, with international organisations, including NGOs, with universities and research centres and with the countries of origin and of transit of asylum seekers and migrants
.








Amendment 7





Recital 14











(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 data 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 data should be taken into account in the context of the information exchange system of the 
EMN
.












(14)




Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents

 (4), 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 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 data should be taken into account in the context of the information exchange system of the 
EMAN
.








Amendment 8





Recital 14a (new)





 










(14a)





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









Amendment 9





Recital 14b (new)





 










(14b)





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









Amendment 10





Article 1, paragraph 2





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.


The objective of the 
EMAN
 shall be to meet the information needs of Community institutions, Member States’ authorities and institutions, and the general public
, as well as third countries and international organisations,
 on 
all aspects of
 migration and asylum, by providing up-to-date, objective, reliable and comparable information on migration
,
 asylum 
and integration, including detailed statistics showing the impact of EU legislation
, with a view to supporting policy- and decision-making in the European Union in these areas.




Amendment 11





Article 2, point (a)











(a)


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












(a)


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








Amendment 12





Article 2, point (b)











(b)


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












(b)


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








Amendment 13





Article 2, point (c)











(c)


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;












(c)


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 relating to migratory statistics 
and to asylum (for example, data and statistics concerning the number of legal and illegal immigrants, of returns, of asylum applications accepted and rejected, and of countries of origin) for the purpose of harmonising such indicators and criteria at European level, in cooperation with other competent European bodies
;








Amendment 14





Article 2, point (d)











(d)


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












(d)




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








Amendment 15





Article 2, point (da) (new)





 










(da)





compile and publish the EU's and the Member States’ migration and asylum laws and any other relevant information on the subject (quotas, regularisations, terms and conditions to be met by those wishing to apply for refugee status, practices and related case-law, etc.). The exchange of information concerning the differing requirements on the labour market in the Member States could represent a step forward in the management of economic migrants as part of a comprehensive approach at EU level;









Amendment 16





Article 2, point (db) (new)





 










(db)





produce analyses, assessments, recommendations and conclusions on the implementation in the Member States of EC directives on migration and asylum and on the compliance of national rules with European and international rules, at the request of the Commission, the European Parliament or the Council, with a view to providing them with assistance and support in the performance of their respective tasks;









Amendment 17





Article 2, point (f)











(f)


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












(f)


raise awareness of the 
EMAN
, by providing access to the information it gathers and disseminating the output of the 
EMAN as widely as possible
;








Amendment 18





Article 2, point (g)











(g)


coordinate information and cooperate with other relevant European and international bodies.












(g)


coordinate information and cooperate with other relevant 
national,
 European and international 
governmental and non-governmental
 bodies.








Amendment 19





Article 2, paragraph 1a (new)





 




The EMAN shall ensure that its activities are consistent and coordinated with the relevant Community instruments and structures in the area of migration and asylum.






Amendment 20





Article 4, paragraph 2, point (a)











(a)




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












(a)




contribute to
 the preparation of 
and approve
 the 
EMAN's
 annual programme of activities
, including an indicative amount of the minimum and maximum budget for each National Contact Point, which ensures that the basic costs arising from the proper functioning of the EMAN, in accordance with Article 5, are covered,
 on the basis of a draft from the Chair;








Amendment 21





Article 4, paragraph 2, point (d)











(d)


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;












(d)


identify the most appropriate strategic cooperative relationships with other 
national, European and international governmental and non-governmental
 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;








Amendment 22





Article 5, paragraph 1











1.


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












1.


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








 




In order to facilitate the work of the EMAN and to ensure the achievement of its objectives, the Member States shall take into account, when necessary, the need for coordination between their representative on the Steering Board and their 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.




The National Contact Point shall be composed of at least three experts 
from different backgrounds (government departments, NGOs and universities)
. One of these experts, who shall act as the national coordinator, shall be an official or employee of the designated entity.




 




The National Contact Points shall be bound by the principles of impartiality and objectivity in all aspects of their competences.






Amendment 23





Article 5, paragraph 2, point (a)











(a)


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












(a)




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








Amendment 24





Article 5, paragraph 3, point (b)











(b)


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












(b)


contribute national data
, analyses and assessments
 to the information exchange system referred to in Article 8;








Amendment 25





Article 5, paragraph 3, point (c)











(c)


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












(c)


develop a capacity to issue ad hoc requests addressed to it and to quickly respond to such requests from other National Contact Points 
as well as to requests from the Commission, the European Parliament or the Council
;








Amendment 26





Article 5, paragraph 3, point (d)











(d)


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.












(d)


establish a national migration 
and asylum
 network, composed of a wide-range of 
governmental and non-governmental
 organisations
, in particular universities, research centres, and professional associations,
 and individuals active in the 
various areas
 of migration and asylum
,
 representing all relevant stakeholders 
and capable of providing specific know-how
. Members of the national migration 
and asylum
 network 
shall
 be called upon to contribute to the activities of the 
EMAN
, in particular with regard to Articles 8 and 9.








Amendment 27





Article 6, paragraph 3











3.


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.












3.


After consultation of the National Contact Points 
and of the European Parliament and approval by the Steering Board
, the Commission shall, 
with due regard to the financial resources available and
 within the limits of the general objective and tasks defined in Articles 1 and 2, adopt the 
EMAN'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 
EMAN
 to the Steering Board.








Amendment 28





Article 7, paragraph 5a (new)





 










5a.





The activities referred to in paragraph 5, if not planned in the EMAN's annual programme of activities, shall be communicated in good time to the National Contact Points.









Amendment 29





Article 8, title







Information
 exchange 
system






Publication, dissemination and
 exchange 
of information






Amendment 30





Article 8, paragraph 1











1.


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












1.


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








Amendment 31





Article 8, paragraph 2, subparagraph 1











2.


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












2.


The content of the information 
publication, dissemination and
 exchange system shall normally be public.








Amendment 32





Article 8, paragraph 3, point (f)











(f)


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












(f)


a directory of researchers and research institutions in the area of migration and asylum 
and of NGOs and national, European, international and intergovernmental organisations active in that area
.








Amendment 33





Article 8, paragraph 3, point (fa) (new)





 










(fa)





a European bibliography including published and unpublished academic works, in particular reports, brochures and conference papers;









Amendment 34





Article 8, paragraph 3, point (fb) (new)





 










(fb)





a European agenda announcing conferences and key events in relation to all aspects of migration and asylum;









Amendment 35





Article 8, paragraph 3, point (fc) (new)





 










(fc)





a database into which researchers and doctoral students may enter information on their theses and studies in progress.









Amendment 36





Article 9, paragraph 1











1.


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.












1.


Each National Contact Point shall produce every year a report describing the migration and asylum situation in the Member State, which shall include 
legal developments (laws and case-law),
 policy developments and statistical data.








Amendment 37





Article 10, paragraph 1











1.


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.












1.


The 
EMAN
 shall cooperate with 
governmental and non-governmental
 entities
, bodies and organisations at European Union level and
 in the Member States 
and
 third countries 
and
 international organisations competent in the field of migration and asylum.


The EMAN shall give priority to interaction with third countries of origin and transit for migrants to the European Union.










Amendment 38





Article 10, paragraph 1a (new)





 










1a.





EMAN cooperation with the countries in which asylum-seekers and migrants originate and through which they transit shall ensure consistency in the implementation of the common immigration and asylum policy. Such cooperation shall be designed to achieve a suitable degree of cooperation with neighbouring countries in order to consolidate the European neighbourhood policy.









Amendment 39





Article 13





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.


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 European Economic and Social Committee, a report on the development of the 
EMAN
. The report shall be accompanied, if necessary, by proposals for amendments to this Decision 
with a view to the possible establishment of a European Migration Monitoring Centre
.




Amendment 40





Article 15, paragraph 1





This Decision shall apply from 
1 January 2008
.


This Decision shall apply from 
the date of its publication in the Official Journal of the European Union
.




Amendment 41





Article 15a (new)





 



Article 15a


Revision



This Decision shall be revised within a period of six months following the entry into force of the Treaty of Lisbon.








(1)  

OJ L 199, 31.7.2007, p. 23.



(2)  
Centre for Information, Discussion and Exchange on the Crossing of Frontiers and Immigration (CIREFI), as established following Council Conclusions of 30 November 1994 (OJ C 274, 19.9.1996, p. 50).



(3)  

OJ L 83, 1.4.2005, p. 48.



(4)  

OJ L 145, 31.5.2001, p. 43.