2008/381/EC: Council Decision of 14 May 2008 establishing a European Migration Network
Date: 2008-05-14
Institutions: Council of the European Union
Subjects: EU financing, EU migration policy, dissemination of EU information, exchange of information, immigration, information network, migratory movement, operation of the Institutions

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COUNCIL DECISION

of 14 May 2008

establishing a European Migration Network

(2008/381/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

(4)

(5)

(6)

(7)

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

establishing the European

Having regard to the proposal from the Commission,

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

Whereas:

(1)

(2)

(3)

In 2003 the Commission set up a three-year preparatory
action for the establishment of a European Migration
Network (‘EMN’), with a
the
Community and its Member States with objective,
reliable and up-to-date migration data.

view to providing

The European Council, at its meeting in Thessaloniki in
June 2003, taking into account the importance of moni-
toring and analysing the multidimensional migration
phenomenon, welcomed in its Conclusions the estab-
lishment 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
multiannual programme for strengthening the area of
the Hague
freedom,
security and justice, known as
Programme, 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
inter alia, on closer practical cooperation
2004, based,
between Member States and an improved exchange of
that
information. The Hague Programme recognises
‘The ongoing development of European asylum and
common
migration policy should be based on a
their aspects.
analysis of migratory phenomena in all

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’ which, in addition to an assessment
of the functioning of the EMN during the first years of
the preparatory period, also dealt with issues such as the
mandate and future structure of the EMN.

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

the EMN,

reliable

that

is,

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
in particular through
value in comparison with them,
the broad scope of its tasks, a strong focus on analysis,
links with the academic community and the public
availability of its outputs.

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

(1) Opinion of 10 April 2008, not yet published in the Official Journal.

(2) OJ L 199, 31.7.2007, p. 23.
(3) OJ L 83, 1.4.2005, p. 48.

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(8)

(9)

To achieve its objectives, the EMN should be supported
by a ‘National Contact Point’ in each Member State. The
activities of the National Contact Points should be coor-
dinated at Community level by the Commission, assisted
by a service provider with sufficient expertise to organise
the routine work of the EMN, including its information
exchange system.

they

the National Contact Points have the
To ensure that
necessary expertise to deal with the multifaceted aspects
of migration and asylum issues,
should be
composed of at least three experts who, individually or
jointly, have competences in policymaking, law, research
and statistics. These experts could come from the
Member States’ administrations or from any other orga-
nisation. Each National Contact Point should also collec-
tively have adequate expertise in information technology,
in setting up collaboration schemes and networking with
other national organisations and entities, and in colla-
borating in a multilingual environment at European level.

(10)

Each National Contact Point should establish a national
migration network, composed of organisations and indi-
viduals active in the area of migration and asylum, and
including,
research organi-
sations and researchers, governmental and non-govern-
mental organisations and international organisations, in
order to enable all relevant stakeholders to be heard.

for example, universities,

(15) Directive 95/46/EC of the European Parliament and of
the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data
and on the free movement of such data (2) and Regu-
lation (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 (3) should be taken into
the information exchange
account
system of the EMN.

in the context of

(16)

(17)

In accordance with 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
the United
establishing the European Community,
in the
Kingdom has notified its wish to take part
adoption and application of this Decision.

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
Ireland is
prejudice to Article 4 of the said Protocol,
not taking part in the adoption of this Decision and is
not bound by it or subject to its application.

(11) A ‘Steering Board’ should provide political guidance to
the EMN,
including contributing to the preparation of
and approving the EMN's annual programme of activities.

(18)

(12)

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
technological means,
advanced
through the most
including a dedicated website.

(13) When necessary for the achievement 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, Iceland, Norway,
Switzerland, in the countries candidates for accession, in
the countries covered by the European Neighbourhood
Policy and in Russia.

(14)

The EMN should be co-financed through grants from the
Commission, in accordance with Council Regulation (EC,
Euratom) No 1605/2002 of 25 June 2002; the Financial
Regulation applicable to the general budget of
the
European Communities (1).

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
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,

establishing

HAS ADOPTED THIS DECISION:

Article 1

Subject matter and scope

A European Migration Network (‘EMN’) is hereby estab-

1.
lished.

2.
The objective of the EMN shall be to meet the information
needs of Community institutions and of Member States’ au-
thorities
and institutions on migration and asylum, by
providing up-to-date, objective, reliable and comparable infor-
mation on migration and asylum, with a view to supporting
policymaking in the European Union in these areas.

(2) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation

(1) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regu-

(EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

lation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

(3) OJ L 8, 12.1.2001, p. 1.

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The EMN shall also serve to provide the general public

3.
with information on these subjects.

Article 4

Steering Board

Article 2

Tasks

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

To achieve the objective referred to in Article 1, the EMN

1.
shall:

(a) collect and exchange up-to-date and reliable data and infor-

mation from a wide range of sources;

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

(c)

in collaboration with other relevant EU bodies, contribute to
the development of indicators and criteria that will improve
the consistency of information and help in the development
of Community activities related to migratory statistics;

(d) produce and publish periodic reports on the migration and
asylum situation in the Community and the Member States;

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

The representative of the Commission shall act as Chair of

2.
the Steering Board.

3.
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.

4.
A representative of the European Parliament may parti-
cipate as an observer at the meetings of the Steering Board.

5.

The Steering Board shall in particular:

(a) contribute to the preparation of and approve the EMN'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
in
accordance with Article 5, are covered, on the basis of a
draft from the Chair;

the Network,

(f)

raise awareness of the EMN, by providing access to the
information it gathers and disseminating the output of the
EMN, unless this information is of a confidential nature;

(b) review progress made by the EMN, making recommen-

dations for necessary actions when required;

(g) coordinate information and cooperate with other relevant

European and international bodies.

2.
The EMN shall ensure that its activities are consistent and
coordinated with the relevant Community instruments and
structures in the area of migration and asylum.

(c) provide a succinct status report to the European Parliament,
the Economic and Social
the Council,
Committee and the Committee of the Regions concerning
the ongoing activities of the EMN and the key findings of its
studies, at least once a year;

the Commission,

Article 3

Composition

The EMN shall be composed of:

(d) identify the most appropriate strategic cooperative rela-
tionships with other entities competent
in the area of
migration and asylum and approve, when necessary, the
as
administrative
referred to in Article 10;

such cooperation,

arrangements

for

— National Contact Points designated by the Member States,

— the Commission.

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

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The Steering Board shall adopt its own rules of procedure
6.
and it shall meet, as convened by its Chair, at least twice a year.

Article 5

National Contact Points

1.
Each Member State shall designate one entity which shall
act as its National Contact Point. In order to facilitate the work
of the EMN and to ensure the achievement of its objectives,
Member States shall take into account, when necessary, the need
for a coordination between their representative in the Steering
Board and their National Contact Point.

The experts of each National Contact Point shall meet
6.
including, as appropriate, with
regularly to discuss its work,
members of
respective national migration networks
referred to in paragraph 5(d), and to exchange information
about ongoing and future activities.

the

Article 6

Coordination

1.
The Commission shall coordinate the work of the EMN,
also in accordance with Article 2(2), and shall ensure that it
appropriately reflects the political priorities of the Community
in the area of migration and asylum.

2.
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 entity so
designated. The remaining experts may come from either the
same entity, or from other national and international public or
private organisations based in the Member State.

3.
The experts of each National Contact Point shall collec-
tively have expertise in the area of asylum and migration,
law, research and statistics.
covering aspects of policymaking,

For

the work of

the organisation of

2.
the
Commission shall be assisted by a service provider selected on
the basis of a procurement procedure. This service provider
shall
the requirements established in Article 5(3), and
any other relevant requirements defined by the Commission.

the EMN,

fulfil

Under the supervision of

3.
provider shall, inter alia:

the Commission the service

(a) organise the day-to-day operation of the EMN;

4. Member States shall inform the Commission, no later than
three months after the entry into force of this Decision, which
experts comprise their National Contact Point, specifying how
the latter respond to the requirements set out in paragraph 3.

(b) establish and manage the information exchange system

referred to in Article 8;

The National Contact Points shall carry out the tasks of

5.
the EMN at national level and in particular:

(c) coordinate the input from the National Contact Points;

(a) provide national reports, including the reports referred to in

Article 9;

(b) contribute with national

information to the information

exchange system referred to in Article 8;

(c) develop a capacity to issue ad-hoc requests and to respond
quickly to such requests from other 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.

After consultation of

the National Contact Points and
4.
approval by the Steering Board, 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.

(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 relevant
stakeholders. Members of the national migration network
may be requested to contribute to the activities of
the
EMN, in particular with regard to Articles 8 and 9.

5.
Following the advice provided by the Steering Board
referred to in Article 4(5)(e), the Commission shall take the
necessary actions on the basis of
the grant agreements
referred to in paragraph 6 of this Article.

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The Commission shall, on the basis of the EMN's annual
6.
programme of activities, determine the indicative amounts
available for grants and contracts in the framework of a
financing decision pursuant to Article 75 of Regulation (EC,
Euratom) No 1605/2002.

The Commission shall award operating grants to the
7.
the requirements laid
National Contact Points which fulfil
down in Article 5(2) and (3) 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,

8.
in accordance with Article 113(2) of
Regulation (EC, Euratom) No 1605/2002, not be subject on
renewal to the principle of gradual decrease.

Article 7

Meetings

1.

The EMN shall normally meet at least five times a year.

Each National Contact Point

2.
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

3.
by a representative of the Commission.

The purpose of the periodic meetings of the EMN shall be

4.
to:

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

(e) consult with the National Contact Points in the develop-
activities

annual programme of

ment of
referred to in Article 6(4).

the EMN's

5.
Experts and entities which are not members of the EMN
may be invited to its meetings if their presence is considered
desirable. Joint meetings with other networks or organisations
may also be organised.

6.
The activities referred to in paragraph 5, if not planned in
the EMN's annual programme of activities, shall be commu-
nicated in due time to the National Contact Points.

Article 8

Information exchange system

1.
An Internet-based information exchange system, accessible
through a dedicated website, shall be established in accordance
with this Article.

The content of the information exchange system shall

2.
normally be public.

Without prejudice to Regulation (EC) No 1049/2001 of the
the Council of 30 May 2001
European Parliament and of
regarding public access to European Parliament, Council and
Commission documents (1), access to confidential
information
shall be restricted to EMN members only.

The information exchange system shall comprise at least

3.
the following elements:

(a) access to Community and national legislation, case law and
policy developments in the areas of migration and asylum;

(b) a functionality for ad-hoc requests, as

referred to in

Article 5(5)(c);

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

(c) a migration and asylum glossary and thesaurus;

(c) exchange information and views,

structure, organisation, content of and access
available information mentioned in Article 8;

in particular on the
to the

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

(d) 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(5)(c);

(e) a directory of researchers and research institutions in the

area of migration and asylum.

(1) OJ L 145, 31.5.2001, p. 43.

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For the purposes of access to the information mentioned
4.
in paragraph 3, the EMN may, when necessary, add links to
other sites where the original information is to be found.

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.

The dedicated website shall facilitate access to comparable
5.
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.

Article 9

Reports and studies

1.
Each National Contact Point shall provide 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
2.
preparation by each National Contact Point of other studies,
following common specifications, covering specific migration
and asylum-related issues necessary for the support of policy-
making.

Article 10

Cooperation with other entities

The EMN shall cooperate with entities in the Member
1.
States or in third countries, including EU agencies and interna-
tional organisations, competent in the field of migration and
asylum.

the cooperation
2.
The administrative arrangements
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.

for

Article 11

Budgetary resources

The budgetary resources allocated to the actions provided for in
this Decision shall be entered in the annual appropriations of

Article 12

Implementation of the budget

The Commission shall
support
1605/2002.

the Community financial
in accordance with Regulation (EC, Euratom) No

implement

Article 13

Review

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

Article 14

Publication and date of application

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

Article 15

Addressees

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

Done at Brussels, 14 May 2008.

For the Council
The President

A. BAJUK