Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 377/2004 on the creation of an immigration liaison officers network
Date: 2009-07-08
Institutions: European Commission
Subjects: EU migration policy, EU police cooperation, exchange of information, illegal migration, information network, police cooperation, public awareness campaign, third country

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.7.2009 
COM(2009) 322 final 

2009/0098 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 377/2004 on the creation of an immigration 
liaison officers network 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

This proposal addresses amendments to Regulation (EC) No 377/2004 on the creation of an 
immigration liaison officers (ILO) network1 (hereinafter: ‘the Regulation’) that are necessary 
in  order  to  ensure  efficient  use  of  this  important  cooperation  tool  for  the  management  of 
migration and external borders. The objective of the proposal is to adapt the Regulation, in the 
light of practical experience, to changes in Community law that have come into force since it 
was adopted. 

•  General context 

On 19 February 2004, the Council, having regard to the initiative of Greece and the opinion of 
the  European  Parliament,  adopted  Regulation  (EC)  No  377/2004,  which  lays  down  the 
obligation  to  establish  forms  of  cooperation  among  immigration  liaison  officers  of  Member 
States, the objectives of such cooperation, the functions and appropriate qualifications of such 
liaison  officers,  as  well  as  their  responsibilities  vis-à-vis  the  host  country  and  the  sending 
Member  State.  In  the  Regulation  ‘immigration  liaison  officer’  means  any  representative  of 
one  of  the  Member  States,  posted  abroad  by  the  immigration  service  or  other  competent 
authorities in order to establish and maintain contacts with the authorities of the host country 
with  a  view  to  contributing  to  the  prevention  and  combating  of  illegal  immigration, 
facilitating  the  return  of  illegal  immigrants  and  managing  legal  migration.  This  includes 
‘airline liaison officers’, ‘document advisors’ and ‘law enforcement liaison officers’, in so far 
as they also have to fulfil the aforementioned tasks.  

Immigration  liaison  officers  are  usually  posted  to  the  consular  offices  of  Member  States  in 
third countries or to the relevant authorities of other Member States, but could also be posted 
to  the  competent  authorities  of  the  third  countries  concerned,  as  well  as  to  international 
organisations for a reasonable time period to be determined by the posting Member State. 

On  26  October  2004,  the  Council  adopted  Regulation  (EC)  No  2007/2004  establishing  a 
European Agency for the Management of Operational Cooperation at the External Borders of 
the Member States of the European Union (FRONTEX)2. Pursuant to Article 2(1)(c) of this 
Regulation  FRONTEX  is  to  carry  out  risk  analyses.  These  analyses  must  be  based  on  the 
widest  possible  resources,  but  gathered  and  provided  primarily  by  the  Member  States’ 
competent  authorities.  In  order  to  fulfil  its  mission,  FRONTEX  must  also  facilitate 
operational  cooperation  between  Member  States  and  third  countries.  It  may  also  cooperate 
with  the  competent  authorities  of  third  countries  or  with  international  organisations  in  the 
framework of working arrangements concluded with these authorities. This cooperation can, 
inter alia, cover exchange of experience on border control issues, training of border guards, 
exchange  of  operational  information  and  joint  operations.  FRONTEX  has  no  permanent 
representation in any third countries. Although immigration liaison officers posted in relevant 
third  countries  could  provide  a  substantial  contribution  to  the  fulfilment  of  the  above-

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2 

OJ L 64, 2.3.2004, p. 1. 
OJ L 349, 25.11.2004, p. 1. 

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mentioned  tasks  of  FRONTEX,  this  potential  is  not  yet  adequately  exploited  owing  to 
insufficient links between the liaison officers and the Agency. 

Structured  and  secure  means  of  communication  for  immigration  liaison  officers  working  in 
the  field  and  for  information  exchange  with  other  Member  States  are  key  elements  for 
enhanced  cooperation.  Council  Decision  2005/267/EC  of  16  March  20053  establishing  a 
secure  web-based  Information  and  Coordination  Network  for  Member  States’  Migration 
Management  Services  (known  as  ‘ICONet’),  supplemented  by  the  Commission  Decision  of 
15  December  20054  laying  down  detailed  rules  for  the  implementation  of  that  Council 
Decision,  provides  for  a  platform  for  the  exchange  of  strategic,  tactical  and  operational 
information  concerning  illegal  migratory  movements.  The  ‘ILO  Network’  is  a  separate 
component  of  ICONet,  comprising  subsections  for  lists  of  immigration  liaison  officers  and 
airline liaison officers (not in use at the moment), for the ILO central points/national units of 
Member  States  and  for  regional  information.  The  latter  is  further  divided  into  geographical 
regions,  where  all  relevant  information  (e.g.  country  reports,  risk  analysis)  can  be  made 
available for the immigration liaison officers.  

Practical  experience  shows  that  the  ‘ILO  Network’  is  clearly  underused.  The  Commission 
proposes promoting the use of this secure and easily accessible communication tool by adding 
a reference to the network in the corresponding article of the Regulation. 

Several Member States have informally agreed to lead regional ILO networks in Africa and to 
hold  meetings  in  this  context.  Given  that  the  current  wording  of  the  Regulation  only 
encourages Member States holding the Presidency of the Council of the European Union (or 
Member States serving as acting Presidency) to take the initiative to hold such meetings, the 
Commission is proposing a clarification to the effect that also Member States agreeing to lead 
regional networks are in a position to hold such meetings. 

As  far  as  reporting  duties  are  concerned,  the  Regulation  stipulates  that  ‘The  Member  State 
holding the Presidency of the Council of the European Union or, if this Member State is not 
represented  in  the  country  or  region,  the  Member  State  serving  as  acting  Presidency  shall 
draw up, by the end of each semester, a report on the activities of immigration liaison officers 
networks in which it has a representative, as well as on the situation in the host country, in 
matters  relating  to  illegal  immigration  to  the  Council  and  the  Commission.  Such  a  report 
shall be drawn up in accordance with a model and a format established by the Commission5. 
These reports will constitute an essential form of information for the preparation, at the end 
of each Presidency, of an evaluation report to be submitted to the Council, and drafted by the 
Commission,  on  the  existing  situation  in  every  third  country,  where  Member  States’ 
immigration liaison officers are posted.’ 

Since  the  Regulation  entered  into  force  six  reports  on  the  activities  of  ILO  networks  have 
been presented, by the UK, Austrian, Finnish, German, Portuguese and Slovene Presidencies, 
focusing  on  selected  third  countries  only.  The  Commission  has  not  been  able  to  fulfil  its 
obligation to present a comprehensive evaluation report on the basis of the Presidency reports 
to Council either. Given that, at the moment, Member States’ immigration liaison officers are 
posted  to  more  than  130  third  countries  these  provisions  on  reporting  obligations  are  not 

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OJ L 83, 1.4.2005, p. 48. 
C (2005) 5159 final. 
Commission Decision of 29 September 2005, OJ L 264, 8.10.2005, p. 8. 

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applicable in practice. The Commission therefore proposes to adapt the relevant provisions in 
a meaningful way. 

Decision  No  574/2007/EC  of  the  European  Parliament  and  of  the  Council  of  23  May  2007 
establishes, for the period from 1 January 2007 to 31 December 2013, the External Borders 
Fund as part of the General programme ‘Solidarity and Management of Migration Flows’6, in 
order to contribute to strengthening the area of freedom, security and justice and applying the 
principle of solidarity between the Member States. The available resources of this Fund may 
be used to enhance activities organised by the consular and other services of Member States in 
third  countries,  including  the  activities  of  immigration  liaison  officers.  As  it  is  stated  by 
Article 4(4)(a) of this Decision, the External Borders Fund shall support the reinforcement of 
the  operational  capacity  of  the  ILO  networks  and  the  promotion  of  a  more  effective 
cooperation through those networks between the Member States.  

In June 2008, the Commission adopted a Communication on a common immigration policy7, 
setting  out  principles,  actions  and  tools,  building  on  the  Tampere  European  Council’s 
milestones, the Hague Programme and the Global Approach to Migration, launched in 2005. 
In the light of this Communication, the European Council adopted on 15-16 October 2008 the 
European  Pact  on  Immigration  and  Asylum8  in  which  it  stressed  the  need  for  greater 
cooperation  between  Member  States  and  the  Commission  and  the  countries  of  origin  and 
transit in order to control illegal immigration. 

•  Existing provisions in the area of the proposal 

Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration 
liaison officers network; 

Council  Decision  2005/267/EC  of  16  March  20059  establishing  a  secure  web-based 
Information and Coordination Network for Member States’ Migration Management Services; 

Commission  Decision  of  15  December  200510  laying  down  detailed  rules  for  the 
implementation of Council Decision 2005/267/EC; 

Memorandum  of  Understanding  concerning  the  development  of  the  secure  web-based 
Information and Coordination Network for Member States’ Migration Management Services, 
between  the  European  Commission  and  the  European  Agency  for  the  Management  of 
Operational  Cooperation  at  the  External  Borders  of  the  Member  States  of  the  European 
Union.11 

INTERESTED 

PARTIES  AND 

IMPACT 

2. 

CONSULTATION  OF 
ASSESSMENT 

•  Consultation of interested parties 

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OJ L 144, 6.6.2007, p. 22. 
COM(2008) 359 final. 
Council doc. 13440/08. 
OJ L 83, 1.4.2005, p. 48. 
C (2005) 5159 final. 
C(2007) 374. 

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Member States were initially consulted up to the end of 2006 on the basis of a questionnaire 
initiated under the Finnish Presidency in the Council Working Group CIREFI. Their replies 
were discussed in SCIFA in March 2007.  

Member  States  considered  in  particular  the  broad  reporting  obligation  in  Article  6  of  the 
Regulation  as  inappropriate  and  underlined  the  added  value  of  involving  FRONTEX  more 
extensively.  They  also  expressed  the  wish  to  step  up  the  use  of  ICONet  and  to  improve 
cooperation between immigration liaison officers in Africa. The latter aspect was discussed at 
an expert meeting in late spring 2007 and in the Committee on Immigration and Asylum in 
October 2007. 

In  March  2008,  the  Commission  circulated  a  questionnaire  with  different  options  for 
amending Council Regulation (EC) No 377/2004. Based on the replies received, in October 
2008 the Commission presented the Committee on Immigration and Asylum with an informal 
working document providing concrete proposals for amending the relevant provisions of the 
Regulation.  The  Commission  proposed  to  table,  in  a  first  phase,  the  necessary  amendments 
concerning the reporting obligations, the involvement of FRONTEX and the improvement of 
ICONet. In a second phase, the need and possibilities for creating an ‘EU’ immigration liaison 
officer — who could be posted with a view to representing the interests of all Member States 
as well as of the relevant EU bodies — would be reviewed in connection with the revision of 
the FRONTEX Regulation planned for 2010. This revision would also consider transferring 
the responsibility for managing ICONet from the Commission to FRONTEX. 

These proposals, including the two-phase approach, were supported by the Member States.  

•  Impact assessment 

An impact assessment was not carried out because the present proposal introduces only minor 
and mainly technical changes into existing legislation. These changes will have no identifiable 
economic,  social  or  environmental  impact.  Furthermore,  the  EU’s  Better  Regulation  policy 
aims,  among  other  things,  to  simplify  and  improve  existing  legislation  in  line  with  the 
proportionality principle. This proposal fulfils these objectives by ensuring consistency with 
changes in Community law that have come into force since the Regulation was adopted, while 
taking into account practical experience gained in implementing it. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed actions 

The proposed amendments establish a link and provide a legal basis for cooperation between 
FRONTEX  and  the  ILO  networks,  promote  the  use  of  ICONet  for  regular  exchange  of 
information and practical experience, highlight the possibility of using available Community 
funds  for  the  creation  and  smooth  operation  of  ILO  networks,  and  rationalise  the  reporting 
system related to the activities of established ILO networks, ensuring also that the European 
Parliament as co-legislator12 in this policy area is properly informed.  

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Council Decision of 22 December 2004 providing for certain areas covered by Title IV of Part Three of 
the  Treaty  establishing  the  European  Community  to  be  governed  by  the  procedure  laid  down  in 
Article 251 of that Treaty, OJ L 396, 31.12.2004, p. 45. 

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•  Legal basis 

Article 63(3)(b) and Article 66 of the Treaty establishing the European Community form the 
legal  basis  for  this  proposal  for  a  Regulation,  as  it  amends  Council  Regulation  (EC)  No 
377/2004  of  19  February  2004  on  the  creation  of  an  immigration  liaison  officers  network, 
which  is  based  on  these  Articles,  and  as  it  will  further  specify  the  functioning  of  such 
networks. 

•  Subsidiarity principle 

Under  Article  63(3)(b)  of  the  EC  Treaty,  the  Community  has  the  power  to  adopt  measures 
relating to illegal immigration and illegal residence, including repatriation of illegal residents. 
Under  Article  66  the  Council,  acting  in  accordance  with  the  procedure  referred  to  in 
Article 67, must take measures to ensure cooperation between the relevant departments of the 
administrations  of  the  Member  States,  as  well  as  between  those  departments  and  the 
Commission.  The  current  Community  provisions  on  the  creation  and  functioning  of  ILO 
networks  need  to  be  adapted  to  take  into  account  changes  in  Community  law,  as  well  as 
practical experience gained in this context.  

Therefore, the objective of the proposal cannot be sufficiently achieved by the Member States.  

•  Proportionality principle 

Article 5 of the EC Treaty states that action by the Community must not go beyond what is 
necessary to achieve the objectives of the Treaty. The form chosen for this Community action 
must  enable  the  proposal  to  achieve  its  objective  and  be  implemented  as  effectively  as 
possible.  The  proposed  initiative  —  amendment  of  the  Regulation  —  constitutes  a  further 
development  of  the  Schengen  acquis  combating  the  organisation  of  illegal  immigration  and 
ensures cooperation between the relevant departments of the administrations of the Member 
States,  as  well  as  between  those  departments  and  the  Commission.  The  proposal  therefore 
complies with the proportionality principle. 

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•  Choice of instrument  

Proposed instrument: regulation. 

Other means would not be adequate as the present proposal amends a regulation.  

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5. 

ADDITIONAL INFORMATION 

•  Consequences of the various protocols annexed to the Treaties and of the association 

agreements concluded with third countries  

The legal basis for this proposal is to be found in Title IV of the EC Treaty, with the result 
that  the  system  of  ‘variable  geometry’,  provided  for  in  the  protocols  on  the  position  of  the 
United  Kingdom,  Ireland  and  Denmark  and  the  Schengen  protocol,  applies.  The  proposal 
builds  on  the  Schengen  acquis.  The  following  consequences  in  relation  to  the  various 
protocols therefore have to be considered: 

United Kingdom and Ireland  

The  United  Kingdom  is  taking  part  in  this  Regulation  in  accordance  with  Article  5  of  the 
Protocol integrating the Schengen acquis into the framework of the European Union annexed 
to the EU Treaty and to the EC Treaty and Article 8(2) of Council Decision 2000/365/EC of 
29  May  2000  concerning  the  request  of  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland to take part in some of the provisions of the Schengen acquis. 

Ireland  is  taking  part  in  this  Regulation  in  accordance  with  Article  5  of  the  Protocol 
integrating the Schengen acquis into the framework of the European Union annexed to the EU 
Treaty  and  to  the  EC  Treaty  and  Article  6(2)  of  Council  Decision  2002/192/EC  of  28 
February  2002  concerning  Ireland’s  request  to  take  part  in  some  of  the  provisions  of  the 
Schengen acquis. 

Denmark  

Under  the  Protocol  on  the  position  of  Denmark,  annexed  to  the  EU  Treaty  and  to  the  EC 
Treaty, Denmark  does not take part in the adoption by the Council of measures pursuant to 
Title  IV  of  the  EC  Treaty,  with  the  exception  of  ‘measures  determining  the  third  countries 
whose  nationals  must  be  in  possession  of  a  visa  when  crossing  the  external  borders  of  the 
Member States, or measures relating to a uniform format for visas’. 

This proposal builds on the Schengen acquis, and under Article 5 of the Protocol ‘Denmark 
shall  decide  within  a  period  of  six  months  after  the  Council  has  decided  on  a  proposal  or 
initiative  to  build  upon  the  Schengen  acquis  under  the  provisions  of  Title  IV  of  the  Treaty 
establishing the European Community whether it will implement this decision in its national 
law.’ 

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Iceland and Norway  

As regards Iceland and Norway, this proposal constitutes a development of the provisions of 
the Schengen acquis within the meaning of the Agreement concluded by the Council of the 
European  Union  and  the  Republic  of  Iceland  and  the  Kingdom  of  Norway  concerning  the 
association of those two States with the implementation, application and development of the 
Schengen acquis13. 

Switzerland 

As  regards  Switzerland,  this  proposal  constitutes  a  development  of  the  provisions  of  the 
Schengen acquis within the meaning of the Agreement concluded by the European Union, the 
European  Community  and  the  Swiss  Confederation  on  the  latter’s  association  with  the 
implementation, application and development of the Schengen acquis14. 

Liechtenstein 

As  regards  Liechtenstein,  this  proposal  constitutes  a  development  of  the  provisions  of  the 
Schengen  acquis  within  the  meaning  of  the  Protocol  between  the  European  Union,  the 
European  Community,  the  Swiss  Confederation  and  the  Principality  of  Liechtenstein  on  the 
accession of the Principality of Liechtenstein to the Agreement between the European Union, 
the  European  Community  and  the  Swiss  Confederation  on  the  Swiss  Confederation’s 
association with the implementation, application and development of the Schengen acquis15. 

•  Detailed explanation of the proposal 

Article 1 

The first paragraph and point (a) of the second paragraph promote the use of the secure web-
based  Information  and  Coordination  Network  for  Member  States’  Migration  Management 
Services  (ICONet)  for  the  exchange  of  information  on  the  posting  of  immigration  liaison 
officers  and  for  the  exchange  of  information  and  practical  experience  among  immigration 
liaison officers.  

Point (b) of the second paragraph ensures closer cooperation between FRONTEX and the ILO 
networks.  

Point (c) of the second paragraph allows any Member State — other than the one holding or 
acting  as  the  Presidency  —  to  take  the  initiative  to  hold  meetings  of  immigration  liaison 
officers. 

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OJ L 176, 10.7.1999, p. 36. 
OJ L 53, 27.2.2008, p. 52. 
OJ L […], […], p. […]. 

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The third paragraph simplifies the reporting obligation under the Regulation. It also provides 
for  the  relevant  European  institutions  to  receive  regular  information  on  activities  of 
immigration  liaison  officers’  networks  in  specific  regions  and/or  countries  of  particular 
interest to the European Union, as well as on the situation in those regions and/or countries, in 
matters relating to illegal immigration. 

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2009/0098 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

of […] 

amending Council Regulation (EC) No 377/2004 on the creation of an immigration 
liaison officers network 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 63(3)(b) and Article 66 thereof, 

Having regard to the proposal from the Commission16, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

16 
17 
18 
19 

Council  Regulation  (EC)  No  377/2004  of  19  February  2004  on  the  creation  of  an 
immigration liaison officers network17 lays down the obligation to establish forms of 
cooperation  among  immigration  liaison  officers  of  Member  States,  the  objectives  of 
such cooperation, the functions and appropriate qualifications of such liaison officers, 
as  well  as  their  responsibilities  vis-à-vis  the  host  country  and  the  sending  Member 
State. 

Council  Decision  2005/267/EC18  established  a  secure  web-based  Information  and 
Coordination Network for Member States’ Migration Management Services (ICONet) 
for the exchange of information on irregular migration, illegal entry and immigration 
and  the  return  of  illegal  residents.  The  elements  for  information  exchange  are  to 
include the networks of immigration liaison officers. 

Regulation  (EC)  No  2007/2004  established  a  European  Agency  for  the  Management 
of  Operational  Cooperation  at  the  External  Borders  of  the  Member  States  of  the 
European  Union  (FRONTEX)19.  The  FRONTEX  Agency  is  tasked  with  preparing 
general and tailored risk analyses to be submitted to the Council and the Commission.  

Immigration 
illegal 
immigration  for  use  either  at  operational  level  or  at  strategic  level,  or  both.  Such 

information  concerning 

liaison  officers  have 

to  collect 

OJ C […], […], p. […]. 
OJ L 64, 2.3.2004, p. 1. 
OJ L 83, 1.4.2005, p. 48. 
OJ L 349, 25.11.2004, p. 1. 

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(5) 

(6) 

(7) 

(8) 

(9) 

information  could  substantially  contribute  to  the  FRONTEX  Agency’s  activities 
related  to  risk  analysis,  and  closer  cooperation  between  the  immigration  liaison 
officers’ networks and the FRONTEX Agency should be established to that effect. 

All Member States should be able to initiate meetings, when considered appropriate, 
between the immigration liaison officers posted in a particular third country or region, 
in order to enhance cooperation between them. 

Decision No 574/2007/EC of the European Parliament and of the Council of 23 May 
2007 establishes for the period from 1 January 2007 to 31 December 2013 the External 
Borders  Fund  as  part  of  the  General  programme  ‘Solidarity  and  Management  of 
Migration  Flows’20,  in  order  to  contribute  to  strengthening  the  area  of  freedom, 
security  and  justice  and  applying  the  principle  of  solidarity  between  the  Member 
States.  The  available  resources  of  this  Fund  may  be  used  to  enhance  the  activities 
organised by the consular and other services of Member States in third countries and 
to  support  the  reinforcement  of  the  operational  capacity  of  the  immigration  liaison 
officers' networks, thereby promoting a more effective cooperation via these networks, 
between the Member States. 

The  Council,  the  European  Parliament  and  the  Commission  should  be  informed 
regularly  about  the  activities  of  immigration  liaison  officers  networks  in  specific 
regions and/or countries of particular interest to the European Union, as well as on the 
situation in those regions and/or countries, in matters relating  to illegal immigration. 
The  selection  of  the  specific  regions  and/or  countries  of  particular  interest  to  the 
European Union should be based on objective migratory indicators, such as statistics 
on illegal migration and risk analyses prepared by the FRONTEX Agency, and should 
be in line with overall EU external relations policy. 

Regulation (EC) No 377/2004 should, therefore, be amended accordingly. 

Since the objectives of the proposed action, namely adapting the current Community 
provisions on the creation and functioning of immigration liaison officers networks in 
order to take into account changes in Community law, as well as practical experience 
gained in this context, cannot be sufficiently achieved by the Member States and can 
therefore be better achieved at Community level, the Community may adopt measures, 
in  accordance  with  principle  of  subsidiarity  as  set  out  in  Article  5  of  the  Treaty.  In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Regulation does not go beyond what is necessary in order to achieve those objectives. 

(10)  This Regulation respects the fundamental rights and observes the principles recognised 
by  Article  6(2)  of  the  Treaty  on  European  Union  and  reflected  in  the  European 
Convention for the Protection of Human Rights and Fundamental Freedoms as well as 
in the Charter of Fundamental Rights of the European Union. 

(11)  The United Kingdom is taking part in this Regulation, in accordance with Article 5 of 
the  Protocol  integrating  the  Schengen  acquis  into  the  framework  of  the  European 
Union  annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the 
European Community, and Article 8(2) of Council Decision 2000/365/EC of 29 May 

20 

OJ L 144, 6.6.2007, p. 22. 

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(12) 

(13) 

2000  concerning  the  request  of  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland to take part in some provisions of the Schengen acquis21. 

Ireland is taking part in this Regulation, in accordance with Article 5 of the Protocol 
integrating the Schengen acquis into the framework of the European Union annexed to 
the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the  European 
Community, and Article (6)2 of Council Decision 2002/192/EC of 28 February 2002 
concerning Ireland’s request to take part in some of the provisions of the acquis22. 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed to the Treaty on European Union and to the Treaty establishing the European 
Community, Denmark is not taking part in the adoption of this Regulation and is not 
bound  by  it,  or  subject  to  its  application.  Given  that  this  Regulation  builds  on  the 
Schengen  acquis  under  the  provisions  of  Title  IV  of  Part  Three  of  the  Treaty 
establishing the European Community, Denmark should, in accordance with Article 5 
of  the  said  Protocol,  decide  within  a  period  of  six  months  after  the  adoption  of  this 
Regulation whether it will implement it in its national law.  

(14)  As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of  the 
provisions of the Schengen acquis, within the meaning of the Agreement concluded by 
the Council of the European Union and the Republic of Iceland and the Kingdom of 
Norway  concerning  the  latter’s  association  with  the  implementation,  application  and 
development  of  the  Schengen  acquis23,  which  fall  within  the  area  referred  to  in 
Article 1, point A and E of Council Decision 1999/437/EC24 on certain arrangements 
for the application of that Agreement. 

(15)  As regards Switzerland, this Regulation constitutes a development of provisions of the 
Schengen acquis, within the meaning of the Agreement signed between the European 
Union,  the  European  Community  and  the  Swiss  Confederation25  concerning  the 
association  of  the  Swiss  Confederation  with  the  implementation,  application  and 
development  of  the  Schengen  acquis,  which  fall  within  the  area  referred  to  in 
Article 1, point A and E, of Decision 1999/437/EC read in conjunction with Article 3 
of Council Decision 2008/146/EC26.  

(16)  As  regards  Liechtenstein,  this  Regulation  constitutes  a  development  of  provisions  of 
the Schengen acquis, within the meaning of the Protocol signed between the European 
Union,  the  European  Community,  the  Swiss  Confederation  and  the  Principality  of 
Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement 
between the European Union, the European Community and the Swiss Confederation 
on  the  Swiss  Confederation’s  association  with  the  implementation,  application  and 
development  of  the  Schengen  acquis,  which  fall  within  the  area  referred  to  in 
Article 1, point A and E, of Decision 1999/437/EC read in conjunction with Article 3 
of Council Decision 2008/261/EC27. 

21 
22 
23 
24 
25 
26 
27 

OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 
OJ L 176, 10.7.1999, p. 36. 
OJ L 176, 10.7.1999, p. 31. 
OJ L 53, 27.2.2008, p. 1. 
OJ L 53, 27.2.2008, p. 1. 
OJ L 83, 26.3.2008, p. 3. 

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12 

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HAVE ADOPTED THIS REGULATION: 

Article 1 
Amendment 

Regulation (EC) No 377/2004 is amended as follows: 

(1) 

In Article 3 the second sentence in paragraph 1 is deleted and the following paragraph 
(3) is inserted: 

‘3.  The information referred to in paragraphs (1) and (2) shall be made available 
on  the  secure  web-based  Information  and  Coordination  Network  for  Member 
States’  Migration  Management  Services  established  by  Council  Decision 
2005/267/EC28  (hereinafter  referred  to  as  “ICONet”)  under  the  section 
dedicated to immigration liaison officers networks. The Commission shall also 
provide this information to the Council.’ 

(2) 

Article 4 is amended as follows: 

(a) In paragraph 1 the second indent is replaced with the following: 

‘-  exchange  information  and  practical  experience,  in  particular  at  meetings  and  via 
ICONet.’  

(b) paragraph 2 is replaced with the following: 

‘2.  Representatives of the Commission and the FRONTEX Agency established by 
Regulation (EC) No 2007/2004 shall be entitled to participate in the meetings 
organised  within  the  framework  of  the  immigration  liaison  officers  network, 
although,  if  required  by  operational  considerations,  meetings  may  be  held  in 
the absence of these representatives. Other bodies and authorities may also be 
invited, as appropriate.’ 

(c) In paragraph 3, the following sentence is added: 

‘Such meetings may also be held at the initiative of other Member States.’ 

(3) 

Article 6 is replaced with the following: 

‘1.  The  Member  State  holding  the  Presidency  of  the  Council  of  the  European 
Union or, if this Member State is not represented in the country or region, the 
Member State serving as acting Presidency shall draw up, by the end of each 
semester, a report to the Council, the European Parliament and the Commission 
on  the  activities  of  immigration  liaison  officers  networks  in  specific  regions 
and/or countries of particular interest to the European Union, as well as on the 
situation  in  those  regions  and/or  countries,  in  matters  relating  to  illegal 
immigration.  The  selection,  following  a  consultation  with  the  Member  States 
and  the  Commission,  of  the  specific  regions  and/or  countries  of  particular 
interest  to  the  European  Union  shall  be  based  on  objective  migratory 

28 

OJ L 83, 1.4.2005, p. 48. 

EN 

13 

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indicators, such as statistics on illegal migration and risk analyses prepared by 
the FRONTEX Agency, and shall be in line with overall EU external relations 
policy. 

2. 

3. 

Such  reports  shall  be  drawn  up  in  accordance  with  the  model  established  by 
Commission  Decision  2005/687/EC29  and  indicate  the  relevant  selection 
criteria. 

The Commission shall, on the basis of the abovementioned reports, provide a 
factual summary to the Council and to the European Parliament, on an annual 
basis, on the development of the immigration liaison officers networks.’ 

Article 2 
Entry into force 

This Regulation shall enter into force on the twentieth day following its publication in the 
Official Journal of the European Union. 

This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaty establishing the European Community.  

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

29 

OJ L 264, 8.10.2005, p. 8. 

EN 

14 

   EN