2006/688/EC: Council Decision of 5 October 2006 on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration

14.10.2006 EN Official Journal of the European Union L 283/40
COUNCIL DECISION
of 5 October 2006
on the establishment of a mutual information mechanism concerning Member States' measures in the areas of asylum and immigration
(2006/688/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 66 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) On 4 November 2004 the European Council endorsed a multi-annual programme, known as the Hague Programme, for strengthening the area of freedom, security and justice, which calls for the development of the second phase of a common policy in the field of asylum, migration, visas and borders, which started on 1 May 2004, based, inter alia, on closer practical cooperation between Member States and an improved exchange of information.
(2) The development of common asylum and immigration policies since the entry into force of the Treaty of Amsterdam has resulted in closer interdependency between Member States' policies in these areas, making the need for a more coordinated approach of national policies essential for strengthening the area of freedom, security and justice.
(3) In conclusions adopted at its meeting of 14 April 2005, the Justice and Home Affairs Council called for the establishment of a system of mutual information between those in charge of migration and asylum policy in the Member States, based on the necessity to communicate information on measures considered likely to have a significant impact on several Member States or on the European Union as a whole and allowing for an exchange of views between Member States and the Commission at the request of any one of the Member States or the Commission.
(4) The information mechanism should be based on solidarity, transparency and mutual confidence and should provide a flexible, rapid and non-bureaucratic channel for exchanging information and views on national asylum and immigration measures at European Union level.
(5) For the purposes of the application of this Decision, national asylum and immigration measures which are likely to have a significant impact on several Member States or on the European Union as a whole may comprise policy intentions, long-term programming, draft and adopted legislation, final decisions of the highest courts or tribunals which apply or interpret measures of national law and administrative decisions affecting a significant number of persons.
(6) Communication of the relevant information should take place at the latest when the measures concerned become publicly available. Member States are however encouraged to transmit it as soon as possible.
(7) For reasons of efficiency and accessibility, a web-based network should be an essential element of the information mechanism concerning national measures in the areas of asylum and immigration.
(8) The exchange of information on national measures through a web-based network should be complemented by the possibility of exchanging views on such measures.
(9) The information mechanism established by this Decision should be without prejudice to the right of Member States to request ad-hoc discussions in the Council on national measures at any time, in accordance with the Council's rules of procedure.
(10) Since the objectives of this Decision, namely secure information exchange and consultation between Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of this Decision, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiary as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.
(11) The United Kingdom and Ireland, 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 establishing the European Community, have given notice of their wish to take part in the adoption and application of this Decision.
(12) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is therefore not bound by it or subject to its application,