Article 7 
This Regulation is without prejudice to the provisions on Consular cooperation at a local level contained in the Common Consular Instructions on visas for the diplomatic missions and consular posts(7). Article 8 This Regulation shall enter into force on 5 January 2004. 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, 19 February 2004. For the Council The President M. McDowell (1) OJ C 140, 14.6.2003, p. 12. (2) OJ L 67, 12.3.2003, p. 27. (3) OJ L 176, 10.7.1999, p. 36. (4) OJ L 176, 10.7.1999, p. 31. (5) OJ L 131, 1.6.2000, p. 43. (6) OJ L 64, 7.3.2002, p. 20. (7) OJ C 313, 16.12.2002, p. 1. This site is managed by the Publications Office of the European Union Need help? 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Amendment rationale: 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) network[1] (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-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 2005[3] 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 2005[4] 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 Commission [5]. 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 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 policy[7], 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 Asylum[8] 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 2005[9] establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services; Commission Decision of 15 December 2005[10] 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]

52009PC0322Proposal 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  /* COM/2009/0322 final - COD 2009/0098 */[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 8.7.2009COM(2009) 322 final2009/0098 (COD)Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Council Regulation (EC) No 377/2004 on the creation of an immigration liaison officers networkEXPLANATORY MEMORANDUM1. CONTEXT OF THE PROPOSAL-  Grounds for and objectives of the proposalThis proposal addresses amendments to Regulation (EC) No 377/2004 on the creation of an immigration liaison officers (ILO) network[1] (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 contextOn 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-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 2005[3] 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 2005[4] 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 Commission [5]. 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 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 policy[7], 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 Asylum[8] 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 proposalCouncil 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 2005[9] establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services;Commission Decision of 15 December 2005[10] 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.
Revised version (Article 7 ):
This Regulation is without prejudice to the provisions on Consular cooperation at a local level contained in the Common Consular Instructions on visas for the diplomatic missions and consular posts ( 10 ).
Article 8 
This Regulation shall enter into force on 5 January 2004. 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, 19 February 2004
Amendment rationale: 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) network[1] (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-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 2005[3] 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 2005[4] 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 Commission [5]. 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 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 policy[7], 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 Asylum[8] 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 2005[9] establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services; Commission Decision of 15 December 2005[10] 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]

52009PC0322Proposal 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  /* COM/2009/0322 final - COD 2009/0098 */[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 8.7.2009COM(2009) 322 final2009/0098 (COD)Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILamending Council Regulation (EC) No 377/2004 on the creation of an immigration liaison officers networkEXPLANATORY MEMORANDUM1. CONTEXT OF THE PROPOSAL-  Grounds for and objectives of the proposalThis proposal addresses amendments to Regulation (EC) No 377/2004 on the creation of an immigration liaison officers (ILO) network[1] (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 contextOn 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-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 2005[3] 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 2005[4] 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 Commission [5]. 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 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 policy[7], 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 Asylum[8] 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 proposalCouncil 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 2005[9] establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services;Commission Decision of 15 December 2005[10] 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.
Revised version (Article 8 ):
This Regulation shall enter into force on 5 January 2004.