Article 1 
1. In this Regulation "immigration liaison officer" means a 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, the return of illegal immigrants and the management of legal migration. 2. For the purpose of this Regulation, as immigration liaison officers shall also be considered the liaison officers who are dealing with immigration issues as part of their duties. 3. The immigration liaison officers could be posted to the national consular authorities of Member States in third countries or to the relevant authorities of other Member States, but also to the competent authorities of the third countries, as well as to international organisations for a reasonable time period to be determined by the posting Member State. 4. This Regulation is without prejudice to the tasks of immigration liaison officers within the framework of their responsibilities under national law, policies or procedures or under special agreements concluded with the host country or international organisations. Article 2 1. Each Member State shall ensure that its immigration liaison officers establish and maintain direct contacts with the competent authorities in the host country and any appropriate organisation within the host country, with a view to facilitating and expediting the collection and exchange of information. 2. Immigration liaison officers shall collect information for use either at the operational level, or at a strategic level, or both. Such information shall in particular concern issues such as: - flows of illegal immigrants originating from or transiting through the host country, - routes followed by those flows of illegal immigrants in order to reach the territories of the Member States, - their modus operandi, including the means of transport used, the involvement of intermediaries, etc., - the existence and activities of criminal organisations involved in the smuggling of immigrants, - incidents and events that may be or become the cause for new developments with respect to flows of illegal immigrants, - methods used for counterfeiting or falsifying identity documents and travel documents, - ways and means to assist the authorities in host countries in preventing illegal immigration flows originating from or transiting through their territories, - ways and means to facilitate the return and repatriation of illegal immigrants to their countries of origin, - legislation and legal practices relevant to the issues referred to above, - information transmitted via the early warning system. 3. Immigration liaison officers shall also be entitled to render assistance in establishing the identity of third country nationals and in facilitating their return to their country of origin. 4. Member States shall ensure that their immigration liaison officers carry out their tasks within the framework of their responsibilities and in compliance with the provisions, including those on the protection of personal data, laid down in their national laws and in any agreements or arrangements concluded with host countries or international organisations. Article 3 1. Member States shall systematically and without delay inform one another, the Council and the Commission of their secondments of immigration liaison officers, including a description of their duties. The Commission shall provide a collection of this information to the Council and Member States. 2. Each Member State shall also inform the others of its intentions as regards the secondment of immigration liaison officers to third countries, so as to allow the other Member States to express an interest in concluding a cooperative agreement with the Member State concerned on such secondment, as referred to in Article 5. Article 4 1. Member States shall ensure that their immigration liaison officers posted to the same third countries or regions constitute local or regional cooperation networks among each other. Within the framework of such networks immigration liaison officers shall, in particular: - meet regularly and whenever necessary, - exchange information and practical experience, - coordinate positions to be adopted in contacts with commercial carriers, when appropriate, - attend joint specialised training courses, when appropriate, - organise information sessions and training courses for members of the diplomatic and consular staff of the missions of the Member States in the host country, when appropriate, - adopt common approaches as to methods of collecting and reporting strategically relevant information, including risk analyses, to the competent authorities of the sending Member States, - contribute to the biannual reports of their common activities, which are drafted in accordance with Article 6(1), - set up regular contacts with similar networks in the host country and in neighbouring third countries, as appropriate. 2. Representatives of the European Commission shall be entitled to participate in the meetings organised within the framework of immigration liaison officers network, although if operational considerations so require, meetings may be held in the absence of a representative of the European Commission. Other bodies and authorities may also be invited, as appropriate. 3. The Member State holding the Presidency of the Council of the European Union shall take the initiative to hold such meetings. If the Member State holding the Presidency is not represented in the country or region, it is up to the Member State serving as acting Presidency to take the initiative to hold the meeting. Article 5 1. Member States may bilaterally or multilaterally agree that immigration liaison officers who are posted to a third country or international organisation by a Member State shall also look after the interests of one or more other Member States. 2. Member States may also agree that their immigration liaison officers shall share certain tasks among each other. Article 6 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 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. 2. Such reports shall be drawn up in accordance with a model and a format established by the Commission. 3. 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. 4. The Commission shall, on the basis of the abovementioned reports include a factual summary in its annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents. When presenting its evaluation to the Council, the Commission may make such proposals or recommendations as it deems appropriate. 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? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Need help? Help pages Contact Sitemap Help pages Contact Sitemap Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Information About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop Switch to mobile Switch to desktop
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 5 ):
1. Member States may bilaterally or multilaterally agree that immigration liaison officers who are posted to a third country or international organisation by a Member State shall also look after the interests of one or more other Member States. 2. Member States may also agree that their immigration liaison officers shall share certain tasks among each other.
Article 2 
1. Each Member State shall ensure that its immigration liaison officers establish and maintain direct contacts with the competent authorities in the host country and any appropriate organisation within the host country, with a view to facilitating and expediting the collection and exchange of information. 2. Immigration liaison officers shall collect information for use either at the operational level, or at a strategic level, or both. Such information shall in particular concern issues such as: - flows of illegal immigrants originating from or transiting through the host country, - routes followed by those flows of illegal immigrants in order to reach the territories of the Member States, - their modus operandi, including the means of transport used, the involvement of intermediaries, etc., - the existence and activities of criminal organisations involved in the smuggling of immigrants, - incidents and events that may be or become the cause for new developments with respect to flows of illegal immigrants, - methods used for counterfeiting or falsifying identity documents and travel documents, - ways and means to assist the authorities in host countries in preventing illegal immigration flows originating from or transiting through their territories, - ways and means to facilitate the return and repatriation of illegal immigrants to their countries of origin, - legislation and legal practices relevant to the issues referred to above, - information transmitted via the early warning system. 3. Immigration liaison officers shall also be entitled to render assistance in establishing the identity of third country nationals and in facilitating their return to their country of origin. 4. Member States shall ensure that their immigration liaison officers carry out their tasks within the framework of their responsibilities and in compliance with the provisions, including those on the protection of personal data, laid down in their national laws and in any agreements or arrangements concluded with host countries or international organisations. Article 3 1. Member States shall systematically and without delay inform one another, the Council and the Commission of their secondments of immigration liaison officers, including a description of their duties. The Commission shall provide a collection of this information to the Council and Member States. 2. Each Member State shall also inform the others of its intentions as regards the secondment of immigration liaison officers to third countries, so as to allow the other Member States to express an interest in concluding a cooperative agreement with the Member State concerned on such secondment, as referred to in Article 5. Article 4 1. Member States shall ensure that their immigration liaison officers posted to the same third countries or regions constitute local or regional cooperation networks among each other. Within the framework of such networks immigration liaison officers shall, in particular: - meet regularly and whenever necessary, - exchange information and practical experience, - coordinate positions to be adopted in contacts with commercial carriers, when appropriate, - attend joint specialised training courses, when appropriate, - organise information sessions and training courses for members of the diplomatic and consular staff of the missions of the Member States in the host country, when appropriate, - adopt common approaches as to methods of collecting and reporting strategically relevant information, including risk analyses, to the competent authorities of the sending Member States, - contribute to the biannual reports of their common activities, which are drafted in accordance with Article 6(1), - set up regular contacts with similar networks in the host country and in neighbouring third countries, as appropriate. 2. Representatives of the European Commission shall be entitled to participate in the meetings organised within the framework of immigration liaison officers network, although if operational considerations so require, meetings may be held in the absence of a representative of the European Commission. Other bodies and authorities may also be invited, as appropriate. 3. The Member State holding the Presidency of the Council of the European Union shall take the initiative to hold such meetings. If the Member State holding the Presidency is not represented in the country or region, it is up to the Member State serving as acting Presidency to take the initiative to hold the meeting. Article 5 1. Member States may bilaterally or multilaterally agree that immigration liaison officers who are posted to a third country or international organisation by a Member State shall also look after the interests of one or more other Member States. 2. Member States may also agree that their immigration liaison officers shall share certain tasks among each other. Article 6 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 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. 2. Such reports shall be drawn up in accordance with a model and a format established by the Commission. 3. 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. 4. The Commission shall, on the basis of the abovementioned reports include a factual summary in its annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents. When presenting its evaluation to the Council, the Commission may make such proposals or recommendations as it deems appropriate. 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? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Need help? Help pages Contact Sitemap Help pages Contact Sitemap Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Information About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop Switch to mobile Switch to desktop
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 2 ):
1. Each Member State shall ensure that its immigration liaison officers establish and maintain direct contacts with the competent authorities in the host country and any appropriate organisation within the host country, with a view to facilitating and expediting the collection and exchange of information. 2. Immigration liaison officers shall collect information for use either at the operational level, or at a strategic level, or both. Such information shall in particular concern issues such as: — flows of illegal immigrants originating from or transiting through the host country, — routes followed by those flows of illegal immigrants in order to reach the territories of the Member States, — their modus operandi, including the means of transport used, the involvement of intermediaries, etc., — the existence and activities of criminal organisations involved in the smuggling of immigrants, — incidents and events that may be or become the cause for new developments with respect to flows of illegal immigrants, — methods used for counterfeiting or falsifying identity documents and travel documents, — ways and means to assist the authorities in host countries in preventing illegal immigration flows originating from or transiting through their territories, — ways and means to facilitate the return and repatriation of illegal immigrants to their countries of origin, — legislation and legal practices relevant to the issues referred to above, — information transmitted via the early warning system. 3. Immigration liaison officers shall also be entitled to render assistance in establishing the identity of third country nationals and in facilitating their return to their country of origin. 4. Member States shall ensure that their immigration liaison officers carry out their tasks within the framework of their responsibilities and in compliance with the provisions, including those on the protection of personal data, laid down in their national laws and in any agreements or arrangements concluded with host countries or international organisations.
Article 3 
1. Member States shall systematically and without delay inform one another, the Council and the Commission of their secondments of immigration liaison officers, including a description of their duties. The Commission shall provide a collection of this information to the Council and Member States. 2. Each Member State shall also inform the others of its intentions as regards the secondment of immigration liaison officers to third countries, so as to allow the other Member States to express an interest in concluding a cooperative agreement with the Member State concerned on such secondment, as referred to in Article 5. Article 4 1. Member States shall ensure that their immigration liaison officers posted to the same third countries or regions constitute local or regional cooperation networks among each other. Within the framework of such networks immigration liaison officers shall, in particular: - meet regularly and whenever necessary, - exchange information and practical experience, - coordinate positions to be adopted in contacts with commercial carriers, when appropriate, - attend joint specialised training courses, when appropriate, - organise information sessions and training courses for members of the diplomatic and consular staff of the missions of the Member States in the host country, when appropriate, - adopt common approaches as to methods of collecting and reporting strategically relevant information, including risk analyses, to the competent authorities of the sending Member States, - contribute to the biannual reports of their common activities, which are drafted in accordance with Article 6(1), - set up regular contacts with similar networks in the host country and in neighbouring third countries, as appropriate. 2. Representatives of the European Commission shall be entitled to participate in the meetings organised within the framework of immigration liaison officers network, although if operational considerations so require, meetings may be held in the absence of a representative of the European Commission. Other bodies and authorities may also be invited, as appropriate. 3. The Member State holding the Presidency of the Council of the European Union shall take the initiative to hold such meetings. If the Member State holding the Presidency is not represented in the country or region, it is up to the Member State serving as acting Presidency to take the initiative to hold the meeting. Article 5 1. Member States may bilaterally or multilaterally agree that immigration liaison officers who are posted to a third country or international organisation by a Member State shall also look after the interests of one or more other Member States. 2. Member States may also agree that their immigration liaison officers shall share certain tasks among each other. Article 6 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 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. 2. Such reports shall be drawn up in accordance with a model and a format established by the Commission. 3. 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. 4. The Commission shall, on the basis of the abovementioned reports include a factual summary in its annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents. When presenting its evaluation to the Council, the Commission may make such proposals or recommendations as it deems appropriate. 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? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Need help? Help pages Contact Sitemap Help pages Contact Sitemap Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Information About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop Switch to mobile Switch to desktop
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 3 ):
1. Member States shall systematically and without delay inform one another, the Council and the Commission of their secondments of immigration liaison officers, including a description of their duties. 2. Each Member State shall also inform the others of its intentions as regards the secondment of immigration liaison officers to third countries, so as to allow the other Member States to express an interest in concluding a cooperative agreement with the Member State concerned on such secondment, as referred to in Article 5. 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/EC ( 7 ) (ICONet) under the section dedicated to immigration liaison officers networks. The Commission shall also provide that information to the Council.
Article 4 
1. Member States shall ensure that their immigration liaison officers posted to the same third countries or regions constitute local or regional cooperation networks among each other. Within the framework of such networks immigration liaison officers shall, in particular: - meet regularly and whenever necessary, - exchange information and practical experience, - coordinate positions to be adopted in contacts with commercial carriers, when appropriate, - attend joint specialised training courses, when appropriate, - organise information sessions and training courses for members of the diplomatic and consular staff of the missions of the Member States in the host country, when appropriate, - adopt common approaches as to methods of collecting and reporting strategically relevant information, including risk analyses, to the competent authorities of the sending Member States, - contribute to the biannual reports of their common activities, which are drafted in accordance with Article 6(1), - set up regular contacts with similar networks in the host country and in neighbouring third countries, as appropriate. 2. Representatives of the European Commission shall be entitled to participate in the meetings organised within the framework of immigration liaison officers network, although if operational considerations so require, meetings may be held in the absence of a representative of the European Commission. Other bodies and authorities may also be invited, as appropriate. 3. The Member State holding the Presidency of the Council of the European Union shall take the initiative to hold such meetings. If the Member State holding the Presidency is not represented in the country or region, it is up to the Member State serving as acting Presidency to take the initiative to hold the meeting. Article 5 1. Member States may bilaterally or multilaterally agree that immigration liaison officers who are posted to a third country or international organisation by a Member State shall also look after the interests of one or more other Member States. 2. Member States may also agree that their immigration liaison officers shall share certain tasks among each other. Article 6 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 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. 2. Such reports shall be drawn up in accordance with a model and a format established by the Commission. 3. 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. 4. The Commission shall, on the basis of the abovementioned reports include a factual summary in its annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents. When presenting its evaluation to the Council, the Commission may make such proposals or recommendations as it deems appropriate. 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? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Need help? Help pages Contact Sitemap Help pages Contact Sitemap Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Information About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop Switch to mobile Switch to desktop
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 4 ):
1. Member States shall ensure that their immigration liaison officers posted to the same third countries or regions constitute local or regional cooperation networks among each other. Within the framework of such networks immigration liaison officers shall, in particular: — meet regularly and whenever necessary, — exchange information and practical experience, in particular at meetings and via ICONet, — exchange information, where appropriate, on experience regarding asylum seekers’ access to protection, — coordinate positions to be adopted in contacts with commercial carriers, when appropriate, — attend joint specialised training courses, when appropriate, — organise information sessions and training courses for members of the diplomatic and consular staff of the missions of the Member States in the host country, when appropriate, — adopt common approaches as to methods of collecting and reporting strategically relevant information, including risk analyses, to the competent authorities of the sending Member States, — contribute to the biannual reports of their common activities, which are drafted in accordance with Article 6(1), — set up regular contacts with similar networks in the host country and in neighbouring third countries, as appropriate. 2. Representatives of the Commission and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) established by Council Regulation (EC) No 2007/2004 ( 8 ) may participate in the meetings organised within the framework of the immigration liaison officers network, although, if operational considerations so require, meetings may be held in the absence of those representatives. Other bodies and authorities may also be invited, as appropriate. 3. The Member State holding the Presidency of the Council of the European Union shall take the initiative to hold such meetings. If the Member State holding the Presidency is not represented in the country or region concerned, it is up to the Member State serving as acting Presidency to take the initiative to hold the meeting. Such meetings may also be held at the initiative of other Member States.
Article 5 
1. Member States may bilaterally or multilaterally agree that immigration liaison officers who are posted to a third country or international organisation by a Member State shall also look after the interests of one or more other Member States. 2. Member States may also agree that their immigration liaison officers shall share certain tasks among each other. Article 6 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 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. 2. Such reports shall be drawn up in accordance with a model and a format established by the Commission. 3. 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. 4. The Commission shall, on the basis of the abovementioned reports include a factual summary in its annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents. When presenting its evaluation to the Council, the Commission may make such proposals or recommendations as it deems appropriate. 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? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Need help? Help pages Contact Sitemap Help pages Contact Sitemap Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Information About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop Switch to mobile Switch to desktop
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.
Article 6 
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 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. 2. Such reports shall be drawn up in accordance with a model and a format established by the Commission. 3. 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. 4. The Commission shall, on the basis of the abovementioned reports include a factual summary in its annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents. When presenting its evaluation to the Council, the Commission may make such proposals or recommendations as it deems appropriate. 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? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker This site is managed by the Publications Office of the European Union Need help? Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Need help? Help pages Contact Sitemap Help pages Contact Sitemap Help pages Contact Sitemap Follow us X Legal Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Legal notice Cookies policy Accessibility Privacy statement Information About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker Information About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links About EUR-Lex Newsletter Useful links Other services European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications European Data EU tenders EU research results EU Whoiswho EU publications N-Lex EU Law in Force EU Law Tracker N-Lex EU Law in Force EU Law Tracker Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Discover more on europa.eu Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Contact the EU Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Call us 00 800 6 7 8 9 10 11 Use other telephone options Write to us via our contact form Meet us at one of the EU centres Social media Search for EU social media channels Search for EU social media channels Legal Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies Languages on our websites Privacy policy Legal notice Cookies EU institutions European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies European Parliament European Council Council of the European Union European Commission Court of Justice of the European Union (CJEU) European Central Bank (ECB) European Court of Auditors European External Action Service (EEAS) European Economic and Social Committee European Committee of Regions (CoR) European Investment Bank European Ombudsman European Data Protection Supervisor (EDPS) European Data Protection Board European Personnel Selection Office Publications Office of the European Union Agencies Switch to mobile Switch to desktop Switch to mobile Switch to desktop
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 6 ):
1. The Member State holding the Presidency of the Council of the European Union or, where that Member State is not represented in the country or region concerned, the Member State serving as acting Presidency shall draw up, by the end of each semester, a report to the European Parliament, the Council and the Commission on the activities of immigration liaison officers networks in specific countries and/or regions of particular interest to the Union, as well as on the situation in those countries and/or regions, in matters relating to illegal immigration, taking into consideration all the relevant aspects, including human rights. The selection, following a consultation with the Member States and the Commission, of the specific countries and/or regions of particular interest to the Union shall be based on objective migratory indicators, such as statistics on illegal immigration, and risk analyses and other relevant information or reports prepared by Frontex and the European Asylum Support Office, and shall take into consideration the overall Union external relations policy. 2. The Member State’s reports referred to in paragraph 1 shall be drawn up in accordance with the model established by Commission Decision 2005/687/EC of 29 September 2005 on the format for the report on the activities of immigration liaison officers networks and on the situation in the host country in matters relating to illegal immigration ( 9 ) and shall indicate the relevant selection criteria. 3. The Commission shall, on the basis of the Member State’s reports referred to in paragraph 1, taking into consideration human rights aspects where relevant, provide a factual summary and, where appropriate, recommendations to the European Parliament and to the Council, on an annual basis, on the development of immigration liaison officers networks.